Mario Georgiou v The Commissioner of Police — Benchmark — WA Industrial Relations Case Database

Ratio

The WAIRC, sitting under s33S of the Police Act, granted an extension of time to 1 October 2017 for the appellant police officer to comply with reg 92 of the IRC Regulations 2005 in an appeal against removal action, on the basis that the request was fair and reasonable given the appellant's personal circumstances (death of ex-wife, illness of father) and medical evidence of incapacity.

Outcome

Resolved other

Authority signal

Cited 1× Signal-weighted score: 1.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 7

Appellant is a WA police officer appealing a removal decision by the Commissioner of Police
Appellant sought extension of time to comply with procedural requirements (reg 92 IRC Regulations 2005)
Extension previously granted to 1 August 2017
Second extension request made 28 July 2017 for extension to 1 October 2017
Request based on sudden death of appellant's ex-wife and illness of father
Medical certificate from Dr Wright supporting incapacity
Respondent did not oppose the extension request

Factors

For

Appellant's personal circumstances: sudden death of ex-wife
Appellant's father's illness
Medical certificate from appellant's doctor supporting incapacity
Respondent's non-opposition to the extension

Against

Multiple prior extensions already granted
Respondent's warning of potential re-listing for directions if appellant failed to comply by extended date

Concept tags · 5

[P]Public sector termination [P]WA police officer (MCE Act applies) [S]Public sector discipline [S]Extension of time to file [S]Internal appeals (FB, FWCFB)

Principles · 1

articulates para ?

An extension of time for compliance with procedural requirements in an appeal against removal action should be granted where the applicant demonstrates fair and reasonable grounds, including personal circumstances and supporting medical evidence of incapacity.

Cases cited in this decision · 1

Cited

[2017] WAIRC 353 — Mario Georgiou v The Commissioner of Police

"…tion further amended Representation (by written correspondence) Appellant Mr M Georgiou Respondent Mr N van Hattem of counsel Further amended Further Direction WHEREAS on 19 June 2017, the Commission issued a Further...…"

¶2

Subsequent treatment · 1

Cited / considered· 1

Cited

[2017] WAIRC 863 WAIRC — Single Commissioner — Mario Georgiou v The Commissioner of Police

¶2

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2011] WASCA 168 GORDON -v- COMMISSIONER OF POLICE	WA Court of Appeal	2011-08-08	Against applicant	2	6
[2019] WASCA 14 THE COMMISSIONER OF POLICE -v- FERGUSON	WA Court of Appeal	2019-01-25	For applicant	2	5
[2015] WASCA 46 POLIZZI -v- COMMISSIONER OF POLICE	WA Court of Appeal	2015-03-11	Against applicant	2	2
[2015] WASCA 245 MORAN -v- THE COMMISSIONER OF POLICE	WA Court of Appeal	2015-12-03	Against applicant	2	0
[2002] WASC 139 Re Michelle Roberts, Honourable Minister for Police and Emergency Services &...	WA Supreme Court	2002-05-31	Against applicant	2	0
[2017] WAIRC 238 Shane Michael Ferguson v The Commissioner of Police	WAIRC — Single Commissioner	2017-05-01	For applicant	2	7
[2021] WAIRC 481 Daren Lee v West Australian Police Force	WAIRC — Single Commissioner	2021-08-27	Against applicant	2	4
[2014] WAIRC 302 [the v the Commissioner of Police which emphasises a duty to obey and uphold...	WAIRC — Single Commissioner	2014-01-01	Against applicant	2	4
[2012] WAIRC 112 Darren Waddell v Commissioner Of Police	WAIRC — Single Commissioner	2012-02-29	Against applicant	2	3
2026 WAIRC 00067 JD v Commissioner of the Western Australian Police	WAIRC — Single Commissioner	2026-02-05	Against applicant	2	2

Archived text (375 words)

=== REASONS FOR DECISION === [WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION] PARTIES Mario Georgiou APPELLANT -v- The Commissioner of Police RESPONDENT CORAM Chief Commissioner P E Scott Senior Commissioner S J Kenner Commissioner T Emmanuel DATE Thursday, 3 August 2017 FILE NO. APPL 4 OF 2017 CITATION NO. 2017 WAIRC 00693 Result Further direction further amended Representation (by written correspondence) Appellant Mr M Georgiou Respondent Mr N van Hattem of counsel ¶1 Further amended Further Direction ¶2 WHEREAS on 19 June 2017, the Commission issued a Further amended Further Direction ([2017] WAIRC 00353) granting a third further extension of time to 1 August 2017 for the appellant to comply with reg 92 of the Industrial Relations Commission Regulations 2005; and ¶3 WHEREAS by email dated 28 July 2017, the appellant requested an extension to 1 October 2017 in which to comply with reg 62 of the Regulations; and ¶4 WHEREAS the appellant made this request based on the consequences of the sudden death of his ex-wife and the illness of his father, with supporting evidence; and ¶5 WHEREAS the appellant also attached to his email of 28 July 2017 a medical certificate dated 26 July 2017 from the appellant’s medical practitioner Dr Wright, stating he would be grateful if the appellant’s request for an extension of time to 1 October 2017 be considered; and ¶6 WHEREAS the respondent does not oppose the request for an extension of time; and ¶7 WHEREAS the respondent noted that if the Commission grants the request and the appellant’s materials are not provided by the extended date, he would seek the re-listing of the matter for directions for an appropriate disposition; and ¶8 WHEREAS having considered the request the Commission believes it would be fair and reasonable to grant it. ¶9 NOW THEREFORE, the Commission, pursuant to the powers conferred on it under s 33S of the Police Act, hereby directs – ¶10 1. THAT compliance with reg 92 of the Regulations by the appellant be and is hereby extended to 1 October 2017. ¶11 2. THAT if the appellant fails to comply with par 1 the appeal will be listed for further directions. ¶12 senior Commissioner S J Kenner ¶13 ON BEHALF OF THE ¶14 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS Commission