A fundamental condition of membership and eligibility for office in a union is that the person must satisfy the membership criteria at all times, including continuing eligibility. Where a rule provides that membership terminates when a person ceases to be eligible (here, ceases to be appointed under the Police Act and employed by the Commissioner of Police), membership terminates automatically upon that event occurring.

The special nature of the relationship between the Commissioner of Police and members of the Police Force extends beyond normal employer-employee duties to encompass the commitment of a member to discharge the requirements of their commission whether on duty or off duty and to serve as a member of a disciplinary force.

A police officer is required to discharge the requirements of his/her commission whether on duty or off duty and to serve as a member of a disciplinary force, with duties extending beyond normal employer/employee relationships to encompass commitment to uphold highest standards of ethical behaviour.

The Commissioner's action of loss of confidence is not a dismissal but arises where, having regard to the officer's integrity, honesty or conduct, the Commissioner loses confidence in the officer's suitability to remain an officer.

The standard of proof for the Commissioner in determining loss of confidence is the balance of probabilities (civil standard), different from the criminal trial standard of beyond reasonable doubt.

While a police officer is entitled to the presumption of innocence in criminal trial, the issues before the Commissioner regarding loss of confidence are about integrity, honesty, lies and deception in investigations, which are distinct matters.

An officer who subjugates obligations and responsibilities as a police officer to secondary employment and commercial interests acts contrary to those obligations, justifying removal in accordance with public interest considerations.

The WAIRC must examine closely the Commissioner's reasons in terms of substance and the process by which they were formulated, and must decide whether the reasons are actually made out.

Section 33Q(4) of the Police Act requires the WAIRC to have regard to the interests of the appellant and public interest, including maintenance of public confidence in the integrity, honesty, conduct and standard of performance of the Police Force.

Police officers have extraordinary powers and must operate within an organisation where discipline is vitally important. The Commissioner must have high confidence that officers will properly use their powers and respect the hierarchical structure vital to public confidence in the police force.

Police officers hold a position of status and gravitas in the community and hold an office, not merely a job. This gives rise to a 'fall from grace' associated with removal that may take such cases outside the ordinary run of cases.

Officers in lower commissioned ranks (Commander, Superintendent, Inspector) who are answerable to high-level statutory officers do not attract immunity from federal taxation merely because they occupy positions of operational importance within a core State function.