Western Australian Current Acts Western Australian Current Acts (1) In this section
—
accountable authority means the accountable
authority, as defined in the Financial Management Act 2006 section 3, of the
department of the Public Service principally assisting in the administration
of this Act;
protected information means information the
disclosure of which would contravene a written law or an order of a court;
sensitive information means information the
disclosure of which could reasonably be expected —
(a) to
prejudice national security; or
(b) to
endanger a person’s life or physical safety; or
(c) to
threaten significant damage to infrastructure or property; or
(d) to
prejudice a criminal investigation; or
(e) to
reveal intelligence gathering methodologies, investigative techniques or
technologies or covert practices; or
(f) to
enable the discovery of the existence or identity of a confidential source of
information relevant to law enforcement.
(2) Subject to
subsections (7) and (8), the accountable authority must, in each annual report
submitted under the Financial Management Act 2006 Part 5 Division 2, include
information relating to action taken under section 66C(1) in proceedings on a
case for bail in the financial year to which the annual report relates (
reportable information ).
(3) Reportable
information must, without disclosing terrorist intelligence information,
specify —
(a) the
number of proceedings in which action was taken under section 66C(1); and
(b) in
each of those proceedings whether the accused had access to the terrorist
intelligence information received by the judicial officer and whether —
(i)
evidence by or on behalf of the accused was received; and
(ii)
argument by or on behalf of the accused was heard.
(4) Prior to
submitting an annual report, the accountable authority must give a copy of the
reportable information they propose to include in the annual report to the
Attorney General and the Commissioner of Police.
(5) The Commissioner
of Police must advise the Attorney General whether any of the reportable
information, in the Commissioner’s opinion, is or is likely to be
sensitive information.
(6) A judicial officer
may advise the Attorney General of any reportable information that, in the
judicial officer’s opinion, is or is likely to be protected information.
(7) If the Attorney
General is, on advice provided under subsection (5) or (6), satisfied that
some or all of the reportable information is sensitive information or
protected information, the Attorney General must direct the accountable
authority to —
(a)
exclude the information from the annual report; and
(b)
insert a statement in the annual report to the effect that information has
been excluded from the report under this section.
(8) The accountable
authority must comply with a direction under subsection (7).
[Section 66D inserted: No. 15 of 2019 s. 11.]