Western Australian Current Acts

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 245

245.         Legal proceedings, commencement of

        (1)         Proceedings under this Act for an offence (other than an offence under section 101(1), 102 or 192(1) or (2)) or in respect of any other matter may be commenced in the name of the CEO by the CEO or a person authorised to do so by the CEO.

        (2)         In any proceedings no proof is required of —

            (a)         the appointment of the CEO; or

            (b)         the authorisation of a person under subsection (1),

                but an averment in a prosecution notice that the person is so appointed or authorised is to be taken to be proved unless the contrary is proved.

        (3)         Subsection (1) does not limit the ability of a person to commence or conduct the prosecution of an offence if the person has authority at law to do so.

        [Section 245 amended: No. 84 of 2004 s. 80.]