Western Australian Current Acts Western Australian Current Acts (1) Subject to this
section, the Court may order that any original proceedings in which an order
(not being an order made following conviction on indictment) was made against
a child under the Young Offenders Act 1994 or the
Children and Community Services Act 2004 are to be reheard.
(2) An order may be
made under subsection (1) by the Court when constituted by the President of
the Court’s own motion or upon cause being shown on the application of
—
(a) the
CEO (young offenders) or the CEO as defined in section 3 of the
Children and Community Services Act 2004 ; or
(b) a
parent or guardian of the child against whom an order may be made in those
proceedings; or
(c) a
child to whom the proceedings relate; or
(d) the
prosecutor in those proceedings.
(3) The Court
rehearing any proceedings under this section —
(a) is
not required to be constituted in the same manner as the Court before which
the original proceedings were heard; and
(b)
shall not be constituted by JPs sitting alone; and
(c) has
power to set aside or vary any finding or order made in the original
proceedings; and
(d) has
power to make any finding or order which could have been made in the original
proceedings.
(4) Except where the
Court considers that it is just to do so, no new evidence shall be admitted at
the rehearing of any proceedings under this section.
(5) Where any
proceedings are re-heard under this section the proceedings as so re-heard
shall not be taken to have been original proceedings for the purposes of any
further application under this section, but nothing in this section derogates
from any right that may be available to any person by way of appeal.
[Section 28 amended: No. 31 of 1993 s. 29; No. 104
of 1994 s. 227; No. 57 of 1997 s. 31; No. 34 of 2004 s. 251; No. 59 of 2004 s.
73; No. 84 of 2004 s. 80; No. 65 of 2006 s. 56.]