Western Australian Current Acts

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51 .         Dealing with applications

        (1)         In this section —

        application means an application made under section 50(1) or 52(3).

        (2)         On receiving an application the Chief Assessor must ensure that —

            (a)         notice of the application is served on the offender; and

            (b)         the CEO and the offender are served with notice of —

                  (i)         the time and place of the hearing of the application; and

                  (ii)         the matters listed in section 52(2) that will be considered at the hearing; and

                  (iii)         their entitlements under subsection (3).

        (3)         A person who is notified of the hearing is entitled —

            (a)         to give the assessor, before the hearing, a written submission about any matter relevant to the making of a compensation reimbursement order; and

            (b)         to appear at the hearing and be heard by the assessor dealing with the application; and

            (c)         to appear in person or to be represented by a legal practitioner, or by a person approved by the assessor; and

            (d)         to present evidence and to call, examine and re-examine witnesses and to cross-examine any witness not called by that person.

        (4)         Section 63 applies for the purposes of conducting the hearing.

        (5)         The hearing must be conducted in private unless the assessor decides that it should be conducted in public.

        (6)         If a hearing is conducted in private, the assessor may exclude any person who the assessor does not intend to hear.

        (7)         At the hearing an assessor may inquire into —

            (a)         the matters listed in section 52(2); and

            (b)         any other matters that the assessor thinks are relevant to the application.

        [Section 51 amended: No. 21 of 2008 s. 655(3).]

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