Western Australian Current Acts

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 54

54 .         Commissioner and certain chief executive officers entitled to be parties to proceedings

        (1)         In this section —

        relevant authority means —

            (a)         the Commissioner; or

            (b)         the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Children and Community Services Act 2004 ; or

            (c)         the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Sentence Administration Act 2003 .

        (2)         Each relevant authority is entitled to be a party to any proceedings for an order under this Division and may make submissions in opposition to, or in support of, the making of the order.

        (3)         As soon as is practicable after receiving an application under this Division, the Registrar of the District Court must notify the relevant authorities of the application.

        (4)         For the purposes of preparing submissions, a relevant authority may, by notice in writing, direct any public authority to provide to the relevant authority, on or before a day specified in the notice, any information held by the public authority that is relevant to an assessment of whether the applicant poses a risk to the lives or the sexual safety of one or more persons, or persons generally.

        (5)         A public authority to which a direction under subsection (4) is given is authorised and required to provide to the relevant authority the information sought by the direction.

        (6)         A public authority is not required to give information that is subject to legal professional privilege.