Western Australian Current Acts

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 86

86 .         Evidence

        (1)         Evidence may be given at a hearing under this Part (including a further hearing fixed under section 92) orally or by affidavit.

        (2)         An affidavit for use in the hearing must be confined to the evidence the person making it could give orally, except that it may contain statements based on information and belief if the person making the affidavit states the source of the information and the grounds for the belief.

        (3)         For the purposes of the hearing, the Commissioner is entitled, on request, to inspect or obtain a copy of any document held by the Children’s Court relating to the reportable offender —

            (a)         that is part of the court record; or

            (b)         that was received by that court in sentencing proceedings.

        (4)         In subsection (3) —

        court record has the meaning given in the Children’s Court of Western Australia Act 1988 section 51A(1).

        (5)         Subsection (3) does not limit the Children’s Court of Western Australia Act 1988 section 51A(3).

        [Section 86 amended: No. 54 of 2012 s. 27.]