Western Australian Current Acts Western Australian Current Acts (1) If an application
is made under section 110ZNB(1), the State Administrative Tribunal must give
the following persons reasonable notice in writing of the hearing of the
application —
(a) the
applicant;
(b) the
person on whom the abortion is proposed to be performed;
(c) the
nearest relative, as referred to in subsection (2) (if any), of the person;
(d) if
the person has an enduring guardian or guardian, that guardian;
(e) the
Public Advocate;
(f) any
other person who in the opinion of the State Administrative Tribunal has a
proper interest in the proceedings.
(2) For the purposes
of subsection (1)(c), the nearest relative of the person is the first in order
of priority of the following relatives of the person who have reached 18 years
of age —
(a) a
spouse or de facto partner;
(b) a
child;
(c) a
parent;
(d) a
sibling.
(3) A notice under
subsection (1) must include —
(a)
particulars of the application and the time and place of the hearing; and
(b) in
the case of the notice given to the applicant or the person on whom the
abortion is proposed to be performed, a summary of —
(i)
the provisions of section 16 and Schedule 1 clause 13,
and the State Administrative Tribunal Act 2004 sections 39, 87 and 88, as they
affect that person; and
(ii)
the functions of the State Administrative Tribunal under
this Subdivision.
(4) The State
Administrative Tribunal is not required to give notice to a person referred to
in subsection (1) if, after reasonable enquiry, the whereabouts of the person
cannot be ascertained.
(5) If, by reason of
circumstances of urgency, the State Administrative Tribunal considers it
necessary to do so, the Tribunal may hear an application made under
section 110ZNB(1) without giving notice to the persons referred to in
subsection (1)(c), (d) and (f).
[Section 110ZNC inserted: No. 20 of 2023 s. 53.]