Western Australian Current Acts Western Australian Current Acts (1) The CEO must not
approve an application unless satisfied —
(a) that
the offence is a historical homosexual offence; and
(b)
that, on the balance of probabilities, both of the following tests are
satisfied in relation to the eligible person —
(i)
the eligible person would not have been charged with the
historical homosexual offence but for the fact that the eligible person was
suspected of having engaged in the conduct constituting the offence for the
purposes of, or in connection with, sexual activity of a homosexual nature;
(ii)
the conduct constituting the historical homosexual
offence, if engaged in by the eligible person at the time of the making of the
application, would not constitute an offence under the law of this State.
(2) In considering
whether the test set out in subsection (1)(b)(ii) is satisfied, the CEO must
have regard to —
(a)
whether any person involved in the conduct constituting the historical
homosexual offence, including the eligible person, consented to the conduct;
and
(b) the
ages, or respective ages, of any such persons at the time of that conduct.
(3) If the consent of
a person is an issue in considering an application, the CEO may only be
satisfied on written evidence on that issue —
(a) from
the available official criminal records; or
(b) from
a person, other than the eligible person, who was involved in the conduct
constituting the historical homosexual offence; or
(c) if
no person referred to in paragraph (b) can be found after reasonable enquiries
are made by the applicant, from a person (other than the applicant) with
knowledge of the circumstances in which that conduct occurred.
(4) In considering an
application the CEO may have regard to any matter the CEO reasonably considers
relevant in the circumstances.