Western Australian Current Acts Western Australian Current Acts (1) The CEO must
determine an application as soon as practicable after it is received.
(2) The CEO is to
determine an application by —
(a)
approving the application; or
(b)
refusing the application.
(3) If the application
is approved, the conviction for the historical homosexual offence is expunged.
(4) The CEO must not
refuse an application unless the CEO has —
(a)
given notice to the applicant and, if the applicant is not the eligible person
and it is practicable to do so, to the eligible person stating that —
(i)
the CEO proposes to refuse the application; and
(ii)
further written information or documents that show cause
why the application should not be refused may be submitted to the CEO within
14 days after the day on which the notice is given;
and
(b)
provided to the person, or persons, to whom the notice is given, at the time
that the notice is given, copies of all official criminal records in the
possession of the CEO relating to the conviction for the historical homosexual
offence; and
(c)
taken into account any further written information or documents submitted by
that person, or persons, within the period specified in the notice.
(5) The CEO must
ensure that personal information (other than personal information about the
eligible person) is withheld from official criminal records provided under
subsection (4)(b).
(6) The CEO must, as
soon as possible after a determination under this section is made, give the
applicant and, if the applicant is not the eligible person and it is
practicable to do so, the eligible person, written notice of the determination
and, if the application is refused, that notice is to —
(a) set
out the reasons for the refusal; and
(b) give
information about the right to have the determination reviewed.