Western Australian Current Acts Western Australian Current Acts (1) In this section
—
protected information means information the
disclosure of which would contravene a written law or an order of a court;
release action has the meaning given in
section 66D;
release decision has the meaning given in
section 66D;
sensitive information means information the
disclosure of which could reasonably be expected to —
(a)
prejudice national security; or
(b)
endanger a person’s life or physical safety; or
(c)
threaten significant damage to infrastructure or property; or
(d)
prejudice a criminal investigation; or
(e)
reveal intelligence gathering methodologies, investigative techniques or
technologies or covert practices; or
(f)
enable the discovery of the existence or identity of a confidential source of
information relevant to law enforcement.
(2) This section
applies if, during a financial year, the chairperson decides —
(a) to
make a release decision, or take release action, under Part 5 Division 1B; or
(b) to
refuse to make a release decision, or take release action, under Part 5
Division 1B; or
(c) to
cancel an early release order under section 67A(2).
(3) Before giving an
annual report for the financial year, the chairperson must notify the
Commissioner of Police and the Attorney General of the number of decisions
referred to in subsection (2) that are made in the financial year ( notifiable
information ).
(4) The Commissioner
of Police must advise the Attorney General whether, in the
Commissioner’s opinion, some or all of the notifiable information is, or
is likely to be, sensitive information.
(5) If the Attorney
General is satisfied that some or all of the notifiable information is
protected information or, on advice given under subsection (4), is satisfied
that some or all of the notifiable information is sensitive information, the
Attorney General must direct the chairperson to —
(a)
exclude the information from the annual report; and
(b)
insert a statement in the annual report to the effect that the information is
excluded from the annual report under this section.
(6) The chairperson
must comply with a direction given under subsection (5).
(7) The Attorney
General may obtain legal advice as to the matters in subsection (5).
(8) If the Attorney
General does not give a direction under subsection (5), the Board must include
the notifiable information in the annual report.
[Section 112A inserted: No. 14 of 2022 s. 22.]