Western Australian Current Acts Western Australian Current Acts (1) If the CEO
proposes or is required to decide an application under section 12 by issuing a
negative notice to the applicant, the CEO must give the applicant a written
notice that —
(a)
informs the applicant of the proposal or requirement; and
(b)
states the information about —
(i)
the applicant’s criminal record of which the CEO is
aware; and
(ii)
any conduct review finding or outcome relating to the
applicant of which the CEO is aware as a result of a notice under
section 17A(3);
and
(c)
invites the applicant to make a submission to the CEO, in writing or in
another form approved by the CEO, within a specified time about the
information and about the applicant’s suitability to be issued with an
assessment notice.
(2) If the information
stated in a notice under subsection (1) about an applicant’s criminal
record includes a Class 1 offence (other than a Class 1 offence committed or
allegedly committed by the applicant when a child) of which the applicant has
been convicted, or for which the applicant has a pending charge, the applicant
may make a submission to the CEO under this section only if the applicant
reasonably believes that the applicant’s criminal record does not
include that conviction or charge.
(3) The specified time
referred to in subsection (1)(c) must be reasonable and, in any case, at least
28 days after the CEO gives the applicant the notice.
(4) Subsection (2)
does not apply if the applicant has been granted a pardon in respect of the
Class 1 offence.
(5) Before deciding
the application, the CEO must consider any submission made by the applicant
within the specified time.
[Section 13 inserted: No. 47 of 2022 s. 15.]