Western Australian Current Acts Western Australian Current Acts (1A) In this section
—
designated authority means —
(a) the
Commissioner; or
(b) a
department of the Public Service; or
(c) a
body (whether incorporated or not), or the holder of an office, post or
position, that —
(i)
is established, constituted or continued for a public
purpose under a written law; and
(ii)
under the authority of a written law, performs a
statutory function on behalf of this State;
or
(d) any
other person or body, or person or body of a class, prescribed by the
regulations for the purposes of this definition;
designated information means information given to
the CEO by —
(a) the
Commissioner of the Australian Federal Police; or
(b) the
Commissioner (however designated) of the police force of another jurisdiction;
or
(c) any
other person or body, or person or body of a class, prescribed by the
regulations for the purposes of this definition.
(1) If a designated
authority reasonably believes that a person charged with or convicted of an
offence —
(a) is a
person in respect of whom the CEO may ask for information under section 34; or
(b)
carries out child-related work,
and the designated
authority reasonably believes that the charge or conviction makes it
inappropriate for the person to continue to carry out child-related work or
have an assessment notice, the designated authority may give the CEO notice of
the following —
(c) the
person’s name and any former name or alias;
(d) the
person’s date of birth;
(da) the
person’s address and other contact details;
(e) the
offence with which the person has been charged or of which the person has been
convicted;
(f) the
details of the offence;
(fa)
without limiting paragraph (f), whether a victim of the offence was a child at
the time when the offence was committed or allegedly committed and, if so, the
age of the victim at that time;
(g) the
date of the charge or conviction;
(h) any
other information the designated authority thinks fit.
(2) A designated
authority may give notice under subsection (1) despite another Act or law.
(3) If the CEO is
satisfied that there are reasonable grounds for believing that a person in
respect of whom the CEO has been given notice under subsection (1),
information under section 33A or 34 or designated information —
(a)
carries out child-related work or has a current assessment notice; and
(b) has
been charged with or convicted of an offence that may make it inappropriate
for the person to continue to carry out child-related work or have an
assessment notice,
the CEO may —
(c) if
the person does not have a current assessment notice, give the person a
written notice requiring the person to apply, within 10 days after the date of
the notice, for an assessment notice; or
(d) if
the person has a current assessment notice, make a decision under section 12
as if —
(i)
an application had been made by the person under section
9 or 10, as the case requires; and
(ii)
a reference in section 12 to issuing an assessment notice
were a reference to issuing an assessment notice or a further assessment
notice.
(3A) However, the CEO
must not act under subsection (3) in relation to information about a charge or
conviction if the CEO —
(a) was
previously aware of the charge or conviction; and
(b)
decided to issue an assessment notice under section 12(5) or (6) despite the
existence of the charge or conviction.
(4) A person must
comply with a notice given to the person under subsection (3)(c) within the
period referred to in that paragraph.
Penalty for this subsection: a fine of $1 000.
(5) It is a defence to
a charge of an offence under subsection (4) to prove that, at the time the
offence is alleged to have been committed, the person was not carrying out
child-related work.
[Section 17 inserted: No. 7 of 2010 s. 9; amended:
No. 47 of 2022 s. 16 and 46.]