Western Australian Current Acts Western Australian Current Acts (1) A person to whom a
negative notice has been issued may apply to the CEO for the notice to be
cancelled.
(2) The application
cannot be made sooner than 3 years after —
(a) the
negative notice was issued; or
(b) if
the person has previously applied under this section — the date of the
CEO’s notice under subsection (10); or
(c) if
the person has applied, under section 26, for a review of a decision by the
CEO and the State Administrative Tribunal has affirmed the CEO’s
decision — the date of the Tribunal’s decision.
(3) Subsection (2)
does not apply if —
(a) a
Class 1 offence or a Class 2 offence with which the person was charged when
the negative notice was issued, the previous application was made, or the
CEO’s decision was affirmed, is later disposed of by a court otherwise
than by way of a conviction; or
(b) an
offence of which the person was convicted when the negative notice was issued,
the previous application was made, or the CEO’s decision was affirmed,
is later quashed or set aside on appeal; or
(ba) a
Class 1 offence of which the person was convicted when the negative notice was
issued, the previous application was made, or the CEO’s decision was
affirmed, is later the subject of a pardon granted to the person; or
(c) the
negative notice was issued under section 12(5) because the condition in item 4
of the Table to section 12(3) applied to the person and the pending charge in
respect of an offence referred to in that item was later disposed of by a
court otherwise than by way of a conviction; or
(d) a
conduct review finding or outcome of which notice was given under
section 17A(3) and which was taken into account when the negative notice was
issued, the previous application was made, or the CEO’s decision was
affirmed, is later quashed, set aside or withdrawn expressly or impliedly, or
found to be unsubstantiated or incorrect.
(4) Subsection (2)(a)
does not apply if the negative notice was issued under section 18.
(4A) Subsection (3)(d)
does not apply if the conduct review finding or outcome is replaced by another
conduct review finding or outcome.
(5) The application is
to be —
(a) in
the approved form; and
(b)
signed by the applicant; and
(c)
accompanied by the fee prescribed by the regulations.
(6) The approved form
is to include provision for identifying information to be given about the
applicant.
(7) The person may, in
the application, state any information or make any submission that relates to
—
(a) the
person’s suitability to carry out child-related work; or
(b) any
change in the person’s circumstances,
unless the person has
previously stated that information or made that submission in or in respect of
an application under this Act.
(8) Section 12(2) to
(8) apply to the application as if —
(a) the
application were an application for an assessment notice; and
(b) a
reference in those provisions to issuing an assessment notice were a reference
to granting the application; and
(c) a
reference in those provisions to issuing a negative notice were a reference to
refusing the application.
(9) If the CEO grants
the application, the CEO —
(a) is
to cancel the negative notice and give written notice to the applicant
accordingly; and
(b) if
the person so requests — is to issue an assessment notice to the person.
(10) If the CEO
refuses the application, the CEO is to give the person a written notice that
—
(a)
states the reasons for the CEO’s decision on the application; and
(b)
states that the person may apply to the State Administrative Tribunal, within
28 days after the date of the notice, to have the decision reviewed; and
(c)
explains how the application for the review is made.
[Section 19 amended: No. 7 of 2010 s. 11; No. 47
of 2022 s. 19.]