Western Australian Current Acts Western Australian Current Acts (1) In this section
—
DPP means —
(a) the
Director of Public Prosecutions appointed under the Director of Public
Prosecutions Act 1991 section 5; or
(b) a
person or body exercising functions that substantially correspond to the
functions of the Director of Public Prosecutions under a law of another
jurisdiction.
(2) This section
applies in respect of a person —
(a) who
has a current assessment notice; or
(b) who
has applied to the CEO for an assessment notice; or
(c) who
has applied to the CEO for a negative notice to be cancelled; or
(d) in
relation to whom the CEO has decided to act under section 17(3)(d) or
17B(2)(b); or
(e) in
relation to whom the CEO is acting under section 20; or
(f) who
has applied to the State Administrative Tribunal under section 26 or who is
the subject of an appeal against a decision of the Tribunal on an application
under that section; or
(g) in
relation to whom the CEO has been given a notice that the CEO must treat under
section 32(1) as an application by the person for an assessment notice.
(3) The CEO may ask a
criminal records agency for information or access to the records of the
criminal records agency —
(a) to
determine whether the person has a criminal record; and
(b) if
the person has a criminal record, to obtain details of the criminal record.
(4) If the person has
a criminal record, the CEO may ask a criminal records agency or the DPP for
any information relating to the person in their possession that is connected
with, or otherwise related to, a conviction or charge mentioned in the
criminal record.
(5) A person or body
in this State to which a request is made by the CEO under this section is
authorised to disclose the requested information to the CEO.
(6) This section does
not limit the powers of the CEO to request or obtain information under another
provision of this Act.
[Section 34 amended: No. 47 of 2022 s. 28.]
[Heading inserted: No. 47 of 2022 s. 29.]