Western Australian Current Acts

YOUNG OFFENDERS ACT 1994 - SECT 11CJ

11CJ .         Leave to tender new evidence on appeal

        (1)         New evidence cannot be tendered to the WAIRC during a hearing of an appeal unless the WAIRC grants leave under subsection (2) or (3).

        (2)         The WAIRC may grant the chief executive officer leave to tender new evidence if —

            (a)         the appellant consents; or

            (b)         it is satisfied that it is in the interests of justice to do so.

        (3)         The WAIRC may grant the appellant leave to tender new evidence if —

            (a)         the chief executive officer consents; or

            (b)         the WAIRC is satisfied that —

                  (i)         the appellant is likely to be able to use the new evidence to show that the chief executive officer has acted upon wrong or mistaken information; or

                  (ii)         the new evidence might materially have affected the chief executive officer’s removal decision; or

                  (iii)         it is in the interests of justice to do so.

        (4)         In the exercise of its discretion under subsection (3), the WAIRC must have regard to —

            (a)         whether or not the appellant was aware of the substance of the new evidence before the appellant’s removal; and

            (b)         whether or not the substance of the new evidence was contained in a document to which the appellant had reasonable access before the appellant’s removal.

        [Section 11CJ inserted: No. 29 of 2014 s. 16.]