Western Australian Current Acts

YOUNG OFFENDERS ACT 1994 - SECT 11CN

11CN .         Adjournment of appeal if appellant charged with offence

        (1)         The chief executive officer or an appellant may apply to the WAIRC for an adjournment of the hearing of an appeal if the appellant has been —

            (a)         charged with an offence relating to any matter, act or omission that was taken into account by the chief executive officer in deciding that he or she did not have confidence in the appellant’s suitability to continue as a custodial officer; and

            (b)         the charge has not been finally determined by a court or otherwise disposed of.

        (2)         If an adjournment application is made by the chief executive officer, the WAIRC may adjourn the hearing of the appeal if it considers that it is in the interests of justice to do so.

        (3)         If an adjournment application is made by the appellant, the WAIRC must adjourn the hearing of the appeal for the period (not exceeding 12 months) requested by the appellant.

        (4)         Before the end of the period of an adjournment under this section, the chief executive officer or the appellant may apply to the WAIRC for a further adjournment and, if it is in the interests of justice to do so, the WAIRC may grant a further adjournment for the period specified by it.

        (5)         Subsections (2) and (4) do not affect any other power of the WAIRC to grant an adjournment.

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