Western Australian Current Acts Western Australian Current Acts (1) In this section
—
Chief Mental Health Advocate has the meaning given
in the Mental Health Act 2014 section 4;
CLMI identified person has the meaning given in
the Criminal Law (Mental Impairment) Act 2023 section 127;
contractor means —
(a) a
contractor as defined in the Court Security and Custodial Services Act 1999
section 3; or
(b) a
contractor as defined in the Declared Places (Mental Impairment) Act 2015
section 3;
mental health advocate has the meaning given in
the Mental Health Act 2014 section 4;
public authority means —
(a) a
department of the Public Service; or
(b) a
State agency or instrumentality; or
(c) a
court or tribunal to the extent that it is an agency for the purposes of the
Freedom of Information Act 1992 ; or
(d) a
body, whether corporate or unincorporate, or the holder of an office, post or
position, established or continued for a public purpose under a written law;
relevant information means information that, in
the opinion of the chief executive officer, is, or is likely to be, relevant
to the administration of this Act;
research means research to promote the development
of juvenile justice services and includes research for the purposes of the
project known as “Developmental Pathways Project” conducted by the
Telethon Institute for Child Health Research.
(2) The chief
executive officer may request a public authority or contractor that holds
relevant information to disclose the information to the chief executive
officer.
(3) A request under
subsection (2) —
(a) may
relate to particular information or information of a particular kind; and
(b) may
relate to information that may be held from time to time.
(4) A public authority
or contractor may disclose information in compliance with a request under
subsection (2).
(5) The chief
executive officer may disclose information regarding —
(a)
young persons who have committed offences; or
(b)
detainees or persons who have been detainees,
to a public authority
or other body for use in research.
(5A) The chief
executive officer may disclose information regarding detainees who are CLMI
identified persons to the Chief Mental Health Advocate or a mental health
advocate for the purposes of the performance of their respective functions
under the Criminal Law (Mental Impairment) Act 2023 .
(6) A public
authority, contractor or other body may disclose information regarding —
(a)
young persons who have committed offences; or
(b)
detainees or persons who have been detainees,
to the chief executive
officer for use in research.
(7) The chief
executive officer must establish procedures for the disclosure of information
under subsection (5) or (5A).
(8) The regulations
may include provisions about —
(a) the
receipt and storage of information disclosed under this section; and
(b) the
restriction of access to such information.
[Section 16 inserted: No. 65 of 2006 s. 77;
amended: No. 26 of 2011 s. 8; No. 4 of 2015 s. 89; No. 10 of 2023 s. 408 and
410.]