Western Australian Current Regulations Western Australian Current Regulations (1) A supplier who has
been debarred or suspended may request the Department CEO to reconsider the
decision to debar or suspend the supplier if —
(a)
information that is materially relevant to the decision becomes available,
being information —
(i)
that was not available to the Department CEO or the
supplier at the time of the decision; and
(ii)
that could not have been obtained by the supplier with
reasonable endeavours;
or
(b) the
decision was made as a result of a conviction for an offence, or the
imposition of a penalty for other conduct, that has been quashed or
overturned; or
(c)
there has been a genuine change of management of the supplier since the
decision; or
(d)
there is any other change of circumstances that the Department CEO considers
appropriate to justify the reconsideration of the decision.
(2) On receipt of the
request, the Department CEO must reconsider the decision to debar or suspend
the supplier and may —
(a)
revoke or amend the debarment or suspension if satisfied it is in the public
interest to do so; or
(b)
refuse to revoke or amend the debarment or suspension.
(3) The Department CEO
must give the supplier notice of the Department CEO’s decision under
subregulation (2).
(4) A decision of the
Department CEO to refuse to revoke or amend the debarment or suspension is
prescribed for the purposes of section 34(b) of the Act.
Note for this subregulation:
Section 34 of the
Act gives a supplier the right to apply to the State Administrative Tribunal
to review a decision to debar the supplier or any other decision prescribed by
the regulations.