Western Australian Current Regulations Western Australian Current Regulations (1) A strata manager
must make a statement (a criminal record statement ) and provide a copy of the
statement to any strata company that authorises the strata manager to perform
scheme functions before entering into a strata management contract with the
strata company.
(2) In the criminal
record statement, the strata manager must —
(a)
declare that the strata manager has obtained the national criminal record
checks that the strata manager is required to obtain under regulation 92;
and
(b)
declare that each of those national criminal record checks is less than
3 years old; and
(c) if a
national criminal record check has revealed that a person has been convicted
of a property or dishonesty offence, disclose particulars of the conviction in
accordance with subregulation (5); and
(d)
declare that the national criminal record checks obtained by the strata
manager do not reveal any convictions for property or dishonesty offences,
other than those (if any) that have been disclosed by the strata manager.
(3) A criminal record
statement must be in the form of a statutory declaration made by the strata
manager or, if the strata manager is a body corporate, by a director of the
strata manager, in accordance with the Oaths, Affidavits and Statutory
Declarations Act 2005 section 12.
(4) For the purposes
of section 145(1)(k), a strata management contract must provide for the
following —
(a) the
strata manager warrants that the strata manager will obtain national criminal
record checks when required by regulation 92; and
(b) the
strata manager must notify the strata company, in writing, as soon as
practicable if the strata manager becomes aware that the strata manager or a
person in relation to whom the strata manager is required to obtain a national
criminal record check has been convicted of a property or dishonesty offence
and disclose particulars of the conviction in accordance with
subregulation (5).
(5) A strata manager
who is required to disclose particulars of a conviction for a property or
dishonesty offence must disclose to the strata company —
(a) the
identity of the person convicted; and
(b) the
role of the person in the business of the strata manager; and
(c)
particulars of the offence or offences concerned.
(6) This regulation
does not apply to a volunteer strata manager or to a strata management
contract that is a volunteer agreement with a volunteer strata manager.