Western Australian Numbered Acts Western Australian Numbered Acts (1) The CEO is to
decide an application under section 9 or 10 in accordance with this
section —
(a) by
issuing an assessment notice to the applicant; or
(b) by
issuing a negative notice to the applicant.
(2) The CEO is not to
decide the application unless the CEO has made a criminal record check in
respect of the applicant.
(3) If the CEO is not
aware of —
(a) any
offence of which the applicant has been convicted; or
(b) any
offence (other than an offence that is neither a Class 1 offence nor a
Class 2 offence) with which the applicant has been charged,
the CEO is to issue an
assessment notice to the applicant.
(4) If the
CEO —
(a) is
not aware of any offence of which the applicant has been convicted; and
(b) is
aware that the applicant has a non-conviction charge in respect of a Class 1
offence or a Class 2 offence,
the CEO is to issue an
assessment notice to the applicant unless the CEO is satisfied that, because
of the particular circumstances of the case, a negative notice should be
issued to the applicant.
(5) If the CEO is
aware of an offence (other than a Class 1 offence or a Class 2 offence) of
which the applicant has been convicted, the CEO is to issue an assessment
notice to the applicant unless the CEO is satisfied that, because of the
particular circumstances of the case, a negative notice should be issued to
the applicant.
(6) If the
CEO —
(a) is
aware of a Class 1 offence (committed by the applicant when a child) of which
the applicant has been convicted;
(b) is
aware of a Class 2 offence of which the applicant has been convicted; or
(c) is
aware that the applicant has a pending charge in respect of a Class 1 offence
or a Class 2 offence,
the CEO is to issue a
negative notice to the applicant unless the CEO is satisfied that, because of
the exceptional circumstances of the case, an assessment notice should be
issued to the applicant.
(7) If the CEO is
aware of a Class 1 offence (other than a Class 1 offence committed by the
applicant when a child) of which the applicant has been convicted, the CEO is
to issue a negative notice to the applicant.
(8) If
subsection (4), (5) or (6) applies in respect of an offence,
the CEO is to decide whether he or she is satisfied in relation to the
particular or exceptional circumstances of the case having regard
to —
(a) the
best interests of children;
(b) when
the offence was committed or is alleged to have been committed;
(c) the
age of the applicant when the offence was committed or is alleged to have been
committed;
(d) the
nature of the offence and any relevance it has to child-related work;
(e) any
information given by the applicant in, or in relation to, the application;
(f)
anything else that the CEO reasonably considers relevant to the decision.
(9) On deciding the
application —
(a) the
CEO is to issue the assessment notice or the negative notice, as the case
requires, to the applicant; and
(b) if
the CEO is aware that that applicant is, or is proposed to be, employed in
child-related employment by another person — the CEO is to give a
copy of the notice to the other person.
(10) When a negative
notice is issued to an applicant, the CEO is to provide with it a written
notice that —
(a)
states the reasons for the CEO’s decision on the application;
(b)
states that the applicant may apply to the State Administrative Tribunal,
within 28 days after the date of the negative notice, to have the
decision reviewed; and
(c)
explains how the application for the review is made.