Western Australian Numbered Acts Western Australian Numbered Acts (1) A person to whom a
negative notice has been issued may apply to the CEO for the notice to be
cancelled.
(2) The application
cannot be made sooner than 3 years after —
(a) the
negative notice was issued; or
(b) if
the person has previously applied under this section — the most
recent previous application.
(3)
Subsection (2) does not apply if —
(a) a
Class 1 offence or a Class 2 offence with which the person was charged when
the negative notice was issued, or the previous application was made, is later
disposed of by a court otherwise than by way of a conviction; or
(b) any
offence of which the person was convicted when the negative notice was issued,
or the previous application was made, is later quashed or set aside on appeal.
(4)
Subsection (2)(a) does not apply if the negative notice was issued under
section 18.
(5) The application is
to be —
(a) in
the approved form;
(b)
signed by the applicant; and
(c)
accompanied by the fee prescribed by the regulations.
(6) The approved form
is to include provision for identifying information to be given about the
applicant.
(7) The person may, in
the application, state any information or make any submission that relates
to —
(a) the
person’s suitability to carry out child-related work; or
(b) any
change in the person’s circumstances,
unless the person has
previously stated that information or made that submission in or in respect of
an application under this Act.
(8) Section 12(2)
to (8) apply to the application as if —
(a) the
application were an application for an assessment notice;
(b) a
reference in those provisions to issuing an assessment notice were a reference
to granting the application; and
(c) a
reference in those provisions to issuing a negative notice were a reference to
refusing the application.
(9) If the CEO grants
the application, the CEO —
(a) is
to cancel the negative notice and give written notice to the applicant
accordingly; and
(b) if
the person so requests — is to issue an assessment notice to the
person.
(10) If the CEO
refuses the application, the CEO is to give the person a written notice
that —
(a)
states the reasons for the CEO’s decision on the application;
(b)
states that the person may apply to the State Administrative Tribunal, within
28 days after the date of the notice, to have the decision reviewed; and
(c)
explains how the application for the review is made.