Western Australian Numbered Acts

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WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004 (NO. 65 OF 2004) - SECT 38

38 .         CEO may disclose to certain bodies information about issue of negative notices and interim negative notices

        (1)         In this section —

        “Department” means the department of the Public Service principally assisting the Minister in the administration of the Children and Community Services Act 2004 ;

        “public authority” means —

            (a)         a department of the Public Service; or

            (b)         a body, whether incorporated or not, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State.

        (2)         If the CEO considers that it is in the public interest to do so, the CEO may give written notice to a public authority prescribed by the regulations that a negative notice or an interim negative notice has been issued to a person.

        (3)         The CEO may give written notice to the chief executive officer of the Department that a negative notice or an interim negative notice has been issued to a person if the CEO reasonably believes that the person —

            (a)         holds a licence under the Children and Community Services Act 2004 Part 8; or

            (b)         is a nominated supervising officer, a supervising officer or a managerial officer, as defined in section 197 of that Act.

        (4)         If —

            (a)         the CEO has given notice in relation to a person under subsection (2) or (3); and

            (b)         subsequently —

                  (i)         if that notice related to the issue of a negative notice to the person — the negative notice is cancelled; or

                  (ii)         an assessment notice is issued to the person,

                the CEO is to give written notice of that fact to the public authority or the chief executive officer of the Department, as the case requires.



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