Western Australian Consolidated Acts

WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004 - SECT 13

13 .         Intended issue of negative notice, CEO to notify applicant of etc.; interim negative notices, issue of

        (1)         If the CEO proposes or is required to decide an application under section 12 by issuing a negative notice to the applicant —

            (a)         the CEO is to give the applicant a written notice that —

                  (i)         informs the applicant of the proposal or requirement; and

                  (ii)         states the information about the applicant’s criminal record of which the CEO is aware; and

                  (iii)         invites the applicant to make a submission to the CEO, in writing or in another form approved by the CEO, within a specified time about the information and about the applicant’s suitability to be issued with an assessment notice;

                and

            (b)         the CEO may issue an interim negative notice to the applicant.

        (2)         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 an interim negative notice to the applicant.

        (3)         If the CEO —

            (a)         issues an interim negative notice to the applicant; and

            (b)         is aware that the 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.

        (4)         An interim negative notice has effect until the CEO decides the application and issues a negative notice or an assessment notice to the applicant.

        (5)         If the information specified in a notice under subsection (1) about an applicant’s criminal record includes 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 applicant may make a submission to the CEO under this section only if the applicant reasonably believes that the applicant’s criminal record does not include that conviction.

        (6)         The specified time referred to in subsection (1)(a)(iii) is to be reasonable and, in any case, at least 28 days after the CEO gives the applicant the notice.

        (7)         Before deciding the application, the CEO is to consider any submission made by the applicant within the specified time.

        [Section 13 amended by No. 7 of 2010 s. 8.]