Western Australian Consolidated Acts

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YOUNG OFFENDERS ACT 1994 - SECT 169A

169A .         Investigation of an alleged incident at a detention centre

        (1)         The chief executive officer may authorise an internal investigation into an alleged incident in a detention centre.

        (2)         The chief executive officer may specify that an internal investigation may be carried out by a particular person, or a person who occupies a particular position or a position within a class of positions in the Department.

        (3)         An alleged incident may relate to a non-detainee as well as to a detainee.

        (4)         An authorised person may require a person who is appointed under section 11(1) or (1a) to — 

            (a)         attend an interview at a time nominated by the authorised person;

            (b)         provide all information known by that person that relates to the alleged incident; and

            (c)         declare any direct or indirect interest related to the alleged incident that the person has or acquires, that conflicts or may conflict with the person’s duties.

        (5)         A person who is appointed under section 11(1) or (1a), who does not comply with a requirement under subsection (4) commits an offence.

        Penalty: $500.

        (6)         Despite subsection (5), a person is not required, under the authority of this section, to provide any information or declare any interest that might tend to incriminate the person, and before any person is questioned under this section the authorised person must advise the person accordingly.

        (7)         In this section —

        authorised person means a person authorised to conduct an internal investigation into an alleged incident in a detention centre under subsection (2).

        [Section 169A inserted by No. 58 of 2004 s. 37.]



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