Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Instead of making
an allegation to the State Administrative Tribunal under regulation 31,
if the Director —
(a) is
satisfied that the matter may be disposed of satisfactorily without cancelling
or suspending the licence or permit of the person; and
(b) has
afforded to the person concerned the opportunity of giving an explanation to
the Director either in person or in writing and has not been offered an
explanation or is not satisfied by any explanation offered; and
(c) has
afforded to the person concerned the option of the matter proceeding before
the Tribunal and that option has not been taken up,
the Director may do
one or more of the following —
(d) if
the person is a nominee — by order cancel the nomination of that
person;
(e) by
order impose any restriction or condition on the authority conferred by the
licence or permit held by that person or vary any restriction or condition to
which the licence or permit is already subject;
(f) by
order require that person to complete successfully a specified educational or
training course of study;
(g) by
order require that person to undergo a specified theoretical or practical
assessment, examination or trade test;
(h)
censure that person;
(i)
where an offence is disclosed — institute
proceedings against that person in respect of that offence.
(2) Before deciding
whether a matter may be disposed of satisfactorily without cancelling or
suspending the licence or permit of the person, the Director may request the
Board to give the Director advice on that matter and the Board is to comply
with that request.
(3) If a person
chooses to give the Director an explanation referred to in
subregulation (1)(b) in person, the explanation may be given that way
by —
(a) the
person; or
(b) a
legal practitioner or other representative of the person.
(4) An order under
subregulation (1)(e), (f) or (g) has effect according to its tenor.
(5) Where any
restriction or condition on the authority conferred by a licence or permit is
imposed or varied under subregulation (1)(e), the Board may order the
return of the licence or permit document for endorsement and may endorse the
licence or permit document accordingly.
(6) An order made by
the Director under this regulation is to be reduced to writing signed by the
Director and a copy of the order given to the person against whom it is made.
[Regulation 31A inserted in Gazette
30 Dec 2004 p. 6992‑3; amended in Gazette
31 Dec 2007 p. 6538.]