Western Australian Numbered Acts Western Australian Numbered Acts (1) A person who is
aggrieved by the fact that a protected forensic area
is established (the "aggrieved person") may apply to the Magistrates Court to
review the grounds for the continued establishment of the area.
(2) The application
must be made in accordance with rules of court.
(3) On an application
made under subsection (1) an officer involved in the investigation of the
offence to which the protected forensic area relates
(the "investigating officer") and the aggrieved person are entitled to be
heard.
(4) On such an
application the investigating officer may apply to the court for an order that
information given to the court that is relevant to the continued establishment
of the area not be disclosed to the aggrieved person.
(5) An application
under subsection (4) may be made without notice to the aggrieved person
and may be heard and decided in private and in the absence of the person.
(6) On an application
made under subsection (4), the court must not make an order restricting
the disclosure of information unless satisfied the disclosure might prejudice
the safety of any person or the investigation of an offence to which the
protected forensic area relates.
(7) On an application
made under subsection (1) the court may make any orders it thinks fit
including —
(a) an
order as to the period for which the protected forensic area may continue to
be established;
(b) an
order to mitigate any inconvenience caused by the protected forensic area;
(c) if
the court is satisfied that the protected forensic area should not continue,
an order that it be disestablished.
(8) Proceedings under
this section may be conducted by remote communication.