Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 6(3)]
Provisions relating to application under section 6(1)
(1) An application under section 6(1) shall
be in writing and shall set out —
(a) all
previous convictions, whether incurred in Western Australia or elsewhere;
(b) the
employment history of the applicant since the date of the conviction in
respect of which the application is being made;
(c) such
other matters as may be prescribed.
(2) The judge may, by
notice in writing given to the applicant, require the applicant to give
further information in relation to the application.
(3) An application may
be made in respect of more than one conviction.
2 . Parties to the application
(1) The Commissioner of Police is a
party to the application, and —
(a)
shall be served with a copy of the application;
(b) may
appear at any hearing or be represented by any person authorised by him;
(c) may
make submissions on the application, or on any incidental matter.
(2) The Attorney
General may intervene in the application, and where he does
so —
(a) he
may appear or be represented at any hearing; and
(b) may
make submissions on the application or on any incidental matter.
(1)
The hearing shall be in private
unless —
(a) the
applicant requests that the hearing be in public; or
(b) the
judge considers that, in the circumstances of the case, the hearing should be
in public.
(2) Where the hearing
is in private the judge may give directions, in writing or otherwise, as to
who may be present.
(3) Where the hearing
is in public the judge may order that there shall not be published by any
means any particulars likely to lead to the identification of the applicant.
(4) A person shall,
unless he has lawful excuse, comply with an order made under
subclause (3).
Penalty: $1 000.
4 . Rules of evidence not to apply
In determining an application, the
judge shall not be bound by the rules of evidence, but may inform himself on
any matter in such manner as he thinks fit.
5 .
Powers of judge and officers
Subject to this Act,
the judge and the officers of the District Court may exercise the powers and
authorities vested in them in respect of the civil jurisdiction of that court
so far as is necessary or expedient for the hearing and determination of
applications under section 6(1).
A witness in
proceedings before the judge has the same privileges and protection and is
subject to the same liabilities as a witness in civil proceedings before the
District Court.
7 .
Alternatives to holding a hearing
The judge
may —
(a) if
satisfied that an application is vexatious, misconceived or lacking in
substance, refuse to make an order under section 6(1) without holding a
hearing;
(b) if
satisfied that it is appropriate to do so, make an order under that section
without holding a hearing.
(1) Except as provided
by subclause (2), each party to an application shall bear his own costs.
(2) Where the
judge —
(a)
refuses to make an order as mentioned in clause 7(a); or
(b) is
of the opinion that the circumstances justify doing so,
the judge may award
such costs as the judge thinks fit.
(3) Costs awarded
under subclause (2) may be registered as a judgment debt in a court of
competent jurisdiction.
9 .
Copy of order to be furnished
Where the judge makes
an order declaring that a conviction is spent, a copy of the order shall, as
soon as practicable, be sent to —
(a) the
applicant together with notice in the form referred to in section 33(2);
and
(b) the
Commissioner of Police.