Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to the
provisions of subsection (2), where the Board or the State Administrative
Tribunal causes or orders the removal of the name of any person from the
Register, the name of that person shall not again be entered therein except by
order of the State Administrative Tribunal upon application for review or by
the direction of the Board.
(2) The Board cannot
direct that the name of a person be again entered in the Register if the State
Administrative Tribunal ordered the removal of the person’s name from
the Register but otherwise may direct the Registrar in any case where the
circumstances appear to the Board to warrant it, to restore to the Register
any name removed therefrom without payment of a fee or on payment of such fee,
not exceeding the fee payable on registration, as the Board directs.
[(3) deleted]
(4) A person whose
name has been removed from the Register or whose registration is suspended may
apply to the Board for the restoration of the name of that person to the
Register or for the order for suspension to be varied —
(a) if
the name of that person was so removed or the registration was suspended by
reason of —
(i)
conviction of an offence; or
(ii)
a determination of an authority outside the State,
after the expiration
of 12 months from the date of the order concerned or of a previous such
application whichever is the later; and
(b) in
any other case, at any time.
(4a) An application
under subsection (4) cannot be made without first applying for and
obtaining the leave of the State Administrative Tribunal if the person’s
name was removed or the suspension was imposed as a result of a proceeding
before the State Administrative Tribunal commenced by an allegation under
section 23.
(5) The provisions of
this Act relating to the making and consideration of applications for
registration apply, with such modification as is necessary, to an application
made to the Board under this section.
[Section 24 amended by No. 45 of 1977
s. 18; No. 8 of 1984 s. 17; No. 55 of 2004 s. 1282; No. 8 of
2009 s. 129.]
[Heading inserted by No. 45 of 1977 s. 19.]