Western Australian Current Acts Western Australian Current Acts (1) In this section
—
application means an application made under
section 50(1) or 52(3).
(2) On receiving an
application the Chief Assessor must ensure that —
(a)
notice of the application is served on the offender; and
(b) the
CEO and the offender are served with notice of —
(i)
the time and place of the hearing of the application; and
(ii)
the matters listed in section 52(2) that will be
considered at the hearing; and
(iii)
their entitlements under subsection (3).
(3) A person who is
notified of the hearing is entitled —
(a) to
give the assessor, before the hearing, a written submission about any matter
relevant to the making of a compensation reimbursement order; and
(b) to
appear at the hearing and be heard by the assessor dealing with the
application; and
(c) to
appear in person or to be represented by a legal practitioner, or by a person
approved by the assessor; and
(d) to
present evidence and to call, examine and re-examine witnesses and to
cross-examine any witness not called by that person.
(4) Section 63 applies
for the purposes of conducting the hearing.
(5) The hearing must
be conducted in private unless the assessor decides that it should be
conducted in public.
(6) If a hearing is
conducted in private, the assessor may exclude any person who the assessor
does not intend to hear.
(7) At the hearing an
assessor may inquire into —
(a) the
matters listed in section 52(2); and
(b) any
other matters that the assessor thinks are relevant to the application.
[Section 51 amended: No. 21 of 2008 s. 655(3).]