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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Young Offenders Legislation Amendment
(Research Information) Bill 2010
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Children's Court of Western
Australia Act 1988 amended
3. Act amended 3
4. Section 35 amended 3
5. Section 36 amended 3
6. Section 36AA inserted 3
36AA. Disclosure for certain research purposes 3
Part 3 -- Young Offenders Act 1994
amended
7. Act amended 6
8. Section 16 amended 6
181--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Young Offenders Legislation Amendment
(Research Information) Bill 2010
A Bill for
An Act to amend these Acts --
• the Children's Court of Western Australia Act 1988;
• the Young Offenders Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Young Offenders Legislation Amendment (Research Information) Bill 2010
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Young Offenders Legislation Amendment (Research
4 Information) Act 2010.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on the day after that day.
page 2
Young Offenders Legislation Amendment (Research Information) Bill 2010
Children's Court of Western Australia Act 1988 amended Part 2
s. 3
1 Part 2 -- Children's Court of Western Australia
2 Act 1988 amended
3 3. Act amended
4 This Part amends the Children's Court of Western Australia
5 Act 1988.
6 4. Section 35 amended
7 In section 35(3) delete "XXII, XXXI or XXXII" and insert:
8
9 XXII or XXXI
10
11 5. Section 36 amended
12 In section 36(1) after "child, or in accordance with" insert:
13
14 section 36AA(1) or
15
16 6. Section 36AA inserted
17 After section 36 insert:
18
19 36AA. Disclosure for certain research purposes
20 (1) Where --
21 (a) a charge against a child is dismissed by the
22 Court; or
23 (b) a child is convicted or found guilty of an
24 offence by the Court,
25 the fact of the dismissal, the conviction or finding of
26 guilt or any relevant order may be disclosed to a health
27 department officer for use in the research project.
page 3
Young Offenders Legislation Amendment (Research Information) Bill 2010
Part 2 Children's Court of Western Australia Act 1988 amended
s. 6
1 (2) In subsection (1) --
2 health department officer means a member of the
3 Public Service employed in the Department as defined
4 in the Health Act 1911 section 3(1);
5 research project means the project known as
6 "Developmental Pathways Project" conducted by the
7 Telethon Institute for Child Health Research.
8 (3) Information may be disclosed under subsection (1) --
9 (a) even if the disclosure is in a manner which
10 identifies or is likely to lead to the
11 identification of the child; and
12 (b) despite any written law relating to
13 confidentiality or secrecy.
14 (4) The chief executive officer of the department of the
15 Public Service principally assisting in the
16 administration of this Act must establish procedures for
17 the disclosure of information under subsection (1).
18 (5) The regulations may include provisions about --
19 (a) the receipt and storage of information disclosed
20 under this section; and
21 (b) the restriction of access to such information.
22 (6) If information is disclosed, in good faith, under
23 subsection (1) --
24 (a) no civil or criminal liability, or liability to be
25 punished for a contempt of court, is incurred in
26 respect of the disclosure; and
27 (b) the disclosure is not to be regarded as a breach
28 of any duty of confidentiality or secrecy
29 imposed by law; and
page 4
Young Offenders Legislation Amendment (Research Information) Bill 2010
Children's Court of Western Australia Act 1988 amended Part 2
s. 6
1 (c) the disclosure is not to be regarded as a breach
2 of professional ethics or standards or as
3 unprofessional conduct.
4
page 5
Young Offenders Legislation Amendment (Research Information) Bill 2010
Part 3 Young Offenders Act 1994 amended
s. 7
1 Part 3 -- Young Offenders Act 1994 amended
2 7. Act amended
3 This Part amends the Young Offenders Act 1994.
4 8. Section 16 amended
5 In section 16(1) in the definition of research delete "services."
6 and insert:
7
8 services and includes research for the purposes of the
9 project known as "Developmental Pathways Project"
10 conducted by the Telethon Institute for Child Health
11 Research.
12
13
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