Young Offenders Legislation Amendment (Research Information) Act 2011 (WA)

Western Australia

Young Offenders Legislation Amendment

(Research Information) Act 2011

Western Australia

Young Offenders Legislation Amendment

(Research Information) Act 2011

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

Western Australia

Young Offenders Legislation Amendment

(Research Information) Act 2011

No. 26 of 2011

An Act to amend these Acts —

• the Children’s Court of Western Australia Act 1988;

• the Young Offenders Act 1994.

[Assented to 11 July 2011]

The Parliament of Western Australia enacts as follows:

Young Offenders Legislation Amendment (Research Information) Act 2011

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1.             Short title

This is the Young Offenders Legislation Amendment (Research

Information) Act 2011.

2.             Commencement

This Act comes into operation as follows —

1.      Part 1 — on the day on which this Act receives the Royal Assent;

1.      the rest of the Act — on the day after that day.

Young Offenders Legislation Amendment (Research Information) Act 2011

Children’s Court of Western Australia Act 1988 amended Part 2

s. 3

Part 2 — Children’s Court of Western Australia

Act 1988 amended

3.             Act amended

This Part amends the Children’s Court of Western Australia

Act 1988.

4.             Section 35 amended

In section 35(3) delete “XXII, XXXI or XXXII” and insert:

XXII or XXXI

5.             Section 36 amended

In section 36(1) after “child, or in accordance with” insert:

section 36AA(1) or

6.             Section 36AA inserted

After section 36 insert:

36AA. Disclosure for certain research purposes

(1) Where —

(a)	a charge against a child is dismissed by the Court; or
(b)	a child is convicted or found guilty of an offence by the Court,

the fact of the dismissal, the conviction or finding of

guilt or any relevant order may be disclosed to a health

department officer for use in the research project.

Young Offenders Legislation Amendment (Research Information) Act 2011

Part 2	Children’s Court of Western Australia Act 1988 amended
s. 6

(2)

In subsection (1) —

health department officer means a member of the

Public Service employed in the Department as defined

in the Health Act 1911 section 3(1);

research project means the project known as

“Developmental Pathways Project” conducted by the

Telethon Institute for Child Health Research.

(3)

Information may be disclosed under subsection (1) —

(a)	even if the disclosure is in a manner which identifies or is likely to lead to the identification of the child; and
(b)	despite any written law relating to confidentiality or secrecy.

(4)

The chief executive officer of the department of the

Public Service principally assisting in the

administration of this Act must establish procedures for

the disclosure of information under subsection (1).

(5)

The regulations may include provisions about —

(a)	the receipt and storage of information disclosed under this section; and
(b)	the restriction of access to such information.

(6)

If information is disclosed, in good faith, under

subsection (1) —

(a)	no civil or criminal liability, or liability to be punished for a contempt of court, is incurred in respect of the disclosure; and
(b)	the disclosure is not to be regarded as a breach of any duty of confidentiality or secrecy imposed by law; and

Young Offenders Legislation Amendment (Research Information) Act 2011

Children’s Court of Western Australia Act 1988 amended Part 2

s. 6

(c) the disclosure is not to be regarded as a breach of professional ethics or standards or as unprofessional conduct.

Young Offenders Legislation Amendment (Research Information) Act 2011

Part 3	Young Offenders Act 1994 amended
s. 7

Part 3 — Young Offenders Act 1994 amended

7.             Act amended

This Part amends the Young Offenders Act 1994.

8.             Section 16 amended

In section 16(1) in the definition of research delete “services.”

and insert:

services and includes research for the purposes of the project known as “Developmental Pathways Project” conducted by the Telethon Institute for Child Health Research.