Western Australian Repealed Acts

This legislation has been repealed.

CHILD WELFARE ACT 1947 - SECT 9B

9B .         Review of decision of delegate

        (1)         Where a person makes a decision in relation to a child pursuant to a power conferred on the Minister under a provision specified in subsection (6) and delegated to that person under section 9A —

            (a)         the child, if he has attained the age of 14 years;

            (b)         a parent or, where the Director-General is not the guardian, the guardian, of the child;

            (c)         any other person standing in loco parentis to the child; or

            (d)         any other person who satisfies the Minister that his paramount interest in the matter is the welfare of the child,

                may request the Minister to review the decision and the Minister shall, on receiving such request, or in any case may of his own motion, review the decision and thereupon confirm, vary, or reverse the decision.

        (2)         A person making a decision in respect of which a right to request a review is conferred by subsection (1) shall give to each person on whom a right to request a review is conferred by paragraph (a), (b), or (c) of that subsection whose whereabouts are known to, or can be ascertained by reasonable inquiry by, the delegate notice in writing of the right to request a review so conferred.

        (3)         The notice required by subsection (2) to be given to a person may be given —

            (a)         by delivering it to him personally;

            (b)         by leaving it for him at his usual or last known place of abode, or, if he is a principal of a business, at his usual or last known place of business; or

            (c)         by posting the notice (under pre-paid post) as a letter addressed to him at a place referred to in paragraph (b).

        (4)         Nothing in this section prejudices any right of appeal that a person may have, but where the right of appeal is exercisable in respect of a decision made pursuant to a power conferred on the Minister under a provision specified in subsection (6) and delegated under section 9A it shall not be exercised until any right to request a review of the decision under this section has been exhausted.

        (5)         Where upon a review of the decision under this section the Minister varies or reverses a decision made pursuant to a power delegated under section 9A the validity of anything done for the purposes of or pursuant to the decision is not affected, but the Minister may direct that such measures be taken in relation to anything so done as in the circumstances he thinks fit and effect shall be given to any such direction.

        (6)         The provisions in respect of which subsection (1) applies are sections 47, 47A, 47B, 47C, 49, 66A and 66B.

        [Section 9B inserted by No. 57 of 1982 s. 6; amended by No. 121 of 1984 s. 18; No. 31 of 1993 s. 15; No. 57 of 1997 s. 30(3).]