Young Offenders Act 1994

New evidence cannot be tendered to the WAIRC during a hearing of an appeal unless the WAIRC grants leave under subsection (2) or (3).

The WAIRC may grant the chief executive officer leave to tender new evidence if —

the appellant consents; or

it is satisfied that it is in the interests of justice to do so.

The WAIRC may grant the appellant leave to tender new evidence if —

the chief executive officer consents; or

the WAIRC is satisfied that —

the appellant is likely to be able to use the new evidence to show that the chief executive officer has acted upon wrong or mistaken information; or

the new evidence might materially have affected the chief executive officer’s removal decision; or

it is in the interests of justice to do so.

In the exercise of its discretion under subsection (3), the WAIRC must have regard to —

whether or not the appellant was aware of the substance of the new evidence before the appellant’s removal; and

whether or not the substance of the new evidence was contained in a document to which the appellant had reasonable access before the appellant’s removal.