Young Offenders Act 1994

If, having considered any new evidence, the chief executive officer revokes the removal under section 11CF(1) —

the chief executive officer must give the WAIRC notice of the revocation; and

the hearing of the appeal is discontinued when the WAIRC receives the notice.

If the chief executive officer does not give notice under subsection (1), the hearing of the appeal must continue but the chief executive officer may —

reformulate his or her reasons for not having confidence in the appellant’s suitability to continue as a custodial officer; and

without the leave of the WAIRC, tender new evidence under this section in response to the new evidence tendered by the appellant.

Reasons reformulated under subsection (2)(a) may differ from, or be additional to, the reasons given to the appellant in the decision notice.

If the chief executive officer reformulates reasons under subsection (2)(a) —

the chief executive officer must give the WAIRC and the appellant notice in writing of the reasons before the resumption of the hearing of the appeal; and

the WAIRC must consider the reasons as if they had been reasons given to the appellant in the decision notice.