state administrative tribunal annual report 2011-2012

Annual Report 2011-2012State Administrative Tribunal

2 PRESIDENT’S REPORT

4 ABOUT THE TRIBUNAL

5 ORGANISATIONAL STRUCTURE

6 YEAR AT A GLANCE

9 TRIBUNAL STREAMS9 Commercial and Civil11 Development and Resources14 Human Rights16 Vocational Regulation

18 COMMUNITY RELATIONS

19 FUTURE REFORMS AND INITIATIVES

21 ADDITIONAL INFORMATION21 Arrangements with other agencies21 Arrangements with the Parliamentary

Commissioner under Section 16821 Levels of compliance by decision makers

22 ADMINISTRATIVE SUMMARY

23 APPENDICES23 Appendix 1 - Legislation defining our jurisdiction27 Appendix 2 - Stream applications by Act32 Appendix 3 - Member activities and publications35 Appendix 4 - Judicial and full time ordinary

members36 Appendix 5 - Sessional members38 Appendix 6 - Tribunal pamphlets

TABLES6 Table 1 - Overview of matters received and

finalised6 Table 2 - Number of applications received by

stream6 Table 3 - Our people6 Table 4 - Operating expenditure7 Table 5 - Benchmark performance indicators

(in weeks)10 Table 6 - CC benchmark performance12 Table 7 - DR benchmark performance14 Table 8 - HR benchmark performance17 Table 9 - VR benchmark performance18 Table 10 - List of electronic correspondence23 Table 11 - List of enabling legislation27 Table 12 - Stream appliclations by Act32 Table 13 - Member activities34 Table 14 - Members’ publications35 Table 15 - Judicial and full time members36 Table 16 - Sessional members – senior37 Table 17 - Sessional members – ordinary38 Table 18 - Tribunal pamphlets

GRAPHS6 Graph 1 - Applications received by streams9 Graph 2 - CC applications finalised by type9 Graph 3 - CC workload11 Graph 4 - DR finalised by subject12 Graph 5 - DR workload14 Graph 6 - HR workload16 Graph 7 - HR applications finalised by type16 Graph 8 - VR workload17 Graph 9 - VR applications finalised by type

CONTENTS

2 STATE ADMINISTRATIVE TRIBUNAL WESTERN AUSTRALIA AnnuAl RepoRt 2011-2012

PRESIDENT’S REPORT

The year has been a busy one. Much of the focus of the efforts of both administrative staff and members has been in meeting the demands in two areas of the Tribunal’s jurisdiction, namely the guardianship and administration area and the building disputes area.

The reporting year saw yet another substantial increase of slightly over 20% in lodgements in the human rights stream. The increase was principally in the area of guardianship and administration. Previous budget submissions for increased staffing resources to cope with the very substantial increases in this area of the Tribunal’s jurisdiction have been unsuccessful. In my last annual report, I advised that, in order to relieve the excessive burden on administrative staff, attempts were to be made during the current reporting period to reallocate existing personnel within the Tribunal to the guardianship area. Those attempts have been successful, and three FTE positions were reallocated. While the loss of FTE positions in other areas of the Tribunal’s operation inevitably places additional stresses on staff in those other areas, I am pleased to report that the changes have received excellent support within the organisation, and gaps have been filled by extra effort from those affected.

As well as moving staff into the guardianship area, a number of full time members from other streams have made themselves available to undertake guardianship work. This has relieved some pressure on the full time HR stream members, and enabled the Tribunal to stay within its budget for the use of sessional members.

These changes have assisted in acquitting the workload in guardianship but as predicted in the annual reports, it has not been possible to maintain the Tribunal’s longstanding timeliness benchmark of completing 80% of all guardianship and administration matters within 8 weeks of lodgement. A review of the Tribunal’s procedures in relation to guardianship matters is ongoing with a view to better addressing the increased workload in a way which does not reduce the service to the public which the Tribunal has provided to date.

On a positive note, a focus on closer case management within the equal opportunity jurisdiction as seen improvements in the clearance rate for matters in that area, notwithstanding a reasonably significant increase in the number of referrals from the Commissioner for Equal Opportunity.

The coming into operation of the suite of legislation creating a new regulatory regime for the building industry saw the Tribunal assuming jurisdiction in relation to the resolution of building disputes as of 29 August. As I reported in last year’s annual report, the Tribunal has been provided with additional resources, both in full time members and in administrative staff, in anticipation of the significant workload within that new jurisdiction. A great deal of effort went into ensuring that the new jurisdiction was dealt with in keeping with the Tribunal’s statutory objectives of speed, informality, minimising costs and achieving fair outcomes. I am pleased to report that those efforts were substantially

I am pleased to provide this report on the activities of the tribunal during the year ended 30 June 2012 in accordance with the requirements of section 150 (1) of the State Administrative Tribunal Act 2004 (WA).

STATE ADMINISTRATIVE TRIBUNAL WESTERN AUSTRALIA AnnuAl RepoRt 2011-2012 3

PRESIDENT’S REPORTpReSIDent’S RepoRt

successful. The initial influx of over 200 matters in August, many of which had been lodged with the former Builders Registration Board many months (and sometimes years) earlier, was dealt with by holding an early directions hearing in every matter. The Tribunal’s active case management and facilitated dispute resolution practices saw many of those matters resolved very quickly, and those which could not be resolved were listed for hearing on the first available date. As a result, by the end of October 2011, all of the initial matters referred to the Tribunal were either resolved or were listed for hearing later in 2011 or early in 2012. I would especially like to acknowledge the tireless work of senior members Clive Raymond and Maurice Spillane, who led the way and worked very hard to bed down the new jurisdiction. Senior Member Raymond, in particular, has played a very significant role in discussions and negotiations on behalf of the Tribunal over several years leading up to the introduction of the new building jurisdiction, and I am very grateful for that assistance.

After allowing for the 562 new applications during the reporting year resulting from the assumption of the building jurisdiction, the work in the other areas of jurisdiction within the Commercial and Civil Stream remained relatively steady when compared to the previous year.

The development and resources stream saw an increase of around 7% of applications during the year. Notwithstanding the increase, the stream continued to maintain much the same levels of timeliness and clearance rates as in previous years.

The number of lodgements in the vocational regulation stream dropped by approximately 20% from the previous year. The explanation for that is not clear, but the most substantial reductions in individual vocations appears to have occurred in those areas which have undergone regulatory change, either during or shortly before the 2011-2012 period. In particular there were reductions in vocational matters concerning builders, health professionals and real estate agents. It will be of interest to see whether, as the new regulatory regimes become more firmly established, numbers of matters in those areas will resume earlier levels.

During the year, the Executive Officer, Mark Street, and his team of managers, have continued to engage the staff in developing and improving the working environment within the Tribunal. Feedback from staff has been very positive. The Tribunal continues to be focused on the provision of a high level of service to the public of Western Australia. I’m very grateful for the dedication of staff and members to the achievement of that goal.

The Hon. Justice John ChaneypresidentState Administrative tribunal Western Australia


ABOUT THE TRIBUNAL

The Tribunal is established under the State Administrative Tribunal Act 2004 (SAT Act) and commenced operations on 1 January 2005.

The Tribunal consists of judicial and non-judicial members with a wide range of skills and qualifications. The President of the Tribunal is a Supreme Court judge and judges of the District Court serve as Deputy Presidents. Non-judicial members are generally aligned to particular streams of the Tribunal depending upon their specialist areas of expertise. This enables the Tribunal to deal with a broad range of matters conferred upon it by the 164 enabling Acts and Regulations. Members are appointed to the Tribunal by the Governor on the recommendation of the Attorney General for a period of up to five years.

Individuals, businesses, public officials and vocational regulatory bodies can bring before the Tribunal many different types of matters that are managed within four streams:

• CommercialandCivil;• DevelopmentandResources;• HumanRights;and• VocationalRegulation.

This division of matters enables procedures to be adapted to suit the type of matter and the needs of different people who use the Tribunal.

Vision, objectives and values

The Tribunal’s vision is to be one of Australasia’s leading tribunals that adopts best practice and innovative technology in making fair and timely decisions for the benefit of the people of the State of Western Australia.

The objectives of the Tribunal set out in Section 9 of the SAT Act are:

• Toachievetheresolutionofquestions,complaintsor disputes, and make or review decisions, fairly andaccordingtothesubstantialmeritsofthecase;

•Toactasspeedilyandwithaslittleformalityandtechnicality as is practicable, and minimise the coststoparties;and

•Tomakeappropriateuseoftheknowledgeandexperience of Tribunal members.

In meeting these objectives, the Tribunal:

• Aimstomakethecorrectandpreferabledecisionbasedonthemeritsofeachapplication;

•Isnotacourtandstrictrulesofevidencedonotapply;

•Encouragestheresolutionofdisputesthroughmediation;

•Allowspartiestoberepresentedbyalawyerorapersonwithrelevantexperience,orbythemselves;

•Holdshearingsinpublicinmostcases;and

•Givesreasonsforalldecisionsandpublisheswritten reasons for decisions on its website.

the tribunal’s core values are:

• ExcellentService;• IntegrityandAccountability;• EquityandFairness;• CollaborationandLearning;and• ProfessionalAutonomy.

Behaviours are guided by:

• Members’andstaffCodesofConduct;•Continuingprofessionaldevelopment;•Acommitmenttodiversity;•Providingallreasonableassistance;•Offeringsustainableservices;and•Acommitmenttoasafeworkplace.

PRESIDENTHon. Justice John Chaney

DEPUTY PRESIDENTHon. David Parry

DEPUTY PRESIDENTHon. Tim Sharp

EXECUTIVE OFFICERMark Street

Senior Members

ordinary Members

Business Services

Human Rights

Commercial Civil/

Development & Resources/ Vocational Regulation

Community Relations

ORGANISATIONAL STRUCTURE

STATE ADMINISTRATIVE TRIBUNAL WESTERN AUSTRALIA AnnuAl RepoRt 2011/2012 5


YEAR AT A GLANCE

2009/10 2010/11 2011/12

Received *6,242 *6,320 7,667

Finalised 6,242 6,319 7,240

Pending 998 1,006 1,512

TABLE 1 overview of matters received and finalised

GRAPH 1 Applications received by streams

Applications received 2009/10 2010/11 2011/12

Commercial and Civil 1,933 31% 1,811 29% 2,334 30% Stream

Development and 444 7% 449 7% 511 7% Resources Stream

Human Rights 3,602 58% 3,808 60% 4,616 60% Stream

Vocational Regulation 260 4% 251 4% 205 3% Stream

SAT (Applications 3 - 1 - 1 - under the SAT Act)

Tribunal 6,242 6,320 7,667 21%

TABLE 2 number of applications received by stream

2009/10 2010/11 2011/12

Judicial members 3 3 3

Full time members 14 17 17

Tribunal employees *69 *71 75

Sessional members 73 96 95

TABLE 3 our people

2009/10 2010/11 2011/12 % $ $ $ change*

Budget 16,629,912 16,275,373 20,444,122 26%

Actual 16,368,037 15,972,991 19,227,469 20%

Variance 261,875 302,382 1,216,652

TABLE 4 operating expenditure

Note: * Percentages have been rounded.

* Variation on that reported last year – see Appendix 2.

Note: * These previous year totals included four resources from the Mental Health Review Board, they have been excluded from the current reporting period and will be excluded for future reporting.

Note: Human Rights (HR) figures for the 2009-10 and 2010-11 years were incorrectly reported in previous reports, being out by less than 0.002%, please refer to Appendix 2 to see the correction in applications received for those years for HR.

l Commercial and Civil 30%l Development and Resources 7%l Human Rights 60%l Vocational Regulation 3%


YeAR At A GlAnCe

Benchmark performance

The Tribunal recognises that the community appreciates transparent information about our performance.

For the Tribunal, the leading indicator of efficiency is the time it takes for parties to obtain a decision after making an application. The following table indicates the number of weeks taken to complete the specific percentage of matters under the enabling Act, against the benchmark in each stream. In those jurisdictions in which the Tribunal most frequently makes decisions.

TABLE 5 Benchmark performance indicators (in weeks)

2009/10 2010/11 2011/12

30% 50% 80% 30% 50% 80% 30% 50% 80%

Commercial and Civil

BENCHMARK (weeks to complete) 10 16 28 10 16 28 10 16 28

Building Commission 1 - - - - - - 4 8 15

Commercial Tenancy 2 6 8 20 4 8 22 3 8 19

Dog Act 4 - - - - - - 6 9 11

Firearms 8 13 24 6 12 23 5 8 15

Residential Parks Act 3 - - - - - - 1 3 8

Review of Building Disputes Tribunal decisions 8 15 29 7 14 29 8 13 31

Road Traffic 6 10 17 5 9 18 1 1 2

Strata Titles 5 9 22 3 8 20 3 7 22

Subdivision / Local Govt (Misc Provisions) 6 16 32 10 18 32 5 13 32

Overall Performance 4 5 9 21 5 11 26 4 8 18

Development and Resources

BENCHMARK (weeks to complete) 12 20 30 12 20 30 12 20 30

Aboriginal Heritage 1 - - - - - - 5 24 38

Compensation for compulsory acquisition 11 32 56 20 38 77 14 15 55

Development 10 16 31 10 14 29 10 16 33

Fisheries 6 8 8 5 7 7 34 34 34

Land valuation 1 - - - - - - 2 2 7

Local Govt approvals 5 6 7 13 2 6 15 1 7 12

Local Govt notices 10 14 29 - 7 14 - 3 36

Rating - 1 1 19 20 67 8 9 10

Regulation of Local Govt Councillors 1 - - - - - - 16 22 24

Review by Judicial Member of planning - - - - - - 2 4 13 determination 1

Subdivision 10 16 41 11 17 36 9 18 33

Water 1 - - - - - - 8 22 32

Overall Performance 10 17 34 11 16 35 9 16 34

Table continued on page 8 …


2009/10 2010/11 2011/12

30% 50% 80% 30% 50% 80% 30% 50% 80%

Human Rights

BENCHMARK (weeks to complete) 6 n/a n/a 8 n/a n/a 8 n/a n/a 8

Equal Opportunity 12 17 26 12 18 34 12 19 39

Guardianship and Administration 6 7 8 4 6 7 4 6 10

Mental Health 6 6 8 5 7 12 4 5 13

Overall Performance 7 6 7 8 4 6 7 4 6 10

Vocational Regulation

BENCHMARK (weeks to complete) n/a n/a 27 n/a n/a 27 n/a n/a 27

Overall Performance 8 12 43 8 14 35 3 9 33

Note:1 1 This is a new benchmark category.2 These figures exclude the Commercial Tenancy (Retail Shops) Agreements Act s13(7) applications.3 These were existing jurisdictions prior to 2011-2012 but have commenced being benchmarked in this reporting period.4 The overall performance of the Commercial and Civil (CC) stream excludes the Consumer Credit and CC Other benchmark categories.

The CC Other benchmark category includes the Commercial Tenancy (Retail Shops) Agreements Act s13(7) applications.5 These figures include the local government non-planning applications.6 Benchmark does not apply to Equal Opportunity and Mental Health Appeal matters.7 The overall performance figures for 2010-2011 were recorded incorrectly in the previous annual report.


TRIBUNAL STREAMS

COMMERCIAL AND CIVIL

Work of the stream

The Commercial and Civil (CC) Stream is vested with both an original and review jurisdiction. In the exercise of its original jurisdiction, most of the volume of the CC Stream work arose under the Building Services (Complaint Resolution and Administration) Act 2011 and the Strata Titles Act 1985. In the review jurisdiction, most work in the reporting year arose under the Firearms Act 1973, the Builders’ Registration Act 1939, and the Local Government (Miscellaneous Provisions) Act 1960 relating to building control.

Year in review

WorkloadDuring the reporting year, the CC Stream received 2,334 applications and, in the same period, finalised 2,154 applications, compared to 1,811 received and 1,831 applications finalised in the previous year.

The actual workload of the CC Stream increased far more than these overall numbers suggest. The overall numbers include a category ‘other’, which relates to sundry applications made under a range of legislation falling under the responsibility of the CC Stream, and purely administrative applications under the commercial tenancy legislation. The number of these administrative applications fell from 1,368 in the previous year, to 1,204 in the reporting year. However, the number of contentious applications finalised by the CC Stream increased overall by 486 matters. During the reporting year 562 applications were received under the new building disputes jurisdiction and a total of 435 of these building matters were finalised during the reporting year. In total this reflects that, in these other areas of jurisdiction, an additional 51 applications were finalised in the reporting year, compared to the previous year.

GRAPH 2 CC applications finalised by type

l Building Disputes Tribunal 5%l Building Commission 46%l Commercial Tenancy (excludes s13 (7) applications) 7%l Dog Act 2%l Firearms 8%l Local Government 3%l Residential Parks (Long Stay Tenants) 2%l Strata Titles 16%l Other* 11%

* Other – excludes Commercial Tenancy (Retail Shops) Agreements Act s13 (7) applications which are purely administrative in nature and which if included would distort the representation of areas which impose most workload on the CC Stream.

l Applications receivedl Applications finalised

1,933

1,932

2009/10 2010/11 2011/12

1,811

1,831

2,334

2,154

GRAPH 3 CC workload


Achievements

On 29 August 2011, 203 applications were referred to the Tribunal by the Building Commission pursuant to the Building Services (Complaint Resolution and Administration) Act 2011, under which the former jurisdiction of the Building Disputes Tribunal was transferred to the Building Commission and the Tribunal. Over the following months, further matters were referred to the Tribunal, so that by the end of the reporting year, 562 new building applications had been lodged.

Directions hearings were held daily until mid October 2011, by which time the backlog of cases had been programmed to final hearing. By December 2011 all new applications could be listed for an initial directions hearing within 21 days of lodgement in accordance with the Tribunal’s listing protocol. Through the directions hearing process and mediation, the CC Stream has facilitated settlement of 56% of all new building matters transferred. This is an exceptional result in an area which is well known for the difficulty in achieving resolution outside of a formal hearing.

The balance of the building matters proceeded to formal hearing, and, as already stated, a total of 435 applications were finalised during the reporting year. This result was accomplished only due to a concerted effort by all full time and sessional members engaged in this work. As appears in the benchmark results set out in the preceding section of this report, building matters (under the heading Building Commission) were completed well within the benchmark targets requiring 30% completion within 10 weeks, 50% completion within 16 weeks and 80% within 28 weeks, with the results achieved being 4 weeks, 8 weeks and 15 weeks at the respective stages.

% of Benchmark 2009/10 2010/11 2011/12 1 applications (weeks) finalised

30% 10 5 5 4

50% 16 9 11 8

80% 28 21 26 18

TABLE 6 CC benchmark performance

Note:1 The overall performance of the CC stream excludes the Consumer Credit and CC Other benchmark categories. This is to avoid distortion of the benchmark results so that they remain a useful performance indicator. The CC Other benchmark category includes the Commercial Tenancy (Retail Shops) Agreements Act s13 (7) applications. The commercial tenancy matters represent nearly 50% of all CC applications received but are purely administrative. They are dealt with by one sessional member sitting one day a week and are usually finalised within 7 to 10 days. The consumer credit jurisdiction ceased on 1 July 2010 and in the reporting year the last 5 proceedings were finalised. They represent the most difficult matters in that category and therefore fall outside the 80% of matters reported for benchmark purposes.

As in the previous reporting year, 57% of the total number of disputed applications were resolved by facilitative measures employed at directions hearings and through mediation. The results achieved within particular areas of jurisdiction can vary significantly, but the percentage of matters resolved through mediation in strata titles, commercial and tenancy and local government matters was, respectively, 70%, 69% and 76%. The percentage of matters which settled following referral to mediation was slightly lower than the previous year, being 70% in the reporting year as compared to 78% in the previous year. It is likely that the increasing rate of matters settled during the directions hearing process is resulting in the percentage of difficult matters which are sent to mediation increasing.

Looking forward

During the reporting year, the Tribunal received additional funding for sessional members to assist with the backlog of building matters transferred to the Tribunal. Without that funding being available in the coming year, it will be necessary to make careful use of the resources available to ensure satisfactory performance across all areas of jurisdiction can be achieved.

It is particularly note worthy that the above results were achieved while still maintaining a level of performance in other areas of jurisdiction which remained comparable with previous years. The overall benchmark performance is set out in Table 6.


tRIBunAl StReAMS

DEVELOPMENT AND RESOURCES

Work of the stream

As has been noted in previous annual reports, and as has been consistent for some years, the vast majority (around 70%) of the work of the Development and Resources (DR) Stream involves the review of decisions of State and Local Government authorities in relation to town planning (mainly development and subdivision, including some structure planning) applications.

Around 51.5% of the development and subdivision review applications are ‘class 1’ planning applications (involving developments with a value of less than $250,000;houseswithavalueoflessthan$500,000;and subdivisions of up to three lots). About 48.5% of development and subdivision review applications are ‘class 2’ planning applications (all other development and subdivision applications). These main categories are fixed by statute under the Planning and Development Act 2005 (WA) and are under review (in respect of the prescribed amounts set out above). About 56% of planning review applications involved the review of the refusal of an application, and 11% stemmed from ‘deemed’ refusals (that is, a failure to determine an application within a specified statutory period) with 33% involving the review of conditions imposed on approvals.

Statistics were ‘hand collected’ during the 2011-2012 financial year for proceedings or matters in that period in the DR Stream. Those figures, in respect of matters finalised by type, indicated that applications in the DR Stream concerned the following subjects:

• Development(51%)• Subdivision(16%)• Directionsornotices(7%)• Landvaluation(4%)• Rates(5%)• Structureplans(3%)• Fisherieslicencecompensation(2%)• Regulationofcouncillors(2%)• Water(2%)• Aboriginalheritage(2%)• Compensation(1%)• Landtax(1%)• Reviewbyajudicialmemberofaplanning determination (‘s 244’ reviews) (1%)• Other(3%)

Note: The figures are based on manual statistics collected, reported percentages are estimates only.

GRAPH 4 DR applications finalised by subject

l Development 51%l Subdivison 16%l Directions or notices 7%l Land valuation 4%l Rates 5%l Structure plans 3%l Fisheries licence compensation 2%l Regulation of councillors 2%l Water 2%l Aboriginal heritage 2%l Compensation 1%l Land tax 1%l Review by a judicial member of a planning determination

(‘s 224’ reviews) 1%l Other 3%

Note: The figures are based on manual statistics collected, reported percentages are estimates only.

Figures representing the regional geographical source of applications have remained relatively consistent between this reporting year and the previous year. The current figures are:

• Around66%ofDRapplicationswerefromthePerth Metropolitan Region.

• Thebalancewerefrom:theSouth-West(6.1%),Wheatbelt (5.2%), Peel (8.2%), Great Southern (2.5%), Mid West (3.6%), Pilbara (1.9%), Gascoyne (2.5%), WA Waters (2.1%) and Kimberley (1.9%).

Applications finalised in the DR Stream for 2011-2012:

• 35.4%ofallparties(31%ofapplicants,40%ofrespondents)wereself-represented;

• 44.6%ofallparties(36%ofapplicants,53%ofrespondents)wererepresentedbyalawyer;

• 16.7%ofparties(27%ofapplicants,7%ofrespondents) were represented by a consultant townplanner;

• 6%ofapplicantswererepresentedbyagentssuchasengineers,architects,surveyorsandvaluers;


• 100%ofallintervenersinproceedings(undersection 37 of the SAT Act, of which there were 8) wererepresentedbyalawyer;

• In45%ofclass1planningapplications,theapplicant elected that no party be represented by a lawyer.

In matters that required adjudication, 63% of final hearings were completed in one day or less, 25% of hearings in one to two days, and 12% of hearings were completed in two to three days.

Year in review

WorkloadDuring the reporting year, the DR Stream received 511 applications and finalised 503 applications (Graph 5). This represents a 14% increase in matters received when compared with the previous year and is partly reflected in a number of one off related land valuation matters (some going back a number of years) brought by one land owner. In addition, the Stream finalised a significant number of applications brought by the Minister for Local Government to quash certain rates and charges imposed by a number of local governments.


44

4

48

4

2009/10 2010/11 2011/12

449 4

01

511 503

GRAPH 5 DR workload

Achievements

As may be seen in Table 7, the DR Stream has continued to comfortably meet the performance benchmarks of finalising 30% of applications within 12 weeks (9 weeks) and 50% of applications within 20 weeks (16 weeks). Although the benchmark of finalising 80% of applications within 30 weeks was exceeded by four weeks, this is a reduction on last year’s figure, and 75% of applications were finalised within 30 weeks.

% of Benchmark 2009/10 2010/11 2011/12 applications (weeks) finalised

30% 12 10 11 9

50% 20 17 16 16

80% 30 34 35 34

TABLE 7 DR benchmark performance

Facilitive dispute resolutionDuring 2011-2012, the DR Stream fully resolved 70% of applications by Facilitative Dispute Resolution (FDR) processes and partly resolved a further 3% of applications by these means. FDR processes in the Tribunal involve the use of directions hearings, mediations, compulsory conferences and invitations under s 31 of the SAT Act to an original decision maker to reconsider its decision, often in the light of further information or amendments to a planning proposal developed through mediation. By these processes, Tribunal members assisted the parties to create their own solution to a dispute, rather than have a win/loss decision imposed upon them. The parties also avoided the time and expense of having to participate in a final hearing or a determination on the documents. During 2011-2012, only 20% of DR applications required adjudication by the Tribunal, while 6.3% of DR applications were resolved between the parties without the need for either facilitation or adjudication by the Tribunal.

Another benefit of FDR during the reporting year was that in a third of cases that required adjudication by the Tribunal, FDR processes were able to reduce the scope of the dispute requiring adjudication, minimising the length of hearings and cost to the parties. In matters that were adjudicated, the applicant was successful 32.4% of the time, partly successful 14.8% of the time and unsuccessful 52.8% of the time.

Mediation71.7% of all DR applications finalised in 2011-2012 were referred to mediation. Of the matters that were resolved with the use of FDR processes, the applicant was successful in 63.4% of cases and in 19% of cases the applicant was partly successful. In 17.6% of cases the applicant was unsuccessful. 39% of mediations involved only one session, 26% involved two sessions, 14% involved three sessions, 6% involved four sessions and the remaining 15% of matters involved between five and fourteen sessions, reflecting the complexity of some planning and enforcement matters. In 31% of mediations, at least one mediation session was held on site, and in 12.6% of mediations, at least one


mediation session was held at the original decision maker’s office or premises.

Local government councillors were invited to attend mediation in 28.8% of cases in which a matter was referred to mediation and the respondent was a local government authority. Resident objectors were invited to attend in 2% of matters referred to mediation, government authorities other than the original decision maker in 19.3% of cases and other third parties in 3.8% of cases.

Invitation to original decision makers to reconsider their decision.Invitations were made to an original decision maker to reconsider its decision under s 31 of the SAT Act in 52% of matters which were finalised with a facilitated or adjudicated outcome (57.6% of matters withanFDRoutcome;33%ofmatterswithanadjudicated outcome).

After a s 31 invitation was made, the original decision maker chose to affirm its original decision 17% of the time(7.7%inmatterswithanFDRoutcome;66.7%in matters with an adjudicated outcome), substitute its original decision for a new decision 53.3% of the time(58%inmatterswithanFDRoutcome;27.8%in matters with an adjudicated outcome), or vary its original decision (for example, by amending its conditions of approval) 27.5% of the time (31.6% in matterswithanFDRoutcome;5.6%inmatterswithan adjudicated outcome).

Looking forward

For certain major developments, on 1 July 2011, the Development Assessment Panel (DAP) model commenced practical operation (following on from the commencement of the Approvals and Related Reforms (No. 4) (Planning) Act 2010 (WA)). DAPs replace local government authorities as decision makers for these classes of matters. Reviews of DAP decisions are to the Tribunal. During the reporting period, only a handful of these review matters had been received and because of the value of the developments involved, full time members of the Tribunal have been assigned to the initial mediations. Three matters in which DAPs were respondents in the proceedings were finalised in 2011-2012, two of which were mediated successfully for the applicant, and one of which was resolved without the Tribunal being required to provide either FDR or adjudication. In future reporting periods the impact of these reviews can be more fully reported upon.

The number of matters received in the DR Stream is linked to economic activity in the State, and the rise in applications received appears to reflect a similar growth in the broader economy over the past year. There seems to be no reason to suggest any immediate downturn in that activity and thus the work of the stream is expected to continue with moderate growth.


HUMAN RIGHTS

Work of the stream

The Human Rights (HR) Stream of the Tribunal has, as its principal task, the determination of applications brought under the Guardianship and Administration Act 1990 (GA Act). These matters usually involve making orders appointing substitute decision makers to make decisions about health, lifestyle and financial estate matters on behalf of people who no longer have the capacity to make their own decisions or manage their own affairs – or the review of such orders made previously. The GA Act provides a means by which protective measures may be put in place to ensure that the financial and general welfare of vulnerable persons is not jeopardised by improvident personal decisions, or by ill-advised or unscrupulous decisions of other people.

In addition to its work under the GA Act, the HR Stream determines matters referred by the Equal Opportunity Commissioner concerning alleged discrimination under the Equal Opportunity Act 1984 (EO Act). The HR Stream also exercises a jurisdiction to review decisions made by the Mental Health Review Board, the Gender Reassignment Board and the Chief Executive Officer of the Department for Child Protection. These powers arise from the Mental Health Act 1996 (MH Act), the Gender Reassignment Act 2000 and the Children and Community Services Act 2004 (CCS Act) respectively.

Applications under the HR Stream’s areas of jurisdiction account for over 60% of all applications made to the Tribunal across all streams, and GA Act matters account for 98% of the work undertaken in the HR Stream.

Year in Review

WorkloadDuring 2011-12 the HR Stream received 4616 individual new matters and finalised 4353 matters, representing 20.9% and 13.4% increases respectively on the corresponding figures for 2010-11. The 2011-12 figures represent an increase of 81.7% and 63.6% respectively over the numbers of matters received and finalised by the HR Stream in 2005-06, the first full year of the Tribunal’s operations.


30% n/a 6 4 4

50% n/a 7 6 6

80% 8 8 7 10

TABLE 8 HR benchmark performance

In the GA Act jurisdiction of the HR Stream there were 4536 new matters lodged, an increase of 21% over the number in the previous year, although this increase is somewhat overstated due to a change in the way in which the Tribunal records applications to access documents held by the Tribunal concerning GA Act matters. Applications under section 40 of the GA Act for new guardianship or administration orders, at 2243, were 8% greater than the previous year. A total of 4251 GA Act matters were finalised in the year, a 12% increase over the 2010-11 year. Of the GA Act matters finalised, 80% were completed within 10 weeks of the application being lodged and 90% of applications continue to be finalised with only one hearing.

4,353


3,602

3,570

2009/10 2010/11 2011/12

3,80

8

3,825

4,616

GRAPH 6 HR workload

65 applications under the EO Act were received during the reporting period and 87 matters were finalised. 50% of matters under the EO Act were completed after 19 weeks and 80% of matters were completed after 39 weeks. Those statistics suggest longer times for completion of matters than in the previous year. That can be explained by the high clearance rate of old matters which is a result of more active case management of EO matters since late 2011. It is expected that in the next reporting period the average time for completion of matters will reduce.


tRIBunAl StReAMS

12 Mental Health review applications were received and 11 matters were finalised during the reporting period. 50% of these matters were completed after five weeks and 80% of matters were completed after 13 weeks.

Trends in workload

A number of observations can be made about issues and trends arising in GA Act matters during 2011-12:

• ThetrendthathasbeenobservedthroughouttheTribunal’s existence, for a steady increase in matters brought to the Tribunal for determination has continued in 2011-12.

• AgrowingproportionofGAActmattersareincreasingly complex and take longer for the Tribunal to determine. This is, to a significant degree, due to conflict between family members of represented or proposed represented persons – which makes it much harder for the Tribunal to establish what is in that person’s best interests.

• Matterscontinuetobeseenregularlyinvolvingissues of financial abuse by family members and carers, confirming recent research into the financial exploitation of the elderly and vulnerable. During the year a number of applications were made to the Tribunal by the Public Trustee seeking revocation of orders appointing private administrators who have failed to discharge their obligations.

• AlthoughtheTribunaliswillingandabletohold hearings in regional and remote places in appropriate cases, it is not feasible to do so in all matters arising outside the metropolitan area. The Tribunal utilises telephone and video conferencing facilities whenever possible, but recognises that these are sometimes less satisfactory than face-to-face hearings.

• ThenewjurisdictionconferredontheTribunalinFebruary 2010 in relation to issues arising from advance health directives, enduring powers of guardianship and related matters has not generated the number of applications that were anticipated – 12 in 2011-12 compared with 11 in the prior part-year. It is expected that such matters are likely to increase in future as the community increases its use of such measures.

• Therehasbeenasignificantnumberofnewapplications lodged for administration orders by private trustee companies in their capacity as trustees of trusts established for the benefit of persons who have received awards of

compensation in court proceedings – to enable the trustee/administrator to invest part of the compensation trust in superannuation, thereby taking advantage of the considerable taxation concessions available for such investments.

• Theyearhasseenareduction(from79to48)ofapplications lodged that involve disputes about the operation of enduring powers of attorney.

The Tribunal has continued to be greatly assisted by good working relationships with the Office of the Public Trustee and the Office of the Public Advocate, both of which contribute significantly to the information available to the Tribunal when determining matters.

Achievements

The resources allocated to the HR Stream have remained substantially the same since the Tribunal was established, notwithstanding the steady increase in the HR Stream’s workload, as indicated in the numbers set out above. This has placed considerable pressure on HR Stream members and staff, all of whom have responded with dedication and resilience. Although the Tribunal continues to review its practices and allocation of available resources, in an attempt to meet its objective of dealing with matters as speedily as possible, it has not been possible for the HR Stream to meet its main timeliness objectives this year, particularly in the GA Act jurisdiction, of 80% of all matters finalised within eight weeks.

GRAPH 7 HR applications finalised by type

l Mental health <1%l Equal opportunity <2%l Guardianship and administration 98%l Other <1%


VOCATIONAL REGULATION

Work of the stream

The work of the Tribunal in the Vocational Regulation (VR) Stream mostly involves disciplinary action against members of regulated vocations. The Tribunal also exercises a review jurisdiction in relation to registration and licensing decisions made by vocational registration boards and other public officials responsible for licensing of particular vocations. Applications for review of decisions made under the Working with Children (Criminal Record Checking) Act 2004 also fall within the VR Stream.

2011-12 was the first full year of operation of the Health Professional Regulation National Law (WA) Act 2010 which changed the regulatory regime for a wide range of health professionals to a national rather than state based scheme. It is notable that the number of applications for disciplinary action, particularly against doctors and nurses, was somewhat lower than in the previous year. The regulatory scheme for real estate agents and settlement agents also changed as from 1 July 2011. Although there was no significant change in application numbers concerning settlement agents, the number of applications relating to real estate agents dropped to 6, compared with 13 in the previous year. Similarly the number of disciplinary matters concerning builders was substantially lower in a year where the regulatory arrangements changed significantly. These events may be coincidental, or may be a consequence of the new regulators’ need to establish procedures. It is reasonable to assume that numbers of matters referred to the Tribunal in these areas will return to previous levels in the coming years.

Applications by security agents are generally dealt with by members of the CC Stream. Much of the balance of the work in this stream is done by judicial members of the Tribunal who are required to preside over matters involving legal practitioners, and generally preside over hearings concerning health professionals, real estate and settlement agents and working with children applications.

229


260

252

2009/10 2010/11 2011/12251

261

205

GRAPH 8 VR workload

Year in review

WorkloadDuring the reporting year, the Tribunal received 205 applications in the VR Stream, down from 251 in the previous year.

Appendix 2 sets out the number of applications received under each Act contained within the VR Stream. It can be seen that security agents continue to account for a significant proportion of applications. The number of applications relating to legal practitioners reduced from 54 in the previous year to 45, accounting for the second largest proportion of applications in the stream.


tRIBunAl StReAMS

GRAPH 9 VR applications finalised by type

l Builders’ Registration Act 3%l Legal Practitioners 27%l Health Practitioners 14%l Security and related activities (Control Act) 44%l Real Estate and Business Services Agents Act 1%l Other 11%

Achievements

The time for completion of 80% of vocational regulation matters in the reporting year was 33 weeks, an improvement from the 35 weeks reported last year and 43 weeks in 2009-2012.


30% n/a 8 8 3

50% n/a 12 14 9

80% 27 43 35 33

TABLE 9 VR benchmark performance

Looking forward

The Tribunal will continue to endeavour to reduce the time for completion of VR matters, although delay is often attributable to failures of parties to comply with directions in a timely way. A major cause of delay is problems encountered by parties obtaining expert evidence, particularly in matters concerning medical practitioners.

The Tribunal has continued to examine the most efficient and cost effective way of dealing with applications for review of decisions by the Legal Profession Complaints Committee to dismiss complaints on the basis that there was no reasonable likelihood of the practitioner being found to have acted unprofessionally. The previous practice of dealing with those matters on the documents has

now been replaced by providing a short hearing to ascertain whether the complainant has an arguable case. That has proved effective, but the Tribunal will continue to monitor the most efficient way of dealing with these applications.

The national scheme for the regulation of health professionals came into force in Western Australia within the reporting period. While there have been some concerns around delay in representatives of national boards obtaining instructions, especially in the context of mediations, those difficulties have not been substantial. Overall, the change to the national system has not significantly affected the way proceedings have progressed.


The Tribunal’s workload in relation to general enquiries as well as the increase in conferral of jurisdictions has been continuous and significant. The Tribunal aims to assist all parties in the lodgement and management of their matters without the need for legal representation.

Electronic communications

During the year there were a total of 3,507 electronic contacts (emails – see Table 10 below) received by the Tribunal. This is an increase of 85% over the previous year.

Emails were received from individuals, professional organisations, government departments and various agencies.

COMMUNITY RELATIONS

Type of email No. rec’d No. rec’d No. rec’d 2009/10 2010/11 2011/12

Media inquiries 14 56 90

Matter information 1307 1252 2671

Praise 29 48 35

Problems 9 6 11

Requests for Information 287 339 429

Suggestions 13 16 13

Complaints 4 12 10

Seminar responses/ inquiries 308 8 49

Spam 134 154 199

TOTAL 2096 1891 3507

TABLE 10 list of electronic correspondence

Our website

The development of the Tribunal’s website has continued during the reporting year. It is a valuable information resource to self-represented persons (SRPs) as well as all other applicants and parties. The Tribunal is reviewing the use of various electronic media to facilitate better service delivery in to the future.

Publications

When considering the needs of parties the Tribunal assumes most will be SRPs and accordingly the Tribunal provides more information during directions hearings where SRPs are parties to a matter. All parties are supported through the provision of pamphlets and Practice Notes which are reviewed and updated regularly to assist parties in proceedings. A list of these pamphlets is provided in Appendix 6.


Section 150(5) of the SAT Act authorises the President to report to the Minister regarding any matter connected with the exercise of the Tribunal’s jurisdiction.

Children and Community Services Act 2004

The Tribunal exercises jurisdiction to review care plans which are required to be in place for children who are the subject of protection orders and are therefore within the care of the Department for Child Protection. Care plans are required to be made at intervals no greater than 12 months. The review by the Tribunal follows a process of internal review by a case review panel which then makes a recommendation to the Director-General. It is the Director-General’s decision that is the subject of the review by the Tribunal.

Two issues have arisen in relation to this area of the Tribunal’s jurisdiction. The first is that the Department’s internal review process can sometimes take many months. As a result, by the time the Tribunal receives the application for review, and undertakes its processes to resolve issues, the time remaining to make a new care plan is either fast approaching or has passed. The passage of time, where arrangements such as contact between parents and children remain uncertain and circumstances may be changing constantly often leads to conflict, or is otherwise not in the best interests of the children concerned. In part the delay results from the statutory scheme, and in part it results from the conduct of the parties. The present review of the Children and Community Services Act 2004 should take account of this problem.

The second issue concerns the overlap of jurisdiction between the Children’s Court, which has the function of making, extending and varying protection orders, and the Tribunal, which has the function of reviewing care plans. The Tribunal has experienced cases where both the Department for Child Protection and the applicant for review are seeking outcomes through the care plan which are inconsistent with the type of protection order made by the Children’s Court, or with the underlying findings of the Children’s Court upon which the protection order is based. There have also been examples where proceedings in the Family Court of Western Australia have an impact on proceedings in relation to a care plan. There is

FUTURE REFORMS AND INITIATIVES

a serious question as to whether the jurisdiction in relation to the review of a care plan would not be better exercised by the Children’s Court, rather than by the Tribunal, given the primary role of the Children’s Court in determining whether there should be a protection order, and if so what type of order.

Building Services (Complaint Resolution and Administration) Act 2011

There are also two primary issues of concern in relation to the Tribunal’s jurisdiction under this Act.

The first is the absence of a right to seek a review by the Tribunal of a decision by the Building Commissioner to dismiss a complaint rather than refer it to the Tribunal. It is understood that this matter is to be addressed in a proposed amendment to the Act in the near future.

The second issue arises from the repeal of the power under the Builders Registration Act 1939 to make orders against any person who carried out defective or unsatisfactory building work, or who in other respects carried out building work in an unworkmanlike manner. That power was substituted by a power in the Building Commission or the Tribunal to make orders only in respect of regulated building services. That has resulted in an artificial delineation in resolving disputes due to only part of a dispute being within jurisdiction. This has, in turn, resulted in a less effective dispute resolution system, to the frustration of affected complainants. This is inconsistent with the general movement towards expanding the Tribunal’s jurisdiction to provide a one stop shop for dispute resolution. It is also in direct contrast to the basis for originally providing the Building Disputes Tribunal (BDT) with a contractual jurisdiction - namely so that the BDT could deal with the entire dispute between the parties not just workmanship issues as was previously the case.

Continuation of this more restricted jurisdiction is likely to lead to criticism of the system. There have been numerous examples to date of parties who have been left most unhappy because of this situation. It is understood that the proposed new regulations will expand coverage for work done by owner-builders outside the building permit but this still leaves many situations uncovered, including work which an owner takes out of the scope of works to be


undertaken by the builder and carries it out himself, or simply additional works carried out by the owner in conjunction with work carried out or to be carried out by a registered builder. It is the Tribunal’s view that the sooner this concern is addressed the better.

Firearms Act 1973

Concern has been expressed in the Tribunal as to the level of control in provisions relating to the issue of a firearm to a corporate entity. There appears to be a lack of capacity for the licensing authority to monitor persons to whom possession of a firearm licensed to a corporate entity might be given.

Previous suggestions for legislative reform

In previous annual reports, the President has noted possible legislative reforms connected with the Tribunal’s jurisdiction which might be considered.

The Tribunal maintains the following suggestions for law reform referred to in previous annual reports:

•Considerationbegiventothepotentialfortheissue of Assessment Notices subject to conditions, or limited to particular occupations or employment under the Working with Children (Criminal Record Checking) Act 2004 (see 2009-2010 Annual Report at p 21).

•Areviewofthemandatorydisqualificationofsecurity agents in relation to specified offences under the Security and Related Activities (Control) Act 1996 (see 2009-2010 Annual Report at p 22).

•AreviewofwhethertherightunderSection435of the Legal Profession Act 2008 in relation to a decision by the Legal Profession Complaints Committee to dismiss a complaint should be the subject of a requirement for leave in all cases (see 2008-2009 Annual Report at p 24).

•AreviewoftheLocal Government Act 1995 dealing with complaints, breaches, rules of conduct by local government councillors to consider whether the process of dealing with minor breaches of conduct should incorporate some facility, such as mediation, earlier in the complaint process by the Standards Panel (see 2008-2009 Annual Report at pp 24-25). The Tribunal understands that this legislation is currently under review by Government.

•AmendmenttotheGuardianship and Administration Act 1990 (GA Act) to include a right of review under Section 17A in respect of two member Tribunals, or alternatively by providing

a right of appeal under Pt 3 Div 3 of the GA Act in respect of two member Tribunal decisions (see 2008-2009 Annual Report at p 25).

•AmendmenttoSection216ofthePlanning and Development Act 2005 (P&D Act) to confer (concurrent) jurisdiction on the Tribunal constituted by or including a judicial member to grant an injunction to restrain a contravention of the P&D Act, an interim development order, a planning scheme, or a condition of approval (see 2007-2008 Annual Report at p 51).

•AmendmenttoSection69oftheHeritage of Western Australia Act 1990 (Heritage Act) to confer (concurrent) jurisdiction on the Tribunal constituted by or including a judicial member to grant an injunction to restrain a breach of a conservation order (see 2007-2008 Annual Report at pp 51-52) and amendment to the P&D Act and the Heritage of Western Australia Act 1990 to confer (concurrent) jurisdiction on the Tribunal constituted by or including a judicial member to make declarations in relation to any right, obligation or duty imposed by or under planning, heritage and related laws (see 2007–2008 Annual Report at p 52). The Tribunal understands that the Heritage Act is currently under review by Government.

•AmendmenttoSection41oftheEnvironmental Protection Act 1986 to enable the Tribunal to determine proceedings involving a referred proposal (see 2007-2008 Annual Report at p 52).

•AmendmenttoSection226oftheLand Administration Act 1997 to abolish the appointment of assessors by parties in proceedings for compensation for the compulsory acquisition of land (see 2007–2008 Annual Report at pp 52-53). This provision is rarely used by parties in compensation applications.

•ReviewoftheGAAct.ThecurrentGAActhasbeen in place since 1990 and does not adequately meet the demands of a changing demographic and current approaches to health and lifestyle evident in legislation in some other jurisdictions (see 2007-2008 Annual Report at p 69).

•ReviewoftheEqual Opportunity Act 1984, particularly the right of people to require the Commissioner for Equal Opportunity to refer claims that she has dismissed to the Tribunal under Section 90 of the EO Act (see 2007–2008 Annual Report at p 69).


Arrangements with other agencies

Formal arrangements are in place with the Chief Magistrate enabling a magistrate to sit as a member of the Tribunal. This arrangement was initiated by the former President and agreed to by the Chief Magistrate in the 2005-2006 reporting year.

It has not been necessary to utilise these arrangements for a number of years because the Tribunal has been able to adequately service regional areas either by telephone and video links or by members travelling to regions where appropriate. Given the different procedures of the Tribunal from those of the Magistrates Court, the Tribunal’s preference is to utilise its members rather than magistrates.

ADDITIONAL INFORMATION

Arrangements with the Parliamentary Commissioner under Section 168 of the SAT Act

The President and the Parliamentary Commissioner (Ombudsman) maintain an earlier agreement regarding matters of public education, training of Tribunal members on the role of the Ombudsman, regular meetings between the President and the Ombudsman and referral of cases from the Tribunal to the Ombudsman.

Levels of compliance by decision makers

Section 150(2)(d) of the SAT Act requires this annual report to include details of the level of compliance by decision makers with the requirements under section 20 and section 21 to:

(i) Notify persons of reviewable decisions and the righttoseekreview;and

(ii) Provide written reasons for reviewable decisions when requested to do so.

These two requirements are designed to ensure persons affected by adverse decisions know why the decision was made and that they have the right to seek review in relevant cases.

The Tribunal is satisfied, on the basis of review proceedings coming before it, that decision makers are meeting their obligations.

Arrangements have also been settled with specific agencies to better serve applicants and respondents to the Tribunal. Agreements have been made with the following agencies:

• StateSolicitor’sOffice;• EqualOpportunityCommission;• Landgate;• OfficeofthePublicAdvocate;• PublicTrustee;• OfficeofStateRevenue;• WesternAustralianPlanningCommission;and• OfficeoftheBuildingCommissioner.


ADMINISTRATIVE SUMMARY

Organisational change

The management team continued to work with the staff and members of the Tribunal to consolidate the improvements introduced during the previous reporting period with respect to case management processes and the workplace culture. It was particularly pleasing that the members and staff were prepared to participate constructively in a case management evaluation process that enabled two-way feedback regarding the quality and timeliness of services provided by case managers to members, and the responsiveness and clarity of instruction by members to case managers. This process resulted in a clear improvement in levels of member satisfaction with the service provided by staff.

As part of its ongoing commitment to improving the workplace, the management team prepared an action plan in response to the staff satisfaction survey it conducted in June 2011. One of the actions implemented from the plan was the reallocation of staff resources to the HR Stream in order to alleviate the growing workload pressures resulting from increasing numbers of guardianship and administration applications.

Planning work commenced for the Tribunal to relocate into new accommodation in 2015. In the meantime, a number of maintenance and minor improvement works were undertaken in the Tribunal’s existing accommodation. These included the installation of electronic listing displays, repainting and carpeting throughout and modifying the layout of two hearing rooms.

Building Disputes Conferral

The Tribunal saw significant growth associated with the proclamation of the Building Services (Complaint Resolution and Administration) Act 2011, which resulted in the conferral of additional building complaints jurisdiction. A Memorandum of Understanding was executed with the Department of Commerce for the provision of tribunal services for this conferral. The Tribunal successfully cleared the initial backlog of matters referred to it from the Building Commission and finalised 421 of the 535 lodgements received under the new legislation. 80% of new matters referred to the Tribunal by the Building Commissioner were finalised within

23 weeks from the time they were received by the Building Commission, compared to 88 weeks in 2010-11 under the previous building disputes resolution framework.

Human Resources

The number of non-judicial members effectively increased by five full time equivalents to 23 and administrative staff increased by 10 to 75.2 to cater for the building disputes conferral.

Budget Performance

The Tribunal’s expenditure of $19,227,470 was within its budget allocation of $20,444,122. The under expenditure was due primarily to a delay in the conferral of an expanded building complaints jurisdiction. The Tribunal was funded for this conferral for the full reporting period, however it did not commence until 29 August 2011.


APPENDICES

APPENDIX 1 – LEGISLATION DEFINING OUR JURISDICTION

TABLE 11 list of enabling legislation

Act Original Review StreamAboriginal Heritage Act 1972 x Development and Resources

Adoption Regulations 1995 (given effect by s 10, s 107, s 143 Adoption Act 1994) x Human Rights

Aerial Spraying Control Act 1966 x Commercial and Civil

Agricultural Produce (Chemical Residues) Act 1983 x Commercial and Civil

Agricultural Produce Commission Act 1988 x Commercial and Civil

Agriculture and Related Resources Protection Act 1976 x Development and Resources

Animal Welfare Act 2002 x Commercial and Civil

Architects Act 2004 x x Vocational

Armadale Redevelopment Act 2001 repealed 31 December 2011 x Development and Resources

Associations Incorporation Act 1987 x Commercial and Civil

Biological Control Act 1986 x Development and Resources

Biosecurity and Agriculture Management Act 2007 x Development and Resources

Births, Deaths and Marriages Registration Act 1998 x Commercial and Civil

Building Act 2011 x Commercial and Civil

Builders’ Registration Act 1939 repealed 29 August 2011 original application type still applicable where investigations were on foot prior to Act being repealed x x Vocational

Building Regulations 2012 (given effect by s149 Building Act 2011) x Commercial and Civil

Building Services (Complaint Resolution and Administration) Act 2011 x x Commercial and Civil

Building Services (Registration) Act 2011 x x Vocational

Business Names Act 1962 x Commercial and Civil

Caravan Parks and Camping Grounds Act 1995 x Commercial and Civil

Caravan Parks and Camping Grounds Regulations 1997 (given effect by s 28 Caravan Parks and Camping Grounds Act 1995) x Commercial and Civil

Cemeteries Act 1986 x Commercial and Civil

Chattel Securities Act 1987 x Commercial and Civil

Chicken Meat Industry Act 1977 x Commercial and Civil

Child Care Services Act 2007 x x Vocational

Child Care Services Regulations 2007 (given effect by s 52 and Sch 1 cl. 23 Child Care Services Act 2007) x Vocational

Children and Community Services Act 2004 x x Human Rights

Commercial Tenancy (Retail Shops) Agreements Act 1985 x Commercial and Civil

Competition Policy Reform (Western Australia) Act 1996 x Commercial and Civil

Construction Contracts Act 2004 x x Commercial and Civil

Control of Vehicles (Off-road Areas) Act 1978 x Commercial and Civil

Co-operative and Provident Societies Act 1903 x Commercial and Civil

Country Areas Water Supply Act 1947 x Development and Resources

Country Towns Sewerage Act 1948 x Development and Resources

Credit Act 1984 x Commercial and Civil

Credit (Administration) Act 1984 x x Commercial and Civil

Cremation Act 1929 x Commercial and Civil

Dangerous Goods Safety Act 2004 x Commercial and Civil

Debt Collectors Licensing Act 1964 x x Vocational


Act Original Review StreamDog Act 1976 x x Commercial and Civil

East Perth Redevelopment Act 1991 repealed 31 December 2011 x Development and Resources

East Perth Redevelopment Regulations 1992 (given effect to by s 57 East Perth Redevelopment Act 1991) repealed 31 December 2011 x Development and Resources

Electricity (Licensing) Regulations 1991 (given effect by s 32(3)(faa) Electricity Act 1945) x Vocational

Emergency Management Act 2005 x Commercial and Civil

Employment Agents Act 1976 x x Vocational

Energy Coordination Act 1994 x Development and Resources

Equal Opportunity Act 1984 x Human Rights

Fair Trading Act 2010 x x Commercial and Civil

Fair Trading Act 1987 repealed 1 January 2011 original application type still applicable where investigations were on foot prior to Act being repealed x Commercial and Civil

Fair Trading (Retirement Villages Code) Regulations 2009 (given effect to by s 43 Fair Trading Act 1987) x Commercial and Civil

Finance Brokers Control Act 1975 x x Vocational

Fire and Emergency Services Authority of Western Australia Act 1998 x Commercial and Civil

Fire Brigades Act 1942 x Commercial and Civil

Firearms Act 1973 x Commercial and Civil

First Home Owner Grant Act 2000 x Commercial and Civil

Fish Resources Management Act 1994 x Development and Resources

Fisheries Adjustment Schemes Act 1987 x x Development and Resources

Fishing and Related Industries Compensation (Marine Reserves) Act 1997 x x Development and Resources

Food Act 2008 x Commercial and Civil

Forest Management Regulations 1993 (given effect by s 126 Conservation and Land Management Act 1984) x Vocational

Gas Standards Act 1972 x x Vocational

Gender Reassignment Act 2000 x Human Rights

Guardianship and Administration Act 1990 x x Human Rights

Health Act 1911 x x Commercial and Civil

Health Practitioner Regulation National Law (WA) Act 2010 x x Vocational

Health (Aquatic Facilities) Regulations 2007 (given effect by s 341 Health Act 1911) x Commercial and Civil

Health (Pesticides) Regulations 2011 (given effect by s 341 Health Act 1911) x Commercial and Civil

Heritage of Western Australia Act 1990 x x Development and Resources

Hire Purchase Act 1959 x Commercial and Civil

Home Building Contracts Act 1991 x Commercial and Civil

Hope Valley-Wattleup Redevelopment Act 2000 x Development and Resources

Hospitals and Health Services Act 1927 x Commercial and Civil

Housing Societies Act 1976 x Commercial and Civil

Human Reproductive Technology Act 1991 x x Vocational

Industrial Relations Act 1979 x Human Rights

Jetties Act 1926 x Development and Resources

Land Administration Act 1997 x x Development and Resources

Land Drainage Act 1925 x Development and Resources

Land Valuers Licensing Act 1978 x x Vocational

Legal Profession Act 2008 x x Vocational

Licensed Surveyors Act 1909 x x Vocational

Litter Act 1979 x Development and Resources

Local Government (Building Surveyors) Regulations 2008 (given effect to by s 373A and s 373AAB Local Government (Miscellaneous Provisions) Act 1990 and s 9.59 Local Government Act 1995) repealed 2 April 2012 still applicable where investigations were on foot prior to Act being repealed x Vocational


AppenDICeS

Act Original Review StreamLocal Government (Miscellaneous Provisions) Act 1960 repealed 2 April 2012 x x Commercial and Civil

Local Government Act 1995 x x Development and Resources

Major Events (Aerial Advertising) Act 2009 x Commercial and Civil

Maritime Archaeology Act 1973 x Development and Resources

Marketing of Potatoes Act 1946 x x Commercial and Civil

Medical Act 1894 repealed 1 December 2008 original application type still applicable where investigations were on foot prior to Act being repealed x Vocational

Medical Practitioners Act 2008 repealed 18 October 2010 original application type still applicable where investigations were on foot prior to Act being repealed x Vocational

Medical Radiation Technologists Act 2006 x x Vocational

Mental Health Act 1996 x x Human Rights

Metropolitan Redevelopment Authority Act 2011 x Development and Resources

Metropolitan Redevelopment Authority Regulations 2011 (given effect by s 131 Metropolitan Redevelopment Authority Act 2011) x Development and Resources

Metropolitan Water Authority Act 1982 x Development and Resources

Metropolitan Water Supply, Sewerage and Drainage Act 1909 x Development and Resources

Midland Redevelopment Act 1999 repealed 31 December 2011 x Development and Resources

Mines Safety and Inspection Levy Regulations 2010 (given effect by s 104 Mines Safety and Inspection Act 1994) x Commercial and Civil

Motor Vehicle Dealers Act 1973 x x Vocational

Motor Vehicle Drivers Instructors Act 1963 x Vocational

Motor Vehicle Repairers Act 2003 x Vocational

Navigable Waters Regulations 1958 (given effect by s 12 Shipping and Pilotage Act 1967, s 4 Jetties Act 1926, and s 99 Western Australian Marine Act 1982) x Vocational

Occupational Therapists Act 2005 x x Vocational

Painters’ Registration Act 1961 repealed 29 August 2011 still applicable where investigations were on foot prior to Act being repealed x x Vocational

Pawnbrokers and Second-hand Dealers Act 1994 x x Commercial and Civil

Pearling Act 1990 x Development and Resources

Perry Lakes Redevelopment Act 2005 x Development and Resources

Perth Parking Management Act 1999 x Commercial and Civil

Petroleum and Geothermal Energy Resources Act 1967 x x Commercial and Civil

Petroleum and Geothermal Energy Safety Levies Act 2011 x Commercial and Civil

Petroleum (Submerged Lands) Act 1982 x x Commercial and Civil

Petroleum Pipelines Act 1969 x Commercial and Civil

Petroleum Retailers Rights and Liabilities Act 1982 x Commercial and Civil

Pharmacy Act 2010 x Commercial and Civil

Physiotherapists Act 2005 repealed 18 Oct 2010 original application type still applicable where investigations were on foot prior to Act being repealed x Vocational

Planning and Development Act 2005 x x Development and Resources

Planning and Development (Development Assessment Panels) Regulations 2011 (given effect by s 171A Planning and Development Act 2005) x Development and Resources

Planning and Development Regulations 2009 (given effect by s 263 Planning and Development Act 2005) x Development and Resources

Plant Diseases Act 1914 x Development and Resources

Poisons Act 1964 x Commercial and Civil

Professional Combat Sports Act 1987 x Vocational

Psychologists Act 2005 repealed 18 Oct 2010 original application type still applicable where investigations were on foot prior to Act being repealed x Vocational


Act Original Review StreamPublic Order in Streets Act 1984 x Commercial and Civil

Radiation Safety Act 1975 x Commercial and Civil

Rail Safety Act 2010 x Commercial and Civil

Real Estate and Business Agents Act 1978 x x Vocational

Residential Parks (Long Stay Tenants) Act 2006 x x Commercial and Civil

Retirement Villages Act 1992 x Commercial and Civil

Retirement Villages Regulations 1992 (given effect by s 82 Retirement Villages Act 1992) x Commercial and Civil

Rights in Water and Irrigation Act 1914 x Development and Resources

Road Traffic Act 1974 x Commercial and Civil

Road Traffic (Authorisation to Drive) Regulations 2008 (given effect by s 42 Road Traffic Act 1974) x Commercial and Civil

Roebourne Shire Town Planning Scheme No 8 (given effect by s 87 Planning and Development Act 2005) x Development and Resources

Royal Agricultural Society Act 1926 x Commercial and Civil

Security and Related Activities (Control) Act 1996 x x Vocational

Settlement Agents Act 1981 x x Vocational

Shipping and Pilotage (Ports and Harbours) Regulations 1966 (given effect by s 9(2)(ae)(ii) and s 12 Shipping and Pilotage Act 1967) x Vocational

Soil and Land Conservation Act 1945 x Development and Resources

State Superannuation Act 2000 x Development and Resources

Strata Titles Act 1985 x x Commercial and Civil

Subiaco Redevelopment Act 1994 repealed 31 December 2011 x Development and Resources

Swan and Canning Rivers Management Act 2006 x Development and Resources

Taxation Administration Act 2003 x x Commercial and Civil

Taxi Act 1994 x Commercial and Civil

Tobacco Products Control Act 2006 x x Commercial and Civil

Trade Measurement Act 2006 will expire on 1 July 2013 expires on the day which the Trade Measurement Administration Act 2006 expires under s3B of that Act, being 1 July 2013 x Vocational

Transport Co-ordination Act 1966 x Commercial and Civil

Transport (Country Taxi-car) Regulations 1983 (given effect by s 47ZF Transport Co-ordination Act 1966) x Commercial and Civil

Travel Agents Act 1985 x x Vocational

Valuation of Land Act 1978 x Development and Resources

Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 x Development and Resources

Veterinary Surgeons Act 1960 x x Vocational

WA Marine (Certificates of Competency and Safety Manning) Regulations 1983 (given effect by s 10(f) and s 10(g) of the Western Australia Marine Act 1982) x Vocational

Waste Avoidance and Resources Recovery Act 2007 x Development and Resources

Waste Avoidance and Resources Recovery Regulations 2008 (given effect by s 96 Waste Avoidance and Recovery Act 2007) x Development and Resources

Waste Avoidance and Resource Recovery Levy Regulations 2007 (given effect by s 4 Waste Avoidance and Resource Recovery Levy Act 2007 and s 7 Waste Avoidance and Resource Recovery Act 2007) x Development and Resources

Water Agencies (Powers) Act 1984 x Development and Resources

Water Boards Act 1904 x Development and Resources

Water Services Licensing Act 1995 x Vocational

Water Services Licensing (Plumbers Licensing and Plumbing Standards) Regulations 2000 (given effect by s 61 Water Services Licensing Act 1995) x x Vocational

Waterways Conservation Act 1976 x Development and Resources

Western Australian Meat Industry Authority Act 1976 x Commercial and Civil

Workers’ Compensation and Injury Management Regulations 1982 (given effect by s 277 Workers Compensation and Injury Management Act 1981) x Vocational

Working with Children (Criminal Record Checking) Act 2004 x Vocational


AppenDICeS

APPENDIX 2 – STREAM APPLICATIONS BY ACT

TABLE 12 Stream applications by Act

Stream Act No. of Applications 2009/10 2010/11 2011/12

Aerial Spraying Control Act 1966 - - 0

Agricultural Produce (Chemical Residues) Act 1983 - - 0

Agricultural Produce Commission Act 1988 - - 0

Animal Welfare Act 2002 0 0 1

Associations Incorporation Act 1987 0 0 1

Births, Deaths and Marriages Registration Act 1998 - - 0

Building Act 2011 - - 5

Building Regulations 2012 (given effect by s149 Building Act 2011) - - 0

Builders Registration Act 1939 (repealed 29 August 2011 – original application type still applicable where investigations were on foot prior to Act being repealed) 42 33 34

Building Services (Complaint Resolution and Administration) Act 2011 - - 562

Building Services (Registration) Act 2011 0 0 0

Business Name Act 1962 - - 0

Caravan Parks and Camping Grounds Act 1995 0 1 0

Caravan Parks and Camping Grounds Regulations 1997 (given effect by s28 Caravan Parks and Camping Grounds Act 1995) - - 0

Cemeteries Act 1986 - - 0

Chattel Securities Act 1987 - - 0

Chicken Meat Industry Act 1977 - - 0

Commercial Tenancy (Retail Shops) Agreements Act 1985 – s 13 1385 1383 1278

Commercial Tenancy (Retail Shops) Agreements Act 1985 – excluding s 13 52 57 69

Competition Policy Reform (Western Australia) Act 1996 - - 0

Construction Contracts Act 2004 8 11 9

Control of Vehicles (Off-road Areas) Act 1978 - - 0

Co-operative and Provident Societies Act 1903 - - 0

Consumer Credit Code 84 2 0

Credit Act 1984 0 0 1

Credit (Administration) Act 1984 - - 0

Cremation Act 1929 - - 0

Dangerous Goods Safety Act 2004 12 2 2

Dog Act 1976 19 13 21

Emergency Management Act 2005 - - 0

Fair Trading Act 1987 (WA) (repealed 1 January 2011 - original application type still applicable where investigations were on foot prior to Act being repealed) 2 0 2

Fair Trading Act 2010 0 0 1

Fair Trading (Retirement Villages Code) Regulations 2009 (given effect by s43 Fair Trading Act 1987) - - 0

Fire and Emergency Services Authority of Western Australia Act 1998 - - 0

Fire Brigades Act 1942 - - 0

Firearms Act 1973 60 49 75

First Home Owner Grant Act 2000 2 2 1

Food Act 2008 - - 0

Health Act 1911 13 10 11

Co

MM

eR

CIA

l &

CIV

Il



Health (Aquatic Facilities) Regulations 2007 (given effect by s341 Health Act 1911) 0 0 0

Health (Pesticides) Regulations 2011 (given effect by s341 Health Act 1911) - - 0

Hire Purchase Act 1959 - - 0

Home Building Contracts Act 1991 - - 1

Hospitals and Health services Act 1927 - - 0

Housing Societies Act 1976 - - 0

Local Government (Building Surveyors) Regulations 2008 (given effect by s373A and s373AAB Local Government (Miscellaneous Provisions) Act 1990 and s9.59 Local Government Act 1995) (repealed 2 April 2012 – original application type still applicable where investigations were on foot prior to the Act being repealed) - - 0

Local Government (Miscellaneous Provisions) Act 1960 (repealed 2 April 2012 – original application type still applicable where investigations were on foot prior to Act being repealed) 33 46 38

Major Events (Aerial Advertising) Act 2009 - - 0

Marketing of Potatoes Act 1946 0 0 1

Mines Safety and Inspection Levy Regulations 2010 (given effect by s104 Mines Safety and Inspection Act 1994) - - 0

Pawnbrokers and Second-hand Dealers Act 1994 - - 0

Perth Parking Management Act 1999 1 0 0

Petroleum and Geothermal Energy Resources Act 1967 0 0 0

Petroleum and Geothermal Energy Safety Levies Act 2011 - - 0

Petroleum (Submerged Lands) Act 1982 - - 0

Petroleum Pipelines Act 1969 - - 0

Petroleum Retailers Rights and Liabilities Act 1982 - - 0

Pharmacy Act 2010 - - 1

Poisons Act 1964 - - 0

Public Order in Streets Act 1984 - - 0

Radiation Safety Act 1975 - - 0

Rail Safety Act 2010 - - 0

Residential Parks (Long Stay Tenants) Act 2006 46 35 24

Retirement Villages Act 1992 9 7 10

Retirement Villages Regulations 1992 (given effect by s82 Retirement Villages Act 1992) - - 0

Road Traffic Act 1974 25 (15) 1* 6

Road Traffic (Authorisation to Drive) Regulations 2008 (given effect by s42 Road Traffic Act 1974) - 14 27

Royal Agricultural Society Act 1926 - 0 0

Strata Titles Act 1985 132 128 137

Taxation Administration Act 2003 7 8 10

Taxi Act 1994 0 9 6

Tobacco Products Control Act 2006 - - 0

Transport Co-ordination Act 1966 1 0 0

Transport (Country Taxi-car) Regulations 1983 (given effect by s472F Transport Co-ordination Act 1966) - - 0

Western Australian Meat Industry Authority Act 1976 - - 0

Commercial and Civil Stream Total Applications 1933 (1825) 1811* 2334

Co

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eR

CIA

l &

CIV

Il


AppenDICeS


Adoption Regulations 1995 (given effect by s10, s107 & s143 Adoption Act 1994) - - 0

Children and Community Services Act 2004 0 5 2

Equal Opportunity Act 1984 65 53 65

Gender Reassignment Act 2000 (appeals to SAT) (6) 0* (7) 0* 1

Guardianship and Administration Act 1990 3530 3744 4536

Industrial Relations Act 1979 1 0 0

Mental Health Act 1996 6 6 12

Human Rights Stream Total (3608) 3602* (3815) 3808* 4616

Aboriginal Heritage Act 1972 1 6 4

Agricultural and Related Resources Protection Act 1976 - - 0

Armadale Redevelopment Act 2001 (repealed 31 December 2011) 2 3 0

Biological Control Act 1986 - - 0

Biosecurity and Agricultural Management Act 2007 - - 0

Country Areas Water Supply Act 1947 0 0 0

Country Towns Sewerage Act 1948 - - 0

East Perth Redevelopment Act 1991 (repealed 31 December 2011) 2 0 0

East Perth Redevelopment Regulations 1992 (given effect by s57 East Perth Redevelopment Act 1991 - repealed 31 December 2011) - - 0

Energy Coordination Act 1994 - - 0

Fish Resources Management Act 1994 2 1 0

Fisheries Adjustment Schemes Act 1987 - - 0

Fishing and Related Industries Compensation (Marine Reserves) Act 1997 0 12 0

Gas Standards Act 1972 - - 0

Heritage of Western Australia Act 1990 - - 0

Hope Valley-Wattleup Redevelopment Act 2000 2 6 2

Jetties Act 1926 0 0 1

Land Administration Act 1997 6 11 4

Land Drainage Act 1925 - - 0

Litter Act 1979 - - 0

Local Government Act 1995 19 23 49

Maritime Archaeology Act 1973 0 0 0

Metropolitan Redevelopment Authority Act 2011 0 0 0

Metropolitan Redevelopment Authority Regulations 2011 (given effect by s131 Metropolitan Redevelopment Authority Act 2011) - - 0

Metropolitan Water Authority Act 1982 - - 0

Metropolitan Water Supply, Sewerage and Drainage Act 1909 - - 0

Midland Redevelopment Act 1999 (repealed 31 December 2011) - - 0

Pearling Act 1990 - - 0

Perry Lakes Redevelopment Act 2005 - - 0

Planning and Development Act 2005 387 355 371

Planning and Development (Development Assessment Panels) Regulations 2011 (given effect by s171A Planning and Development Act 2005)

Planning and Development Regulations 2009 (given effect by s263 Planning and Development Act 2005) - - 0

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lo

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S



Plant Diseases Act 1914 - - 0

Rights in Water and Irrigation Act 1914 3 9 4

Roebourne Shire Town Planning Scheme No.8 (given effect by s87 Planning and Development Act 2005) - - 0

Soil and Land Conservation Act 1945 - - 0

State Superannuation Act 2000 - - 0

Strata Titles Act 1985 1 1 4

Subiaco Redevelopment Act 1994 (repealed 31 December 2011) - 1 0

Swan and Canning Rivers Management Act 2006 - 0 0

Taxation Administration Act 2003 3 4 6

Valuation of Land Act 1978 16 17 56

Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 - - 0

Waste Avoidance and Resources Recovery Act 2007 - - 0

Waste Avoidance and Resources Recovery Regulations 2008 (given effect by s96 Waste Avoidance and Recovery Act 2007) - - 1

Waste Avoidance and Resource Recovery Levy Regulations 2007 (given effect by s4 Waste Avoidance and Resource Recovery Levy Act 2007 and s7 Waste Avoidance and Resource Recovery Act 2007) 0 0 0

Water Agencies (Powers) Act 1984 - - 0

Water Boards Act 1904 - - 0

Water Services Licensing Act 1995 - - 0

Waterways Conservation Act 1976 - - 0

Development and Resource Stream Total 444 449 511

Architects Act 2004 2 0 0

Builders’ Registration Act 1939 (repealed 29 August 2011 – original application type still applicable where investigations were on foot prior to Act being repealed) 23 26 2

Building Services (Registration) Act 2011 - 0 2

Child Care Services Act 2007 2 2 4

Child Care Services Regulations 2007 (given effect by s52 and Sch1 cl23 Child care Services Act 2007) - - 0

Chiropractors Act 2005 (repealed) 2 1 0

Debt Collectors Licensing Act 1964 0 0 0

Dental Act 1939 (repealed) 3 5 0

Electricity (Licensing) Regulations 1991 (given effect by s32(3(faa) Electricity Act 1945 0 0 0

Employment Agents Act 1976 - - 0

Finance Brokers Control Act 1975 2 2 1

Forest Management Regulation 1993 (given effect by s126 Conservation and Land Management Act 1984) - - 0

Hairdressers Registration Act 1946 (repealed) 1 0 0

Health Practitioner Regulation National Law (WA) Act 2010 - 0 19

Human Reproductive Technology Act 1991 - - 0

Land Valuers Licensing Act 1978 2 0 0

Legal Practice Act 2003 (repealed) 49 0 0

Legal Profession Act 2008 11 54 45

Licensed Surveyors Act 1909 0 0

Local Government (Building Surveyors) Regulations 2008 - 0 2

Medical Act 1894 (repealed 1 December 2011) (Original application type still applicable where investigations were on foot prior to Act being repealed) 31 19 3

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AppenDICeS


Medical Practitioners Act 2008 (repealed 18 October 2010 – original application type still applicable where investigations were on foot prior to Act being repealed) - 3 9

Medical Radiation Technologies Act 2006 2 0 0

Motor Vehicle Dealers Act 1973 2 1 3

Motor Vehicle Drivers Instructors Act 1963 0 0 0

Motor Vehicle Repairers Act 2003 - - 0

Navigable Waters Regulations 1958 (given effect by s12 Shipping and Pilotage Act 1967, s4 Jetties Act 1926, and s99 Western Australian Marine Act 1982) - - 0

Nurses and Midwives Act 2006 (repealed) 8 8 0

Occupational Therapists Act 2005 - 1 0

Painters’ Registration Act 1961 (repealed 29 August 2011 – original application type still applicable where investigations were on foot prior to Act being repealed) 5 4 0

Pharmacy Act 1964 (repealed) 2 1 0

Physiotherapists Act 2005 (repealed) 1 0 0

Professional Combat Sports Act 1987 (repealed) - 2 0

Psychologists Act 2005 (repealed 18 October 2010 by Health Practitioner Registration National Law (WA) Act 2010 – original applications type still applicable where investigations were on foot prior to act being repealed) 6 3 2

Real Estate and Business Agents Act 1978 15 13 6

Security and Related Activities (Control) Act 1996 69 90 96

Settlement Agents Act 1981 5 4 3

Shipping and Pilotage Act 1967 0 0 0

Shipping and Pilotage (Ports and Harbours) Regulations 1966 (given effect by s12 Shipping and Pilotage Act 1967) 0 0 0

Trade Measurement Act 2006 - - 0

Travel Agents Act 1985 - - 0

Veterinary Surgeons Act 1960 1 4 3

W.A Marine (Certificates of Competency and Safety Manning) Regulations 1983 (given effect by s10(f) and s10(g) of the Western Australia Marine Act 1982 - - 0

Water Services Licensing (Plumbers Licensing and Plumbing Standards) Regulations 2000 (given effect to by s61 Water Services Licensing Act 1995) 2 1 0

Workers Compensation and Injury Management Regulations 1982 (given effect by s277 Workers Compensation and Injury Management Act 1981) 0 0 0

Working With Children (Criminal Record Checking) Act 2004 14 7 5

Vocational Regulation Stream Total 260 251 205

State Administrative Tribunal Act 2004 3 1 1

TOTAL 6242 6320 7667

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Note: 1) It was previously reported that 15 matters were lodged under the Road Traffic Act 1974 in 2010/11. This was a typographical error and

should have read 1. The CC Stream and Year at a Glance totals were also affected and this has been adjusted accordingly. 2) It was previously reported that 6 and 7 matters were lodged under the Gender Reassignment Act 2000, in 2009/10 and 2010/11

respectively. These figures represent the total number of applications lodged not the number of appeals to SAT. No appeals were lodged in those reported periods.

3) The totals for CC and HR Streams, and Year at a Glance for 2009/10 and 2010/11 have been amended to reflect the changes as noted in 1) and 2) above.


APPENDIX 3 – MEMBER ACTIVITIES AND PUBLICATIONS

TABLE 13 Member activities

Date Attended Details

SAT professional development seminars on the second Tuesday of the month. Members and invited guests gave presentations on a range of current issues. Approximately 10 of these sessions are held each year.

Attended the member’s twilight session presented by Professor Robin Creyke titled, ‘The duty to inquire? Active engagement by members in Tribunal proceedings’.

Attended the Australian Institute of Administrative Law (AIAL) national conference in Canberra titled, ‘Democracy, participation and administrative law.’

Chaired the Law Society CPD Seminar - The role of lawyers in the Guardianship and Administration jurisdiction of SAT.

Presented at the Law Society CPD Seminar -The role of lawyers in the Guardianship and Administration jurisdiction of SAT. ‘Procedural Fairness’

Presented an overview of planning cases for local government officers at the WA Local Government Association (WALGA) State Convention at the Perth Convention Centre.

Presented an overview of planning cases for councillors at the WA Local Government Association (WALGA) State Convention at the Perth Convention Centre.

Presented a seminar titled, ‘A Practical Approach to Applications under the Guardianship and Administration Act 1990’, to health and allied professionals at Royal Perth Hospital.

Instructed at the 2011 ‘Practical Advocacy Weekend for Junior Practitioners’.

Attended the LEADR seminar on ‘Government agencies and mediation’.

Attended the Australian Red Cross session presented by Geoff Skillen and Magda Karagiannakis titled, ‘From Nuremberg to the Hague: a modern history of international criminal law and the forthcoming prosecution of General Ratko Mladic’.

Presided and attended the Tribunal’s ‘Kunamarri Conference’ - Fremantle.

Presented to the Western Australia College of Teaching (WACOT) Board a seminar regarding vocational regulation.

Attended the Tribunal member’s lunchtime forum, presented by Justice Janine Pritchard titled ‘Statutory interpretations: everything old is new again?’.

Adjudicated debate at the University of Western Australia’s (UWA) Law School titled, ‘Should there be a role for religion in the courts?’

Attended and presented a paper on ‘Mediation in strata schemes’ at the Conference on Strata and Community Titles, on the Gold Coast, Queensland.

Presented a seminar titled, ‘A Practical Approach to Applications under the Guardianship and Administration Act 1990’, to health and allied professionals at Albany Hospital.

Attended the Member’s twilight session, presented by Joanna Kalowski titled ‘Managing communication in the hearing room: reflections of an observer’.

Full time members

Full time members

Tim Carey

Justice Chaney

Felicity Child

Judge Parry, Marie Connor and Peter McNab

Judge Parry, Marie Connor and Maurice Spillane

Debbie Taylor

Justice Chaney

Judge Parry

Lisa Ward

Judiciary and Full time members

Justice Chaney

Full time members

Judge Parry

Bertus de Villiers

Debbie TaylorHannah Leslie

Full time members

Second Tuesday of each month

15/07/2011

21 to 22/07/2011

03/08/2011

03/08/2011

04/08/2011

05/08/2011

10/08/2011

12 to 14/08/2011

16/08/2011

17/08/2011

18 to 19/08/2011

01/09/2011

18/10/2011

23/08/2011

07 to 09/09/2011

26/09/2011

24/10/2011


AppenDICeS


Attended the Australasian Institute of Judicial Administration’s (AIJA) oration screening on ‘Vulnerable witnesses’.

Attended the DR Stream professional development seminar and planning day, Yanchep WA.

Attended the Planning Institute of Australia (WA) State Conference in Mandurah titled ‘Beyond Planning, Vision, Commitment, Infrastructure’.

Attended the Australian Institute of Administrative Law (AIAL) – AGM & Seminar – Robert Cock QC, Special Counsel to the Premier, Public Sector Commission, discussed the Marlon Noble Inquiry.

Presented a seminar titled, ‘A Practical Approach to Applications under the Guardianship and Administration Act 1990’, to health and allied professionals at Peel Health Campus.

Presented at the Strata Titles Institute of Western Australia (STIWA) Presentation, 2011.

Attended the Australian Institute of Administrative Law – Twilight seminar on ‘Democracy, Participation and Administrative Law’ delivered by Hon Patrick Keane, Chief Justice of the Federal Court.

Presented a paper at the Tenancy Network Annual State Conference titled, ‘State Administrative Tribunal – an insight’.

Attended Member’s twilight session presented by Professor James Raymond titled ‘Writing reasons for decisions’.

Presented a seminar titled, ‘A Practical Approach to Applications under the Guardianship and Administration Act 1990’, to health and allied professionals at Fremantle Hospital and Alma Street Clinic.

Presented a seminar titled, ‘A Practical Approach to Applications under the Guardianship and Administration Act 1990’, to health and allied professionals at Fremantle Hospital and Sir Charles Gairdner Hospital.

Attended the VCAT leadership group meeting Melbourne ‘Towards Tribunal Excellence’.

Presented a seminar titled, ‘A Practical Approach to Applications under the Guardianship and Administration Act 1990’, to health and allied professionals at Inner City Mental Health.

Presented a seminar titled, ‘Elder Law – older and wiser’, to professionals at Legal Aid, Western Australia.

Attended the National Hoarding and Squalor Conference in Sydney titled ‘Pathways Through the Maze’.

Presented a seminar titled, ‘A Practical Approach to Applications under the Guardianship and Administration Act 1990’, to health and allied professionals at Fremantle Hospital.

Presented to full time members of the Tribunal on ‘s32 - the soul of SAT’.

Attended as an adjudicator, at Murdoch University in an inter-university moot court competition.

Judge Parry

Judge Parry and the (DR) Stream – Full time members

Rebecca Moore

Lisa Ward, Sue Gillett and Felicity Child

Debbie Taylor

Clive RaymondBertus de VilliersLisa Ward

Lisa Ward

Tim Carey

Full time members

Debbie Taylor

Debbie Taylor

Justice Chaney

Debbie Taylor

Debbie Taylor

Felicity Child

Debbie Taylor

Bertus de Villiers

Bertus de Villiers

26/10/2011

13 to 14/11/2011

18/11/2011

21/11/2011

28/11/2011

30/11/2011

02/12/2011

06/12/2011

06/12/2011

18/01/2012

01/02/2012

10/2/2012

15/02/2012

17/02/2012

21 to 22/02/2012

22/02/2012

13/03/2012

17/03/2012



Attended the inaugural Mahla Pearlman AO Oration on Environmental Law in Sydney.

Presented on the topic ‘WA experience of tribunal consolidation’ at the Australian Institute of Administrative Law (AIAL) seminar on ‘The Reform of the NSW Tribunal System’ in Sydney.

Attended the Planning Institute Australia National Congress, Adelaide.

Attended a lecture by Richard Hassell, adjunct Professor, School of Architecture, University of Western Australia.

Presented a seminar titled, ‘A Practical Approach to Applications under the Guardianship and Administration Act 1990’, to Doctors, health and allied professionals at Armidale Hospital.

Participated in UWA Law Student Society Dinner Debate – ‘The world would be a better place without lawyers’.

Presented an ‘Overview of SAT’ in the WA Bar Readers’ Course.

Conducted training and assessment for sessional members of the Tribunal involved in mediator training and accreditation.

Participated in an Advocacy Skills Workshop.

Attended the Strata Communities Conference, National Strata Industry Convention.

Attended the Council of Australian Tribunals (COAT) conference held in Sydney, ‘The Tribunal of Tomorrow’. Justice Chaney, President of the Tribunal chaired the session ‘Social Media in Tribunal Proceedings: Evidentiary and Case Management Challenges’.

Addressed the Stirling Branch (Royal Association of Justices of Western Australia) at the annual dinner.

Attended and answered questions at the meeting of the Law Society of WA Environment, Town Planning and Local Government Committee.

Presented a seminar titled “Responding to Elder Abuse: A collaborative forum” to professionals on behalf of the Australian Association of Gerontology.

Attended a seminar on ‘Confiscation – your place or mine’ presented by the WA Society of Jewish Jurists and Lawyers Inc

Judge Parry

Judge Parry

Jim Jordan

Rebecca Moore

Murray Allen

Justice Chaney

Judge Parry

Bertus de Villiers

Justice Chaney

Lisa Ward

Justice Chaney and a number of full time members

Justice Chaney

Judge Parry

Debbie Taylor

Judge Parry

29/03/2012

30/03/2012

29 to 02/05/2012

30/04/2012

01/05/2012

11/5/2012

23/05/2012

25/05/2012

25 to 27/5/2012

28 to 29/05/2012

07 to 08/06/2012

13/6/2012

14/06/2012

14/06/2012

18/06/2012

TABLE 14 Members’ publications

Member Publication

Bertus de Villiers ‘Research abroad: will the internet kill the dream?’ (Brief - 26 to 27 July: 2011).

Bertus de Villiers ‘Strata title – legal and policy issues’ (Brief - 16 to 17 February 2012).

Bertus de Villiers ‘Strata titles, mediation and restorative justice’ (Brief - 26 to 30 June 2012).

Bertus de Villiers ‘Secession – the last resort for minority protection’ 2012 Journal for African and Asian Studies.

Bertus de Villiers ‘Creating federal regions – minority protection versus sustainability’ 2012 Heidelberg Journal of International Law (pages: 72(2) 309-352).

Bertus de Villiers ‘Language, Cultural and Religious Minorities: What and Who are they?’ 2012 University of Western Australia Law Review (pages: 36(1) 67-89).

Judge Parry and ‘Guide to proceedings in the WA State Administrative Tribunal’ (Lawbook Co / ThomsonReuters, 2012) Bertus de Villiers


AppenDICeS

APPENDIX 4 – JUDICIAL AND FULL TIME MEMBERS

TABLE 15 Judicial and full time members

Judicial member Areas of work/expertise

State Administrative Tribunal’s judicial and full time members appointed under the State Administrative Tribunal Act 2004.

Justice John Chaney President of the Tribunal – Supreme Court Justice

Judge Tim Sharp Deputy President of the Tribunal – Judge of the District Court

Judge David Parry Deputy President of the Tribunal – Judge of the District Court

Full time members Areas of work/expertise

David Aitken Lawyer

Murray Allen Senior Member – Lawyer

Timothy Carey Lawyer

Felicity Child Lawyer, Social Worker

Dr Bertus De Villiers Lawyer

Susan (Sue) Gillett Social Worker

James (Jim) Jordan Urban and Regional Planner

Jacobus (Jack) Mansveld Social Worker, Accountant

*Peter McNab Senior Member – Lawyer – appointed as a senior member on 6 September 2011

Rebecca Moore Architect

Marie O’Connor Urban and Regional Planner

*Natasha Owen-Conway Lawyer - appointed as an ordinary member on 6 September 2011

Clive Raymond Senior Member - Lawyer

Maurice Spillane Senior Member - Lawyer

Debbie Taylor Senior Member - Lawyer

Charlotte Wallace Lawyer

Lisa Ward Lawyer

*Did not hold the position for the full reporting period.

All full time members professional profiles are available on the Tribunal’s website www.sat.justice.wa.gov.au g About SAT g Key Personnel


APPENDIX 5 – SESSIONAL MEMBERS

TABLE 16 Sessional members – senior

Member Areas of work/expertise

State Administrative Tribunal senior sessional members and ordinary sessional members appointed under section 117(3), as at 1 January 2010.

John Adderley Retired Town Planner

Richard Affleck Executive Director Construction Company

Michael Anderson Chartered Accountant, Arbitrator and Mediator

Hans Beyer Finance Broker

Kenneth Bradley Accountant, Former Public Trustee

Kevin Burgoyne Lawyer and Quantity Surveyor

Dr Simon Carlin Chiropractor

Dr Roger Clarnette Medical Practitioner

Dr Philip Cockerill Dentist

Abigail Davies Lawyer

Donna Dean Social Worker, Former Human Rights Ordinary Member of the Tribunal

Patric De Villiers City Planning Consultant

Lesley Doherty Hairdresser and Business Proprietor

Ross Easton Architect

Chris Edmonds SC Lawyer

Antony Ednie-Brown Consultant Architect

David Ellis Barrister, Arbitrator, Mediator and Adjudicator

Philip Faigen Builder, Architect and Arbitrator

Dr Louise Farrell Medical Practitioner

John Fisher Chartered Engineer, Arbitrator and Mediator

Laurence Foley Podiatrist

Dr Stuart Gairns Periodontist

Prof Alexander Gardner Lawyer, University Academic (Law)

Dr Alison Garton Psychologist

Lloyd Graham Retired Town Planner

Dr Helen Hankey Doctor of Medicine

Catherine (Katie) Hill Occupational Therapist

Brian Hunt Consultant Planner

Dr Eric Isaachsen Medical Practitioner

John James Psychologist

Steven Jongenelis Psychologist

Margaret Jordan Lawyer

Prof Max Kamien AM CitWA Medical Practitioner

Ross Ledger Chartered Accountant

Hannah Leslie Lawyer

Dr Michael Levitt Medical Practitioner

David Liggins Real Estate Agent, Licensed Valuer

Prof George Lipton Psychiatrist

Roger Macknay Lawyer, Retired District Court Judge, QC

Jeffrey Mazzini Finance Broker

Dr Alan McCutcheon Medical Practitioner

Kevan McGill Engineer

Judy McGowan Lawyer

Dr Barry Mendelawitz Retired Medical Practitioner

David Moore Valuer

Jacqueline Musk Magistrate


PRESIDENT’S REPORT

AppenDICeS


Dr Frederick Ng Psychiatrist and Doctor of Medicine

Catherine O’Brien Retired Judge (WA) and Lawyer

Val O’Toole Social Worker

Michael Odes QC Lawyer

Dr Anne Passmore Occupational Therapist, University Lecturer

Dr Christine Pears Dentist

Dr Christopher Phillips Lawyer & Mediator

Patrick Pinder Retired Architect, Town Planner

Geoffrey Potter Accountant, Real Estate Agent

Josephine Stanton Consultant in Health and Welfare

Dr Daniel Stepniak Lawyer

Dr Anthony Vigano Veterinary Surgeon

Hon Robert Viol Lawyer, Retired District Court Judge

Brigadier A Gerry Warner Australian Defence Force (Retired)

Mark Wiklund Physiotherapist

Dr Peter Winterton Medical Practitioner

Angela Workman Medical Board, Medical Radiation Technologist

Darianne Zambotti Occupational Therapist

TABLE 17 Sessional members – ordinary


Keith Bales Retired Lawyer

Ross Campbell Electrical Fitter, Security Agent

Prof Robyn Carroll Lawyer

Anthony Coulson Travel Agent

Peter Curry Mediator, Agricultural Scientist

Mary Elgar Travel Agent, Nurse

Barbara Holland Educational and Vocational Consultant

Mark Houlahan Arbitrator and Valuer

Assoc Prof Bronwyn Jones University Academic (Nursing)

Kerry Kemp Social Worker

Karen Lang Lawyer

Dr Linley Lord University Academic (Business)

Richard Machell Principal for Contract and Consulting Specialist

Alexander MacNaghten Real Estate Agent, Land Valuer

Andrea McCallum Lawyer

Hannah McGlade Lawyer

Christopher Marsh Registered Builder and Mediator

David Miller Architect and Building Consultant

Peter Mittonette Registered Builder

Darren Mouchemore Building Surveyor, Registered Builder

Colin Parker Registered Builder

Elain Pavlos CEO and Director of Nursing

Anne Seghezzi Lawyer

Nigel Shaw Architect and Planner

Anthony Townsend Retired Motor Vehicle Dealer

Robert Travers Engineer and Draftsman

Barbara Webster Senior Resource Consultant, Health

Paul Wellington Architect, Lawyer, Arbitrator

Christina Winsor Managing Director Settlement Agency

Carmela Yom-Tov Lawyer

Armand Zurhaar Chemist and Scientific Consultant


APPENDIX 6 – TRIBUNAL PAMPHLETS

TABLE 18 tribunal pamphlets

Pamphlet StreamIntroduction All

Access and Facilities All

A guide for Interpreters in SAT All

A guide for experts giving evidence in the State Administrative Tribunal CC, DR and VR

Mediation in the State Administrative Tribunal CC, DR and VR

Section 31 invitation by SAT for decision maker to reconsider its decision CC, DR and VR

Commercial & Civil CC

A Guide for the conduct of Applications to Review the decisions of the Building Disputes Tribunal CC

Your Guide to making an application under the Residential Parks (Long-stay Tenants) Act 2006 CC

Development & Resources DR

Information about Class 1 planning applications DR

Information about Class 2 planning applications DR

Documents that may be required by the State Administrative Tribunal in planning applications DR

Third Party participation in planning matters. DR

A Guide to professional applicants in Guardianship and Administration matters HR

Guardianship and Administration Act 1990: Information concerning conduct of hearings HR

Guardianship and Administration Act 1990: Applications and Proceedings HR

Human Rights HR

Vocational VR

Address 4th Floor, 12 St Georges terrace perth postal address Gpo Box u1991, perth 6845 telephone (08) 9219 3111 1300 306 017 (cost of a local call) Fax (08) 9325 5099 Web sat.justice.wa.gov.au