ANNUAL REPORT - sat.justice.wa.gov.au · SAT building. The work is comprised of six individual paintings, ... In January 2018, full time Ordinary Member Karen Whitney was appointed

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ANNUAL REPORT2017 / 2018

http://www.sat.justice.wa.gov.au

Public Artwork on Levels 1 to 6 in the State Administrative Tribunal Building

Levels of a Forest, 2015 – Clare McFarlane

Level 1 – Leaf Litter Level 4 – BranchesLevel 2 – Undergrowth Level 5 – CanopyLevel 3 – Trunks Level 6 – Clouds and Sky

The public artwork in the State Administrative Tribunal Building, which is entitled, Levels of a Forest by Art-ist Clare McFarland, has been created to reflect the forest theme of the internal design and to enhance the welcoming and calm interior of the SAT building. The work is comprised of six individual paintings, each one being displayed in the public lobby on every level.

Each painting represents a layer of the forest mimicking the vertical progression from the forest floor, through the trunks and canopy and beyond. Layers of pattern and colours are woven together to create impressions of natural forms and light, capturing the essential nature of each strata. Floating over this sur-face are abstracted tree canopies realised in timber panels. These forms serve to relate the work strongly to the interior design as well as provide a frame through which we glimpse the sunlight through a forest. Conceptually, the artwork is intended to be viewed as one painting but each level stands as a work in its own right.

An image of the six individual paintings in descending order is above.

An image of the six individual paintings in descending order is above.

CONTENTSPRESIDENT’S OVERVIEW 2

ABOUT THE TRIBUNAL 4Role 4Vision, Objectives and Values 4Organisational Structure 5

SERVICE DELIVERY 6At a Glance 6Lists 7

Commercial and Civil (CC) 7Development and Resources (DR) 9Human Rights (HR) 11Vocational Regulation (VR) 12

How Disputes were Resolved 13Representation 14

INITIATIVES AND ACHIEVEMENTS 15

RESOURCING 16

LEGISLATION 17

THE YEAR AHEAD 18

APPENDICES 19Appendix 1 – Legislation Defining Our Jurisdiction 19Appendix 2 – Applications by Legislation 23Appendix 3 – Judicial and Full Time Members 26Appendix 4 – Sessional Members 27

Photos courtesy of Department of Justice.

2 State Administrative Tribunal Western Australia / Annual Report 2017/18

MEMBERSHIP OF THE TRIBUNAL

Judge David Parry was reappointed as a Deputy President of the Tribunal and resumed work at the Tribunal on 9 October 2017. Since that time Judge Parry has had exclusive management of planning matters in the Tribunal as part of a ‘Planning Group’ to hear the majority of planning matters.

In January 2018, full time Ordinary Member Karen Whitney was appointed for a five year term as President of the Mental Health Tribunal of Western Australia.

SERVICE DEMAND, PERFORMANCE AND RESOURCING

The demand for the Tribunal’s services continued to grow modestly during 2017/18, increasing by greater than 5% over the previous year.

The Tribunal continued its high performance against the timeliness KPI of 15 weeks that forms part of the State Government’s budget process. The KPI measures the median time taken to finalise matters across the Tribunal excluding Guardianship & Administration and s13(7) of the Commercial Tenancies (Retail Shops) Agreements Act. It is again enormously pleasing that the Tribunal achieved a KPI result of 12 weeks for the second reporting period compared to 16 weeks in 2015/16.

This is a considerable achievement when considering the Tribunal was down a full time Member (Ms Karen Whitney) from 1 January 2018.

There has been a continuous and significant reduction in the time to finalise Commercial and Civil (CC) matters (80% of these matters were finalised within 23 weeks, well below the target of 28 weeks). This reduction in time to finalisation is a reflection of the Senior Members ownership of list types which has created a more efficient and dynamic management of these matters, particularly at the directions stage of the hearing process.

PRESIDENT’S OVERVIEW

Annual Report 2017/18 / State Administrative Tribunal Western Australia 3

PRESIDENT’S REPORTPRESIDENT’S OVERVIEW

The ‘Planning Group’ consists of 3 full time members together with Judge Parry this represents a resourcing commitment to the Planning Group of 21% of the Tribunal resources. Further, the Planning Group was supplemented by the part time use of another full time member and sessional members. Planning matters represent 4.7% of applications received.

In the Development and Resources work of the Tribunal, which consists primarily of planning reviews, the time to finalise 80% of matters increased by 3 weeks from 35 weeks to 38 weeks in the reporting period.

During my tenure in the Tribunal I have implemented new processes, some of the more significant were the listing of matters based on their legislative jurisdiction, the broader use of members over the wider depth of the Triubnal’s jurisdiction and the introduction of the Online Resolution Tool to enable on-line lodgement, mediation and adjudication. These with other changes have made the Tribunal more assessable, effective and efficient with considerable savings in the use of sessional members.

The positive results are a credit to the work of all the members and staff. I am very appreciative of the work of each and every one of them.

ON-LINE RESOLUTION

Further development of on-line resolution tools for guardianship and administration matters is still a priority of the Tribunal to support the public and professional in this highly sensitive area.

I would like to thank Senior Member Charlotte Wallace and Ordinary Member Lisa Eddy for their continuing work in preparing the Guardianship and Administration content.

APPRECIATION

The members and staff of the Tribunal continue to provide great service for which I am very appreciative. In particular, I wish to thank the Deputy President Judge Sharp and Kathleen Halden, the Executive Officer.

This is my last report as President, as I am going to the General Division of the Supreme Court (WA).

The Tribunal is an independent judicial body. It is not a government board or committee, however as the President of the Tribunal I have ensured during my tenure that gender balance has been taken into account in recommending the reappointment and the appointment of new members to the Tribunal.

In the last four years I have reappointed and appointed:

Reappointed

MALES = 4FEMALES = 5

Appointed

MALES = 2FEMALES = 5

This has achieved an equity balance of 59% female to male ratio within the Tribunal membership and I am confident that the Tribunal is well positioned to meet the future needs of the community.

I have thoroughly enjoyed working with the Members and Staff of the Tribunal; their hard work and commitment have made my job a pleasure, I wish the Tribunal, Members and Staff all the best for the future.

The Hon. Justice Jeremy CurthoysPresidentState Administrative Tribunal Western Australia


The State Administrative Tribunal is established under the State Administrative Tribunal Act 2004 (SAT Act). It is an independent body that makes and reviews a wide range of administrative decisions in the areas of human rights, vocational regulation, town planning, resource development and commercial and civil disputes. The Tribunal receives its power to hear matters from over 150 pieces of enabling legislation.

The Tribunal’s approach is less formal than a court, flexible and transparent. The Tribunal:

• aims to make the correct or preferable decision based on the merits of each application;

• is not a court and, therefore, strict rules of evidence do not apply;

• encourages the resolution of disputes through mediation;

• allows parties to be represented by a lawyer, a person with relevant experience or by themselves;

• holds hearings in public in most cases; and

• provides reasons for all decisions and publishes most decisions on its website.

VISION, OBJECTIVES AND VALUESThe 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:

• To achieve the resolution of questions, complaints or disputes, and make or review decisions, fairly and according to the substantial merits of the case;

• To act as speedily and with as little formality and technicality as is practicable, and minimise the costs to parties; and

• To make appropriate use of the knowledge and experience of Tribunal members.

SAT’S CORE VALUES ARE:

• Excellent Service;• Integrity and Accountability;• Equity and Fairness;• Collaboration and Learning; and• Professional Autonomy.

BEHAVIOURS ARE GUIDED BY:

• Members’ and Staff Codes of Conduct;• Continuing professional development;• A commitment to diversity;• Providing all reasonable assistance;• Offering sustainable services; and• A commitment to a safe workplace.

ABOUT THE TRIBUNAL

ORGANISATIONAL STRUCTURE

DEPUTY PRESIDENTHis Honour

Judge David Parry

DEPUTY PRESIDENTHis Honour

Judge Tim Sharp

EXECUTIVE MANAGER

Kathleen Halden

PRESIDENTThe Hon. Justice Jeremy Curthoys

MEMBERS*

17 full time72 sessional

Business Support

Commercial and CivilDevelopment and Resources

Vocational Regulation

Human Rights

* See Appendices 3 and 4 for a full list of members.

ABOUT THE TRIBUNAL



TABLE 3 Applications, clearance rates and timeliness

1 The calculation of the median and 80th percentile result associated with Commercial and Civil work excludes Commercial Tenancy (Retail Shops) Agreements Act 1985 section 13(7), section 13(7b) and section 14A(3) applications.

2 The target applies to the Guardianship and Administration list only.3 The significant decline in Human Rights lodgements in 2016/17 onwards is due to a change in guardianship and administration application processes

implemented in Q4 2015/16.

AT A GLANCE

TABLE 1 Caseflow across the Tribunal

2015/16 2016/17 2017/18

Received 8,097 6,864 7,247

Finalised 8,335 6,906 7,329

Pending 1,283 1,208 1,101

Clearance rate 103% 101% 101%

TABLE 2 Applications received by type

Application Types 2015/16 2016/17 2017/18

Commercial and Civil 2,050 2,293 2,709

Development and Resources 433 383 364

Human Rights 5,402 3,925 3,932

Vocational Regulation 206 255 242

SAT (Applications under the SAT Act)

6 8 0

Tribunal Total 8,097 6,864 7,247

GRAPH 1 Applications received by type

n Commercial and Civil (38%) n Development and Resource (5%) n Human Rights (54%) n Vocational Regulation (3%)

Applications Lodged

2017/18 Clearance

Rates

Timeliness (weeks)

Group 2015/16 2016/17 2017/182017/18 Median

2017/1880th

Percentile

80th Percentile

Target

Commercial and Civil1 2,050 2,293 2,709 101% 10 23 28

Development and Resources 433 383 364 100% 21 38 30

Human Rights2,3 5,402 3,925 3,932 102% 8 10 10

Vocational Regulation 206 255 242 92% 9 24 27

SAT (Applications under the SAT Act)

6 8 0 -

Tribunal Total 8,097 6,864 7,247 101%

SERVICE DELIVERY


PRESIDENT’S REPORTSERVICE DELIVERY

GRAPH 2 SAT caseload

LISTSAll of the Tribunal’s enabling Acts are allocated to a list and each list is overseen by a judge or senior member. Although some members with specialist qualifications and experience work mainly in certain areas of jurisdiction (such as guardianship and administration, and planning and development), members are otherwise available to hear and mediate matters across the Tribunal.

Details of the enabling legislation included in each list and the number of applications received under each piece of legislation are presented at Appendices 1 and 2.

COMMERCIAL AND CIVIL LISTS

The Commercial and Civil (CC) area of work is the most diverse of the Tribunal’s jurisdiction. The number of applications in the CC lists increased again this year by 15% from the previous year and accounted for 37% of all applications lodged. 50% of CC applications were finalised within 10 weeks of being received, which was an improvement of 1 week compared to the previous year.

The Tribunal took 23 weeks to complete 80% of CC matters, a significant reduction of 9 weeks from the previous year and 5 weeks below its target of 28 weeks. This reduction in time to finalisation is a reflection of the Senior Members ownership of list types which has created a more efficient and dynamic management of these matters, particularly at the directions stage of the hearing process.

Building and Construction

The number of Building and Construction related applications (260) reduced in this reporting period when compared with the previous 2 years (309 and 302 respectively). 93% of those applications were under the Building Services (Complaint Resolution and Administration) Act 2011, of which 64% (s11(1)(d)) were referrals from the Building Commissioner regarding building disputes and remedy orders and 12% (s55) were applications for review from parties aggrieved by a decision of the Building Commissioner under the Act.

Commercial

In the 2016/2017 reporting year the Tribunal was conferred jurisdiction under the Associations Incorporation Act 2015 for the resolution of disputes between members of an incorporated association or between members and the incorporated association.

The Tribunal’s jurisdiction is limited to disputes under or relating to the rules of the incorporated association and only when the dispute has not been able to be resolved through the association’s own dispute resolution procedure. 24 applications were received under the Act which represents a small increase.

In several instances the association did not have a dispute resolution procedure in place and are not required to until July 2019, causing some confusion amongst applicants about the appropriate avenue to pursue their dispute.

Commercial Lease Amendments

77% (2,076) of CC applications were in the Commercial Lease Amendments list, which was an increase of 6% over the previous year due to a number of large retail centres across Perth being redeveloped, which is in line with the previous reporting period.

These applications are dealt with on the documents without the need for hearings. By volume they are the second highest type of application received by the Tribunal. The Tribunal mandated e-lodgement for these applications as of 4 July 2016 after providing information sessions for law firms to assist them in transitioning from the

Received Finalised Pending

n 2015/16 n 2016/17 n 2017/18

8,09

7

8,33

5

1,28

3

6,86

4

6,90

6

1,20

8

7,24

7

7,32

9

1,10

1


SERVICE DELIVERY

previous manual application process. This change yielded significant efficiencies and positions the Tribunal to deal with those applications in a full e-file environment in the near future.

Residential Parks and Retirement Villages

The Residential Parks and Retirement list reviews decisions and resolves disputes involving caravan parks, camping grounds, retirement villages and long stay residential parks.

The number of applications in the list reduced by 12% from the previous reporting period. In the previous reporting period there had been a significant increase due to applications by operators of residential parks for the Tribunal to order a long-stay tenant to give vacant possession of their site to the operator for failing to pay rent. This may reflect a reduction in these types of applications by operators of residential parks.

Strata Titles

The number of applications under the Strata Titles Act 1985 increased by 6% over the previous year.

The nature of strata title disputes may lend themselves to being resolved completely on-line and were therefore chosen for inclusion in the development of an on-line dispute resolution tool being developed by the Department of Justice. The initial component of the tool, which provides information about strata title disputes and possible solutions, was released on the e-Courts Portal of Western Australia. Further development of the tool to include party-to-party communication, on-line mediation and resolution was included in the Department of Justice eCourts Strategy for 2017/18 however with the proposed amendments to strata title legislation this implementation has been delayed.

The Tribunal continued to provide comment to Landgate as part of that agencies consultation with stake-holders on significant amendments to the strata title legislation and a new Communities Titles Bill which, when introduced, will broaden the Tribunal’s jurisdiction and powers to make it the specialist forum in Western Australia to handle strata disputes. This increased jurisdiction will also increase the Tribunal’s workload significantly.

TABLE 4 CC Applications, clearance rates and timeliness

Applications Lodged

2017/18 Clearance

Rate

Timeliness (weeks)

Group 2015/16 2016/17 2017/182017/18 Median

2017/18 80th

Percentile

80th Percentile

Target

Building and Construction 302 309 260 95% 9 23

Commercial 47 56 58 95% 12 28

Commercial Lease Amendments1 1,410 1,623 2,076 102%

Domestic Animals 29 21 14 86% 5 7

Firearms 5 15 27 48% 9 16

Health and Safety 6 6 7 86% 7 14

Licences 27 28 32 106% 6 11


40 54 43 105% 9 14

Strata Titles 166 155 169 102% 11 25

Taxation 18 26 23 130% 25 37

Overall Commercial and Civil1 2,050 2,293 2,709 101% 10 23 28

1 The calculation of the median and 80th percentile result for the Commercial and Civil list excludes the Commercial Lease Amendments list which is purely administrative in nature and which if included would distort the overall results.


GRAPH 3 CC workload

SERVICE DELIVERY

GRAPH 4 CC Applications finalised by list1

n Building and Construction (40%)n Commercial (9%) n Domestic Animals (2%)n Firearms (2%)n Health and Safety (1%)n Licences (6%)n Residential Parks and Retirement Villages (7%)n Strata Titles (28%)n Taxation (5%)

1 Does not include the Commercial Lease Amendments list which are purely administrative in nature and which if included would distort the representation of areas which impose most workload in the CC lists.

DEVELOPMENT AND RESOURCES LISTS

The number of applications in the Development and Resource (DR) lists decreased by 5% to 364 and was the lowest it has been since at least 2012/13. The time taken to finalise 80% of DR matters was 38 weeks, an increase of 3 weeks on the previous year.

Planning and Development

With the return of Judge David Parry in October 2017, the President established a ‘Planning Group’ headed by Judge Parry and three fulltime ordinary members with considerable planning experience to manage and hear all planning and development matters.

2015/16 2016/17 2017/18

2,05

0

2,29

3 2,70

9

1,96

1 2,38

6 2,74

0

n Applications received n Applications finalised

The Planning and Development list consists primarily of reviews of decisions by state and local government authorities in relation to town planning applications. There was a decrease of nearly 19% in the number of applications under s252(1) of the Planning and Development Act 2005 consistent with the decrease in 2016/17 period (20%).

Applications under the Planning and Development (Local Planning Schemes) Regulations 2015 remained the same as the previous year (31).

Applications for review of decisions made by Development Assessment Panels (DAPs) decreased slightly by (4%) but remained a significant component of the Tribunal’s planning and development jurisdiction. DAPs determine development applications that meet set type and value thresholds as if it were the responsible authority under the relevant planning instrument, such as the local planning scheme or region planning scheme. Review of DAP applications cannot be determined by local government or the Western Australian Planning Commission.

Applications under s6.77 of the Local Government Act 1995 for review of land rating decisions by local government authorities reduced by 11% this period to 8 applications.


Valuation and Compensation

The Valuation and Compensation list deals with the valuation of land and compensation for land owners associated with the compulsory acquisition of their land by government. While low in number, these matters are typically complex and can have a significant impact on the work of judicial and senior members of the Tribunal. The list is dominated by applications for review of land valuation decisions by the Valuer General.

GRAPH 6 DR applications finalised by list

n Planning and Development (95%)n Valuation and Compensation (4%)n Agriculture and Fisheries (1%)

TABLE 5 DR Applications, clearance rates and timeliness

Applications Lodged

2017/18 Clearance

Rate

Timeliness (weeks)

Lists 2015/16 2016/17 2017/182017/18 Median

2017/18 80th

Percentile

80th Percentile

Target

Agriculture and Fisheries 10 8 4 100% 12 25

Planning and Development 406 350 341 101% 22 38

Valuation and Compensation 17 25 19 84% 11 50

Overall Development and Resources

433 383 364 100% 21 38 30

SERVICE DELIVERY

GRAPH 3 CC workload

2015/16 2016/17 2017/18

433

383

364

449

373

365



HUMAN RIGHTS LISTS

Guardianship and Administration

Proceedings in the Guardianship and Administration list predominantly involves 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 reviewing those orders. The Guardianship and Administration Act 1990 (GA Act) also 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 imprudent personal decisions, or by ill-advised or unscrupulous decisions of other people.

The number of applications lodged under the GA Act remained consistent to the previous year, with a reduction of 15 applications 3,864 (-0.04%).

Guardianship and administration orders must be reviewed by the Tribunal at least every five years. Reviews of this type accounted for 31% of proceedings under the GA Act. Reviews sought by parties accounted for 11% of proceedings under the GA Act.

The Tribunal achieved its target of finalising 80% of guardianship and administration proceedings within 10 weeks of lodgement. This is consistent with the previous two years and comparable to other tribunals across Australia. The median time to finalise matters remained the same as the previous reporting period, 8 weeks.

The Tribunal participated in the Select Committee into Elder Abuse and on recommedation of the committee made changes to software programs and processes to support the outcomes, specifically in Guardianship and Administration matters.

Human Rights

The Human Rights list includes applications concerning alleged discrimination under the Equal Opportunity Act 1984 (EO Act), reviews of decisions made by the Mental Health Review Tribunal, the Gender Reassignment Board and the Chief Executive Officer of the Department for Child Protection and Family Support.

The number of applications under the EO Act, which comprise the bulk of matters in the Human Rights list (excluding GAA applications), increased by 54% from the previous reporting period.

TABLE 6 HR Applications, clearance rates and timeliness

Applications Lodged

2017/18 Clearance

Rate

Timeliness (weeks)

Lists 2015/16 2016/17 2017/182017/18 Median

2017/18 80th

Percentile

80th Percentile

Target

Guardianship and Administration1 5,351 3,879 3,864 102% 8 9

Human Rights2 51 46 68 100% 11 24

Overall Human Rights3 5,402 3,925 3,932 102% 8 10 10

1 The significant decline in Guardianship and Administration lodgements in 2016/17 onwards is due to a change in guardianship and administration application processes implemented in Q4 2015/16.

2 Human Rights excluding Guardianshiip and Administration applications.3 The target applies to the Guardianship and Administration list only.

SERVICE DELIVERY

GRAPH 7 HR workload

2015/16 2016/17 2017/18

5,40

2

3,92

5

3,93

2

5,71

1

3,88

9

4,00

0



GRAPH 9 VR applications finalised by legislation

n Education and Care Services National Law (WA) Act 2012 (7%)

n Health Practitioner Regulation National Law (WA) Act 2010 (18%)

n Legal Profession Act 2008 (6%)n Real Estate and Business Agents

Act 1978 (6%)n Security and Related Activities

(Control) Act 1996 (40%)n Other (23%)

VOCATIONAL REGULATION

The work of the Tribunal in the Vocational Regulation (VR) list 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.

The Tribunal received 242 applications under the VR list, slightly down from 255 (5% reduction) in the previous year. Appendix 2 sets out the number of applications received under each of the 22 pieces of enabling legislation in the VR list. Security agents continued to dominate the list, accounting for 36% of VR applications.

Much of the work in the VR list is performed by judicial members of the Tribunal who are required to preside over applications involving legal professionals, and generally preside over hearings concerning health practitioners, real estate agents, settlement agents and working with children applications.

80% of VR applications were finalised within 27 weeks from the date of lodgement, which is a increase of 6 weeks compared to the previous year, however it met Tribunal’s target of 80% of matters being finalised within 27 weeks. The increase was attributable to more complex matters increasing the time to finalisation.

TABLE 7 VR Applications, clearance rates and timeliness

Applications Lodged

2017/18 Clearance

Rate

Timeliness (weeks)

Lists 2015/16 2016/17 2017/182017/18 Median

2017/18 80th

Percentile

80th Percentile

Target

Education and Care Services National Law (WA) Act 2012

14 13 15 100% 11 29

Health Practitioner Regulation National Law (WA) Act 2010

26 43 53 74% 15 47

Legal Profession Act 2008 17 27 21 67% 21 37

Real Estate and Business Agents Act 1978

18 13 11 127% 8 11

Security and Related Activities (Control) Act 1996

95 108 87 101% 3 8

Others 36 51 55 95% 14 34

Overall Vocational Regulation 206 255 242 92% 9 24 27

SERVICE DELIVERY

GRAPH 8 VR workload

2015/16 2016/17 2017/18

206

255

242

209 25

1

222



HOW DISPUTES WERE RESOLVEDThe Tribunal aims to resolve most of the applications in its review jurisdictions by applying Facilitative Dispute Resolution (FDR) techniques to assist parties to create their own solutions to resolving a dispute, rather than have a win/loss decision imposed upon them. The parties also avoid the time and expense of having to participate in a final hearing.

The Tribunal has adopted the phrase of ‘Facilitative Dispute Resolution’ in preference to the more commonly used ‘Alternative Dispute Resolution’. This reflects the Tribunal’s view that the resolution of disputes by agreement between parties should be the primary means of resolving disputes as opposed to being an alternative. FDR is undertaken by all full time members of the Tribunal and some sessional members. The majority of these members are accredited mediators.

FDR processes in the Tribunal involve the use of directions hearings, mediations, compulsory conferences and invitations under section 31 of the SAT Act to an original decision-maker to reconsider its decision. The latter is particularly relevant to the Planning and Development list.

The Tribunal is also conscious of its statutory objective to act speedily in dealing with matters before it. This requires active case management and judicious allocation of resources to services such as mediation for which no fee is charged.

TABLE 8 How disputes were resolved

List Method of Resolution

Adjudication at First Hearing FDR Other2

Agriculture and Fisheries

33.333% 33.333% 33.333%


19% 29% 52%

Commercial 23% 13% 64%

Commercial Lease Amendments1

n/a n/a n/a

Domestic Animals 11% 0% 89%

Firearms 44.44% 11.11% 44.44%

Guardianship and Administration1

n/a n/a n/a

Human Rights 24% 27% 49%

Health and Safety 25% 25% 50%

Licences 16% 8% 76%


15% 48% 37%


56% 8% 36%

Strata Titles 15% 13% 72%

Taxation 14% 32% 54%


6.67% 46.67% 46.67%

Vocational Regulation 13% 38% 49%

Total 18% 31% 51%

1 Excludes Commercial Lease Amendments and Guardianship and Administration list matters.

2 Where the final hearing type is ‘Hearing’ then the resolution method is classified as ‘Adjudication’, where the final hearing type is ‘Decision in Chambers’ the hearing prior to it is referenced for determining the resolution method, where the final hearing type is ‘Mediation’ or ‘Compulsory Conference’ then the resolution method is classified as ‘Facilitative Dispute Resolution’ (FDR) and all other final hearing types (eg: Directions, Interim) are classified as ‘Other’.

SERVICE DELIVERY

Overall, the number of mediation sessions held reduced by 8% compared to the previous year. Despite this the over-all percentage of disputes resolved through FDR techniques remained high at 82% and was consistent with the previous year’s result of 79%.


REPRESENTATIONThe Tribunal is generally a ‘no costs’ jurisdiction, meaning parties usually bear their own costs in proceedings before the Tribunal. The ability for parties to represent themselves in proceedings rather than engaging professional representation is an important element in minimising their costs. The information provided to parties by the Tribunal and the manner in which proceedings are conducted by its members support these objectives.

The Tribunal administers a pro bono legal services scheme for the referral of unrepresented parties to participating legal practitioners or town planners. 31 practitioners have registered with the Tribunal for participation in the scheme. The scheme is used sparingly for situations where the Tribunal forms an opinion that representation is appropriate in the interests of the administration of justice having regard for the vulnerability of the person, their financial circumstances, the nature and

1 Legally Represented only includes those matters where a party was represented by a legal practitioner at the completion of the matter.2 Excludes Commercial Lease Amendments and Guardianship and Administration list matters.

TABLE 9 Applicant and Respondent Representation

List Applicant Respondent

Legally Represented1

Self Represented

Legally Represented1

Self Represented

Agriculture and Fisheries 50% 50% 75% 25%

Building and Construction 27% 73% 28% 72%

Commercial 28% 72% 37% 63%

Commercial Lease Amendments n/a n/a n/a n/a

Domestic Animals 0% 100% 33% 67%

Firearms 15% 85% 0% 100%

Guardianship and Administration2 n/a n/a n/a n/a

Health and Safety 0% 100% 17% 83%

Human Rights 27% 73% 33% 67%

Licences 15% 85% 0% 100%

Planning and Development 30% 70% 37% 63%

Residential Parks and Retirement Villages 4% 96% 7% 93%

SAT Act Matters 0% 100% 0% 100%

Strata Titles 15% 85% 15% 85%

Taxation 55% 45% 62% 38%

Valuation and Compensation 38% 63% 38% 63%

Vocational Regulation 18% 82% 26% 74%

Total2 24% 76% 28% 72%

SERVICE DELIVERY

complexity of the matter and their ability to obtain advice or representation from outside the scheme. Nine referrals were made under the scheme during the reporting period.

Table 9 details the rates of legal representation for the different lists where this is recorded by the Tribunal. The overall rates of representation for applicants and respondents were very similar at 24% and 28% respectively. Representation in guardianship and administration matters is not recorded however the number of such applications where parties are legally represented is negligible. Pursuant to Schedule 1, cl 13(4) of the Guardianship and Administration Act 1990, the Tribunal may direct the Executive Officer to apply to Legal Aid on behalf of a proposed/represented person, otherwise known as a referral. As a result of this Legal Aid (WA) regarding their services to parties in guardianship and administration matters, and a protocol is now in place that outlines the referral process.


INITIATIVES AND ACHIEVEMENTS

The anticipated benefits of a number of initiatives that were implemented by the Tribunal in 2015/16 have been realised over the last two reporting periods. Automated email distribution of orders, notices and correspondence to parties directly from the Tribunal’s integrated case management system (ICMS) resulted in a 35% reduction in items being sent by postal service in the 2016/17 reporting period and a further reduction in this reporting period of 50%. This represents a 77% reduction in these mail items over two years (2015/16 compared to 2017/18). That equated to approximately 40,000 mail items less per year. The Tribunal is currently sending approximately 21,000 mail items a year compared to 62,295 two years ago.

The Tribunal is continuing to promote correspondence by email and to progress the development of eLodgement. Parties continue to receive Tribunal documents more quickly and at less cost to the Tribunal.

The pilot on-line resolution tool for guardianship and administration matters that was released in 2016 was developed further to enable eLodgement of applications, which went live on 4 July 2017. The Tribunal chose to mandate eLodgement for these applications, of which it receives nearly 4,000 annually. This, in addition to commercial tenancy applications has resulted in approximately 75% of applications being submitted using eLodgement during the 2017/18 year.

These initiatives were made possible by the development work undertaken by the Department of Justice as part of the Court and Tribunal Services eCourts Strategic Plan, which is an ongoing project.


BUDGET PERFORMANCEThe Tribunal’s operating expenditure for this financial year was $21,218,907. This is a reduction over the previous year. In the last report the Tribunal used the net operating expenditure (actual expenditure less revenue) in its reporting. This year and for the previous two comparative periods in this report the Tribunal has moved to the overall operating expenditure figures to reflect the Department of Justice reporting practices and for better comparison over various publications.

RESOURCING

2015/16 2016/17 2017/18

Judicial members 3 2 2.73#

Full time members 19 18 17.5#

*Sessional members 4 3 3

Staff 75.6 69 69

Total* 101.6 92 91.87

TABLE 11 Human Resources*

* funded full time equivalent# Judge Parry returned to the Tribunal on 9 October 2017# Ordinary Full Time member Karen Whitney ceases at the Tribunal on

29 December 2017

HUMAN RESOURCESThe Tribunal’s full time equivalent (FTE) allocation of judges, members and staff decreased from 92 to 91.87 in 2017/18. Even with the return of His Hon. Judge David Parry in Oct 2017, the Tribunal lost Ms Karen Whitney a full time ordinary member on 29 December 2017. The Tribunal is still waiting to replace Ms Whitney.

2015/16 2014/15$

2015/16$

2016/17$

Budget $26,883,186* $22,884,332 $21,292,905

Actual $24,249,069* $20,139,375 $21,218,907

Variance $2,624,117 $2,744,958 $73,998

TABLE 10 Operating Expenditure

* Figures amended from that shown in the 2015/16 reporting to reflect an accounting treatment for the allocation of state government resources provided for the fitout of the Tribunal’s new accommodation.


LEGISLATION

CHANGES TO SAT LEGISLATIONThere was a minor change to the State Administrative Tribunal Regulations 2004 to give effect to the change of Fair Trading (Retirement Villages Code) Regulations 2015 to the Fair Trading (Retirement Villages Interim Code) Regulations 2018.

The other new conferrals of jurisdiction to the Tribunal as set below did not require an amendment to the State Administrative Tribunal Regulations 2004.

LEVEL OF COMPLIANCE BY DECISION MAKERSSection 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 right to seek review; 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 in this respect.

NEW CONFERRALS OF JURISDICTIONDuring the year the Tribunal was conferred with additional jurisdiction under the following pieces of legislation:

• Fair Trading (Retirement Villages Interim Code) Regulations 2018

• Health (Asbestos) Regulations 1992• Police Act 1892• Public Health Act 2016


The number of guardianship and administration matters received by the Tribunal this year remained constant, with a small increase in the overall Human Rights matters by less than 0.5%. The overall number of applications received this year has grown by 5.3%), demand for the Tribunal’s services in 2018/19 is expected to grow as is the ongoing trend.

Tribunal is aware of and has contributed to proposed amendments to Strata Titles Amendment Bill 2018 and a new Community Titles Bill 2018 that will broaden the Tribunal’s jurisdiction and powers to make it the specialist forum in Western Australia to handle strata title disputes. Such amendments will result in a significant increase in applications to the Tribunal and the need for an increase in resources, this is anticipated to be realised in late 2018/19 or the 2019/20 reporting period.

The President created a Planning Group headed by Deputy President, Judge David Parry which commenced on his return to the Tribunal in October 2017. Finalisation for planning matters has increased since this change and may reflect the need for further changes to the management of planning matters in 2018/19.

Additional jurisdictions will also be gained and increase the number of applications brought before the Tribunal impacting its resourcing, by the coming into operation of the following Bills: Biodiversity Conservation Bill 2016; Historical Homosexual Convictions Expungement Bill 2017; Heritage Bill 2017; Liquor Control Amendment Bill 2018; Local Government Amendment (Suspension and Dismissal) Bill 2018; and Residential Tenancies Legislation Amendment (Family Violence) Bill 2018.

THE YEAR AHEAD


APPENDIX 1 – LEGISLATION DEFINING OUR JURISDICTION

Act Original Review List

Aboriginal Heritage Act 1972 x x Planning and DevelopmentAdoption Act 1994 x Human RightsAdoption Regulations 1995 (given effect by s 10, s 107, s 143 Adoption Act 1994)

x Licences

Aerial Spraying Control Act 1966 x Agriculture and FisheriesAgricultural Produce Commission Act 1988 x Agriculture and FisheriesAnimal Welfare Act 2002 x Agriculture and FisheriesArchitects Act 2004 x x Vocational RegulationAssociations Incorporation Act 2015 x CommercialBiological Control Act 1986 x Agriculture and FisheriesBiosecurity and Agriculture Management Act 2007 x Agriculture and FisheriesBiosecurity and Agriculture Management Regulations 2013 (given effect by s 188 Biosecurity and Agriculture Management Act 2007)

x Agriculture and Fisheries

Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013 (given effect by s 188 Biosecurity and Agriculture Management Act 2007)


Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013 (given effect by s 188 Biosecurity and Agriculture Management Act 2007)


Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013 (given effect by s 188 Biosecurity and Agriculture Management Act 2007)


Births, Deaths and Marriages Registration Act 1998 x Human RightsBuilding Act 2011 x Building and ConstructionBuilding Regulations 2012 (given effect by s 149 Building Act 2011)

x Building and Construction

Building Services (Complaint Resolution and Administration) Act 2011 x x Building and ConstructionBuilding Services (Registration) Act 2011 x x Vocational RegulationBusiness Names Act 1962 x CommercialCaravan Parks and Camping Grounds Act 1995 x Residential Parks and

Retirement VillagesCaravan Parks and Camping Grounds Regulations 1997 (given effect by s 28 Caravan Parks and Camping Grounds Act 1995)

x Residential Parks and Retirement Villages

Cat Act 2011 x Domestic AnimalsCat (Uniform Local Provisions) Regulations 2013 (given effect by s 77 Cat Act 2011)

x Domestic Animals

Cemeteries Act 1986 x Vocational RegulationChattel Securities Act 1987 x CommercialChicken Meat Industry Act 1977 x Agriculture and FisheriesChild Care Services Act 2007 x x Vocational RegulationChild Care Services Regulations 2007 (given effect by s 52 and Sch 1 cl. 23 Child Care Services Act 2007)

x Vocational Regulation

Children and Community Services Act 2004 x x Human RightsCombat Sports Act 1987 x Vocational RegulationCommercial Tenancy (Retail Shops) Agreements Act 1985 x CommercialCompetition Policy Reform (Western Australia) Act 1996 x CommercialConstruction Contracts Act 2004 x x CommercialControl of Vehicles (Off-road Areas) Act 1978 x LicencesCountry Areas Water Supply Act 1947 x Planning and DevelopmentCredit (Administration) Act 1984 x x Commercial

APPENDICES


Act Original Review ListCredit Act 1984 x CommercialCremation Act 1929 x Human RightsDangerous Goods Safety Act 2004 x Health and SafetyDebt Collectors Licensing Act 1964 x x Vocational RegulationDog Act 1976 x x Domestic AnimalsDog Regulations 2013 (given effect by s 54 Dog Act 1976)

x Domestic Animals

Education and Care Services National Law (WA) Act 2012 x x Vocational RegulationElectricity (Licensing) Regulations 1991 (given effect by s 32(3)(faa) Electricity Act 1945)


Electricity (Network Safety) Regulations 2015 (given effect by s 32 Electricity Act 1945)

x Health and Safety

Emergency Management Act 2005 x Health and SafetyEmployment Agents Act 1976 x x Vocational RegulationEnergy Coordination Act 1994 x Planning and DevelopmentEqual Opportunity Act 1984 x Human RightsFair Trading Act 2010 x x Residential Parks and

Retirement VillagesFair Trading (Retirement Villages Interim Code) Regulations 2018 (given effect by s 46 Fair Trading Act 2010)


Finance Brokers Control Act 1975 x x Vocational RegulationFire and Emergency Services Act 1998 x Planning and DevelopmentFire Brigades Act 1942 x Health and SafetyFirearms Act 1973 x FirearmsFirst Home Owner Grant Act 2000 x CommercialFish Resources Management Act 1994 x Agriculture and FisheriesFisheries Adjustment Schemes Act 1987 x x Agriculture and FisheriesFishing and Related Industries Compensation (Marine Reserves) Act 1997 x x Agriculture and FisheriesFood Act 2008 x Health and SafetyGas Standards Act 1972 x x Planning and DevelopmentGender Reassignment Act 2000 x Human Rights

Graffiti Vandalism Act 2016 x Planning and Development

Guardianship and Administration Act 1990 x x Guardianship and Administration

Health (Aquatic Facilities) Regulations 2007 (given effect by s 341 Health (Miscellaneous Provisions) Act 1911)


Health (Asbestos) Regulations 1992 (given effect by s 341 Health (Miscellaneous Provisions) Act 1911

x Health and Safety

Health (Miscellaneous Provisions) Act 2011 x x Health and SafetyHealth (Pesticides) Regulations 2011 (given effect by s 341 Health (Miscellaneous Provisions) Act 1911)


Health Practitioner Regulation National Law (WA) Act 2010 x x Vocational RegulationHeritage of Western Australia Act 1990 x x Planning and DevelopmentHire Purchase Act 1959 x CommercialHome Building Contracts Act 1991 x Building and ConstructionHope Valley-Wattleup Redevelopment Act 2000 x Planning and DevelopmentHuman Reproductive Technology Act 1991 x x Vocational RegulationIndustrial Relations Act 1979 x CommercialJetties Act 1926 x Planning and DevelopmentLand Administration Act 1997 x x Valuation and

Compensation

APPENDICES


Act Original Review List

Land Valuers Licensing Act 1978 x x Vocational Regulation

Legal Profession Act 2008 x x Vocational RegulationLicensed Surveyors Act 1909 x x Vocational RegulationLimited Partnerships Act 2016 x CommercialLitter Act 1979 x Planning and DevelopmentLocal Government Act 1995 x x Planning and DevelopmentMajor Events (Aerial Advertising) Act 2009 x Planning and Development

Maritime Archaeology Act 1973 x Planning and DevelopmentMarketing of Potatoes Act 1946 x x Agriculture and FisheriesMedicines and Poisons Act 2014 x Health and Safety

Mental Health Act 1996 x x Human RightsMetropolitan Redevelopment Authority Act 2011 x Planning and Development

Metropolitan Redevelopment Authority Regulations 2011 (given effect by s 131 Metropolitan Redevelopment Authority Act 2011)

x Planning and Development

Metropolitan Water Supply, Sewerage and Drainage Act 1909 x Planning and DevelopmentMinerals Research Institute of Western Australia Act 2013 x Planning and DevelopmentMines Safety and Inspection Levy Regulations 2010 (given effect by s 104 Mines Safety and Inspection Act 1994)

x Health and Safety

Mining Rehabilitation Fund Act 2012 x Planning and DevelopmentMotor Vehicle Dealers Act 1973 x x Vocational RegulationMotor Vehicle Drivers Instructors Act 1963 x Vocational RegulationMotor Vehicle Repairers Act 2003 x x Vocational RegulationNavigable 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)


Pawnbrokers and Second-hand Dealers Act 1994 x x Vocational RegulationPearling Act 1990 x Agriculture and FisheriesPerth Parking Management Act 1999 x Planning and DevelopmentPetroleum and Geothermal Energy Resources Act 1967 x x CommercialPetroleum and Geothermal Energy Safety Levies Act 2011 x CommercialPetroleum Pipelines Act 1969 x Commercial

Petroleum Retailers Rights and Liabilities Act 1982 x CommercialPetroleum (Submerged Lands) Act 1982 x x CommercialPharmacy Act 2010 x Vocational RegulationPlanning and Development Act 2005 x x Planning and DevelopmentPlanning and Development Regulations 2009 (given effect by s 263 Planning and Development Act 2005)


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


Planning and Development (Local Planning Schemes) Regulations 2015 (given effect by s 256 Planning and Development Act 2005)


Plumbers Licensing and Plumbing Standard Regulations 2000 (given effect by s 61 Plumbers Licensing Act 1995)

x x Vocational Regulation

Police Act 1892 x Commercial

Private Hospitals and Health Services Act 1927 x Commercial

Public Health Act 2016 x Health and SafetyPublic Order in Streets Act 1984 x Planning and DevelopmentRadiation Safety Act 1975 x Health and Safety

APPENDICES


Act Original Review ListRail Safety National Law (WA) Act 2015 x x Health and SafetyReal Estate and Business Agents Act 1978 x x Vocational RegulationResidential Parks (Long Stay Tenants) Act 2006 x x Residential Parks and

Retirement VillagesRetirement Villages Act 1992 x Residential Parks and

Retirement VillagesRetirement Villages Regulations 1992 (given effect by s 82 Retirement Villages Act 1992)


Rights in Water and Irrigation Act 1914 x Agriculture and FisheriesRoad Traffic (Administration) Regulations 2014 (given effect by s 143 Road Traffic (Administration) Act 2008)

x Licenses

Royal Agricultural Society Act 1926 x Agriculture and FisheriesSecurity and Related Activities (Control) Act 1996 x x Vocational RegulationSettlement Agents Act 1981 x x Vocational RegulationShipping and Pilotage (Ports and Harbours) Regulations 1966 (given effect by s 9(2)(ae)(ii) and s 12 Shipping and Pilotage Act 1967)


Soil and Land Conservation Act 1945 x Agriculture and FisheriesState Administrative Tribunal Act 2004 x x State Administrative

Tribunal Act 2004 MattersState Superannuation Act 2000 x CommercialStrata Titles Act 1985 x x Strata TitlesSwan and Canning Rivers Management Act 2006 x Planning and DevelopmentTaxation Administration Act 2003 x x TaxationTaxi Act 1994 x LicensesTeacher Registration Act 2012 x x Vocational RegulationTobacco Products Control Act 2006 x x Health and SafetyTransport Co-ordination Act 1966 x LicensesTransport (Country Taxi-car) Regulations 1983 (given effect by s 47ZF Transport Co-ordination Act 1966)

x Licenses

Valuation of Land Act 1978 x Valuation and Compensation

Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 x Agriculture and FisheriesVeterinary Surgeons Act 1960 x x Vocational RegulationWA Marine (Certificates of Competency and Safety Manning) Regulations 1983 (given effect by s 10(f) and s 10(g) Western Australia Marine Act 1982)


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


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)


Water Agencies (Powers) Act 1984 x Planning and DevelopmentWater Services Act 2012 x x Planning and DevelopmentWater Services Regulations 2013 (given effect by s 222 Water Services Act 2012)


Waterways Conservation Act 1976 x Planning and DevelopmentWestern Australian Meat Industry Authority Act 1976 x Agriculture and FisheriesWorkers’ Compensation and Injury Management Regulations 1982 (given effect by s 277 Workers Compensation and Injury Management Act 1981)


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

APPENDICES


APPENDIX 2 – APPLICATIONS BY LEGISLATION

No. of Applications

Matter Type List Act 2015/16 2016/17 2017/18

CO

MM

ERC

IAL

AN

D C

IVIL


Building Act 2011 36 34 17

Building Regulations 2012 2 1 1

Building Services (Complaint Resolution and Administration) Act 2011

264 274 242

Commercial

Associations Incorporation Act 1987 1 1 0

Associations Incorporation Act 2015 0 18 24

Chattel Securities Act 1987 0 1 0

Commercial Tenancy (Retail Shops) Agreements Act 1985 - excluding s13(7), s13(7b) and s14A(3)

33 29 26

Construction Contracts Act 2004 7 3 1

Credit Act 1984 1 0 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)

0 1 0

Fair Trading Act 2010 2 3 7

First Home Owner Grant Act 2000 2 0 0

State Superannuation Act 2000 1 0 0

Commercial Lease Amendments

Commercial Tenancy (Retail Shops) Agreements Act 1985 - s13(7), s13(7b) and s14A(3)

1,410 1,623 2,076

Domestic Animals

Cat (Uniform Local Provisions) Regulations 2013 0 0 1

Cat Act 2011 1 0 0

Dog Act 1976 27 21 13

Dog Regulations 2013 1 0 0

Firearms Firearms Act 1973 5 15 27

Health and SafetyDangerous Goods Safety Act 2004 0 4 0

Health (Miscellaneous Provisions) Act 1911 6 2 7

Licences

Road Traffic (Administration) Regulations 2014 20 27 30

Road Traffic Act 1974 6 0 0

Taxi Act 1994 1 1 1

Transport Co-ordination Act 1966 0 0 1


Caravan Parks and Camping Grounds Act 1995 1 3 2

Residential Parks (Long Stay Tenants) Act 2006 29 43 38

Retirement Villages Act 1992 10 8 3

Strata Titles Strata Titles Act 1985 166 155 169

TaxationLocal Government Act 1995 7 15 10

Taxation Administration Act 2003 11 11 13

Commercial and Civil Total Applications 2,050 2,293 2,709

APPENDICES


No. of Applications


DE

VEL

OPM

ENT

AN

D R

ESO

UR

CE

S

Agriculture and Fisheries

Animal Welfare Act 2002 1 3 0

Biosecurity and Agriculture Management Act 2007 0 1 0

Fish Resources Management Act 1994 2 0 1

Health (Pesticides) Regulations 2011 1 0 0

Marketing of Potatoes Act 1946 1 1 0

Pearling Act 1990 1 0 0

Rights in Water and Irrigation Act 1914 4 3 2

Soil and Land Conservation Act 1945 0 0 1


Aboriginal Heritage Act 1972 0 1 0

Country Areas Water Supply Act 1947 0 1 0

Hope Valley-Wattleup Redevelopment Act 2000 1 0 3

Local Government Act 1995 16 12 10

Metropolitan Redevelopment Authority Act 2011 2 2 3

Planning and Development Act 2005 339 274 263

Planning and Development (Development Assessment Panels) Regulations 2011

28 25 26

Planning and Development (Local Planning Schemes) Regulations 2015

15 31 31

Strata Titles Act 1985 0 2 1

Swan and Canning Rivers Management Act 2006 1 0 0

Waste Avoidance and Resource Recovery Act 2007 1 0 0

Waste Avoidance and Resource Recovery Levy Regulations 2008

0 2 2

Water Services Act 2012 3 0 1

Water Services Regulations 2013 0 0 1


Land Administration Act 1997 3 8 3

Valuation of Land Act 1978 14 17 16

Development and Resource Total Applications 433 383 364

No. of Applications


HU

MA

N R

IGH

TS

Guardianship and Administration

Guardianship and Administration Act 1990 5,351 3,879 3,864

Human Rights

Adoption Act 1994 0 1 0

Births, Deaths and Marriages Registration Act 1998 0 1 2

Children and Community Services Act 2004 3 5 15

Equal Opportunity Act 1984 35 22 34

Mental Health Act 1996 5 0 0

Mental Health Act 2014 8 17 17

Human Rights Total Applications 5,402 3,925 3,932

APPENDICES


No. of Applications


SAT SAT Act Matters State Administrative Tribunal Act 2004 6 8 0

TOTAL APPLICATIONS FOR ALL STREAMS Total Applications 8,097 6,864 7,247

No. of Applications


VOC

ATI

ON

AL

RE

GU

LATI

ON

Vocational Regulation

Builders Registration Act 1939 0 1 0

Building Services (Registration) Act 2011 6 12 13

Combat Sports Act 1987 0 2 1

Education and Care Services National Law (WA) Act 2012

14 13 15

Health Practitioner Regulation National Law (WA) Act 2010

26 43 53

Legal Profession Act 2008 17 27 21

Licensed Surveyors Act 1909 0 1 1

Local Government Act 1995 4 9 8

Motor Vehicle Dealers Act 1973 2 0 3

Motor Vehicle Drivers Instructors Act 1963 0 0 1

Motor Vehicle Repairers Act 2003 1 3 4

Nurses and Midwives Act 2006 (repealed) 1 0 0

Pawnbrokers and Second-hand Dealers Act 1994 0 1 0

Pharmacy Act 2010 0 0 1

Plumbers Licensing and Plumbing Standards Regulations 2000

3 1 0

Real Estate and Business Agents Act 1978 18 13 11

Security and Related Activities (Control) Act 1996 95 108 87

Settlement Agents Act 1981 0 0 3

Teacher Registration Act 2012 1 3 7

Veterinary Surgeons Act 1960 6 5 6

Workers Compensation and Injury Management Regulations 1982

3 1 0

Working With Children (Criminal Record Checking) Act 2004

9 12 7

Vocational Regulation Total Applications 206 255 242

APPENDICES

The reduction in matters from the reporting period, 2015/16 was due to an administrative review which consolidated guardianship applications with administration applicantions, there was no reduction in work load, only a simplification in process to assist the public in making one application.


APPENDIX 3 – JUDICIAL AND FULL TIME MEMBERS

1 Judge David Parry appointed as Deputy President from 9 October 2017.2 Karen Whitney resigned 29 December 2017.

www.sat.justice.wa.gov.au g About SAT g Structure of SAT g Key Personnel

Member Position

Justice Jeremy Curthoys President

Judge Tim Sharp Deputy President (Snr.)

Judge David Parry1 Deputy President

David Aitken Senior Member

Jack Mansveld Senior Member

Maurice Spillane Senior Member

Charlotte Wallace Senior Member

Tim Carey Ordinary Member

Felicity Child Ordinary Member

Marie Connor Ordinary Member

Dr Bertus de Villiers Ordinary Member

Patric de Villiers Ordinary Member

Lisa Eddy Ordinary Member

Patricia Le Miere Ordinary Member

Hannah Leslie Ordinary Member

David MacLean Ordinary Member

Rebecca Moore Ordinary Member

Natasha Owen-Conway Ordinary Member

Rosetta Petrucci Ordinary Member

Delaney Quinlan Ordinary Member

Karen Whitney2 Ordinary Member

APPENDICES


Member Areas of work/expertise

Dr Peter Adamson Veterinary Surgeon

John Adderley Town Planner (Retired)

Murray Allen1 Lawyer

Richard Affleck Executive Director Construction Company

Michael Anderson Chartered Accountant, Arbitrator and Mediator

Kevin Burgoyne2 Lawyer and Quantity Surveyor

Dr Simon Carlin Chiropractor

Prof Robyn Carroll3 Lawyer and University Academic (Law)

Dr Roger Clarnette Medical Practitioner

Dr Philip Cockerill4 Dentist

Peter Curry Environmental Consultant

Abigail Davies5 Lawyer

Donna Dean6 Social Worker

Hilton Dembo Lawyer

Dr Anne Donnelly7 Medical Practitioner

Stephen Doyle8 Lawyer

Ross Easton Architect

Chris Edmonds SC9 Senior Counsel (Retired)

Antony Ednie-Brown10 Architect Consultant

Scott Ellis Barrister, Arbitrator, Mediator and Adjudicator

Philip Faigen11 Builder, Architect and Arbitrator

Dr Louise Farrell Medical Practitioner

John Fisher Civil Engineer, Arbitrator and Mediator

Laurence Foley12 Podiatrist

Dr Stuart Gairns Periodontist

Assoc Prof Alexander Gardner13 Lawyer and University Academic (Law)

Dr Alison Garton Psychologist

Sue Gillett Social Worker

Lloyd Graham14 Town Planner (Retired)

Dr Helen Hankey Medical Practitioner

Malcolm Harford Lawyer

Brian Hunt Land Surveyor and Planning Consultant

Dr Eric Isaachsen15 Medical Practitioner

John James16 Psychologist

Katherine Jefferies Medical Practitioner

Steven Jongenelis Clinical Psychologist

Jim Jordan Planner

Karen Lang Lawyer

APPENDIX 4 – SESSIONAL MEMBERSSESSIONAL MEMBERS – SENIOR

APPENDICES



Ross Ledger17 Real Estate Managing Director and Chartered Accountant

Dr David Marshall Veterinary Surgeon

Jeffrey Mazzini Finance Broker

Andrea McCallum18 Lawyer

Dr Alan McCutcheon19 Medical Practitioner

Kevan McGill Electrical Engineer

Judy McGowan20 Lawyer and University Academic (Business Law)

Dr Barry Mendelawitz Medical Practitioner (Retired)

David Moore Valuer

Jacqueline Musk21 Magistrate (Retired)

Dr Frederick Ng Psychiatrist

Val O’Toole22 Social Worker

Dr Christine Pears Dentist

Mr Christopher Phillips23 Lawyer and Mediator

Patrick Pinder Architect (Retired) and Planner

Geoffrey Potter24 Real Estate Agent and Accountant

Clive Raymond25 Legal Professional

Christopher Shanahan SC26 Barrister

Josephine Stanton27 Health and Welfare Consultant

Assoc Prof Daniel Stepniak28 Lawyer and University Academic (Law)

Prof Bryant Stokes29 Medical Practitioner

Debbie Taylor30 Lawyer

Dr Anthony Vigano Veterinary Surgeon

Hon Robert Viol31 Lawyer and District Court Judge (Retired)

Mark Wiklund Physiotherapist

Dr Peter Winterton Medical Practitioner

Angela Workman Medical Radiation Technologist and Former Member of the Medical Radiation Technologists Registration Board of Western Australia

Darianne Zambotti Occupational Therapist

Armand Zurhaar Chemist and Scientific Consultant

SESSIONAL MEMBERS – SENIOR

1. Murray Allen appointment expired 31 December 2017.2. Kevin Burgoyne appointment expired 31 December 2017.3. Prof Robyn Carroll appointment expired 31 December 2017.4. Dr Philip Cockerill appointment expired 31 December 2017.5. Abigail Davies appointment expired 31 December 2017.6. Donna Dean appointment expired 31 December 2017.7. Dr Anne Donnelly appointed 29 August 20178. Stephen Doyle appointment expired 31 December 2017.9. Chris Edmonds SC appointment expired 31 December 2017.10. Antony Ednie-Brown appointment expired 31 December 2017.11. Philip Faigen appointment expired 31 December 2017.12. Laurence Foley appointment expired 31 December 2017.13. Assoc Prof Alexander Gardner appointment expired 31 December 2017.14. Lloyd Graham appointment expired 31 December 2017.15. Dr Eric Isaachsen appointment expired 31 December 2017.16. John James appointment expired 31 December 2017.

17. Ross Ledger appointment expired 31 December 2017.18. Andrea McCallum appointment expired 31 December 2017.19. Dr Alan McCutcheon appointment expired 31 December 2017.20. Judy McGowan appointment expired 31 December 2017.21. Jacqueline Musk appointment expired 31 December 2017.22. Val O’Toole appointment expired 31 December 2017.23. Christopher Phillips appointment expired 31 December 2017.24. Geoffrey Potter appointment expired 31 December 2017.25. Clive Raymond appointment expired 31 December 2017.26. Christopher Shanahan SC appointed 29 August 201727. Josephine Stanton appointment expired 31 December 2017.28. Assoc Prof Daniel Stepniak appointment expired 31 December 2017.29. Prof Bryant Stokes appointed 29 August 201730. Debbie Taylor appointment expired 31 December 2017.31. Hon Robert Viol appointment expired 31 December 2017.

APPENDICES



Richard Adams Debt Collector and Real Estate Agent

David Anderson Painting and Decorating Inspector

Keith Bales Lawyer (Retired)

Judith Bell Planner

Renate Brown1 Real Estate Agent

Wayne Burg Lawyer and Pharmacist

Bruce Callow Architect and Builder

Ross Campbell Electrical Fitter and Security Agent

Dr Nadine Caunt2 Psychiatrist

Geoffrey Church Accountant

Suzanne Churn3 Builder

Mary Ciccarelli Teacher

Greg Clune4 Teacher

Prof. Catherine Cole5 Paediatric Haematologist and Oncologist

Kim Doherty6 Civil Engineer and Arbitrator

Robert Goodchild7 Technical Education Officer, Plumber, Gas Fitter and Engineer

Wesley Gregory8 Builder

Neville Harrison Builder

Barbara Holland9 Educational and Vocational Consultant

Hon Assoc Prof Bronwyn Jones University Academic (Nursing)

Kerry Kemp10 Social Worker

Raymond Kershaw11 Builder

Dr Linley Lord University Academic (Business)

Dr Dee-Anna Luong12 Dentist

Richard Machel13 Contract, Management and Construction Consulting Specialist

Alexander MacNaghten14 Land Valuer and Real Estate Agent

James Malcolm Environmental Consultant

Christopher Marsh Builder and Mediator

Paul Marshall Builder

John Martin Valuer and Real Estate Agent

Hannah McGlade15 Lawyer

Roger Meakes16 Engineer Consultant

David Miller17 Architect and Building Consultant

Peter Mittonette18 Builder and Consultant

Darren Mouchemore19 Building Surveyor (Retired)

Colin Parker20 Builder

SESSIONAL MEMBERS – ORDINARY

APPENDICES


SESSIONAL MEMBERS – ORDINARY

1. Renate Brown appointment expired 31 December 2017.2. Dr Nadine Caunt appointed 29 August 2017.3. Suzanne Churn appointed 29 August 2017.4. Greg Clune appointment expired 31 December 2017.5. Prof. Catherine Cole appointment expired 31 December 2017.6. Kim Doherty appointment expired 31 December 2017.7. Robert Goodchild appointment expired 31 December 2017.8. Wesley Gregory appointed 29 August 2017.9. Barbara Holland appointment expired 31 December 2017.10. Kerry Kemp appointment expired 31 December 2017.11. Raymond Kershaw appointed 29 August 2017.12. Dr Dee-Anna Luong appointed 29 August 2017.13. Richard Machell appointment expired 31 December 2017.14. Alexander MacNaghten appointment expired 31 December 2017.15. Hannah McGlade appointment expired 31 December 2017.16. Roger Meakes appointment expired 31 December 2017.


Elain Pavlos Chief Executive Officer and Director of Nursing at a private hospital

Helen Pedersen21 Structural Engineer

Rodney Pember22 Land Valuer

Barry Pound Conveyancer and Real Estate Agent

Leanne Potter Specialist Teacher (Sign Language)

Steven Resnick Senior Lecturer Clinical Medicine

Julie Roberts23 Social Worker

Anne Seghezzi24 Lawyer

Nigel Shaw25 Architect and Planner

Anthony Townsend Retired Motor Vehicle Dealer

Robert Travers26 Architectural and Engineer Draftsman, and Builder

Jennifer Wall27 Lawyer

Shane Wallace Plumber

Barbara Webster Human Resource Consultant in Health

Paul Wellington28 Architect, Lawyer and Arbitrator

Christina Winsor29 Settlement Agent

Robert Woodforde30 Builder

Carmela Yom-Tov31 Clinical Psychologist

Xiadong (Eric) Yu Chinese Medicine Specialist

Brian Zucal32 Land Valuer

17. David Miller appointment expired 31 December 2017.18. Peter Mittonette appointment expired 31 December 2017.19. Darren Mouchemore appointment expired 31 December 2017.20. Colin Parker appointment expired 31 December 2017.21. Helen Pedersen appointed 29 August 2017.22. Rodney Pember appointed 29 August 2017.23. Julie Roberts appointment expired 31 December 2017.24. Anne Seghezzi appointment expired 31 December 2017.25. Nigel Shaw appointment expired 31 December 2017.26. Robert Travers appointment expired 31 December 2017.27. Jennifer Wall appointment expired 31 December 2017.28. Paul Wellington appointment expired 31 December 2017.29. Christina Winsor appointment expired 31 December 2017.30. Robert Woodforde appointed 29 August 2017.31. Carmela Yom-Tov appointment expired 31 December 2017.32. Brian Zucal appointed 29 August 2017.

APPENDICES

State Administrative Tribunal565 Hay Street, PerthGPO Box U1991, Perth WA 6845Phone (08) 9219 3111 1300 306 017Fax (08) 9325 5099Email [email protected] sat.justice.wa.gov.au

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Documents

ANNUAL REPORT - sat.justice.wa.gov.au · SAT building. The work is comprised of six individual paintings, ... In January 2018, full time Ordinary Member Karen Whitney was appointed