Dueschen and City Of Stirling

In the matter of Dueschen and the City of Stirling, the dispute centred on the decision by the City of Stirling to declare a property unfit for human habitation and to issue a notice for its demolition. The State Administrative Tribunal was tasked with reviewing these decisions. The legal issues before the Tribunal included the interpretation and application of the Health Act 1911 (WA) provisions, specifically sections 135 and 137, which pertain to the declaration of a house as unfit for human habitation and the subsequent requirement for demolition. Additionally, the court needed to consider the obligations and discretion of the local authority in exercising its statutory powers, the interaction between private and public interests, and the role of the Public Advocate in investigating the welfare of individuals potentially affected by the decisions.

The Tribunal found that the City of Stirling had correctly exercised its statutory powers in declaring the property unfit for human habitation and issuing a notice for its demolition. The court emphasised that the determination of unfitness for habitation is based on health and safety considerations, and in this case, the evidence supported the City's findings. The Tribunal also held that the City's decision to issue the notice was in the public interest, as it was necessary to protect the health and safety of the community. Regarding the potential role of the Public Advocate, the Tribunal considered it appropriate to refer the matter to the Public Advocate for an investigation into whether the affected individuals might require a guardian or administrator.

Consequently, the Tribunal dismissed the applicants' applications for review and affirmed the City of Stirling's decisions. The Tribunal further directed that the property must not be occupied after 31 days from the date of the order and must be demolished within 90 days. In addition, the Executive Officer of the State Administrative Tribunal was requested to refer the matter to the Public Advocate within seven days to investigate the welfare of the affected individuals.