JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL
ACT: LOCAL GOVERNMENT ACT 1995 (WA)
CITATION: KINGSTON and LOCAL GOVERNMENT STANDARDS PANEL [No 2] [2025] WASAT 91
MEMBER: MR D AITKEN, SENIOR MEMBER
HEARD: 16 JULY 2025
DELIVERED : 8 SEPTEMBER 2025
FILE NO/S: CC 1449 of 2023
BETWEEN: DANIEL JEFFERY JOHN KINGSTON
Applicant
AND
LOCAL GOVERNMENT STANDARDS PANEL
Respondent
AND
ATTORNEY GENERAL OF WESTERN AUSTRALIA
Intervenor
Catchwords:
Local Government Standards Panel - Conduct of councillor - Improper use of office - Intention to cause detriment - Contravention of clause 18 of the Model Code (a rule of conduct) - Minor breach - Appropriate sanction - Public apology and training
Legislation:
Local Government (Model Code of Conduct) Regulations 2021 (WA), sch 1
Local Government Act 1995 (WA), s 2.10(1)(c), s 5.102A, s 5.105, s 5.105(1), s 5.106, s 5.125(1)
State Administrative Tribunal Act 2004 (WA), s 24, s 25(2), s 27, s 29(1), s 29(3)(c)(ii), s 31(1), s 37(1)
The Criminal Code (WA), s 75
Result:
Decision of the Legal Government Standards Panel set aside and substituted with decision of the Tribunal of a minor breach regarding one comment with sanctions of a public apology and training
Representation:
Counsel:
| Applicant | : | Self-represented |
| Respondent | : | Mr C Economidis |
| Intervenor | : | Mr C Economidis |
Solicitors:
| Applicant | : | N/A |
| Respondent | : | State Solicitor's Office |
| Intervenor | : | State Solicitor's Office |
Case(s) referred to in decision(s):
Kingston and Local Government Standards Panel [2025] WASAT 43
R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13
REASONS FOR DECISION OF THE TRIBUNAL:
Introduction
On or about 9 June 2023 Councillor Daniel Jeffery John Kingston (Cr Kingston), a member of the Council (the Council) of the City of Joondalup (the City), made certain comments on Facebook (the comments) regarding comments made by another member of the Council and their voting record in respect of a motion before the Council relating to a draft Coastal Hazard Risk Management and Adaption Plan (the draft CHRMAP).
A complaint was made to the Local Government Standards Panel (the Panel) regarding the comments (the Complaint).
On 8 August 2023 the Panel found that Cr Kingston had committed a minor breach pursuant to s 5.105 of the Local Government Act 1995 (WA) (LG Act) and cl 18 of the model code of conduct in Sch 1 of the Local Government (Model Code of Conduct) Regulations 2021 (WA) (the Model Code) when he made the comments.
On 20 November 2023 the Panel decided to order Cr Kingston to make a public apology and undertake the training specified in the order (the Decision).
Cr Kingston has applied to the Tribunal pursuant to s 5.125(1) of the LG Act for review of the Decision. The Tribunal has made an order pursuant to s 25(2) of the State Administrative Tribunal Act 2004 (WA) (SAT Act) that the…
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- Case
- [2025] WASAT 91
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Tribunal were whether Councillor Kingston's comments constituted a minor breach of the Model Code and if the Panel had correctly identified the breach and sanctioned it. Specifically, the Tribunal had to determine whether Councillor Kingston had intended to cause detriment to the complainant and whether this constituted a minor breach. The Tribunal also needed to consider whether the sanction of a public apology and training was appropriate. The Tribunal was required to assess the evidence and arguments presented by both parties and make a decision based on the relevant legal principles and statutes, including the Local Government Act 1993 (WA) and the State Administrative Tribunal Act 2004 (WA).
After reviewing the evidence and submissions, the Tribunal concluded that Councillor Kingston had indeed committed a minor breach of the Model Code. The Tribunal found that Councillor Kingston had intended to cause detriment to the complainant, which constituted a minor breach. The Tribunal considered that the sanction of a public apology and training was appropriate given the nature of the breach. The Tribunal's decision was informed by the principle that the Panel should not play an active role in review proceedings, as recognised in relevant case law. The Tribunal also noted that the Panel would confine its participation to providing the required documents and that the substantive argument would be presented by the intervener.
Following the Tribunal's decision, it ordered Councillor Kingston to make a public apology and undertake the specified training. The Tribunal also confirmed its jurisdiction to determine the matter, resolving the initial jurisdictional issue that had been raised. The Tribunal’s final order upheld the Panel’s decision, albeit with the Tribunal's own determination on the appropriate sanction.
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Background
Background to the litigation
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Evidence Before The Court
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Decision
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