PHILLIPS and LOCAL GOVERNMENT STANDARDS PANEL

The case before the State Administrative Tribunal involved a dispute between Mr Phillips and the Local Government Standards Panel, with the Attorney General of Western Australia intervening. Mr Phillips sought to review the Panel's findings in two separate proceedings, DR 4 of 2012 and DR 12 of 2012, which related to complaints made against former council members of the City of Albany. The central issue in this case was whether Mr Phillips had the right to review the Panel's findings under section 5.125 of the Local Government Act 1993 (WA), specifically regarding the Panel's determination that no breach had occurred and that it lacked jurisdiction to hear a complaint against a former council member.

The Tribunal was tasked with determining the scope of its jurisdiction to review the Panel's findings and whether Mr Phillips had a right to appeal these decisions. Additionally, the Tribunal had to consider whether the Panel had the authority to hear complaints against former council members and whether secondary materials, such as responses to parliamentary questions, could be used in interpreting the relevant legislation. The Tribunal acknowledged the potential for these issues to consume significant resources and affect the community, highlighting the importance of resolving the matter efficiently.

In its reasoning, the Tribunal noted the potential for underlying tensions and community concerns to be exacerbated by prolonged litigation. It recognised the importance of mediation as a means to address these issues and ordered it to run in parallel with the determination of the preliminary matters. The Tribunal emphasised its duty to avoid unnecessary time and expense while ensuring that the justice system serves the community effectively. The court's decision focused on the statutory interpretation of the Local Government Act and the proper use of secondary materials in this context. The outcome of the case hinged on the Tribunal's ability to interpret the legislation correctly and to determine the appropriate scope of its review powers in relation to the Panel's findings.