Shire Of Waroona and Fitzpatrick

The Shire of Waroona brought an application to the State Administrative Tribunal to determine whether Paul Fitzpatrick should be disqualified from his position as a member of the council. The Shire alleged that Fitzpatrick had failed to attend three consecutive council meetings without the leave of the council, as required by section 2.25(4) of the Local Government Act 1995 (WA). The Tribunal was asked to make a declaration of disqualification. The primary legal issue was whether the Tribunal had the discretion to decide on the declaration of disqualification where the absences had been established. The Tribunal found that the absences were indeed established and considered whether the law provided any discretion in making the declaration. The Tribunal concluded that once the absences were established, the disqualification was mandatory and the Tribunal had no discretion to decide otherwise. The Tribunal issued a declaration that Paul Fitzpatrick was disqualified from continuing as a member of the council.