Vallelonga and Builders' Registration Board Of Western Australia

Vallelonga was a builder whose registration was subject to disciplinary proceedings by the Builders' Registration Board of Western Australia. The Board had begun hearing the matter but had not concluded it when the State Administrative Tribunal (SAT) commenced its own proceedings. The Board later completed its disciplinary process. Vallelonga sought to have the SAT determine a review application, arguing that the Board's proceedings were incomplete. The central issue before the court was whether the SAT had jurisdiction to hear the review application under the State Administrative Tribunal Act 2004, particularly section 167(4)(c), which deals with situations where another tribunal's proceedings are ongoing.

The court considered whether the proceedings before the Board were sufficiently complete to trigger the operation of section 167(4)(c), which prevents another tribunal from exercising jurisdiction over the same matter if a tribunal has already commenced proceedings. The court found that, despite the Board not having formally concluded its proceedings at the time the SAT began its own process, the Board's proceedings were nevertheless sufficiently underway to engage the provisions of the statute. Given that the Board had already commenced and partly heard the matter, the court determined that the SAT's jurisdiction was precluded by the operation of section 167(4)(c).

Accordingly, the court dismissed Vallelonga's application for the SAT to hear the review. The interim application was also dismissed. The court's decision underscored the importance of tribunals adhering to jurisdictional boundaries, particularly in cases where multiple tribunals might otherwise seek to exercise overlapping authority over the same subject matter.