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Searching Content indexed under Constitutional & Administrative Law by Kott Gunning ordered by Published Date Descending.
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1
Giving evidence before the WA State Administrative Tribunal
Giving evidence before the tribunal can be daunting, so this article is a quick guide to the process of giving evidence.
Australia
22 Mar 2019
2
The jurisdiction of the State Administrative Tribunal to resolve disputes when a party moves interstate
If a party moves interstate at any time before the resolution of the matter, the Tribunal ceases to have jurisdiction.
Australia
18 Jan 2019
3
No duty of care owed…. This time
When potential purchasers could rely on a planning certificate, local governments are likely to owe them a duty of care.
Australia
10 Sep 2018
4
How to get in - Powers of entry under the Public Health Act
The powers of entry and investigation under the Public Health Act 2016 (WA) are exercised by 'authorised officers'.
Australia
30 Aug 2018
5
The requirement for certainty and specificity in building orders and direction notices
A Closure Notice was found invalid as it failed to state, with sufficient specificity, what the recipient needed to do.
Australia
30 Aug 2018
6
Why Councillors view Compliance Sections as important pillars of the Council
Compliance Officers perform a vital role for the Council and Councillors to implement and enforce Council decisions.
Australia
10 Aug 2018
7
WA industrial relations system review – A waste of time?
The simple way forward would be to refer WA industrial relations powers to the Commonwealth, as other states did in 2009.
Australia
16 Oct 2017
8
He either had Nic Naitanui-like skills, or the boundary line was too close to the fence
Without effective delegation, the Council still owed a duty of care to ensure the safety of users of the facility.
Australia
29 Sep 2017
9
Whistleblower protections in corporate Australia: issues, developments and best practices
Whistleblowing is the disclosure of unethical or unlawful activity in an organisation by a person in the organisation.
Australia
29 May 2017
10
What can enable a WA local government to withhold, or not issue, a building permit?
There are circumstances in which a local government can refuse or indeed must refuse to grant a building permit in WA.
Australia
23 Dec 2016
11
Councillors in Western Australia to disclose gifts and contributions to travel within 10 days and online
Local Governments in Western Australia should be preparing policies and procedures to comply with the new requirements.
Australia
2 Mar 2016
12
Two new Supreme Court decisions affect local government prosecutions in Western Australia
These decisions will affect the way in which WA local governments charge accused persons and serve prosecution notices.
Australia
1 Feb 2016
13
Conflict and bias in dog attack case
The delegate should not have been able to act as a prosecutor and as a decision-maker on the same, or related, matter.
Australia
15 Nov 2015
14
Exercising discretion in decision making
Where there is an absence of clear criteria, the decision maker must exercise a discretion before making the decision.
Australia
28 Jul 2015
15
Winky Pop and the quasi-judicial role of council
The court found that the councillor's involvement in the process was sufficient to invalidate the council's decision.
Australia
28 Jul 2015
16
Powers of entry for WA local governments
This update deals with the provisions of the LGA 1995, in addition to other powers of entry of a local government in WA.
Australia
3 Jul 2015
17
Who decides who decides? Delegation in local government in Western Australia
A local government could operate through authorisations, 'act through' its officers and employees, or via delegation.
Australia
29 May 2015
18
Are local governments the Owners of land under Management Orders in Western Australia?
The identity of an Owner of land controlled by a local government under a Management Order arises with the Building Act,
Australia
29 May 2015
19
Delegations, authorisations and amalgamations of local governments in Western Australia
An issue for local governments affected by amalgamation is to what extent delegations and authorisations are affected.
Australia
12 Dec 2014
20
When is late, too late - to apply to SAT for a review of a administrative decision in WA?
There are four main principles which you will need to make submissions on to the State Administrative Tribunal (SAT).
Australia
3 Dec 2014
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