THIRTY-EIGHTH PARLIAMENT

REPORT 14

STANDING COMMITTEE ON LEGISLATION

INQUIRY INTO THE JURISDICTION AND OPERATION OF THE STATE ADMINISTRATIVE TRIBUNAL

Presented by Hon Ken Baston MLC (Chairman)

May 2009

STANDING COMMITTEE ON LEGISLATION

Date first appointed:

17 August 2005

Terms of Reference:

The following is an extract from Schedule 1 of the Legislative Council Standing Orders:

“4. Legislation Committee

4.1 A Legislation Committee is established.

4.2 The Committee consists of 5 members.

4.3 The functions of the Committee are to consider and report on any Bill referred by the House or under SO 125A.

4.4 Unless otherwise ordered any amendment recommended by the Committee must be consistent with the policy of a Bill.”

Members for this inquiry:

Hon MLC (Chair) Hon Ken Baston MLC (Chairman from 12 until 10 August 2008 November 2008)

Hon MLC (Deputy Chair) Hon Sally Talbot MLC

Hon Matt Benson-Lidholm MLC Hon George Cash MLC from 11 November 2008 (substitute Member for Hon Peter Collier MLC until 7 August 2008 and for Hon Helen Morton from 14 November 2008)

Staff for this inquiry:

Ms Denise Wong, Advisory Officer (Legal) Mr Mark Warner, Committee Clerk

Ms Kerry-Jayne Braat, Committee Clerk

Address: Parliament House, Perth WA 6000, Telephone (08) 9222 7222 [email protected] Website: http://www.parliament.wa.gov.au ISBN 978-1-921634-00-0

Government Response

This Report is subject to Standing Order 337: After tabling, the Clerk shall send a copy of a report recommending action by, or seeking a response from, the Government to the responsible Minister. The Leader of the Government or the Minister (if a Member of the Council) shall report the Government’s response within 4 months. The four-month period commences on the date of tabling.

LIST OF ABBREVIATIONS AND DEFINED TERMS

AAT Administrative Appeals Tribunal

ACLR Australian Company Law Reports, 1974-1989

AVA Australian Veterinary Association Limited (Western Australian Division)

BDT Building Disputes Tribunal

BRB Builders’ Registration Board

BSQC Building Surveyors Qualifications Committee

CCWA Conservation Council of

CLR Commonwealth Law Reports, 1903-current

COAG Council of Australian Governments

Committee Standing Committee on Legislation

CSC Contaminated Sites Committee

DAF Development Assessment Forum

DEC Department of Environment and Conservation

DFC Department for Communities

DSC Disability Services Commission

DOTAG Department of the Attorney General

DPI Department of Planning and Infrastructure

EDO Environmental Defender’s Office

EDRMS Electronic document and records management system

EIA Environmental impact assessment under Part IV of the Environmental Protection Act 1986

Elliot Review Review of the State Administrative Tribunal’s support processes commissioned by the Department of the Attorney General with the agreement of the SAT President and

conducted by Mr Ross Elliot, consultant, Competitive Edge Services Pty Ltd. Reported in February 2007

EPA Environmental Protection Authority

EP Act Environmental Protection Act 1986

FLR Federal Law Reports, 1956-current

FOI Act Freedom of Information Act 1992

GA Act Guardianship and Administration Act 1990

GWC Gaming and Wagering Commission of Western Australia

ICMS Integrated Case Management System operated by the Court and Tribunal Services division of the Department of the Attorney General

LEADR LEADR Association of Dispute Resolvers

LGPMC Local Government and Planning Ministers’ Council

MBSQC Municipal Building Surveyors Qua