A CEO who brings proceedings under s 2.27(6) of the Local Government Act 1995 (WA) for a declaration as to the disqualification of a councillor is a 'person aggrieved' within s 185(2) of the Justices Act 1902 (WA) and has standing to appeal an adverse decision. Proceedings under s 2.27(6) are in the nature of civil proceedings for declaratory relief, not criminal proceedings, which has implications for the applicable standard of proof. An order for costs against the CEO independently establishes the CEO as a 'person aggrieved'.
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