Yates v Local Government Standards Panel

[2013] WASCA 8

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Local Government
2. › Council members
3. › Rules of conduct
4. › Minor breach
5. › Statement that employee is dishonest
6. › Whether 'statement' includes statements made by implication
7. › Local Government (Rules of Conduct) Regulations 2007 (WA), reg 10(3)(a)
8. › Local Government Act 1995 (WA), s 5.104(1), s 5.105(1), s 5.110(6)
1. Statutory Interpretation
2. › Meaning of 'statement'
3. › Whether ordinary meaning includes implied statements
4. › Purposive construction
5. › Interpretation Act 1984 (WA), s 18
1. Appeal
2. › Leave to appeal from State Administrative Tribunal
3. › Question of law
4. › Whether meaning conveyed by ordinary words is question of fact or law
5. › State Administrative Tribunal Act 2004 (WA), s 105(1), s 105(2)
1. Practice and Procedure
2. › Extension of time to appeal
3. › Factors to be considered
4. › Length of delay
5. › Reasons for delay
6. › Arguable case
7. › Prejudice
8. › State Administrative Tribunal Act 2004 (WA), s 105(5), s 105(7)

Quick Take

The word 'statement' in reg 10(3)(a) of the Local Government (Rules of Conduct) Regulations 2007 (WA) includes statements made by implication; a councillor need not expressly use the word 'dishonest' to breach the regulation. The question of what meaning is conveyed by the use of ordinary words is a question of fact, not law, and cannot be challenged on an appeal limited to questions of law under s 105(2) of the SAT Act.