The State Administrative Tribunal (SAT or Tribunal) is an independent body with decision-making and review powers bestowed by a broad jurisdiction of enabling legislation. Matters that can be dealt with by the SAT include the hearing and determination of land compensation claims, strata scheme disputes, building contract disputes, legal guardianship and administration matters, vocational registration, medical matters and various other areas of law in Western Australia.
SAT Orders – Guardianship and Administration
- The SAT has authority under the Guardianship and Administration Act 1990 (WA) to appoint administrators and guardians as substitute decision-makers to make health, lifestyle and financial decisions on behalf of persons with a decision-making disability who do not have capacity to make reasonable judgments for themselves and are unable to manage their own affairs.
- Applications can be made to the SAT for the appointment of a guardian or administrator or for the review of an existing appointed guardian or administrator, and to decide matters involving existing appointments of attorneys and of guardians.
- A guardian’s role is to make personal decisions on behalf of a represented person whereas an administrator is authorised to make financial and legal decisions and to manage the financial affairs of a represented person. Together, the purpose of guardianship and administration orders is to protect represented persons from the risk of exploitation, abuse and neglect, and to assist them to maintain their quality of life.
- The SAT can also consider applications for Advanced Health Directives (AHDs) and declarations about treatment decisions for persons who lack legal capacity to make those decisions for themselves.
A plenary guardianship order authorises all lifestyle and personal decision-making to be made by a guardian on behalf of a represented person. The extent of the represented person’s decision-making disability is a determinant as to whether plenary or specific guardianship orders are needed. In some situations, limited guardianship will be sufficient to meet the represented person’s needs. The appointment of a guardian necessarily involves a loss of autonomy for the represented person and is a significant step that requires careful and respectful consideration. It is important that guardianship powers do not overreach to ensure that those represented can maintain a degree of personal freedom and independence where appropriate. If no family members or suitable persons are available to act as guardian, the SAT may appoint the Public Advocate in the role of guardian.
A plenary guardianship order from the State Administrative Tribunal (SAT) in Western Australia is an all-encompassing appointment that gives a guardian full authority to make personal, lifestyle, and medical decisions for an adult who lacks decision-making capacity, including deciding where and with whom the represented person lives, consenting to medical, surgical and dental treatments and making choices about work, training, education and social contact. The SAT only grants a plenary order when a limited order is not sufficient. For example, a person might have a limited guardian who can make decisions only about where the represented person lives and the medical treatment the person receives, allowing the person to make all other decisions for him or herself.
The SAT may appoint an administrator to make financial and legal decisions on behalf of a person with a decision-making disability. A plenary order authorises an administrator to manage all of the represented person’s estate and financial affairs. Alternatively, an order may be limited to specific issues such as the payment of accounts, investment of moneys or the sale of assets. As is the case with a guardian, an administrator must act in the represented person’s best interest at all times and must ensure their own interests do not conflict with those of the represented person.
It is important for an administrator to keep detailed financial records for the purpose of reporting to the Public Trustee, which has an oversight role and protective obligations in respect to represented persons. The Public Trustee can be appointed as an administrator where no other suitable persons are available to perform the role.
Review of role of existing attorney
If there is a concern about the decision-making and performance of an attorney acting under a Power of Attorney or Enduring Power of Attorney (EPA) in relation to a represented person’s finances or estate administration then an application for the appointment of an administrator can be made to the SAT to replace the attorney or to require the attorney to make available all documents and records in respect to the transactions undertaken by the attorney.
Enduring Power of Attorney subject to a SAT declaration
An Enduring Power of Attorney (EPA) allows a competent adult with full legal capacity (the donor) to appoint another person (the donee) to make financial and property decisions on the donor’s behalf. An EPA comes into effect according to its terms which can commence immediately or at a particular time or only when the SAT makes orders to declare that the donor does not have legal capacity to make reasonable decisions for him or herself. Requirements for an EPA are specified in the Guardianship and Administration Act 1990.
Where an EPA requires a declaration from the SAT as to the donor’s capacity to bring the EPA into effect, an application to the SAT for a declaration is required. The SAT has power to also make orders revoking or varying the terms of an EPA and to hear applications for administration orders to be made where a person has lost his or her capacity to make decisions and can no longer create an EPA. The SAT can also recognise a power of attorney created in another jurisdiction as a valid EPA in WA.
The SAT has broad jurisdiction under various enabling legislation to hear and determine land and property matters. The Tribunal can review decisions made by a local government or the Western Australian Planning Commission (WAPC) under the Planning and Development Act 2005 (WA), including planning decisions or a refusal to grant approval for development under a planning scheme and decisions by local governments or the Metropolitan Redevelopment Authority (MRA) in relation to applications for development and sub-division. The Tribunal may also decide matters involving compensation for the compulsory acquisition of land under the Land Administration Act 1997 or issues concerning the injurious affection of land under the Planning and Development Act 2005 (WA), and can review decisions regarding objections to valuations under the Valuation of Land Act 1978 (WA).
The SAT has broad jurisdiction to hear and determine matters governed by the Strata Titles Act 1985 (WA) and the amended legislation which commenced operation on 1 May 2020 (ST Act). This includes issues related to planning and development, scheme documents, lot owners and occupiers and the determination of strata scheme disputes upon the application of a strata scheme member (strata owner or occupier or strata company).
Macmillan Legal can provide advice and expertise in strata matters and has experience in dealing with strata company disputes. We can advise in relation to the ST Act and the rights and obligations afforded to strata owners and occupiers under its provisions. It is commonly known that unresolved internal disputes within a strata environment can lead to ongoing disharmony between strata members and, or the strata company and its council of owners, and adversely affect every day living for owners and occupiers. It is important for those involved in a strata dispute to make reasonable and good faith attempts to resolve matters prior to commencing an application in the SAT.
At Macmillan Legal, we know that for many people, an unfamiliar court or tribunal environment can be daunting and imposing. We support clients to navigate Tribunal processes confidently and armed with sound and relevant legal advice. We can advise and assist with the preparation and lodgment of applications in the SAT and can represent clients in Tribunal proceedings. In strata matters we ensure that clients are aware of the rights and remedies afforded to them under the ST Act and can provide advice and guidance for those intending to self-represent in Tribunal proceedings.
The Tribunal’s emphasis is directed to affording parties a fair and impartial hearing of their matter and treating all parties with respect, courtesy and professionalism. Although the SAT is characterised as a low cost, accessible and efficient forum for the determination of matters based on the substantial merits of the particular case, this is not always the reality for participants involved in Tribunal proceedings. Matters can become drawn-out, stressful and costly despite the Tribunal’s aim to decide matters speedily and with as little formality and technicality as is practicable. In contrast to a court, the Tribunal’s approach is more flexible and strict rules of evidence do not apply to proceedings. However, when contemplating an application or responding to an application in the SAT, it is important for parties to know and understand their case and be familiar with and understand the relevant legislation and rules governing their matter.
Macmillan Legal welcomes the opportunity to advise and assist clients to understand the legal issues and matters that need to be addressed.
The SAT has jurisdiction to resolve strata scheme disputes and is the next step for resolving scheme disputes where informal attempts have not succeeded. The Tribunal operates differently from other courts and provides an accessible, less formal forum that encourages self-representation in proceedings. However, the complexity and circumstances of a dispute may make self-representation inappropriate or unwise and we strongly encourage those contemplating an application in the SAT to first obtain professional advice and assistance from a lawyer experienced in strata matters.
A strata company and its council of owners are duty bound to act in good faith in the interests of lot owners and occupiers and to deal with matters impartially. They must not act oppressively or unreasonably to unfairly prejudice or discriminate against scheme members. Prior to commencing an application in the SAT, aggrieved parties should seek to resolve a complaint or grievance internally with the strata company’s council of owners and, or strata manager. Many strata schemes have internal dispute resolution processes to assist lot owners and residents and the strata company’s council of owners to deal with and settle disputes. These can be found in the provisions and by-laws of the ST Act and by-laws specifically adopted as part of a strata scheme to guide the conduct and governance of strata company members. It is important for strata community members to know and to act in accordance with those rules and by-laws.
At Macmillan Legal, we understand the importance of fair and just outcomes. We support our clients with clear and objective professional advice and strategies to navigate SAT proceedings and to achieve effective solutions that prioritise and respond to their rights and interests.