Mullaney v City of Wanneroo [2025] WASAT 80 (30 July 2025) required the West Australian State Administrative Tribunal to consider whether it had jurisdiction to review a decision to dismiss a member of the of the Wanneroo Central Volunteer Bush Fire Brigade. 

Background

The Bush Fires Act 1954 (WA) s 41 says:

For the purpose of carrying out normal brigade activities a local government may, in accordance with its local laws made for the purpose, establish and maintain one or more bush fire brigades and may, in accordance with those local laws, equip each bush fire brigade so established with appliances, equipment and apparatus.

The council may also make local laws to govern the operation of brigades (s 62).  The City of Wanneroo had established several brigades which are collectively governed by an Executive Management Committee ([15]).  The Committee, acting under the Brigade’s constitution, which in turn was part of the City’s local laws ([10]-[14]) moved to terminate Mr Mullaney’s membership of the Brigade.  Further, and again in accordance with the Brigade’s constitution, Mr Mullaney petitioned the council for a review of that decision.  The council dismissed his objection on 4 December 2024.

Mr Mullaney then applied to the State Administrative Tribunal (the SAT) asking the SAT to set aside the council’s decision. The power of the SAT to review local government decisions is found in Part 9, Division 1 of the Local Government Act 1995 (WA). Section 9.1 (quoted at [22]) says:

(1)This Division applies when a local government makes a decision under this Act as to whether it will —

(a) grant a person an authorisation under Part 3 or under any local law or regulation that is to operate as if it were a local law; or

(b) renew, vary, or cancel an authorisation that a person has under any of those provisions.

(2) This Division also applies whenever a local government gives a person a notice under section 3.25, and for the purposes of this Division the giving of a notice under that section is to be regarded as the making of a decision.

(3) This Division also applies whenever a local law, or regulation that is to operate as if it were a local law, states that a decision under it is one to which this Division applies and that a person specified in it is an affected person for the purposes of this Division.

The council argued the decision did not fall under any of the paragraphs in s 9.1 and the SAT therefore had no jurisdiction to review its decision.  The Tribunal agreed:

  • The decision was made under the Bush Fires Act, not the Local Government Act so s 9.1(1) did not apply ([31]).
  • There was no notice under s 3.25 of the Local Government Act so s 9.1(2) did not apply ([32]).
  • The local laws governing the bush fire brigades do not state ‘that a decision under it is one to which this Division applies’ and therefore s 9.1(3) did not apply ([33]).

Given the decision did not fall within s 9.1, that part of the Local Government Act allowing review by the SAT did not apply.  The SAT therefore has no jurisdiction to review the decision by the council to reject the applicants objection to his dismissal ([36]).

Discussion

This is consistent with the situation in other jurisdictions.  Administrative Tribunals may only exercise power where legislation authorising decision makers specifically says that the decision is subject to review by the Tribunal.  Where the legislation or other authority (in this case the local laws) does not say that, the Tribunals cannot intervene – see also:

Employees have access to industrial law protections (weak as they are) but they do give some hope of an independent disinterested review of decisions.  The law is however often focussed on decisions with financial implications, so remedies are provided where the decision is going to have an economic impact (see Castle v Director General State Emergency Service [2008] NSWCA 231 discussed in many of the posts, above).  Notwithstanding the important place volunteering plays in people’s lives and in their sense of identity, we can see that generally the law (common law and the law written by parliament) does not provide any similar protection for volunteers.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.