Under the Local Government Act 1995 (the Act) if a person is not happy with certain decisions made by the City they may be able to object through the City of Mandurah, or apply for a review through the State Administrative Tribunal (SAT).
To guide the City's decision making a Prosecution Guideline has been prepared to support decisions in relation to prosecutions of the Acts, Regulations and Local Laws administered by the City of Mandurah to ensure they are being applied impartially, transparently and in a fair and consistent manner.
City of Mandurah Prosecution Guidelines
Objection and Review Local Government Act 1995 – Part 9 – Division 1
The Objections and Review flowchart sets out the types of decisions which a person may be able to object to or seek a review of. Please note that this flowchart only applies to objection and review to a decision which the Local Government Act 1995 – Part 9 – Division 1 applies.
Flow Chart – Objections and Review
Objection
To submit an objection to the City you must complete a ‘Form 4 – Objection’ and send to council@mandurah.wa.gov.au or City of Mandurah, 3 Peel Street, Mandurah WA 6210, within 28 days of the decision to which you are objecting being made. If you submit your objection after this time your objection will not be accepted.
Review through SAT – Under the Local Government Act 1995 – Part 9 – Division 1
You can find more information about how to make an application for a review through SAT at: https://www.sat.justice.wa.gov.au. Note strict time limits apply. Review applications must generally be submitted to SAT within 42 days of the decision being made, however, other time limits may also apply depending on the circumstances.
Review through SAT - Other Decisions
The Objection and Review processes outlined above only apply to certain decisions made under the Act and the City’s Local Laws. For more information about review options that apply to decisions made under other legislation please contact council@mandurah.wa.gov.au.
SAT has jurisdiction under the Local Government Act 1995 to review local government decisions. SAT can also review decisions by local governments about notices to owners and occupiers of land to do certain things generally within the local government district, such as preventing obstruction of public thoroughfares or ensuring that unsightly land is enclosed with a fence.
SAT also has the jurisdiction to review objections to a rate record or the imposition of a rate or service charge.
SAT can also review local government decisions relating to:
- dogs – under the Dog Act 1976 and Dog Regulations 2012;
- cats – under the Cat Act 2011 and Cat (Uniform Local Provisions) Regulations 2013;
- public Health under the Health (Miscellaneous Provisions) Act 1911; and
- graffiti -applied to property – under the Graffiti Vandalism Act 2016.
Further information on the role of SAT in relation to local government decisions can be accessed at: https://www.sat.justice.wa.gov.au/L/local_government.aspxs
Application to Withdraw Infringement Notice Or Extend Time to Pay
If you have received an infringement notice and wish to apply to extend the time in which you have to pay the infringement amount, or to withdraw the infringement, you can submit the form below to ranger.admin@mandurah.wa.gov.au
Infringement Request for Withdrawal Form
Infringement Request for Extension of Time to Pay Form
Flowchart – Infringement Notice
The information provided on this page is not intended to constitute legal advice. You should seek your own advice in relation to your particular circumstances.
