The Act revolves around several key concepts. “Land information” is defined broadly as information about any point, line, surface or space fixed by reference to the earth, whether wholly on, under or above land or sea (s 3). The Authority may also hold other information within its land information systems as well as the information required by law (s 9(2)). The dual objectives in s 8 are a foundational concept: the Authority must simultaneously perform a non-profit public role and a commercial profit-making role. The pricing principles in s 16 distinguish between charges for fundamental land information (as prescribed by regulation) and other goods or services, and between uses that involve commercial benefit and those that do not. For fundamental land information provided to the State or local government, or under a s 16(9) approval, for non-commercial use, charges are designed only to cover the Authority’s costs of extracting and providing that information (s 16(4)-(5)). For other goods or services provided to the State or local government or under an approval, for non-commercial use, charges must cover the Authority’s total costs (s 16(6)). For any goods or services for a purpose involving commercial benefit, charges must be designed to provide an overall profit representing a fair commercial return after covering total costs (s 16(3)). The Authority may agree a different charging basis with a person under s 16(7), and such an arrangement may involve profit (s 16(8)). The Minister may direct the Authority to provide information free of charge in exceptional cases where there is a public benefit and with the Treasurer’s concurrence, even if that conflicts with the pricing principles, but cannot override a charge fixed by a written law (s 17). The strategic development plan and statement of corporate intent are central accountability mechanisms: the plan covers a forecast period of up to five years and sets medium to long-term objectives (s 53); the statement must be consistent with the plan (s 61(1)). Both are negotiated with the Minister, require Treasurer concurrence for agreement, and may be modified with agreement or by Ministerial direction (ss 49-54, 57-62). If no agreement is reached, the latest draft submitted becomes the operative document (ss 52, 60). The board of management is the governing body, constituted by the chief executive officer and at least four but not more than six appointed members (ss 21-22). Appointed members serve up to three years, may be removed on grounds including incapacity, insolvency, absence, neglect or misconduct, and resign by written notice (ss 24-25). The board may appoint committees (s 29). Members must disclose material personal interests; failure attracts a $10,000 fine (s 30). A member with such an interest must not vote and must not be present while the matter is considered at a meeting, unless the board resolves that the interest should not disqualify (ss 40-41). The Minister may override those disqualifications in writing (s 43).

The Act directly affects the Western Australian Land Information Authority as the body corporate, its board of management, its chief executive officer and other staff, and contractors engaged under s 45. It also affects the Minister for lands (or whatever portfolio holds responsibility) and the Treasurer, both of whom exercise significant approval and direction powers. The Authority’s functions affect any person or body that deals with land information: the public, State government agencies, local governments, participants in the land information industry (including private sector entities and professionals such as conveyancers, valuers, surveyors, and property developers), and bodies that issue or make notifications of interests in land (s 9(3)). The pricing principles under s 16 directly impact customers of the Authority: fundamental land information users, the State and local governments, and those using information for commercial purposes. Persons acquiring title to property from the Authority (directly or indirectly) are protected by assumptions under ss 83-86: they may assume compliance with the Act, proper appointment and authority of board members and staff, proper sealing of documents, and due performance of duties, unless they have actual knowledge to the contrary or because of their connection with the Authority ought to know the assumption would be incorrect. Third parties dealing with such a new owner are similarly protected (s 84). Employees transferred from the former Department of Land Information on commencement day become members of the Authority’s staff (s 94). The Act also affects those who hold confidential information obtained in the administration of the Act: unauthorised recording, use or disclosure is an offence carrying 12 months imprisonment and a $12,000 fine (s 89). The protection from liability in s 90 applies to any person (other than the Authority) acting in good faith in the performance or purported performance of a function under the Act; but the Authority and the State are not relieved of liability for another person’s actions. Directors and officers may also be subject to the Statutory Corporations (Liability of Directors) Act 1996, as s 90(5) makes the protection subject to that Act. The Act also affects parties to contracts with the Authority: contract formalities are relaxed - a person authorised by the Authority may make, vary or discharge a contract in the same manner as a natural person, and such contract is effectual in law (s 88). The Financial Management Act 2006 and Auditor General Act 2006 apply to the Authority (s 81), affecting its financial administration, audit and reporting obligations, and by extension the Office of the Auditor General.

The Authority has a duty to perform its functions in accordance with the Act, the strategic development plan and the statement of corporate intent (s 11). It must act on the guiding principles of cost-effectiveness, prudent commercial principles, supporting sustainable management, and having regard to registers integrity, State government needs and industry requirements (s 10). The Authority must obtain Ministerial approval for transactions exceeding $5 million (or prescribed amount) unless exempted (s 13). It must charge according to the pricing principles in s 16, but can agree different arrangements. It must give effect to Ministerial directions (s 65). The board must prepare and submit draft strategic development plans and statements of corporate intent annually (ss 47, 55). The board must notify the Minister if it forms the opinion that the Authority cannot meet financial obligations (s 79). The board must recommend dividends to the Minister after each financial year, and the Minister may direct payment of a final dividend with the Treasurer’s concurrence (s 71). The board must keep the Minister informed of operations, financial performance and position, and promptly inform if matters may prevent or significantly affect achievement of objectives (s 64). Members must disclose material personal interests and refrain from voting on those matters (ss 30, 40). Staff and agents must comply with delegation instruments. Persons dealing with the Authority have the right to make assumptions set out in s 85: that the Act has been complied with; that a person held out as a board member, CEO, staff or agent has been properly appointed and has customary authority; that a staff member issuing a document has authority to warrant genuineness; that a document has been properly sealed if it bears an imprint of the common seal and sealing appears to comply with s 87; and that board members, CEO and staff have properly performed duties. These assumptions apply to third parties dealing with a person who has acquired title from the Authority (s 84). The Minister has the right to have information in the Authority’s possession (s 67). The Authority may request deletion of commercially sensitive matters from documents that are to be made public, but must include reasons and an Auditor General’s opinion (s 68). The Authority may delegate powers and duties to a person, but delegation to a non-board or non-staff member requires Ministerial approval (s 20). The Authority may use trading names (s 18) and act beyond State limits (s 19). The Treasurer may guarantee the Authority’s financial obligations and fix charges for the guarantee (ss 76-77). The Authority may extend credit in the normal course of business (s 78).

The Act creates specific criminal offences. A member of the board or of a committee who has a material personal interest in a matter being considered and fails to disclose the nature of the interest at a meeting commits an offence: penalty a fine of $10,000 (s 30(1)-(2)). A person who, without lawful authority, records, uses or discloses confidential information obtained by reason of any function in the administration of the Act commits an offence: penalty imprisonment for 12 months and a fine of $12,000 (s 89(1)). “Confidential information” includes information the person has a duty to keep confidential regardless of how that duty arises (s 89(2)). Regulations under s 92 may create offences with a penalty not exceeding a fine of $2,000. The Act does not establish a separate enforcement agency; enforcement of criminal offences would be through standard State prosecution mechanisms (police or relevant agency). The Act also contains provisions that effectively enforce compliance through administrative mechanisms. The Minister may give directions to the Authority with respect to the performance of its functions, and the Authority must give effect to them (s 65). Failure to comply with a direction could have consequences under the Statutory Corporations (Liability of Directors) Act 1996; s 66 provides that a direction does not become effective if it is the subject of a notice under s 17 of that Act until confirmed. The Minister may also direct the Authority under s 65 requiring the board to take specified steps or make modifications to the strategic development plan or statement of corporate intent (ss 50(3), 58(3)), and may direct modification of those documents with the Treasurer’s concurrence (ss 54(3), 62(3)). If the board notifies financial difficulty, the Minister must confer with the Treasurer and Authority and initiate action to ensure obligations are met, and may direct the Authority to cease or limit performance of any function (s 79). The Authority must pay dividends as directed (s 71). The Financial Management Act 2006 and Auditor General Act 2006 apply, meaning the Authority is subject to standard audit and reporting requirements for statutory authorities; the Auditor General can enforce compliance with those requirements. The protection from liability in s 90 does not extend to acts done contrary to ss 9 or 10 of the Statutory Corporations (Liability of Directors) Act 1996 (s 82(2)). A person who makes an assumption under s 85 but knows or ought to know it is incorrect cannot rely on those protections (s 86).

Section 4 expressly provides that if anything in the Act is inconsistent with a provision of another Act relating to a function conferred on the Commissioner of Titles under the Transfer of Land Act 1893 or the Registrar of Titles under that Act, or the Valuer-General under the Valuation of Land Act 1978, the provision of the other Act prevails. This ensures that the core statutory roles concerning titles registration and valuation are not overridden by the Land Information Authority Act. The Authority is to be an SES organisation under the Public Sector Management Act 1994 (s 7), which brings with it obligations under that Act for senior executive service matters. The chief executive officer cannot be excluded from the Senior Executive Service (s 44(1)). Staff are employed under s 45, but the Public Sector Management Act 1994 s 100 power to engage contract or casual staff remains. The Authority may use government staff and facilities by arrangement (s 46). The Financial Management Act 2006 and Auditor General Act 2006 apply to the Authority (s 81), meaning the Authority must comply with financial administration, audit and reporting requirements for statutory authorities, including preparation of annual reports and accountability to Parliament. The Statutory Corporations (Liability of Directors) Act 1996 applies: s 82(2) preserves liability under that Act for manner of doing or omitting things, and s 66 provides for directions subject to that Act. Section 90(5) makes protection from liability subject to that Act. Section 94A of the Act requires that in each five-yearly review, the Minister must consider how fees prescribed under the Community Titles Act 2018, Registration of Deeds Act 1856, Strata Titles Act 1985, Transfer of Land Act 1893 and Valuation of Land Act 1978 have been calculated, and whether efficiencies enable fee reductions (s 94A). This ties the Authority’s operational efficiency directly to fee-setting under those primary land administration Acts. The transitional provisions in Part 7 amend and reinterpret references to former bodies (Land Titles Office, Valuer-General’s Office, Department of Lands and Surveys, Department of Land Administration, Department of Land Information) in other written laws to include the Authority (ss 97-100). The Interpretation Act 1984 s 54(2) applies to quorum: s 32 provides less than three members do not constitute a quorum, without otherwise affecting that Act. The Local Government Act 1995 s 6.26(2)(a)(i) is referenced in s 72(4): the Authority is exempt from local government rates and charges but must pay an equivalent amount to the Treasurer. The Reprints Act 1984 s 7(4)(e) is noted as having omitted Part 8. The Act provides for regulations under s 92 to prescribe matters and create offences up to a $2,000 fine. Transitional regulations under s 101 may modify the application of other written laws.

The Land Information Authority Act 2006 (No. 60 of 2006) received Royal Assent on 16 November 2006. Part 1 commenced on 17 November 2006; the remainder commenced on 1 January 2007 by proclamation (Gazette 8 December 2006 p. 5369). It was amended by the Financial Legislation Amendment and Repeal Act 2006 (No. 77 of 2006) Sch. 1 cl. 94, effective 1 February 2007, which updated references to the Financial Management Act 2006 and Auditor General Act 2006 and made other consequential amendments. The Public Sector Reform Act 2010 (No. 39 of 2010) s. 89 amended s 23 on remuneration and allowances to refer to the Public Sector Commissioner recommendation, effective 1 December 2010. The Land Legislation Amendment Act 2015 (No. 11 of 2015) Part 2 inserted s 94A requiring reviews to consider fee-setting for the Registration of Deeds Act 1856, Strata Titles Act 1985, Transfer of Land Act 1893 and Valuation of Land Act 1978, effective 30 June 2015. The Strata Titles Amendment Act 2018 (No. 30 of 2018) Pt. 3 Div. 10 amended s 94A(1)(a) and (5) to add the Strata Titles Act 1985 to the fee review list and update its section references, effective 1 May 2020. The Community Titles Act 2018 (No. 32 of 2018) Pt. 14 Div. 11 further amended s 94A to include the Community Titles Act 2018 and its s 188 in the review provisions, effective 30 June 2021. A reprint (Reprint 1) was published as at 4 September 2015. The Act has not been amended since the 2018 amendments. Section 94A itself is subject to expiration on a day fixed by proclamation, but that day must not be before the relevant fee-setting provisions in the Acts listed have expired (s 94A(3)-(5)). No such proclamation appears to have been made.

The compiled text provided does not contain any references to case law or litigation history. The Act itself provides a statutory review mechanism every five years (s 93) but no cases are cited. It is likely that litigation under the Act is minimal; the Act primarily creates an administrative framework rather than conferring private rights of action. The protection from liability in s 90 could give rise to litigation where a person alleges the Authority or State is vicariously liable for the actions of an officer or employee, but s 90(3) preserves the liability of the Authority and State. The assumptions provisions in ss 83-86 could be relevant in proceedings concerning the validity of property transactions or the authority of individuals dealing with the Authority. The offence provision in s 89 could lead to prosecutions for unauthorised disclosure of confidential information. The Statutory Corporations (Liability of Directors) Act 1996 interaction could generate proceedings against directors for breach of duty in relation to Ministerial directions. The transitional provisions regarding references to former bodies may have been litigated in interpretation disputes, but nothing appears in the Act. The five-yearly reviews under ss 93 and 94A are likely to have generated reports but not litigation. No amendment has been prompted by judicial decision, suggesting the Act has been relatively uncontroversial in practice.

The dual objectives in s 8 create an inherent tension: the Authority must act as a non-profit body for certain State functions and simultaneously generate a fair commercial return on a profit basis for providing goods and services. The Act does not clearly demarcate which activities fall into which bucket, leaving room for dispute over pricing and cross-subsidisation. The pricing principles in s 16 are detailed but contain ambiguities: “overall profit representing a fair commercial return” is not defined, and the distinction between “fundamental land information” (as prescribed by regulation) and other goods and services is critical. If the Minister has not prescribed fundamental land information under s 16(10), the sub-sections keyed to that definition (ss 16(4)-(5)) may be inoperative. Section 17 allows the Minister to override the pricing principles by directing free provision of information, which could undermine the Authority’s commercial operations without compensation. The Minister can give directions generally or in relation to a particular matter (s 65(1)), and the Authority must give effect to them even if they conflict with the Authority’s commercial judgment; however, directions are subject to tabling in Parliament and the Statutory Corporations (Liability of Directors) Act 1996 process. The Authority must comply with directions even if they affect its ability to achieve objectives in the strategic development plan or statement of corporate intent (s 65(1)). The chairperson and deputy chairperson are designated by the Minister, not elected by the board (s 22(3)). The Minister may remove an appointed member on grounds including “neglect of duty” or “misconduct”, which are not defined (s 25(2)). A member who is absent without leave from three consecutive meetings may be removed (s 25(2)(c)). The quorum is only three members (s 32), so a small board could be deadlocked if members are disqualified under s 40. Section 40 disqualifies a member with a material personal interest from voting or being present while the matter is considered. “Material personal interest” is not defined in the Act; it may import common law or Corporations Act concepts. The board can pass a resolution to override the disqualification (s 41), but that requires a quorum of members who are entitled to vote (s 42). The Minister may also declare s 40 or 42 inapplicable (s 43). The protection for people dealing with the Authority under ss 83-86 is subject to the person not having actual knowledge or not being in a relationship where they ought to know the assumption is incorrect (s 86). This means insiders or well-informed counterparties cannot rely on the assumptions. The Authority is not liable for local government rates or charges on land it holds (s 72(2)), but must pay an equivalent amount to the Treasurer (s 72(4)). However, a lessee of the Authority remains liable for rates on land held under a lease or tenancy agreement from the Authority (s 72(3)). The Financial Management Act 2006 and Auditor General Act 2006 apply, but s 81 does not specify which parts; the standard application to statutory authorities is likely complete. Transitional regulations under s 101 can have retrospective effect but cannot affect rights prejudicially or impose liabilities for pre-publication acts (s 101(4)-(6)). The Act requires a review every five years (s 93) and additionally a consideration of fee-setting for the Community Titles Act 2018, Registration of Deeds Act 1856, Strata Titles Act 1985, Transfer of Land Act 1893 and Valuation of Land Act 1978 (s 94A). That review requirement is subject to expiration, which may lead to a gap if not renewed.

Compliance for the Authority itself begins with adherence to the dual objectives framework (s 8). The board must ensure all functions are performed in accordance with the strategic development plan and statement of corporate intent as agreed with the Minister (s 11). The board must prepare and submit these documents annually within the timeframes prescribed (ss 47, 55) and follow the negotiation process with the Minister and Treasurer (ss 49-54, 57-62). The Authority must charge for goods and services in accordance with the pricing principles in s 16; this requires classification of each type of good or service as fundamental land information or otherwise, and classification of the user as State/local government/non-commercial user or for commercial benefit. If in doubt, the Authority should seek Ministerial approval or exercise the power under s 16(7) to agree a different basis. The Authority must seek Ministerial approval for any transaction where the Authority’s liability exceeds $5 million (or prescribed amount) (s 13). It must comply with exemptions (s 14) and keep records. The Authority must maintain the Western Australian Land Information Authority Account under s 70, either as an agency special purpose account or at a bank approved by the Treasurer. It must invest surplus funds as the board determines (s 73). Borrowing requires the Treasurer’s prior approval (s 75). The board must recommend dividends to the Minister after each financial year and pay dividends as directed (s 71). The Authority must comply with Ministerial directions (s 65) and keep the Minister informed (s 64). It must provide half-yearly reports to the Minister and Treasurer (s 80). The board must ensure all members disclose material personal interests at meetings and record them in minutes (s 30), and refrain from voting if an interest exists unless the board resolves otherwise (ss 40-41). The board should review and comply with delegation provisions (s 20). The Act does not impose a specific privacy compliance burden, but the confidentiality offence in s 89 requires the Authority to implement policies and training to prevent unauthorised recording, use or disclosure of confidential information obtained in the administration of the Act. The protection for people dealing with the Authority (ss 83-86) is automatic; the Authority should not misrepresent or hold out persons who lack proper authority. For execution of documents, the Authority must have a common seal affixed in the presence of two board members who attest (s 87), or may authorise signing by specified members or staff. Contract formalities are relaxed (s 88). The Authority must comply with the Financial Management Act 2006 and Auditor General Act 2006 (s 81), including financial administration and audit. If the board forms an opinion of financial difficulty, it must notify the Minister in writing with reasons (s 79). The five-yearly review must be undertaken by the Minister (not the Authority), but the Authority should cooperate and provide information (s 93). The additional fee-setting review under s 94A requires the Minister to consider how fees under specific Acts have been calculated and whether efficiencies enable reductions; the Authority should maintain records to demonstrate efficiencies. Transitional provisions from the former Department of Land Information should be applied: staff transferred automatically (s 94), and references in other documents to former bodies may be read as including the Authority (ss 97-100).