State Administrative Tribunal Regulations 2004

The regulations revolve around a small number of interconnected operational concepts: eligibility for reduced fees, prescribed enabling Acts and application categories, the fee schedule architecture, administrative discretions vested in the executive officer and President, and transitional rules for transferred matters.

Eligibility for reduced fees

• Eligible individual and eligible entity are defined at r.9A. Eligible individuals include people holding specified Commonwealth concession cards, recipients of certain Commonwealth allowances (AUSTUDY, youth training allowance, ABSTUDY), or persons granted legal aid for the proceedings; the executive officer may also declare a person eligible on grounds of financial hardship or the interests of justice (r.9A(2), r.9C(1)). Eligible entities are those granted legal aid or those the executive officer directs are eligible (r.9A(3), r.9C(2)).
• The process to obtain that recognition entails an application in the approved form (r.9B), and the executive officer may require further information (r.9C(3)-(4)). A false or misleading statement in that application carries a fine of $1,000 and may lead to revocation and recovering the fee difference (r.9D).

Fee architecture and linkage to enabling Acts

• Fees are not generic; they are tied to the enabling Act and the specific provision under which the Tribunal’s jurisdiction is invoked. Fees for classes of enabling Acts are set out in Tables linked to Schedules 3, 4 and 6 (r.9), with a residual table for applications not captured by those Schedules (r.11B).
• For development and planning related reviews a two‑class system (Class 1 / Class 2) determines higher or lower fees according to value/scale thresholds (r.10(1) and tables in r.10(2)-(3)).

Executive officer and President powers

• The executive officer has the operational authority to direct eligible status (r.9C), to require further information, to refund fee differences or fees paid in error (r.9E), to waive fees for copies/transcripts where it assists efficient Tribunal operation (r.9F), and to determine third‑party transcript fees based on attributable Tribunal costs (r.11).
• The President approves “approved forms” (r.3 definition), which shapes how applications for eligible status and other procedural requests must be presented.

Administrative records and member authorisations

• The regulations specify the fields that must be recorded in the Tribunal’s register for each proceeding (r.5).
• They prescribe the places at which magistrates may be authorised to act as Tribunal members (r.6 and Schedule 2).
• They set a limited class of persons (public sector employees) who may be appointed as non‑judicial members for certain enabling Acts (r.7).

Transitional mechanisms

• Transition rules treat transferred matters as having been commenced in the Tribunal (r.28(2)(a)), allow the Tribunal to rely on former adjudicators’ records (r.28(2)(b)), and preserve or permit continuation of pre‑existing time limits unless expressly altered (r.28(3)). Specific transitional rules apply to the Land Administration Act 1997 (r.33), local government appeal rights (r.55), Rights in Water and Irrigation Act 1914 (r.61), and the Strata Titles Act 1985 (r.63).

Schedules as operative maps

• Schedule 1 lists enabling Acts for the vocational regulatory body definition (r.4).
• Schedules 3, 4, 6 and 7 are operative cross‑references that determine which fee table or exemption applies to an application under a particular enactment or provision; Schedule 8 itemises “other fees” (r.27).

Taken together these concepts create the Tribunal’s administrative and economic framework: who pays and how much; who can get relief; who may sit; where magistrates may sit; and how legacy matters transfer into the Tribunal system.

The regulations reach multiple participants in administrative review and Tribunal processes by altering access costs, administrative obligations and who may serve in certain Tribunal roles. The core affected groups are:

Applicants and parties to Tribunal proceedings

• Individuals and entities who make applications under enabling Acts listed in Schedules 3, 4, 6 or otherwise, are subject to the fee structure in Part 3 and Schedule 8 (r.9, r.10, r.11B, r.27; Schedule 8). The applicant generally pays the application fee unless the application was made by a referring person and the referring person’s application names a different applicant, in which case the fee must be paid by the person who is the applicant for the proceeding (r.8(2)).
• Parties who are under 18 are exempt from fees for the matters concerned (r.8(5)(b)).

Eligible individuals and eligible entities

• Persons who satisfy r.9A(2) or r.9A(3), or who are declared by the executive officer under r.9C to be eligible, are entitled to pay reduced fees in the appropriate fee columns (r.8(4)). Eligible categories include certain Commonwealth concession card holders, recipients of specified Commonwealth allowances, recipients of legal aid in respect of the specific proceedings, and others the executive officer determines should pay only eligible fees (r.9A, r.9C).

Referring persons and Ministers

• When a referring person files an application, the rules make clear the person who is legally the applicant must pay the applicable fee (r.8(2)). Certain high‑level public office holders are explicitly exempt from paying fees: Ministers of the Crown in right of a State, the Commissioner under the Fair Trading Act 2010 s.55, the CEO as defined in the Health Legislation Administration Act 1984 s.3, the Commissioner of Police and the Commissioner of State Revenue (r.8(1)).

Public sector employees and Tribunal membership

• The regulations enable persons who are public sector employees to be appointed as non‑judicial members in respect of original‑jurisdiction matters arising under specified enabling Acts (r.7 lists Guardianship and Administration Act 1990; Health Practitioner Regulation National Law (WA); Mental Health Act 2014; Teacher Registration Act 2012). That affects recruitment, appointment pools, and possible conflicts or role allocations within the Tribunal.

Magistrates and authorised places

• Magistrates authorised to perform Tribunal functions are limited to the places listed in Schedule 2. Those magistrates and the communities served by those locations are directly affected when magistrates are authorised to sit as members for Tribunal business (r.6, Schedule 2).

Legal aid providers and entities

• Entities and individuals granted legal aid in respect of the proceedings receive eligible status under the fee regime (r.9A(2)(e), r.9A(3)(a)). Legal aid funding therefore intersects with Tribunal access costs.

Requestors of Tribunal records, transcripts and certified copies

• People who are not parties but request copies or transcripts face specific fee rates and conditions, including third‑party transcript fee determination by the executive officer (r.11, Schedule 8 items 2-5). Those rates vary with urgency and format (electronic/paper), and the Tribunal can waive certain fees if it assists efficient operation (r.9F).

Enabling Act administrators and agencies

• Administrators and agencies responsible for enabling legislation listed in Schedules 1, 3, 4, 6 and 7 must recognise the linkages: those Schedules determine the applicable fee structure and transitional consequences when jurisdiction changes (r.4, r.9, r.10, r.11A, Schedules). For example, an agency whose decisions are reviewable under provisions listed in Schedule 7 benefits from a fee exemption under r.11A for applications under those enactments.

Clients and practitioners

• Lawyers, accountants and advisers acting for applicants must navigate the fee tables, apply for eligible status where relevant using approved forms (r.3, r.9B), and be alert to the stay on proceedings until fees for commencement are paid (r.8(3)). They also must ensure accuracy in applications for eligible status because r.9D creates a specific offence for false or misleading representations.

Stakeholders in transition

• Parties with matters transferred from former adjudicators or other tribunals are affected by transitional provisions (r.28, r.33, r.42, r.63) that preserve prior time limits, records, and in some cases documentation and certificates (r.63 dealing with Strata Titles Act documents). That affects claim strategies, limitation arguments and evidentiary continuity.

In sum, the regulations shape who bears cost of access, who may obtain reduced fees, where Tribunal members may be drawn from, where magistrates may sit, and how legacy matters are treated; these are practical, procedurally decisive effects on applicants, practitioners, public agencies and Tribunal personnel.

The regulations create a set of duties (pay fees, apply properly for eligible status, supply information) and correlative rights (fee relief, refunds, access to records) that participants must observe. Key duties and rights include the following, with direct citations.

Duty to pay or seek fee relief before proceedings proceed

• Duty: A proceeding is stayed until the commencement fee required under Part 3 is paid (r.8(3)). Practically this requires applicants to ensure the applicable fee is paid promptly to avoid procedural delay.
• Right: Applicants who meet eligible categories (r.9A) or who are granted eligible status by the executive officer (r.9C) pay the reduced eligible individual/entity fee shown in the relevant fee item (r.8(4)).

Duty to apply in approved form and to provide information

• Duty: An application to be recognised as an eligible individual or entity must be in the approved form and must specify the fee item it relates to (r.9B(2)). The executive officer may request further information orally or in writing and require it be provided accordingly (r.9C(3)-(4)).
• Right: There is no fee for applying for eligible status (r.9B(3)).

Duty of accuracy and criminal sanction for false or misleading applications

• Duty: Applicants for eligible status must not make statements the applicant knows, or has reason to believe, are false or misleading in a material particular (r.9D(1)).
• Enforcement/right: A contravention of r.9D(1) is an offence attracting a fine of $1,000; the executive officer may revoke eligible directions after giving the person an opportunity to make written submissions and may direct payment of the fee difference (r.9D(1)-(3)).

Right to refunds and waivers

• Right: The executive officer may refund the difference between a fee paid and the fee that should have been charged under the regulations (r.9E(1)) and may refund fees paid in error (r.9E(2)).
• Right/Discretion: The executive officer may waive certain copy/transcript fees (Schedule 8 items 2 or 5) where waiving would assist the efficient operation of the Tribunal (r.9F).

Duty to pay higher fees where the applicant is an entity or not eligible

• Duty: Fees are set out in columns A, B and C in the tables (r.9, r.10, r.11B). Column B typically applies to entities that are not eligible entities; Column C applies to eligible individuals; Column A often applies to individuals who are not eligible individuals or to eligible entities where specified. Practitioners must identify which column applies.

Right to third‑party transcripts under cost recovery

• Right: Non‑parties may request copies of transcripts; if the Tribunal has not already prepared the transcript, the executive officer determines a fee representing the Tribunal’s directly attributable costs for preparation and related acts (r.11(1)-(3)). Schedule 8 also prescribes standard transcript fees and urgency loadings where transcripts are prepared.

Right to register entries and records

• Right/Duty: The Tribunal’s register must include specified fields, including proceeding number, commencement date, names of the referring person, applicant, other parties and notifiable persons, enabling Act and provision relied on, withdrawal dates, final decision, and transfer details where relevant (r.5). Parties can expect that those elements will be recorded in accordance with r.5.

Duty on public authorities and agencies during transition

• Duty/Right: Where jurisdiction has been transferred to the Tribunal, existing time limits and procedures that applied before the transfer are to be treated as continuing to the extent possible, and the Tribunal may consider the records of the former adjudicator (r.28(2)-(3)). Specific transitional protections and continuations apply to the Land Administration Act (r.33), local government appeals (r.55), the Rights in Water and Irrigation Act (r.61), and Strata Titles Act matters (r.63).

Duty to comply with other written laws providing fee exemptions

• Duty/Right: A person is not required to pay a fee if another written law expressly provides exemption for that type of matter (r.8(5)(a)). Practitioners must check enabling Acts for fee exemptions in addition to the regulations.

Presidential and executive officer procedural roles

• Duty/Right: The President approves forms (r.3 definition), which affects how applications are presented. The executive officer decides eligible recognitions, refunds, waivers and transcript cost determinations (r.9C-9F, r.11), creating an administrative decision‑making role with review implications under the Act.

In aggregate the regulations impose predictable administrative duties (payment, application format, information provision, accurate statements) and create formal rights to fee relief, waivers, refunds and records, along with procedural records that the Tribunal must maintain (r.5). The regulations concentrate discretionary powers in the executive officer for fee relief (r.9C, r.9E, r.9F, r.11) and in the President for approving forms (r.3).

The regulations contain a limited set of explicit enforcement mechanisms and penalties; most enforcement relates to fee defaults and administrative remedies rather than criminal sanctions. The primary enforcement and penalty features are these.

Monetary penalty for false or misleading statements

• Criminal element: Regulation 9D(1) creates an offence for making a statement or representation in an application under r.9B(1) , or in providing further information , that the person knows or has reason to believe is false or misleading in a material particular. The statutory penalty is a fine of $1,000.
• Administrative consequence: Under r.9D(2) the executive officer may, after giving the person an opportunity to make written submissions, revoke any direction made under r.9C(1) or (2) (the directions that confer eligible individual/entity status). If revoked, r.9D(3) permits the executive officer to direct the person to pay the difference between the fee they paid and the fee that would otherwise have been payable.

Proceedings stayed until commencement fee paid

• Enforcement mechanism: Regulation 8(3) automatically stays a proceeding before the Tribunal until the commencement fee required by Part 3 is paid. The stay functions as an immediate procedural enforcement device to secure payment of fees before Tribunal work proceeds.

Refund and waiver powers

• Administrative control: The executive officer has power to refund overpaid or erroneously paid fees (r.9E(1)-(2)). The executive officer may also waive certain copy or transcript fees if waiving promotes efficient Tribunal operation (r.9F). These are discretionary remedies rather than penalties, but they are tools to correct administrative errors or to manage access costs.

Fee collection and differential recovery

• Recovery: Where eligible status is revoked under r.9D, the executive officer may direct payment of the fee difference (r.9D(3)). The regulations do not specify debt recovery procedures; such recovery would be pursued under applicable public administration processes.

Court or statutory review

• Implied enforcement channel: The regulations vest significant decision‑making power in the executive officer and the President (r.3, r.9C, r.9E, r.9F, r.11). The Act contains review and appeal mechanisms; while the regulations do not themselves set out judicial review routes, decisions by the executive officer (e.g. eligibility directions, waiver refusals) are administrative acts susceptible to review under general law and the Act’s review architecture. The regulations do not otherwise create additional statutory penalty regimes beyond r.9D.

Third‑party transcript fee determination

• Administrative enforcement: For third‑party transcript requests where a transcript has not yet been prepared, r.11(2)-(3) gives the executive officer authority to determine a fee representing the Tribunal’s directly attributable costs. That is an enforcement mechanism to ensure cost recovery for non‑parties.

Other practical enforcement effects

• Fees act as de facto gatekeeping: Because the proceeding is stayed until the commencement fee is paid (r.8(3)), failure or delay in payment is an immediate procedural enforcement step that prevents hearings and other Tribunal action.

In short, the regulations’ explicit criminal penalty is narrow (false or misleading statements in eligibility applications under r.9D). The broader enforcement architecture relies on fee‑linked procedural controls (stays), refund/waiver discretion, and the executive officer’s cost‑recovery powers to regulate behaviour and protect Tribunal resources.

The regulations are heavily cross‑referential and designed to operate as the administrative and fee framework that overlays many enabling Acts listed in the Schedules. The interactions fall into a few categories: definitional links, fee attachment, jurisdictional transfer and transition, and exemptions under other written laws.

Definitional and jurisdictional links

• Vocational regulatory bodies: For the Act’s definition of “vocational regulatory body” the regulations prescribe the enabling Acts listed in Schedule 1 (r.4). Schedule 1 presently includes Architects Act 2004; Building Services (Registration) Act 2011; Health Practitioner Regulation National Law (WA); Legal Profession Uniform Law (WA) and others. The effect is that the Act’s jurisdictional and procedural rules that depend on that definition will apply to functions created by those enabling Acts as identified in Schedule 1.

Attachment of fees to enabling Act provisions

• The fee tables in r.9 are explicitly tied to the enabling Act provisions listed in Schedules 3, 4 and 6. An application made “under or in relation to” a provision listed in a Schedule attracts the fees set in the corresponding Table (r.9(1)-(4)). This makes the regulations the vehicle by which costs of Tribunal review are allocated across a wide set of statutory regimes, including the Strata Titles Act 1985 (multiple provisions in Schedules 3, 4 and 6), Planning and Development Act 2005 (r.10 and Schedules where applicable), the Rights in Water and Irrigation Act 1914 (transitionary coverage at r.61) and many others (Schedules list the specific sections).

Transitional and transfer interactions

• Transfer of matters from former adjudicators and specialized tribunals is managed through r.28, which preserves records and time limits to the extent possible. That provision explicitly references the Act’s s.167 (transfer provisions) and allows the Tribunal to regard the former adjudicator’s records (r.28(2)(b)). Specific transitional rules apply to the Land Administration Act 1997 (r.33), Strata Titles Act 1985 (r.63), local government appeals (r.55), and the Rights in Water and Irrigation Act 1914 (r.61), clarifying how pre‑existing certificates, orders and appeals are to be treated when jurisdiction moves to the Tribunal.

Interaction with enabling Acts that confer fee‑free access

• The regulations recognise that other written laws may exempt persons from paying fees: r.8(5)(a) provides that no fee is required where a written law provides the exemption. Schedule 7 lists enactments for which applications attract no fee (r.11A), and this list includes a range of provisions such as sections under the Children and Community Services Act 2004 and Mental Health Act 2014. Practitioners must check the enabling Act as well as the regulations to determine fee obligations.

Legal aid and Commonwealth concession linkages

• The eligible individual/entity categories (r.9A) explicitly reference Commonwealth instruments (Centrelink cards, AUSTUDY, ABSTUDY) and legal aid granted under the Legal Aid Commission Act 1976 or equivalent schemes under Commonwealth, State or Territory laws. Thus Commonwealth entitlements directly affect State Tribunal fee treatment.

Interaction with Tribunal Act and administrative powers

• The regulations use terms and cross‑references to the Act (for example r.5 for register content refers to the Act s.155(1)). The Act supplies the Tribunal’s decision‑making, review, enforcement and membership framework; the regulations flesh out administrative detail (forms, fees, places, transitional handling). The President’s and executive officer’s discretions established in the regulations (approved forms, fee directions, waivers) operate within the Act’s institutional structure.

Amendment and regulation by other subordinate instruments

• The compilation table and the notes show many statutory instruments that have amended fees and other detailed rules (Attorney General Regulations Amendment , Fees and Charges; State Administrative Tribunal Amendment Regulations across multiple years). This means fees and procedural details are frequently updated by separate statutory instruments (see Compilation table), requiring practitioners to check the current regulation version and recent statutory instruments.

Interplay with evidence and certification regimes

• Specific provisions preserve or convert documentary certifications made under earlier Schemes when transition occurs (r.63), for example treating certificates or orders made by a Strata Titles Referee before the commencement day as if certified by the Tribunal’s executive officer after commencement.

Overall, the regulations act as an integrative layer between the Act and a large number of enabling Acts, mapping fee outcomes, member appointment classes and transitional arrangements across those statutes. Practitioners need to align the specific enabling Act provision under which review is sought (Schedules 3, 4, 6, 7) with the appropriate fee table and transitional rule.

The regulations have been amended repeatedly since their initial publication, predominantly to update fee schedules, add or remove enabling Act entries in Schedules, and modify transcript and fee‑relief rules. The compilation table in the regulations provides a chronological map of those changes; the following is a distillation keyed to notable recurring themes and the instrument history shown in the compilation table and notes.

Original and commencement

• The State Administrative Tribunal Regulations 2004 were published 30 December 2004 and commenced 1 January 2005 (r.2 and Compilation table).

Early amendments

• Amendments in 2007 (State Administrative Tribunal Amendment Regulations (No. 2) 2007 and State Administrative Tribunal Amendment Regulations 2007) added fee tables and revised schedules; those instruments largely came into force in mid‑2007 (Compilation table entries for 2007).

Ongoing fee updates and additions

• Multiple amendments (2008-2019) show a pattern of recurrent fee updates and reallocation of enabling Act provisions in Schedules 3, 4, 6 and 7. Instruments routinely titled “Attorney General Regulations Amendment (Fees and Charges) Regulations” and various State Administrative Tribunal Amendment Regulations adjusted fees (Compilation table entries for 2011, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025 and 2026 reflect ongoing updates).
• Notably several amendments updated transcript fees and how transcript costs are determined (Attorney General Regulations Amendment (Transcript Fees) Regulations 2018 and 2019).

Addition of eligible fee relief framework (2016)

• Regulation 9A-9F (who is an eligible individual or eligible entity; application, recognition, false statements, refunds, waivers) were inserted by the Attorney General Regulations Amendment (Fees) Regulations 2016 (Gazette 14 June 2016). Those provisions introduced the application/recognition process and the criminal penalty for false or misleading statements (r.9D). Subsequent amendments (2018 onward) adjusted the operation and references of those provisions.

Schedule and provision modifications

• Schedules have been amended across the years to add or remove enabling Act provisions. For example Schedule 1 has been amended (Gazette entries and SL amendments up to SL 2026/20 r.4). Schedule 6 shows many specific amendments across 2008-2022 (Compilation table entries and Schedule 6 note list).

Transitional additions and deletions

• Several earlier Schedules and regulations have been deleted or consolidated over time (the regulations include bracketed “deleted” entries indicating earlier reworks; e.g. regs 12-24 deleted in 2007). The notes explain deletions of items now unnecessary due to the conferral of jurisdiction by separate amending Acts (see Notes).

Recent consolidations and editorial changes

• The compilation table includes reprints and an editorial change note authorised under the Legislation Act 2021 Part 3. The regulations indicate the latest editorial consolidation as at 14 June 2024 and list amendments up to SL 2026/20 (Compilation table). This means practitioners must check the online consolidated instrument for the current wording and fee figures as at any given date.

Practical consequence

• The repeated pattern of fee amendments by Attorney General regulations and State Administrative Tribunal Amendment Regulations indicates that fee quantum, the inclusion or removal of enabling Act provisions from Schedules, and transcript charging mechanics are the primary features updated. For a practitioner, that means the fee tables and schedules are subject to frequent change through subordinate instruments rather than primary legislation.

The compilation table in the regulations should be treated as the authoritative roadmap for amendment timing; it lists each amending instrument, publication date and commencement date. Always verify the current consolidated version on the WA Legislation website before advising on current fee liability or procedural forms.

This instrument is a set of regulations and does not itself report litigation or case law. The text contains no case citations or judicial decisions. The regulations do, however, reference procedural connections to judicial or quasi‑judicial elements of the State Administrative Tribunal Act 2004 (for example references to Act s.155(1) regarding the register in r.5, and to Act s.167 regarding transferred matters in r.28). The regulations also reference former adjudicators and their records where matters transfer into the Tribunal (r.28(2)).

What the source includes

• The regulations provide transitional mechanisms enabling the Tribunal to treat former adjudicators’ records and determinations as if done under the Tribunal’s procedures (r.28(2)(b), r.63(3)-(7)). They do not reference any reported or unreported determinations or judicial reviews arising from these regulations.

What the source omits

• There are no cases, appeals, or litigation outcomes mentioned in the regulations. There is no statutory guidance in these regulations on appeals from executive officer decisions under r.9C (for example, a refusal to recognise eligible status) beyond the executive officer’s internal powers (r.9D revocation process), although those decisions may be reviewable under the Act or general administrative law principles , a matter outside the text of the regulations.

Implications for research

• To assess litigation or contested administrative law issues arising from the regulations (for example disputes over the executive officer’s exercise of discretion, refusal to waive fees, or alleged misapplication of r.8(3) stays), researchers must search case law databases and Tribunal decisions under the Act. The regulations themselves provide no record of litigation or judicial interpretation.

Practical note for litigators and reviewers

• Because the regulations vest significant administrative discretion in the executive officer (r.9C, r.9E, r.9F, r.11) and set direct procedural consequences (stays under r.8(3), revocation under r.9D(2)), litigation or review is most likely to arise from those discretionary acts or from disputes over fee classification (which fee column applies to which party). The regulations do not specify internal review or appeal channels exclusive of the Act; therefore judicial review and statutory appeal mechanisms in the Act or elsewhere will be the routes to challenge decisions made under these regulations.

In short, the regulations themselves contain no litigation history or cited cases. Any litigation history relevant to their application must be located outside this instrument in Tribunal decisions and judicial reviews of administrative acts under the Act.

This section highlights concrete procedural, timing and cost traps the regulations create or expose. Each item is grounded in the text and cites the relevant provision.

Proceeding is stayed until commencement fee is paid (r.8(3))

• A common operational issue: if the applicant or their agent fails to pay the commencement fee, the proceeding is stayed and the Tribunal will not proceed. The stay is automatic under r.8(3). Practitioners must not assume filing an application alone starts substantive timelines or hearings , payment triggers active processing.

Fee column misclassification and the eligible categories (r.8(4), r.9A)

• The fee tables use three columns (A, B, C) for different payer classes. Misidentifying the payer as an eligible individual/entity versus an ordinary individual or entity will produce materially different fees (sometimes large differentials; see r.9 tables and Schedule 8). Note that “individual” excludes public officers acting in the course of their duties (r.3). Verify whether a client holds one of the specified Centrelink cards, falls within Commonwealth allowances, or has legal aid for that specific proceeding (r.9A).

Executive officer discretion is wide but administratively light on process (r.9C, r.9E, r.9F)

• The executive officer can direct eligible status on grounds of financial hardship or the interests of justice (r.9C(1)-(2)), refund fees (r.9E) and waive certain copy/transcript fees to assist efficient operation (r.9F). The regulations permit the executive officer to ask for further information orally or in writing (r.9C(3)-(4)). There is no detailed procedural code for these exercises of discretion in the regulations themselves (for example no timeframes for decisions), which can lead to uncertainty and delay unless the Tribunal publishes internal procedures.

False or misleading statements in eligible applications carry a fine and cost recovery risk (r.9D)

• An applicant who makes a false or misleading material representation in an application for eligible status risks a $1,000 fine (r.9D(1)), revocation of the direction (r.9D(2)), and being ordered to pay the fee difference between the eligible fee paid and the fee that should have been paid (r.9D(3)). Practitioners must ensure accuracy and documentary proof when applying for eligible status.

Third‑party transcript requests can be charged on a cost basis (r.11)

• If a third party requests a transcript that has not been prepared, instead of the standard Schedule 8 fees the executive officer can set a fee equal to the Tribunal’s directly attributable costs (r.11(2)-(3)). This can lead to fees materially higher than the standard Schedule 8 rates if the executive officer calculates overheads or related costs. For non‑parties, expect a bespoke cost estimate and seek early clarification.

Waiver powers do not create an entitlement; they are discretionary (r.9F)

• The executive officer “may” waive copy/transcript fees where it would assist efficient Tribunal operation (r.9F). There is no mandatory test. Practitioners should not rely on an expectation of waiver and should prepare to fund copy/transcript fees unless a published Tribunal practice indicates otherwise.

Applications under certain enactments attract no fee (r.11A and Schedule 7)

• Items listed in Schedule 7 are fee‑free under r.11A. Failure to check Schedule 7 can lead to unnecessary payment or overcharging. The list includes sections under Mental Health Act 2014, Children and Community Services Act, and others (see Schedule 7). Confirm that the application provision sits within Schedule 7 before paying.

Multiple amendment vehicles , check the consolidated version

• Fees and schedules are regularly adjusted through subordinate instruments (Compilation table). Different amendments have different commencement dates. Always consult the consolidated, current instrument on the WA Legislation site rather than relying on older printouts or memory.

Minor exemptions and definitional quirks (r.3, r.8(1), r.8(5))

• “Individual” excludes a public officer acting in the course of duties (r.3). Certain public office holders are specifically exempt from paying fees (r.8(1)). Also, persons under 18 are exempt from fees (r.8(5)(b)). Misreading these can cause incorrect fee charging or failure to apply for refunds.

Development‑related classifications are value and property sensitive (r.10)

• Planning-related review applications are split into Class 1 and Class 2 based on value and development type (r.10(1)). Misclassification of a development’s value or lot structure will change the applicable fee significantly. Practitioners must verify project valuation and lot configuration against the thresholds in r.10(1) before lodging.

Register contents and transfer data must be tracked (r.5)

• The register must record, among other things, transfer dates and the name of the former adjudicator when a matter is transferred under the Act s.167 (r.5(g) and (g)(i)-(iii)). Parties should preserve and supply former adjudicator records to avoid loss of evidence or procedural challenges.

Certification and copy costs are incremental (Schedule 8)

• Copying, certification and per‑page transcript charges are real costs (Schedule 8 items 2-5). For multi‑page decisions or multiple copies, the per‑page rates and the certification fee (Schedule 8 item 4) can add up. For urgent transcripts, per‑page urgent loadings apply (Schedule 8 item 5(a)(i)-(vi)).

Taken together these “gotchas” show that fee classification, accurate applications for eligible status, awareness of executive officer discretion and attention to the current consolidated regulation are the principal operational risks.

This section gives a practical, step‑by‑step checklist and control points for applicants, practitioners, public agencies and Tribunal staff to comply with the regulations. Each step references the pertinent regulation(s).

1. Establish the correct enabling Act and provision for the application

• Action: Identify the statutory provision under which the application is made.
• Why: Fee tables and exemptions are applied by reference to the enabling Act and the particular provision (see Schedules 3, 4, 6 and 7 and r.9, r.10, r.11A, r.11B).
• Citation: r.9, r.10, r.11A, Schedules 3, 4, 6 and 7.

2. Determine which fee table and fee column applies

• Action: Once the enabling Act/provision is identified, consult the corresponding fee Table (r.9 or r.10 or r.11B) to identify Column A/B/C rates. Confirm if Schedule 7 provides a fee exemption.
• Why: Fees differ by payer class and by the enabling Act; misclassification can lead to default or refunds.
• Citation: r.9, r.10, r.11B, r.11A.

3. Check whether the applicant qualifies as an eligible individual or eligible entity

• Action: Check client status against r.9A categories (Centrelink cards, specified allowances, legal aid for the specific proceeding, or executive officer direction).
• If not automatically eligible, prepare an application under r.9B in the approved form requesting recognition as an eligible individual or eligible entity.
• Why: Eligible status reduces fees (Column C or eligible entity fee). The regulations permit an application process for executive officer discretion on financial hardship or interests of justice.
• Citation: r.9A, r.9B, r.9C, r.3 (approved form).

4. Submit the eligible status application correctly and supply requested information

• Action: Use the President‑approved form; specify the fee item you seek reduced for; attach documentary proof (e.g. concession card, legal aid certificate, Centrelink correspondence).
• If the executive officer requests further information under r.9C(3), comply promptly in writing or orally as requested.
• Why: The executive officer may refuse or revoke an eligibility direction if material is omitted or misleading; r.9D creates an offence for false or misleading statements.
• Citation: r.9B(2)-(3), r.9C(3)-(4), r.9D(1)-(3).

5. Pay the commencement fee before or on filing to avoid the stay

• Action: Ensure the applicable commencement fee is paid when lodging the application or promptly thereafter.
• Why: The proceeding is stayed until the required commencement fee is paid (r.8(3)).
• Citation: r.8(2)-(3), fee Tables in r.9, r.10, r.11B.

6. If charged in error or overcharged, apply for a refund

• Action: If a fee was paid but a lower fee applies (for example due to later recognition as eligible), apply to the executive officer for a refund of the difference or for payment in error (r.9E).
• Why: The executive officer has authority to refund overpayments and errors (r.9E).
• Citation: r.9E(1)-(2).

7. If you are a third party requesting transcripts, seek a cost estimate early

• Action: For non‑party transcript requests where no transcript exists, ask the executive officer for the cost estimate under r.11(3). For standard formatted transcripts or copies, consult Schedule 8 for per‑page and urgency rates.
• Why: The executive officer may set a charge equal to the Tribunal’s directly attributable costs which can exceed standard Schedule 8 rates (r.11(2)-(3)).
• Citation: r.11(1)-(3), Schedule 8 items 5 and 2-4.

8. If a waiver may be justified, make a discrete waiver request

• Action: Where the copy or transcript fee is problematic, apply to the executive officer for a waiver under r.9F, explaining how waiver will assist efficient Tribunal operation.
• Why: Waiver is discretionary and not automatic; provide a concrete operational rationale for the Tribunal.
• Citation: r.9F.

9. Preserve and supply former adjudicator records if matter transferred

• Action: If the matter has been transferred under s.167 of the Act, preserve any records of the former adjudicator and supply them as needed; the Tribunal may consider them (r.28).
• Why: r.28(2) permits the Tribunal to have regard to former proceedings’ records and to treat earlier acts as having been done under the Tribunal’s procedure.
• Citation: r.28(2)-(3).

10. Verify who may be appointed as non‑judicial members and where magistrates may sit

• Action: If the matter implicates non‑judicial members who are public sector employees (r.7) or a magistrate authorised to perform functions (r.6 and Schedule 2), ensure appointments meet these criteria.
• Why: Inappropriate appointments risk procedural challenge and jurisdictional error.
• Citation: r.7, r.6, Schedule 2.

11. Keep records of fee payments and eligibility applications

• Action: Maintain contemporaneous documentation of payments, eligible status applications, executive officer correspondence, refund requests and waiver submissions.
• Why: r.9D contemplates revocation and recovery; good records are essential for defence and refund claims.
• Citation: r.9D, r.9E.

12. Check the current consolidated regulations and recent amending instruments

• Action: Before lodging, verify the consolidated provisions on the WA Legislation website and check recent amending instruments cited in the Compilation table.
• Why: Fee rates and Schedule inclusions change frequently via subordinate instruments.
• Citation: Compilation table and Notes; r.27 for Schedule 8 as recently inserted.

13. Practitioners should manage client expectations about costs and timing

• Action: Advise clients that application fees are payable to commence proceedings, that transcript and copy costs can be additional and that fee relief requires application and may be discretionary.
• Why: The stay provision and discretionary relief mean timelines and outlays are uncertain until fee and eligible status questions are resolved.
• Citation: r.8(3), r.9B-9F, r.11.

This checklist is procedural and grounded in the regulations’ operative text. For matters where fees are contested, or where executive officer discretion is central (r.9C/9F/9E/11), prepare a written record and consider seeking directions or interlocutory steps under the Act to preserve time and costs positions.