A [2026] WASAT 61

[2026] WASAT 61 Page 1 JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL ACT : GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) CITATION : A [2026] WASAT 61 MEMBER : DR E MARILLIER, SENIOR MEMBER HEARD : DETERMINED ON THE DOCUMENTS DELIVERED : 25 MAY 2026 PUBLISHED : 25 MAY 2026 FILE NO/S : GAA 2058 of 2025 A Represented Person TH Applicant Catchwords: Guardianship and administration applications - Confidentiality provisions - No presumption of access to transcript on closed matter - Decisions on access made on consideration of best interests of proposed represented person - Compelling reason needed to justify access to documents or transcript - Documents or transcript to which access granted cannot be disclosed or published to third parties without permission of Tribunal - Request for access 'for my records' not a compelling reason - Request for written reasons pursuant to s 78 State Administrative Tribunal Act 2004 (WA) within 28 days of a decision -- 1 of 8 -- [2026] WASAT 61 Page 2 Legislation: Guardianship and Administration Act 1990 (WA), s 3, s 4(2), s 4(3), s 17A, s 40, s 78, s 78(1), s 112(4), s 113, Sch 1, cl 12 State Administrative Tribunal Act 2004 (WA), s 78 Result: Access to transcript refused Application dismissed Category: B Representation: Counsel: Represented Person : N/A Applicant : N/A Solicitors: Represented Person : N/A Applicant : N/A Case(s) referred to in decision(s): CD [2020] WASAT 41 GC and PC [2014] WASAT 10 -- 2 of 8 -- [2026] WASAT 61 Page 3 REASONS FOR DECISION OF THE TRIBUNAL: Introduction 1 TH made an application under s 40 of the Guardianship and Administration Act 1990 WA (GA Act) seeking the appointment of an administrator and a guardian for A, who was her neighbour in a strata complex. The application was made on 15 April 2025. 2 The application and subsequent documents filed by TH revealed ongoing concerns she held that A may be being influenced by others within the strata complex and council of owners. TH alluded to alleged potential breaches of the Strata Titles Act by these parties, including conflict over TH's use of A's parking bay. TH attached multiple email conversations between herself and the strata manager, and between herself and the community services coordinator at the local council. 3 There was no information in the application about what potential sources of professional information there might be regarding A's medical condition, or any qualified opinion regarding her capacity to make reasonable judgments. It appeared A had refused assistance from the local council, including an offered referral to Advocare. 4 The matter was listed to a Directions Hearing on 15 May 2025. TH withdrew her application after the legal issues in guardianship and administration were explained to her. This included the presumption of capacity, and the need for clear and cogent evidence to set that aside.1 5 TH applied for a copy of the transcript of the directions hearing at which she withdrew her application on 8 May 2026, almost a year later. She stated that the reason she sought a copy of the transcript was 'for my records'. 6 I made orders on 11 May 2026 refusing access on the basis that the request did not relate to a current proceeding under the GA Act, and that no sufficient reason had been provided that clearly stated the purpose of the request. 7 TH filed a document on 12 May 2026 seeking to clarify that she did not seek access to documents on the Tribunal file, but to purchase a copy 1 GA Act s 4(3); GC and PC [2014] WASAT 10 [36]. -- 3 of 8 -- [2026] WASAT 61 Page 4 of the transcript. No additional information was provided for the reason TH sought to have a copy of the transcript. 8 I listed the matter to a directions hearing on 28 May to give TH the opportunity to be heard. The listing order of 19 May 2026 stated, '[t]he purpose of the directions hearing is further exploration of the reason for the applicant's request for a copy of the transcript'. 9 On 20 May 2026, the applicant filed a document stating she did not intend to attend the scheduled directions hearing. She wrote 'I have already explained that I am requesting only a copy of the transcript of the hearing proceedings for my personal records and to retain an accurate record of the proceedings relating to concerns I raised at the time … In the circumstances, I do not believe I can provide any further information beyond what has already been communicated to the Tribunal'. 10 TH then requested the Tribunal provide reasons for refusal in writing. Legislative framework 11 Section 78 of the State Administrative Tribunal Act 2004 (WA) (SAT Act) states: Written reasons may be requested (1) If the Tribunal makes a decision, whether or not a final decision, without having reserved its decision and does not give its reasons for the decision in writing, a party may, within the period of 28 days after the day on which the decision is given, request that the Tribunal give its reasons in writing. (2) The Tribunal is to give written reasons that a party requests under subsection (1) within the period of 90 days after the day on which it receives the request or within an extension of that period given by the President. 12 A making of, or refusal to make, an order under s 112(4) of the GA Act is a 'determination' of the Tribunal.2 This allows the possibility of the 'determination' being reviewed by a Full Tribunal under s 17A of the GA Act. I consider in this context that a 'determination' constitutes a 'decision' that will be subject to s 78 of the SAT Act. 2 GA Act s 3 (determination (h)). -- 4 of 8 -- [2026] WASAT 61 Page 5 13 The primary concern of the State Administrative Tribunal shall be the best interests of … any person in respect of whom an application has been made.3 14 Section 112(4) of the GA Act states: (4) The State Administrative Tribunal may on the application of any person - (a) by order, authorise any person, whether conditionally or unconditionally, to inspect or otherwise have access to any document or material lodged with or held by the Tribunal for the purposes of any application; and (b) make any other order contemplated by this section. 15 In CD [2020] WASAT 41 [40] - [45], President Pritchard (as she then was) explained (footnotes omitted): 40 A 'proceeding' includes the processes that lead to the making of the final decision by the Tribunal that disposes of the matter raised by an application. (An original application for a guardianship or administration order under s 40 of the GA Act, and any review of the orders made on such application, are treated as distinct and separate proceedings for the purposes of applications under s 112 of the GA Act). Once a proceeding has concluded - with a final determination by the Tribunal - a party to that proceeding no longer has an entitlement to inspect or access documents or material under s 112(2) of the GA Act. Instead, that party may apply to inspect or have access to documents pursuant to s 112(4) of the GA Act. 41 Thirdly, any other persons may apply to inspect or obtain access to documents or materials held by the Tribunal under the GA Act, pursuant to s 112(4), but do so with no entitlement that such inspection or access will be granted. It is apparent that not only is the Tribunal given a discretion which allows it to control who has access to the information, but that the terms of s 112 of the GA Act require the Tribunal to exercise that discretion by considering what controls over access may be required in any given case. 42 Under s 112(4) of the GA Act, the Tribunal has a broad discretion on application by any person, or on its own initiative, to allow inspection or access to documents or to withhold access to those documents. That power is not limited in its terms and in an 3 GA Act s 4(2). -- 5 of 8 -- [2026] WASAT 61 Page 6 appropriate case may include inspection or access to documents for purposes other than proceedings before the Tribunal. 43 However, given the sensitive and confidential nature of much of the material held by the Tribunal, an applicant who requests the Tribunal to exercise its discretion under s 112(4) of the GA Act for purposes not relating to proceedings before the Tribunal must provide 'very cogent reasons and demonstrate a particular need as to why the inspection should be allowed'. It will not be sufficient to rely on a 'general desire to be informed'. Nor do convenience and cost savings amount to cogent reasons for permitting access to documents under s 112(4) of the GA Act. 44 Applicants under s 112(4) of the GA Act - whether members of the public, or persons who were parties to proceedings of the Tribunal which have been determined and who seek access to documents or materials in relation to those proceedings - have no 'anticipatory entitlement' to inspect or otherwise have access to documents under that subsection. Instead, it is for the Tribunal in every case to decide if there are very good reasons to permit inspection or access having regard to the facts and circumstances raised in the application before it. 45 Section 112(4) of the GA Act is not limited to applications to inspect or access documents or materials in pending applications, or which are sought for the purposes of determining an application before the Tribunal. The Tribunal may permit a person to inspect or have access both to documents or materials that relate to an application pending before the Tribunal, and which relate to applications which have been determined. However, in exercising its discretion to grant access to documents for use other than in a proceeding under the GA Act, the Tribunal should act cautiously. In determining an application under s 112(4) of the GA Act, the Tribunal will weigh up the cogency of the reasons given for seeking access, on the one hand, and any factors which weigh against the grant of access, on the other hand. 16 There are significant penalties (including fines and imprisonment) for disclosing information regarding proceedings under the GA Act set out in s 113 and Sch 1, cl 12. Sharing information in a transcript of a GA Act matter with any person where the Tribunal has not provided explicit permission in the order for such use could expose a party to a risk of breaching these provisions.4 4 CD [33] - [34]. -- 6 of 8 -- [2026] WASAT 61 Page 7 Consideration 17 TH is seeking access to material held by the Tribunal in a closed matter under the GA Act. This falls within the principles set out in s 112(4) of the GA Act and explained in CD as set out above. She is entitled to request written reasons for my decision to refuse access pursuant to s 78(1) of the SAT Act, which applies to decisions, whether or not they are final decisions in a proceeding. These are those reasons. 18 In determining TH's application under s 112(4) I need to consider whether TH has provided cogent or 'very good' reasons for the Tribunal to permit access to the transcript or demonstrated a 'particular need'. 19 A desire to be informed will not be considered sufficient. Convenience is not a sufficient reason. 20 I have had regard to the facts and circumstances raised in the application. TH's request to have the transcript 'for her records' is not a compelling reason for the Tribunal to exercise its discretion to grant access to a copy of a transcript in a matter which has been closed for a year, since its withdrawal at a directions hearing by the applicant. 21 There is no material before me that suggests that granting access to the transcript to TH will be in the best interests of A. 22 If the applicant has ongoing concerns regarding the welfare of A, then she may make a new application under s 40 of the GA Act to the Tribunal or alternatively seek advice from the Office of the Public Advocate. 23 The application for access to the transcript is refused, as no sufficient reason has been provided to justify such access. Decision 24 For the preceding reasons, on 11 May 2026 I made the following orders: On an application pursuant to section 112(4) of the Guardianship and Administration Act 1990 (WA) the Tribunal orders: 1. [TH's] application to access the documents in relation to [A] is refused for the following reason: (a) the request does not relate to current proceedings under the Guardianship and Administration Act 1990 (WA); and -- 7 of 8 -- [2026] WASAT 61 Page 8 (b) no sufficient reason has been provided that clearly states the purpose of the request. I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal. DR E Marillier, SENIOR MEMBER 25 MAY 2026 -- 8 of 8 --