Introduction of the Food Act 2008 The introduction of the Food Act 2008 (Act) resulted in significantly higher maximum penalties for offences relating to the preparation, handling, and sale of food.  Previously, the maximum penalties under the Health Act 1911, as...

Dog attacks are an unfortunate occurrence that most local governments are required to deal with on a relatively frequent basis. As a serious offence under the Dog Act 1976 subject to a maximum penalty of $20,000 dog attacks are determined in court rather than by way...

Local governments frequently receive complaints in relation to residential properties being used for the storage of materials. Depending on the nature and quantity of the materials, and the purpose for which the materials are being stored, there may be a...

The Supreme Court recently handed down its decision in Stewart v City of Belmont [2016] WASCA 5 in which it considered the service of prosecution notices by local governments. It has been suggested the decision will have a significant impact on the service of...

Use of infringement notices Typically, infringement notices are issued in relation to offences which may be considered to be at the lower end of the scale of seriousness, such as parking offences. The use of infringement notices allows local governments to address...

Does the grant of retrospective approval for unlawful development prevent prosecution proceedings in respect of the original failure to obtain approval? Overview Section 164 of the Planning and Development Act 2005 (Act) plainly recognises that a local authority may...