Whiteman councillor Dave Knight has taken a question about his eligibility to sit as a councillor to the State Administrative Tribunal.

Question over councillor’s eligibility goes to the SAT

Swan councillor Dave Knight has applied to the State Administrative Tribunal after concerns were raised about his eligibility to sit as a councillor.

May 29, 2025

Anita McInnes

A CITY of Swan councillor has applied to the State Administrative Tribunal (SAT) after questions about his eligibility to sit as a councillor emerged.

Whiteman ward councillor Dave Knight confirmed with Echo News on Wednesday morning that he applied to SAT in April and that a hearing will be held on Friday, June 6.

During question time at a City of Swan meeting on April 9 former Labor minister Gavan Troy said under the Local Government Act the essential requirements were for a councillor to be 18-years-old, an Australian citizen or a British subject prior to 26 January 1984 and an elector of the local government district (bearing in mind that had two elements – either a residential qualification or property owner).

Mr Troy then asked if any councillor had been asked about their eligibility in the past six months and what action had been taken at a City of Swan meeting on April 9.

City of Swan chief executive officer Stephen Cain responded “yes and the matter has been passed onto the Western Australian Electoral Commission”.

Echo News asked the Department of Local Government, Sport and Cultural Industries (DLGSC) what a local government was required to do and when, if for example there were concerns an elected councillor was not eligible to be on a council if they did not reside or own property in the area.

DLGSC said the Local Government Act 1995 (Act) was the key piece of legislation responsible for the governance of local governments.

“Part 2 division 5 of the Act outlines that if a local government CEO has reason to believe an elected member of council does not reside within the local government area, they are required to give written notice to the member indicating the reasons why the CEO believes they are disqualified,’’ a DLGSC spokeswoman said.

“Under part 2 division 5 of the Act, progression to SAT is available to both the CEO and the accused member.’’

Echo News asked the City of Swan to confirm if Mr Cain had given written notice to Cr Knight and what his response had been.

“In April 2025 Cr Knight made an application to SAT on the matter of his qualification to hold office as a council member,’’ a city spokesman said.

“The application will progress in accordance with the SAT process.’’