Latest news with #StateAdministrativeTribunal
The Age
2 days ago
- The Age
Perth vet's registration cancelled after multiple complaints and two dead dogs
A Perth vet has been struck off and banned from re-applying for registration for five years after a multitude of complaints against him in relation to the deaths of two dogs. Dr Adrian Burstein was found to have engaged in 22 counts of professional misconduct by the State Administrative Tribunal while working as a vet at his Clarkson practice, Ocean Keys Veterinary Hospital. A further 13 complaints against him were dismissed. The SAT findings, released on Monday, related to the care and treatment of two dogs; Malo and Meggs. The documents stated Malo, a five-year-old Dogue de Bordeaux, was taken to the clinic in January 2019. He was kept overnight, with Burstein later telling the tribunal he monitored the dog throughout the night, even charging Malo's owners an overnight monitoring fee, but the dog died of a ruptured spleen before he could be operated on the next morning. In a text message to the dog's owners the evening he died, Burstein stated that Malo was 'alone for very very few periods last night'. However, the tribunal found that was a lie and Burstein had spent much of the evening at home, and therefore did not intensively monitor the dog. Throughout the dog's admittance, Burstein communicated with his owners via text message, telling them the dog was doing well, and claimed to have examined him about 6am the following morning, which the tribunal also found was a lie. At that time, he sent the couple a photo of the dog's gums with the caption, 'stable for now' and 'colour good', implying that he had just checked the dog that morning.
Sydney Morning Herald
2 days ago
- Sydney Morning Herald
Perth vet's registration cancelled after multiple complaints and two dead dogs
A Perth vet has been struck off and banned from re-applying for registration for five years after a multitude of complaints against him in relation to the deaths of two dogs. Dr Adrian Burstein was found to have engaged in 22 counts of professional misconduct by the State Administrative Tribunal while working as a vet at his Clarkson practice, Ocean Keys Veterinary Hospital. A further 13 complaints against him were dismissed. The SAT findings, released on Monday, related to the care and treatment of two dogs; Malo and Meggs. The documents stated Malo, a five-year-old Dogue de Bordeaux, was taken to the clinic in January 2019. He was kept overnight, with Burstein later telling the tribunal he monitored the dog throughout the night, even charging Malo's owners an overnight monitoring fee, but the dog died of a ruptured spleen before he could be operated on the next morning. In a text message to the dog's owners the evening he died, Burstein stated that Malo was 'alone for very very few periods last night'. However, the tribunal found that was a lie and Burstein had spent much of the evening at home, and therefore did not intensively monitor the dog. Throughout the dog's admittance, Burstein communicated with his owners via text message, telling them the dog was doing well, and claimed to have examined him about 6am the following morning, which the tribunal also found was a lie. At that time, he sent the couple a photo of the dog's gums with the caption, 'stable for now' and 'colour good', implying that he had just checked the dog that morning.
West Australian
5 days ago
- West Australian
Kojonup sheep farmer ‘gobsmacked' by revoked gun licence ruling by State Administrative Tribunal
A Kojonup farmer and truck driver has been left 'gobsmacked' after the State Administrative Tribunal upheld an order by the WA Police Commissioner to revoke his firearms licence following an assault conviction. Simon Matthews was fined and convicted of common assault in the Katanning Magistrates Court in 2024 for his involvement in a brawl at Lake Towerinning. As a result of the conviction, the WA Police Commissioner revoked the 41-year-old's firearm licence under the Firearms Act, citing the conviction as a basis for deeming Mr Matthews no longer a fit and proper person to hold a licence. Mr Matthews surrendered his four firearms to police last year and said he had been struggling with his day-to-day duties as a farmer and stock driver since. 'I can't fulfil my duty of care with my livestock — that's the biggest impact — and controlling vermin and all the rest of it,' he said. In his evidence to the SAT, Mr Matthews claimed he was never provided the summons notice for the assault. He said it was instead delivered to his partner's workplace, meaning he consequently missed the court hearing. He was convicted under section 55 of the Criminal Procedure Act and fined $800. Mr Matthews said if he received the summons he would have appeared at court and fought the charge. The brawl at Lake Towerinning occurred on Australia Day, 2023, after Mr Matthews was involved in an altercation with a woman and her partner after developing the belief their family member had taken alcohol from his car. Mr Matthews farms primarily sheep, as well as goats, cows, and pigs, on his 400ha family farm Silver City in Kojonup, and transports livestock. Mr Matthews said the revocation of his licence meant he could not adequately put livestock down when needed, and instead had to find another person or vet with a licence. 'Trying to destroy livestock; well hitting them on the head with a hammer — that's olden day stuff, it's not right,' he said. 'When you've got your own tools you can go and do your job straight away, but if you don't have the right tools to do the job with, it can affect you because you've got to go and find someone with a gun. 'Sometimes you can't just cut a sheep's throat, you've got to get it done professionally, and the vets aren't always open.' He said he appealed the Commissioner's decision to the SAT in the hopes he would get his licence back, and would appeal the SAT's decision in a further bid to regain his firearms licence. SAT member Nova Oldfield upheld the Commissioner's decision that Mr Matthews was not a 'fit and proper' person to hold a firearms licence on the basis of the violence of the assault and the 'relatively short time' since the assault had occurred. Ms Oldfield additionally found that Mr Matthews considered himself a victim and remained 'resentful if not angry', showing no remorse or insight into his behaviour. Mr Matthews said his farming duties had been 'impacted severely' by the loss of his guns. 'We've got more work on fixing fences from kangaroos, and that's another cost,' he said.
Perth Now
6 days ago
- Business
- Perth Now
Ousted Nedlands boss sells house for $2.9m after court fight
Sacked Nedlands mayor Fiona Argyle has sold her Nedlands property as a development site, blaming neighbours who built next door for 'destroying' her privacy. Argyle sold the 1012sqm Kinninmont Avenue block for $2.9 million last month, with an advert that promised a 'compelling blank canvas' for a 'sought-after development offering'. Speaking while abroad yesterday, Ms Argyle said she sold the property — which included the separate sale of the weatherboard house structure — because her family did not want to live with the neighbouring home looking into her children's bedrooms. 'They destroyed our privacy,' she told House That!. She maintained the neighbouring house was an overdevelopment — a claim she made regularly during a year-long battle to prevent construction — because it did not strictly comply with the R Codes. But she rejected claims that it was a bit rich to play up the density potential in an appeal to developers, and at odds with her highly-publicised stance on promoting green space. Argyle's home in Nedlands sold as a development site. Credit: supplied Her property advert highlighted in-principal approval for three lots and the capacity to 'increase the density significantly' under the R60 zoning, which would allow the block to be carved into six 150sqm lots. 'The choice is yours as to how far you subdivide and how you develop the site,' the advert said. But Ms Argyle yesterday said the advert spoke only about what could be achieved under the planning code. Fiona Argyle house structure has been sold seperately to the block. Credit: supplied Her fight against the neighbours, however, was over breaching aspects of that code. 'I know it sounds ironic but (the advert discusses what is possible under) the planning laws,' she said. 'That is the zoning of the block, and the people who bought it can build what they want with it.' The house is set on a 1012sqm block on Kinninmont Avenue. Credit: supplied Back in 2022, the Argyle-led council rejected plans for the neighbouring home, despite advice from city planning staff that they should approve it. Councillors again refused the application months later after the design was altered during mediation. Ms Argyle had recused herself from voting due to her interest, but it was revealed she had texted a councillor who spoke in favour of the neighbour's application that her comments were 'appalling'. Inside the Nedlands home. Credit: supplied Argyle then applied to intervene as an interested third party when her neighbours took the matter to the State Administrative Tribunal, but her request was rejected. Taking the battle to epic proportions, she then appealed the SAT decision in the Supreme Court, but again failed, with the neighbours securing the right to build. Yesterday she said the failed bid had cost her $90,000 in legal fees. The council also had a costly legal bill of $30,000, while the neighbours had complained of their expenses too. At the time, Ms Argyle tole The West Australian it was her duty to fight. 'The Mayor should be setting the example,' she told The West Australian at the time. 'If I do not have the courage to defend my home from over-development and non-compliance, then what does that signal to the other people in the City of Nedlands?' Ms Argyle said. The family will move into another home in the city of Nedlands.
Perth Now
01-07-2025
- Perth Now
Child, 2, found alone on busy roadside
A childcare centre near a major Australian city has been fined $45,000 for failing to adequately supervise a child who wandered away from an excursion group in a nature reserve in September last year. Aspire Early Education in Perth found itself in hot water after a 'spontaneous excursion' launched by two employees of the childcare centre resulted in the momentary loss of the child, aged 2. Findings from an investigation by the Western Australia Department of Communities found the child had been left unsupervised and the service provider failed to ensure 'every reasonable precaution was taken' to protect a child in their care from any hazard likely to cause injury. The child wandered away, but was luckily approached by concerned members of the public. Supplied Credit: Supplied A judgment from the State Administrative Tribunal found the employees took a group of 13 children across the road to the Smirk Road Reserve. A lead educator claimed she conducted headcounts every five minutes, despite having no means of recording those numbers. Towards the end of the excursion, three children were collected by their parents but the educator realised the child was missing following another headcount, leading to a frantic search. The educators saw the child 'at least 60m away on the south side of the reserve … the child was being held by a member of the public,' the judgment states. 'Before then, the driver of a Transperth bus had spotted the child standing very close to the edge of Sixty-Eight Rd, which has a speed limit of 70km/hr. 'He slowed down and pulled into a nearby bus stop.' The owners of the childcare centre were ordered to pay $45,000. iStock Credit: Supplied 'At the same time, another motorist following the bus also pulled over and walked over to the child, picked her up and walked her towards a grassed area. An educator then came running from about 50m away.' 'At her age and unsupervised in bushland situated close to traffic, the child was at risk from harm and from hazards including traffic hazards, likely to cause injury.' Angelo Barbero, executive director of Regulation and Quality at the WA Department of Communities, said poor supervision within the education and care sector was 'a significant concern'. 'A momentary lapse of supervision can significantly increase the risk of harm to children,' Mr Barbero said. 'Approved providers must ensure that appropriate risk assessments are in place to ensure the safety of children when on excursions that appropriate practices are in place at all times to keep children safe and to avoid being penalised.' On top of the fine, Aspire will be forced to pay $2000 to pay the Department's legal costs.
