(English)
公众利益通告
（中文）
NOTIS KEPENTINGAN AWAM
(Bahasa Melayu)
Ministerial Escalation Letter
Hon David Michael MLA
Minister for Local Government
11th Floor, Dumas House
2 Havelock Street
West Perth WA 6005
25 April 2026
By email: minister.michael@dpc.wa.gov.au
Cc: Executive Director – Local Government (DLGSC)
Director General – DLGSC
State Ombudsman WA
Request for Ministerial Intervention Following Inspectorate Refusal to Investigate Maladministration
I write to escalate two matters of serious local government maladministration that were closed without investigation by the Local Government Inspector, Mr Tony Brown, in his letter dated 24 April 2026.
“I am satisfied that no further investigation or inquiry is warranted … I consider these matters to be closed.”
1. Jurisdictional Gaps Identified
- Refusal to examine validity of prosecution or conviction — Inspector stated this is “a matter for an appeal court”.
- Refusal to examine enforcement actions — Inspector stated this is for “the Fines Enforcement Registry and/or the Sheriff’s Office”.
- Refusal to examine statutory rights issues — Inspector stated only that he was “not satisfied” of misuse of power.
- No dispute of evidence — jurisdiction was simply declined.
2. Request for Ministerial Action
- Direct an independent Ministerial inquiry into the conduct of the City of Swan and City of Stirling.
- Determine whether breaches occurred under the Local Government Act, procedural fairness, or obligations to vulnerable persons.
- Issue directions to correct errors, ensure restitution, and prevent recurrence.
- Refer matters to the Ombudsman or CCC if systemic failures are identified.
3. Why Intervention Is Necessary
The Inspector has closed the matters, refused further investigation, and finalised the file. This leaves unresolved:
- administrative errors
- enforcement irregularities
- harm to a vulnerable person
- statutory rights issues
- misapplication of $31,771.67
4. Supporting Documents Available
- Inspector’s letter (24 April 2026)
- Statutory notices
- Court documents
- S.52 PLASIQE bundle
- Enforcement-chain evidence
- Correspondence chronology
Yours faithfully,
Nicholas Ni Kok Chin
Dianella, Western Australia
Dear Mr Chin
ReplyDeleteI refer to the correspondence that you have sent to my Office regarding the City of Swan and
the City of Stirling. A table of that correspondence is set out in Appendix 1.
In relation to the issues you have raised, I have sought information from the City of Swan
and the City of Stirling, and I have reviewed all relevant material.
City of Swan
The essence of this complaint appears to relate to the City of Swan's handling of statutory
rights, which you describe as:
• the loss of title and exclusive commercial utility of Unit 1/383 Victoria Road, Malaga;
• the unlawful severance of the implied subdivisional quasi-easement (S.52PLASIQE);
• administrative failures involving both the City of Swan and Landgate;
• the City of Swan's refusal to recognise statutory rights that arise automatically upon
subdivision; and
• governance failures in planning, subdivision, and property rights administration.
Based on the evidence available to me, including correspondence between you and your
son, Mr Paul Chung Kiong Chin, and the City of Swan, I am not satisfied that there was a
misuse of statutory powers, improper administrative conduct, breaches of the
Local Government Act 1995 (WA) (Act), or a failure to act lawfully, fairly and for a proper
purpose in relation to the points you raise
City of Stirling
ReplyDeleteThe essence of this complaint appears to relate to what you assert is a
'wrongful prosecution and subsequent unlawful enforcement action' against Mrs Lem.
Specifically, you (1) refer to the Magistrates Court's finding that the builder, not Mrs Lem,
was responsible for compliance failures, and (2) make several complaints in respect of the
prosecution against Mrs Lem.
Based on the available evidence, I am not satisfied that there was a misuse of statutory
powers, breaches of procedural fairness, or integrity and accountability failures under the
Act in the commencing of this prosecution.
Respectfully, your complaints about the findings of the Magistrates Court (or what occurred
during or in that prosecution) are matters for an appeal court. Those matters do not fall
within my functions under the Act.
In relation to the enforcement of the fines, that is a matter for the Fines Enforcement
Registry and/or the Sheriff's Office. Investigating any hardship caused by such enforcement
does not fall within my functions under the Act.
Conclusion
As Local Government Inspector, my role is to provide oversight and improve the
accountability, decision-making and transparency of the State’s local government sector.
My focus is on ensuring local government and its office holders comply with laws,
regulations and codes of conduct.
I realise that you remain aggrieved by administrative actions taken by the City of Swan and
the City of Stirling in relation to the above matters. However, based on the material available
to me, I am satisfied the City of Swan and the City of Stirling were acting lawfully and that
their officers were carrying out their duties in accordance with their statutory obligations.
Accordingly, I am not satisfied that the operations and affairs of the City of Swan or the City
of Stirling warrant further investigation or inquiry.
I note that my Office has received considerable correspondence from you in respect of
these matters. Having carefully considered that correspondence, and for the reasons
outlined above, I am satisfied that no further investigation or inquiry is warranted. Therefore,
I consider these matters to be closed. Please accept this letter as my final response in
relation to these matters.
Should you continue to be aggrieved, you may wish to obtain your own independent legal
advice.
Yours faithfully
Tony Brown
Local Government Inspector
APPENDIX 1 – CORRESPONDENCE RECEIVED
ReplyDeleteDate Format Content
16 December
2025 at 10:40am
Email Escalate concerns regarding the enforcement
actions taken by the City of Stirling against Mrs Lem
which 'have resulted in unlawful garnishments and
memorial registrations despite clear evidence that
liability rests with the builder, not Mrs Lem'.
Request for, amongst other things, an independent
governance and consumer protection review of the
City of Stirling's conduct.
7 January 2026 at
7:33pm
Email Email clarifying the complaint and requesting for
the Inspector to reconsider the complaint on its
proper basis, namely, whether the City of Stirling
exercised its enforcement powers lawfully, fairly
and in accordance with its statutory obligations,
and whether officer conduct met the standards
required of local government administration.
9 January 2026 at
3:30pm
Email Request the Inspector reconsider the complaint on
its proper basis, namely, whether the City of Stirling
acted within power, whether officer conduct
complied with statutory obligations, whether
enforcement actions were lawful, fair and
procedurally correct, and whether consumer
protection and trust law issues were disregarded.
11 January 2026
at 9:53pm
Email and
letter/
submissions
Providing ninth written submission filed in
CIV/1973/2024 which consolidates critical
evidence concerning 'two unlawful enforcement
actions'.
Requests:
(i) the Department of Justice and the
Inspector review the enforcement-chain
failures identified;
(ii) the material be placed before the
appropriate oversight units for
assessment; and
(iii) any necessary inquiries or corrective
actions be initiated.
21 January 2026
at 3:24pm
Email and
letter/
documents
Email attaching:
(i) 10-page Vexatious Proceedings
Restriction Act 2002 (WA) application to
commence proceedings;
(ii) Summary of facts (3,000 characters);
and
(iii) S.52PLAISQE consolidated bundle
dated 20 January 2026
Seeking compensation in kind and monetary
ReplyDeletecompensation for 'the loss of title, loss of exclusive
commercial utility, destruction of converted
fixtures, administrative negligence, insurer
misconduct and tribunal non-decisions' for
Unit 1/383 Victoria Road, Malaga.
2 February 2026
at 6:44pm
Email Request formal investigations under ss 8.13 and
8.15B of the Local Government Act 1995 (WA) for
two separate maladministration matters, namely:
(i) S.52 PLAISQE and Unit 1, 383 Victoria
Road, MALAGA; and
(ii) 'Unlawful Enforcement of Magistrate
Hall's Void Order Against Mrs Irene Yok
Moy Lem'
25 February 2026
at 4:17pm
Email/notice Places all recipient organisations on formal notice
that Mrs Lem is a vulnerable person who has
already suffered significant harm.
Request no further enforcement or administrative
pressure is directed toward Mrs Lem and all future
dealings with Mrs Lem are conducted with care,
sensitivity and procedural integrity.
2 March 2026 at
2:55pm
Email Email stating Ms Martin cannot be contacted and
requesting acknowledgement of receipt of email.
2 March 2026 at
4:06pm
Email Request for Inspectorate intervention for recovery
of 'three unlawfully plundered sums and
performance of statutory duties'.
Requests:
(i) a formal investigation into the unlawful
enforcement actions be opened;
(ii) determine responsibility for the three
plundered sums;
(iii) exercise statutory powers to secure the
return of $31,771.67; and
(iv) confirm the officer assigned to manage
this matter.
2 March 2026 at
7:37pm1
Email and
letter/notice
Attaching consolidated notice concerning the
proceedings of City of Stirling v Irene Yok Moy Lem
(PE 6810–6813/2018), which summarises several
critical matters.
Request each recipient take whatever action falls
within their statutory or administrative remit to
prevent further harm to Mrs Lem and 'to address
the systemic issues identified'.
3 March 2026 at
ReplyDelete10:08am
Email and
letter/notice
Request for Inspector intervention into the City of
Stirling and the City of Swan concerning suspected
unlawful enforcement, maladministration, and
misapplication of funds totalling $31,771.67.
Attaching a consolidated notice which states the
required action is for the Inspector to commence
an investigation, issue notices to local
governments, compel production of all relevant
documents and evidence, exercise entry powers,
examine officers under oath, determine whether
unlawful enforcement, maladministration and
misapplication of funds occurred, determine
whether restitution is required and provide written
confirmation of commencement of investigation.
4 March 2026 at
9:07am
Email and
letter/notice
Notice Mrs Lem is a vulnerable person and
requesting:
(i) the Inspector investigate Spyker Legal's
misconduct, investigate the City of
Stirling's reliance on a void conviction,
declare the penalty void, order
restitution, issue directions to prevent
recurrence and refer the matter to
various agencies; and
(ii) all future dealings with Mrs Lem be
conducted with heightened safeguards
and that no enforcement or
administrative pressure will be applied
without prior written justification.
4 March 2026 at
2:51pm
Email and
letter/notice
Attaching a combined statutory notice that
consolidates 'three unlawfully plundered sums
taken from' Mr Chin and Mrs Lem.
The statutory notice states the required actions for
the Inspector are to confirm receipt of the notice,
ensure both councils comply with statutory
obligations, correct inspectorate records and
confirm that all future statutory notices will be
properly directed.
2 April 2024 at
4:24pm
Email Public notice titled 'Why Irene must never be afraid
– Because she was wronged, not guilty'.
Request for Inspectorate Intervention – Recovery of Three Unlawfully Plundered
ReplyDeleteSums and Performance of Statutory Duties (Case Ref: #01204683)
2 messages
Sonia Driver Wed, Mar 4, 2026 at 10:12 AM
To: "nnchinatv@gmail.com"
Dear Mr Chin,
Your enquiry regarding request to recover "Three Unlawfully Plundered Sums" has been forwarded to
myself, once I have had opportunity to review this enquiry I will be back in contact.
Please feel free to contact me in the interim.
Kind Regards
Sonia
Sonia Driver
Insurance Officer
Finance Services
Request for Inspectorate Intervention –
ReplyDeleteRecovery of Three Unlawfully Plundered Sums
and Performance of Statutory Duties
14/04/2026, 08:11 Gmail - Request for Inspectorate Intervention – Recovery of Three Unlawfully Plundered Sums and Performance of Statutory …
https://mail.google.com/mail/u/0/?ik=7106e5bcb3&view=pt&search=all&permthid=thread-f:1858695732928812401&simpl=msg-f:1858695732928… 2/4
Dear Inspector Brown,
Your confirmation that Ms Kirsty Martin works at WALGA and not at the Local Government Inspectorate establishes
that my statutory notices were misdirected and that the Inspectorate was not functioning for my case. During this
period of Inspectorate non‑function, three unlawful extractions occurred under void orders, totalling $31,771.67,
affecting both myself and my wife, Mrs Irene Yok Moy Lem.
These losses were not debts owed by us. They arose solely from maladministration, misuse of statutory powers,
and enforcement of void orders. They were caused by the actions of others, not by any wrongdoing on our part.
The three plundered sums are:
1. $14,264.20 – unlawfully garnished from Irene on 17 September 2025 under the void Hall order.
2. $2,514.53 – unlawfully garnished from Irene on 18 November 2025, breaching protected balance and
Centrelink protections.
3. $14,993.94 – paid by my son Paul on 24 July 2024 under Sheriff intimidation acting on the void Ward order,
facilitated by Birman & Ride.
These actions constitute ultra vires enforcement, misuse of statutory powers, breaches of procedural fairness, and
violations of the Local Government Act 1995 (WA), the Fines, Penalties and Infringement Notices Enforcement Act
1994 (WA), and the Australian Consumer Law.
Request for Inspectorate Intervention –
ReplyDeleteRecovery of Three Unlawfully Plundered Sums
and Performance of Statutory Duties
14/04/2026, 08:11 Gmail - Request for Inspectorate Intervention – Recovery of Three Unlawfully Plundered Sums and Performance of Statutory …
https://mail.google.com/mail/u/0/?ik=7106e5bcb3&view=pt&search=all&permthid=thread-f:1858695732928812401&simpl=msg-f:1858695732928… 2/4
Dear Inspector Brown,
Your confirmation that Ms Kirsty Martin works at WALGA and not at the Local Government Inspectorate establishes
that my statutory notices were misdirected and that the Inspectorate was not functioning for my case. During this
period of Inspectorate non‑function, three unlawful extractions occurred under void orders, totalling $31,771.67,
affecting both myself and my wife, Mrs Irene Yok Moy Lem.
These losses were not debts owed by us. They arose solely from maladministration, misuse of statutory powers,
and enforcement of void orders. They were caused by the actions of others, not by any wrongdoing on our part.
The three plundered sums are:
1. $14,264.20 – unlawfully garnished from Irene on 17 September 2025 under the void Hall order.
2. $2,514.53 – unlawfully garnished from Irene on 18 November 2025, breaching protected balance and
Centrelink protections.
3. $14,993.94 – paid by my son Paul on 24 July 2024 under Sheriff intimidation acting on the void Ward order,
facilitated by Birman & Ride.
These actions constitute ultra vires enforcement, misuse of statutory powers, breaches of procedural fairness, and
violations of the Local Government Act 1995 (WA), the Fines, Penalties and Infringement Notices Enforcement Act
1994 (WA), and the Australian Consumer Law.