Mr Jeater was a member and volunteer for many years with the Swan Unit of the Western Australia State Emergency Service Incorporated (Association)[1].

For a short period, he experienced some significant health and personal issues during which he engaged in behaviour toward some other volunteers in a way that he later regretted.

During disciplinary proceedings (which were recorded by consent), Mr Jeater said:

“[t]herefore I rescind my membership from the Swan State Emergency Service.  Thank you very much for your time.”

This was later confirmed in writing in response to the Association’s email requesting confirmation of the Member’s resignation.

Mr Jeater had a change of heart and wanted to contest the findings, claiming, amongst other things, that he was at the time in a disturbed emotional state and that the coercive conduct of the committee meant that the resignation was not voluntary and thus a nullity.

The Tribunal found the Association’s rules provided that the resignation of a member was effective immediately upon the giving of the notice of resignation by the member to the Administration Officer, which, if oral, is immediately after those words are spoken.

The Tribunal outlined the usual principles of resignations (unless modified by the Association’s rules or legislation) as:

  • A member has a unilateral right to resign at any time.
  • Whether a member ‘resigns’ is a question of fact based on a member’s expression of intention. That intention may be inferred from conduct.  The relevant inquiry in determining whether a person has resigned requires evidence of resignation, either by words or by conduct.
  • The existence of a clause in the constitution providing for resignation by way of notice to the secretary or to a general meeting does not preclude resignation on any other basis.
  • There is no right to withdraw a resignation.

The Tribunal found that the member did effectively resign from the Association.

There are no easy answers, and a careful inquiry is necessary about the facts relied on purporting to be the resignation, together with what the rules of the Association and the legislation were at the time.

It might also be the case that the procedure for resignation as a member may differ from that of an office-bearer of an Association.

 

[1] Jeater and Swan Unit Western Australia State Emergency Service Incorporated [2026] WASAT 3