{"id":"south-australian-civil-and-administrative-tribunal-act-2013","name":"South Australian Civil and Administrative Tribunal Act 2013","slug":"south-australian-civil-and-administrative-tribunal-act-2013","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109992,"registerId":"sa-south-australian-civil-and-administrative-tribunal-act-2013-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the South Australian Civil and Administrative Tribunal Act 2013.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nappear, at a hearing, means to appear in person or participate in a way allowed under this Act or a relevant Act;\napplicant means—\n\t(a)\tin the context of the Tribunal's review jurisdiction, the person who—\n\t(i)\tapplies to the Tribunal for a review; or\n\t(ii)\totherwise brings a matter before the Tribunal; or\n\t(iii)\trequests, requires, or otherwise seeks that a matter be referred to, or otherwise be brought before, the Tribunal; and\n\t(b)\tin any other context, the person who—\n\t(i)\tbrings a matter before the Tribunal; or\n\t(ii)\trequests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal,\nexcept that, unless and to the extent that the rules otherwise provide, it does not include a person who is required by this Act or a relevant Act to refer a matter to the Tribunal, or otherwise bring a matter before the Tribunal, as sought by another person;\ndecision, of the Tribunal, includes a direction, determination or order of the Tribunal but, in prescribed circumstances, does not include an interlocutory direction, determination or order;\ndecision‑maker—see section 34(2a);\nDepartment means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;\nDeputy President means a Deputy President of the Tribunal;\nDistrict Court means the District Court of South Australia;\nevidentiary material includes any document, object or substance of evidentiary value in proceedings before the Tribunal and includes any other document, object or substance that should, in the opinion of the Tribunal, be produced for the purpose of enabling the Tribunal to determine whether or not it has evidentiary value;\nlegally qualified member means—\n\t(a)\ta Presidential member; or\n\t(b)\ta magistrate who is a member of the Tribunal; or\n\t(c)\tanother member of the Tribunal who is a legal practitioner of at least 5 years standing; or\n\t(d)\tanother member of the Tribunal who—\n\t(i)\t—\n\t(A)\tholds a degree, diploma or other qualification in law from a tertiary institution in Australia; or\n\t(B)\tholds a degree, diploma or other qualification in law from a tertiary institution in a foreign country and is duly admitted and enrolled as a barrister and solicitor of the Supreme Court; and\n\t(ii)\thas at least 5 years relevant experience in a law‑related field; and\n\t(iii)\tis designated as a legally qualified member by the President;\nMagistrates Court means the Magistrates Court of South Australia;\nmonetary order means an order of the Tribunal requiring the payment of money and includes—\n\t(a)\tan order made for the payment of a fine or other pecuniary penalty; and\n\t(b)\tan order as to the payment of any costs; and\n\t(c)\tan order for the payment of compensation for breach of an Act;\nordinary member means a person holding office as an ordinary member of the Tribunal;\noriginal jurisdiction of the Tribunal—see Part 3 Division 2;\nPresident means the President of the Tribunal;\nPresidential member means the President or a Deputy President of the Tribunal;\nregistrar means the Registrar or a Deputy Registrar of the Tribunal;\nrelevant Act means an Act which confers jurisdiction on the Tribunal;\nreviewable decision—see section 34(2);\nreview jurisdiction of the Tribunal—see Part 3 Division 3;\nrules means the rules of the Tribunal in force under this Act;\nsenior member means a person holding office as a senior member of the Tribunal;\nTribunal means the South Australian Civil and Administrative Tribunal established by this Act.\n\t(2)\tIf under a relevant Act a person's failure or omission to do something is reviewable under this Act as a decision—\n\t(a)\tthis Act applies as if that person had made that decision; and\n\t(b)\tany provision of the relevant Act as to when the decision is taken to have been made has effect.\n\t(3)\tThe members of the staff of the Tribunal are—\n\t(a)\tthe registrars; and\n\t(b)\tthe other members of staff appointed or made available for the purposes of the Tribunal under this Act.\n\t(4)\tThe officers of the Tribunal are—\n\t(a)\tthe registrars; and\n\t(b)\tmembers of the staff of the Tribunal who are designated as officers of the Tribunal by the Registrar of the Tribunal; and\n\t(c)\tother persons who are designated as officers of the Tribunal under this Act.\n4—Relevant Acts prevail\nSubject to Part 3A, if there is an inconsistency between this Act and a relevant Act, the relevant Act prevails to the extent of the inconsistency.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"South Australian Civil and Administrative Tribunal","content":"Part 2—South Australian Civil and Administrative Tribunal\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Establishment of Tribunal","content":"Division 1—Establishment of Tribunal\n5—Establishment of Tribunal\nThe South Australian Civil and Administrative Tribunal is established.\n6—Jurisdiction of Tribunal\nThe Tribunal has the jurisdiction described in Part 3.\n7—Tribunal to operate throughout State\n\t(1)\tThe Tribunal is to facilitate access to its services throughout the State and may sit at any place (either within or outside the State).\n\t(2)\tRegistries of the Tribunal will be at the places determined by the President after consultation with the Minister.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Main objectives of Tribunal","content":"Division 2—Main objectives of Tribunal\n8—Main objectives of Tribunal\n\t(1)\tThe main objectives of the Tribunal in dealing with matters within its jurisdiction are—\n\t(a)\tin the exercise of its jurisdiction, to promote the best principles of public administration, including—\n\t(i)\tindependence in decision‑making; and\n\t(ii)\tnatural justice and procedural fairness; and\n\t(iii)\thigh‑quality, consistent decision‑making; and\n\t(iv)\ttransparency and accountability in the exercise of statutory functions, powers and duties; and\n\t(b)\tto be accessible by being easy to find and easy to access, and to be responsive to parties, especially people with special needs; and\n\t(c)\tto ensure that applications are processed and resolved as quickly as possible while achieving a just outcome, including by resolving disputes through high‑quality processes and the use of mediation and alternative dispute resolution procedures wherever appropriate; and\n\t(d)\tto keep costs to parties involved in proceedings before the Tribunal to a minimum insofar as is just and appropriate; and\n\t(e)\tto use straightforward language and procedures (including, insofar as is reasonably practicable and appropriate, by using simple and standardised forms); and\n\t(f)\tto act with as little formality and technicality as possible, including by informing itself in such manner as the Tribunal thinks fit; and\n\t(g)\tto be flexible in the way in which the Tribunal conducts its business and to adjust its procedures to best fit the circumstances of a particular case or a particular jurisdiction.\n\t(2)\tIn connection with the conferral and exercise of its jurisdiction the Tribunal should, in relation to these objectives, consult from time to time with such agencies, organisations or bodies as it thinks appropriate.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Members of Tribunal","content":"Division 3—Members of Tribunal\n","sortOrder":4},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"The members","content":"Subdivision 1—The members\n9—The members\nThe members of the Tribunal are—\n\t(a)\tthe President; and\n\t(b)\tthe Deputy President or Deputy Presidents; and\n\t(c)\tthe magistrates who are designated as members of the Tribunal under this Act; and\n\t(d)\tthe senior members; and\n\t(e)\tthe ordinary members; and\n\t(f)\tassessors.\n","sortOrder":5},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"The President","content":"Subdivision 2—The President\n10—Appointment of President\n\t(1)\tThe President of the Tribunal will be a judge of the Supreme Court or the District Court appointed by the Governor, by proclamation, to be the President of the Tribunal.\n\t(1a)\tIf the person appointed to be President of the Tribunal was, immediately before their appointment as President, a judge of the District Court, the judge will, by virtue of holding the office of President, have the same rank, title, status and precedence as a judge of the Supreme Court.\n\t(2)\tThe appointment of a judge as President of the Tribunal does not affect—\n\t(a)\tthe judge's tenure of office or status as a judge; or\n\t(b)\tthe payment of the judge's salary or allowances as a judge (subject to the operation of subsection (6)); or\n\t(c)\tthe ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the Supreme Court or the District Court, as the case may be); or\n\t(d)\tany other right or privilege that the judge has as a judge.\n\t(3)\tService in the office of President of the Tribunal is taken, for all purposes, to constitute service as—\n\t(a)\tin the case of a judge who was, immediately before appointment as President, a Supreme Court judge—a judge of the Supreme Court; or\n\t(b)\tin the case of a judge who was, immediately before appointment as President, a District Court judge—a judge of the District Court.\n\t(4)\tThe appointment of a judge as the President of the Tribunal will be for a term of 5 years (and the person is eligible for reappointment at the expiration of a term of office).\n\t(5)\tSubject to subsections (2) and (3), an appointment may be subject to conditions determined by the Governor.\n\t(6)\tWithout limiting subsection (5), the Remuneration Tribunal may determine that the President's salary or allowances as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).\n\t(7)\tAny salary or allowances payable as an additional component of remuneration under subsection (6) cannot be reduced during the person's term of office as President.\n\t(8)\tA person ceases to be the President of the Tribunal if—\n\t(a)\tthe person ceases to be a judge of the Supreme Court or the District Court (as the case may be); or\n\t(b)\tthe person, with the approval of the Governor, resigns as President by written notice to the Attorney‑General; or\n\t(c)\tthe person completes a term of office and is not reappointed; or\n\t(d)\tthe appointment is revoked by the Governor, on the recommendation of the Attorney‑General, for—\n\t(i)\tmental or physical incapacity to carry out duties satisfactorily; or\n\t(ii)\tneglect of duty; or\n\t(iii)\tdishonourable conduct; or\n\t(e)\tthe person dies.\n\t(9)\tNothing under subsection (8)(b), (c) or (d) affects the person's tenure or status as a judge.\n\t(10)\tBefore the Governor makes a proclamation under this section, the Attorney‑General must consult with the Chief Justice.\n11—President's functions generally\n\t(1)\tThe President of the Tribunal has the functions conferred on the President under this Act or any other Act.\n\t(2)\tThe functions of the President include—\n\t(a)\tparticipating as a member of the Tribunal; and\n\t(b)\thaving primary responsibility for the administration of the Tribunal; and\n\t(c)\tmanaging the business of the Tribunal, including by ensuring that the Tribunal operates efficiently and effectively and continually improves the way in which it carries out its functions; and\n\t(d)\tproviding leadership and guidance to the Tribunal and engendering cohesiveness and collaboration amongst the members and staff of the Tribunal; and\n\t(e)\tgiving directions about the practices and procedures to be followed by the Tribunal; and\n\t(f)\tdeveloping and implementing performance standards and setting benchmarks for the Tribunal; and\n\t(g)\tbeing responsible for promoting the training, education and professional development of members of the Tribunal; and\n\t(h)\toverseeing the proper use of the resources of the Tribunal; and\n\t(i)\tproviding advice about—\n\t(i)\tthe membership of the Tribunal; and\n\t(ii)\tthe operations and activities of the Tribunal.\n\t(3)\tThe President may do all things necessary or convenient to be done in the performance of the President's functions.\n\t(4)\tIn the performance of the President's functions, the President is not subject to direction or control by the Minister.\n12—Acting President\n\t(1)\tIf there is a vacancy in the office of President or the President is absent or for any other reason is unable to perform the functions of office, the Governor may, by proclamation, appoint a person to act as President of the Tribunal for a period not exceeding 6 months.\n\t(2)\tThe Governor may only appoint—\n\t(a)\ta Deputy President; or\n\t(b)\ta judge of the Supreme Court or the District Court,\nto act as President.\n\t(3)\tHowever, the Governor may not appoint a person acting as a Deputy President to act as President unless the person is a judge of the District Court.\n\t(4)\tA person appointed to act as a President—\n\t(a)\thas all the functions of the President; and\n\t(b)\tis taken to be the President for all purposes related to this Act or a relevant Act.\n\t(5)\tA person appointed to act as President is, for the period of his or her appointment, entitled to be paid additional salary and allowances to ensure that his or her salary and allowances equal the salary and allowances payable to a President of the Tribunal.\n\t(6)\tThe Governor may, by further proclamation—\n\t(a)\textend or renew an appointment under this section; or\n\t(b)\trevoke an appointment under this section.\n\t(7)\tBefore the Governor makes a proclamation under this section, the Attorney‑General must consult with—\n\t(a)\tthe Chief Justice; and\n\t(b)\tif the proclamation relates to a judge of the District Court—the Chief Judge.\n","sortOrder":6},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"The Deputy Presidents","content":"Subdivision 3—The Deputy Presidents\n13—Number of Deputy Presidents\nThere will be at least 1 Deputy President of the Tribunal.\n14—Appointment of Deputy Presidents\n\t(1)\tA Deputy President will be—\n\t(a)\ta judge of the District Court appointed by the Governor, by proclamation, to be a Deputy President of the Tribunal; or\n\t(b)\ta person who is eligible for appointment as a judge of the District Court appointed by the Governor to be a Deputy President of the Tribunal.\n\t(2)\tThe appointment of a judge of the District Court as a Deputy President of the Tribunal under subsection (1)(a) does not affect—\n\t(a)\tthe judge's tenure of office or status as a judge; or\n\t(b)\tthe payment of the judge's salary or allowances as a judge (subject to the operation of subsection (6)); or\n\t(c)\tthe ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the District Court); or\n\t(d)\tany other right or privilege that the judge has as a judge of the District Court.\n\t(3)\tService in the office of Deputy President of the Tribunal by a judge of the District Court is taken, for all purposes, to constitute service as a judge of that Court.\n\t(4)\tThe appointment of a judge as a Deputy President of the Tribunal will be for a period of 5 years (and the person is eligible for reappointment at the expiration of a term of office).\n\t(5)\tSubject to subsections (2) and (3), an appointment under subsection (1)(a) may be subject to conditions determined by the Governor.\n\t(6)\tWithout limiting subsection (5), in the case of an appointment under subsection (1)(a), the Remuneration Tribunal may determine that a Deputy President's salary or allowance as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).\n\t(7)\tAny salary or allowances payable as an additional component of remuneration under subsection (6) cannot be reduced during the person's term of office as a Deputy President of the Tribunal.\n\t(8)\tThe appointment of a person as a Deputy President of the Tribunal under subsection (1)(b)—\n\t(a)\twill be for a term of 5 years (and the person is eligible for reappointment at the expiration of a term of office); and\n\t(b)\twill be on a full‑time or part‑time basis (and this may be altered from time to time with the agreement of the Attorney‑General and the President of the Tribunal).\n\t(9)\tAn appointment under subsection (1)(b) may be subject to conditions determined by the Governor.\n\t(10)\tWithout limiting subsection (9), in the case of an appointment under subsection (1)(b), the Remuneration Tribunal will determine the salary or allowances to be paid to the person on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).\n\t(11)\tThe remuneration of a Deputy President of the Tribunal appointed under subsection (1)(b) (including any salary or allowances) cannot be reduced during the person's term of office as a Deputy President of the Tribunal (unless the reduction is related to a reduction in the person's hours of service over a particular period under an agreement entered into under subsection (8)(b)).\n\t(12)\tA person ceases to be a Deputy President of the Tribunal if—\n\t(a)\tin the case of an appointment under subsection (1)(a)—the person ceases to be a judge of the District Court; or\n\t(b)\tthe person resigns as Deputy President by written notice to the Attorney‑General; or\n\t(c)\tthe person completes a term of office and is not reappointed; or\n\t(d)\tthe appointment is revoked by the Governor, on the recommendation of the Attorney‑General, for—\n\t(i)\tmental or physical incapacity to carry out duties satisfactorily; or\n\t(ii)\tneglect of duty; or\n\t(iii)\tdishonourable conduct; or\n\t(e)\tthe person dies.\n\t(13)\tNothing in subsection (12)(b), (c) or (d) affects a person's tenure or status as a judge (in the case of an appointment under subsection (1)(a)).\n\t(14)\tA judge of the District Court may only act under subsection (12)(b) with the approval of the Governor.\n\t(15)\tThe Attorney‑General must consult with the President of the Tribunal before making a recommendation under subsection (12)(d).\n\t(16)\tBefore the Governor makes a proclamation under this section, the Attorney‑General must consult with the Chief Justice and the Chief Judge.\n15—Deputy President's functions generally\n\t(1)\tA Deputy President of the Tribunal has the functions conferred on the Deputy President under this Act or any other Act.\n\t(2)\tThe functions of a Deputy President include—\n\t(a)\tparticipating as a member of the Tribunal; and\n\t(b)\tassisting the President in the management of the business of the Tribunal; and\n\t(c)\tassisting the President in managing the members of the Tribunal, including in connection with the training, education and professional development of members of the Tribunal; and\n\t(d)\tother functions assigned by the President.\n\t(3)\tA Deputy President may do all things necessary or convenient to be done in the performance of the Deputy President's functions.\n\t(4)\tA Deputy President is subject to the direction of the President in performing the Deputy President's functions, other than adjudicating in the Tribunal.\n16—Acting Deputy Presidents\n\t(1)\tIf there is a vacancy in an office of Deputy President or a Deputy President is absent or for any other reason is unable to perform the duties of office, the Attorney‑General may appoint a person to act as a Deputy President for a period not exceeding 6 months.\n\t(2)\tAn appointment under this section must be made in writing.\n\t(3)\tThe Attorney‑General may only appoint—\n\t(a)\ta judge of the District Court; or\n\t(b)\ta person who is eligible for appointment as a judge of the District Court (who may already be a member of the Tribunal on some other basis),\nto act as a Deputy President.\n\t(4)\tThe Attorney‑General must consult with the President of the Tribunal before making an appointment under subsection (3) and with the Chief Judge before making an appointment under subsection (3)(a).\n\t(5)\tA person appointed to act as a Deputy President—\n\t(a)\thas all the functions of a Deputy President; and\n\t(b)\tis taken to be a Deputy President for all purposes related to this Act or a relevant Act (and the other provisions of this Subdivision apply with any necessary modifications in relation to a person appointed under this section).\n\t(6)\tHowever, if the person appointed to act as a Deputy President is not a judge of the District Court, the person is, for the period of appointment, entitled to be paid any salary or allowances determined by the Attorney‑General after consultation with the President of the Tribunal (with a judge of the District Court being paid any salary and allowances of a Deputy President).\n\t(7)\tA person appointed to act as a Deputy President may be appointed to act as a Deputy President for a further period—\n\t(a)\tby the Attorney‑General, if the appointment is continuous on 1 or more of the person's previous appointments as an acting Deputy President and the total period of continuous appointments does not exceed 6 months; or\n\t(b)\tby the Governor in other circumstances.\n\t(8)\tThe Governor may at any time, on the recommendation of the Attorney‑General, cancel the appointment of a person to act as a Deputy President.\n\t(9)\tBefore the Governor acts under subsection (8), the Attorney‑General must consult with—\n\t(a)\tthe President of the Tribunal (unless the Attorney‑General is acting at the request of the President); and\n\t(b)\tif the relevant person is a judge of the District Court—the Chief Judge.\n17—Supplementary Deputy Presidents\n\t(1)\tEven though there is no vacancy in an office of Deputy President (and any Deputy President is performing the duties of office), the Attorney‑General may, on the request of the President of the Tribunal, temporarily appoint a person to act as a supplementary Deputy President of the Tribunal in relation to a particular matter or matters or for a specified period.\n\t(2)\tThe Attorney‑General may only appoint—\n\t(a)\ta judge of the District Court; or\n\t(b)\ta person who is eligible to act in a judicial office on an auxiliary basis under section 3(2) of the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 (even though office under this Act is not a judicial office under that Act).\n\t(3)\tThe Attorney‑General must consult with the Chief Judge before making an appointment under subsection (2)(a).\n\t(4)\tAn appointment under this section must be made in writing.\n\t(5)\tThe person may act as a Deputy President in relation to a matter, or for the period, for which the person is appointed, and when acting under the appointment the person is to be regarded as a Deputy President of the Tribunal for the purposes of this Act and any relevant Act (and the other provisions of this subdivision apply with any necessary modifications in relation to a person appointed under this section).\n\t(6)\tHowever, if a person appointed under this section is not a judge of the District Court, the person is, for the period of appointment, entitled to be paid any salary or allowances determined by the Attorney‑General after consultation with the President of the Tribunal (with a judge of the District Court being paid any salary or allowances of a Deputy President).\n\t(7)\tA person appointed under this section for a particular period may be appointed to act for a further period by the Attorney‑General after consultation with, or at the request of, the President of the Tribunal.\n\t(8)\tThe Governor may at any time, on the recommendation of the Attorney‑General, cancel the appointment of a person under this section.\n\t(9)\tBefore the Governor acts under subsection (8), the Attorney‑General must consult with—\n\t(a)\tthe President of the Tribunal (unless the Attorney‑General is acting at the request of the President); and\n\t(b)\tif the relevant person is a judge of the District Court—the Chief Judge.\n","sortOrder":7},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Magistrates","content":"Subdivision 4—Magistrates\n18—Magistrates\n\t(1)\tAny magistrate holding office under the Magistrates Act 1983 who is designated by the Governor, by proclamation, as a member of the Tribunal on a recommendation of the Attorney‑General will (while he or she continues to hold office as a magistrate) be a member of the Tribunal.\n\t(2)\tThe Attorney‑General must consult with the President of the Tribunal and the Chief Magistrate before making a recommendation under subsection (1).\n\t(3)\tA magistrate appointed under this section will act as a full‑time, part‑time or sessional member of the Tribunal under an arrangement established by the President and the Chief Magistrate (being an arrangement that may be varied from time to time).\n\t(4)\tThe designation of a magistrate under this section does not affect—\n\t(a)\tthe magistrate's tenure of office or status as a magistrate; or\n\t(b)\tthe payment of the magistrate's salary or allowances as a magistrate; or\n\t(c)\tthe ability of the person from doing anything in the person's capacity as a magistrate; or\n\t(d)\tany other right or privilege that the magistrate has as a magistrate.\n","sortOrder":8},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Senior members and ordinary members","content":"Subdivision 5—Senior members and ordinary members\n19—Appointment of senior members and ordinary members\n\t(1)\tThe Governor may, on the recommendation of the Minister, appoint a person as—\n\t(a)\ta senior member of the Tribunal; or\n\t(b)\tan ordinary member of the Tribunal.\n\t(2)\tThe Minister may from time to time appoint a panel of persons who will, at the request of the Minister—\n\t(a)\tafter consultation with the President, recommend the selection criteria for the senior members and ordinary members of the Tribunal;\n\t(b)\tassess a candidate or candidates for appointment as a senior member or ordinary member of the Tribunal (and, as appropriate, to provide advice to the Minister for the purposes of subsection (1)).\n\t(3)\tA person is eligible for appointment as a senior member or ordinary member of the Tribunal only if the person—\n\t(a)\tis a legal practitioner of at least 5 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State); or\n\t(b)\thas, in the Minister's opinion, extensive knowledge, expertise or experience relating to a class of matter for which functions may be exercised by the Tribunal.\n\t(4)\tIn recommending persons for appointment as members, the Minister must have regard to—\n\t(a)\tany criteria applying under subsection (2)(a); and\n\t(b)\tany advice provided under subsection (2)(b); and\n\t(c)\tthe following:\n\t(i)\tthe need for balanced gender representation in the membership of the Tribunal;\n\t(ii)\tthe need for the membership of the Tribunal to reflect social and cultural diversity;\n\t(iii)\tthe range of knowledge, expertise and experience required within the membership of the Tribunal.\n\t(5)\tThe Minister must consult with the President of the Tribunal before making a recommendation under subsection (1).\n\t(6)\tA senior member or ordinary member of the Tribunal will be appointed for a term of office, of between 3 and 5 years, specified in the instrument of appointment.\n\t(7)\tA person appointed as a senior member or ordinary member of the Tribunal is eligible for reappointment at the expiration of a term of office (and without the need for seeking advice from a panel established under subsection (2)).\n\t(8)\tA senior member or ordinary member of the Tribunal is appointed on conditions specified in the instrument of appointment.\n\t(9)\tA senior member or ordinary member of the Tribunal may be appointed on a full‑time, part‑time or sessional basis (and this may be altered from time to time with the agreement of the Minister).\n\t(10)\tA senior member or ordinary member of the Tribunal—\n\t(a)\tmust advise the President of the Tribunal of the nature of any paid employment or professional work undertaken outside his or her duties as a member of the Tribunal; and\n\t(b)\tmust not engage in any such employment or work if the President informs the member that, in the President's opinion, to do so would or may conflict with the proper performance of the member's duties of office.\n\t(11)\tThe Minister must consult with the President about—\n\t(a)\tthe conditions of an appointment under subsection (8); and\n\t(b)\tthe basis of an appointment under subsection (9).\n20—Member ceasing to hold office and suspension\n\t(1)\tThe Governor may, on the recommendation of the Minister, remove a senior member or ordinary member of the Tribunal from office for—\n\t(2)\tA person ceases to be a senior member or an ordinary member of the Tribunal if the person—\n\t(d)\tceases to satisfy any qualification by virtue of which the person was eligible for appointment to the Tribunal; or\n\t(e)\tis removed from office under subsection (1).\n\t(3)\tThe Minister must consult with the President before making a recommendation under subsection (1).\n\t(4)\tThe President may, on his or her own initiative or at the request of the Minister, suspend a senior member or ordinary member of the Tribunal from office if it appears that there may be grounds for the removal of the member from the member's office.\n\t(5)\tIf a senior member or ordinary member of the Tribunal who is appointed on a full‑time or part‑time basis is suspended under subsection (4), the member remains entitled to the member's usual remuneration and allowances during the period of suspension.\n21—Supplementary members\n\t(1)\tThe Attorney‑General may, at the request or with the agreement of the President of the Tribunal, temporarily appoint a person to act as a supplementary senior member or a supplementary ordinary member of the Tribunal in relation to a particular matter or matters or for a specified period.\n\t(2)\tThe Attorney‑General may only appoint a person under this section if he or she is eligible for appointment as a senior member or an ordinary member of the Tribunal.\n\t(3)\tAn appointment under this section must be made in writing.\n\t(4)\tThe person may act as a member of the Tribunal in relation to a matter, or for the period, for which the person is appointed, and when acting under the appointment the person is to be regarded as a senior member or an ordinary member of the Tribunal (according to the basis on which the appointment was made) for the purposes of this Act and any relevant Act (and the other provisions of this subdivision apply with any necessary modifications in relation to a person appointed under this section).\n\t(5)\tA person appointed under this section is, for the period of appointment, entitled to be paid any salary or allowances determined by the Attorney‑General after consultation with the President of the Tribunal.\n\t(6)\tA person appointed under this section for a particular period may be appointed to act for a further period by the Attorney‑General after consultation with the President of the Tribunal.\n\t(7)\tThe Governor may at any time, on the recommendation of the Attorney‑General, cancel the appointment of a person under this section.\n\t(8)\tBefore the Governor acts under subsection (7), the Attorney‑General must consult with the President of the Tribunal (unless the Attorney‑General is acting at the request of the President).\n","sortOrder":9},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Assessors","content":"Subdivision 6—Assessors\n22—Assessors\n\t(1)\tThere will be such panels of assessors as may be necessary for the purposes of any relevant Act.\n\t(2)\tAn assessor will be appointed by the Minister on the recommendation of the President of the Tribunal.\n\t(3)\tBefore appointing a person as an assessor under this section, the Minister must be satisfied that the person is qualified, by reason of his or her knowledge, expertise and experience, to provide specialist knowledge in a field or fields in which the Tribunal exercises jurisdiction (after taking into account the provisions of any relevant Act).\n\t(5)\tAn assessor will be appointed for a term of office, not exceeding 5 years, specified in the instrument of appointment and is eligible for reappointment at the expiration of a term of office.\n\t(6)\tAn assessor is appointed on conditions specified in the instrument of appointment.\n\t(7)\tAn assessor will sit on a sessional basis.\n\t(8)\tSubject to the conditions of appointment, an assessor may perform work outside the Tribunal.\n\t(9)\tThe Minister may, on the recommendation of the President of the Tribunal, remove an assessor from office for—\n\t(10)\tA person ceases to be an assessor if the person—\n\t(d)\tceases to satisfy any qualification by virtue of which the person was eligible for appointment to the Tribunal; or\n\t(e)\tis removed from office under subsection (9).\n\t(12)\tThe Minister may make appointments from time to time for the purpose of maintaining or increasing the membership of panels established under this section.\n","sortOrder":10},{"sectionNumber":"Div 4","sectionType":"division","heading":"Constitution of Tribunal and its decision‑making processes","content":"Division 4—Constitution of Tribunal and its decision‑making processes\n23—Constitution of Tribunal\n\t(1)\tSubject to this section, the President may determine, in relation to a particular matter or matters, or particular classes of matters, which member or members of the Tribunal will constitute the Tribunal.\n\t(2)\tThe Tribunal is not to be constituted by more than 3 members.\n\t(3)\tA person is not allowed to be a sitting member of the Tribunal, or perform any function as a member of the Tribunal, in relation to a matter in the review jurisdiction of the Tribunal if the person was—\n\t(a)\tthe decision‑maker in relation to that matter; or\n\t(b)\ta member of a body that was the decision‑maker in relation to that matter.\n\t(4)\tThe President may, as he or she thinks fit—\n\t(a)\talter who is to constitute the Tribunal for the purpose of dealing with a matter, or anything relating to a matter, and the Tribunal as constituted after the alteration can have regard to any record of the proceedings of the Tribunal in relation to the matter before the alteration or any evidence taken in the proceedings before the alteration;\n\t(b)\tprovide that different aspects of the same matter may be dealt with by different members of the Tribunal, and the members of the Tribunal may then come together and have regard to any evidence taken by the respective members of the Tribunal for the purposes of the proceedings of the Tribunal.\n\t(5)\tIn addition, the Tribunal may be constituted of—\n\t(a)\ta registrar for the purpose of adjourning proceedings; or\n\t(b)\ta registrar or other member of the staff of the Tribunal for any other purpose specified by this Act or a relevant Act, prescribed by the rules of the Tribunal, or determined by the President.\n\t(6)\tThe Tribunal may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.\n\t(7)\tThe Tribunal may, if it considers it appropriate to do so, organise its business and regulate proceedings before the Tribunal in such a way that 2 or more proceedings in respect of the same matter are heard together.\n\t(8)\tWhere a registrar or other member of the staff of the Tribunal exercises the jurisdiction of the Tribunal, the registrar or other member of the staff may, and must if the Tribunal or the President of the Tribunal so directs, refer the matter to the Tribunal for determination by the Tribunal.\n\t(9)\tIf a provision of this Act and the provisions of a relevant Act deal with the manner in which the Tribunal is to be constituted for the purposes of proceedings or any other business under a relevant Act, this section applies subject to those provisions of the relevant Act.\n24—Who presides at proceedings of Tribunal\n\t(1)\tIf, for dealing with a particular matter, the Tribunal is constituted by 2 or more members, the most senior of them is to preside at the proceedings of the Tribunal.\n\t(2)\tThe seniority of members of the Tribunal depends on which of the offices held takes precedence and, if that does not determine a member's seniority, the matter is to be resolved by the President of the Tribunal.\n\t(3)\tThe order of precedence of offices is as follows:\n\t(a)\tPresident;\n\t(b)\tDeputy President;\n\t(c)\tmagistrate;\n\t(d)\tsenior member;\n\t(e)\tordinary member;\n\t(f)\tassessor.\n25—Decision if 2 or more members constitute Tribunal\n\t(1)\tSubject to subsection (2), if the Tribunal is constituted by 2 or more members, a question they are required to decide is resolved, unless section 26 applies, according to the opinion of the majority of them but, if their opinions on the question are equally divided, the question is to be resolved according to the opinion of the presiding member.\n\t(2)\tIf the constitution of the Tribunal, as described in subsection (1), includes 1 or more assessors, questions of law or procedure will be determined by the presiding member.\n26—Determination of questions of law\n\t(1)\tThe member of the Tribunal constituting the Tribunal or, if the Tribunal is constituted by 2 or more members, the presiding member, may refer a question of law to a Presidential member of the Tribunal.\n\t(2)\tIf a question of law is referred under this section—\n\t(a)\tthe question is decided by the Tribunal according to the opinion of the Presidential member of the Tribunal; or\n\t(b)\tthe Presidential member may refer the question to the Court of Appeal for determination.\n\t(3)\tIf a Presidential member of the Tribunal decides a question of law under subsection (2), the Presidential member may, in addition—\n\t(a)\tdecide any other questions remaining between the parties; and\n\t(b)\tmake such orders that are necessary to dispose of the matter.\n","sortOrder":11},{"sectionNumber":"Div 5","sectionType":"division","heading":"Related matters","content":"Division 5—Related matters\n27—Streams\nWithout limiting any other provisions, the President of the Tribunal may, in order to facilitate the expeditious conduct of its proceedings, and the proper and effective resolution of matters before the Tribunal, establish various streams or lists that reflect the areas of jurisdiction of the Tribunal.\n28—Validity of acts of Tribunal\nAn act or proceeding of the Tribunal is not invalid by reason only of—\n\t(a)\ta vacancy in the membership of, or a defect in the appointment of a person to, the Tribunal or a panel from which members of the Tribunal are drawn; or\n\t(b)\ta defect in the appointment of any other person to act on behalf of the Tribunal; or\n\t(c)\tthe absence of, or a defect in, a designation of a member of the Tribunal as a legally qualified member by the President.\n29—Disclosure of interest by members of Tribunal\nIf the Tribunal is constituted of, or includes, a member who has a pecuniary or other interest that could conflict with the proper performance of the member's functions in proceedings before the Tribunal, the member—\n\t(a)\tmust disclose the interest to the parties to the proceedings and to the President of the Tribunal; and\n\t(b)\tmust not take part in the proceedings or exercise powers affecting the proceedings—\n\t(i)\tif the President directs the member to withdraw from the proceedings; or\n\t(ii)\tif a party to the proceedings does not consent to the member hearing and determining, or participating in the hearing and determination of, the proceedings.\n30—Delegation\n\t(1)\tThe President of the Tribunal may delegate a function or power of the President under this or any other Act—\n\t(a)\tto another member of the Tribunal; or\n\t(b)\tto a member of the staff of the Tribunal; or\n\t(c)\tto the person (being either a member of the Tribunal or a member of the staff of the Tribunal) for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA delegation under subsection (1)—\n\t(a)\tmust be made by instrument in writing; and\n\t(b)\tmay be conditional; and\n\t(c)\tdoes not derogate from the ability of the President to act in any matter; and\n\t(d)\tis revocable at will by the President.\n","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Jurisdiction","content":"Part 3—Jurisdiction\nDivision 1—Preliminary\n31—Sources of jurisdiction\n\t(1)\tThe Tribunal will have the jurisdiction conferred on it by or under this or any other Act.\n\t(2)\tWithout limiting subsection (1), if a provision of an Act enables an application, referral or appeal to be made to the Tribunal, or a claim to be brought before the Tribunal, the Act will be taken to confer jurisdiction on the Tribunal to deal with the matter concerned.\n32—Kinds of jurisdiction\n\t(1)\tSubject to subsection (2), a matter in which the Tribunal has jurisdiction comes within—\n\t(a)\tits original jurisdiction; or\n\t(b)\tits review jurisdiction.\n\t(2)\tSubsection (1)(b) does not encompass the internal review jurisdiction that is exercised under Part 5 Division 1.\nDivision 2—Original jurisdiction\n33—Original jurisdiction\n\t(1)\tSubject to subsection (2), if the matter that a relevant Act gives the Tribunal to deal with does not involve a reviewable decision within the meaning of section 34, the matter comes within the Tribunal's original jurisdiction.\n\t(2)\tSubject to subsections (3) and (4) the Tribunal will, in its original jurisdiction, depending on the nature of the matter—\n\t(a)\tact as the original decision‑maker in the matter (and accordingly apply those principles which, according to law, are to be applied to bodies that make such decisions pursuant to statute); or\n\t(b)\tresolve a dispute between parties to the relevant proceedings; or\n\t(c)\tadopt any other course of action that the Tribunal considers appropriate to deal with the matter.\n\t(3)\tIn exercising its original jurisdiction, the Tribunal is to deal with a matter in accordance with this Act and the relevant Act.\n\t(4)\tFurthermore, the relevant Act may modify the operation of this Act in relation to a matter that comes within the Tribunal's original jurisdiction.\nDivision 3—Review jurisdiction\n34—Decisions within review jurisdiction\n\t(1)\tIf the matter that a relevant Act gives the Tribunal jurisdiction to deal with is a matter that expressly or necessarily involves a review of a decision (a reviewable decision), the matter comes within the Tribunal's review jurisdiction.\n\t(2)\tFor the purposes of subsection (1) (and the other sections of this Division), and subject to the provisions of a relevant Act, a reviewable decision is—\n\t(a)\ta decision made by the Crown or an agency or instrumentality of the Crown; or\n\t(b)\ta decision made by a prescribed person or body; or\n\t(c)\ta prescribed decision or class of decision,\nbut does not include a decision made by a person or body or a decision, or class of decision, excluded by the regulations.\n\t(2a)\tFor the purposes of this Act—\n\t(a)\tunless paragraph (b) applies—the decision‑maker for a reviewable decision is the person or body that made or is taken to have made the reviewable decision;\n\t(b)\tthe rules may provide—\n\t(i)\tthat the decision‑maker for a reviewable decision will, instead of being the person or body under paragraph (a), be a person or body that is assigned by the rules as being a suitable entity to act as the decision‑maker for the purposes of this Act (or specified provisions of this Act); or\n\t(ii)\tthat a reference to the decision‑maker for a reviewable decision in this Act (or specified provisions of this Act) will be taken to include a reference to a person or body that is designated by the rules as being a suitable entity to act jointly with the person or body under paragraph (a) for the purposes of this Act (or specified provisions of this Act),\nand rules made under this paragraph will then have effect in accordance with their terms.\n\t(3)\tSubject to subsections (4), (5) and (6), the Tribunal will, in exercising its review jurisdiction, examine the decision of the decision‑maker by way of rehearing.\n\t(4)\tOn a rehearing, the Tribunal must reach the correct or preferable decision but in doing so must have regard to, and give appropriate weight to, the decision of the original decision‑maker.\n\t(5)\tA procedure on a rehearing will include—\n\t(a)\tan examination of the evidence or material before the decision‑maker (unless any such evidence or material is to be excluded under another provision of this Act or under any other law); and\n\t(b)\ta consideration of any further evidence or material that the Tribunal decides, in the circumstances of the particular case, to admit for the purposes of rehearing the matter.\n\t(6)\tIn exercising its review jurisdiction, the Tribunal is to deal with a matter in accordance with this Act and the relevant Act.\n\t(7)\tFurthermore, the relevant Act may modify the operation of this Act in relation to a matter that comes within the Tribunal's review jurisdiction.\n35—Decision‑maker must assist Tribunal\n\t(1)\tIn proceedings for the review of a reviewable decision, the decision‑maker for the reviewable decision must use his or her best endeavours to help the Tribunal so that it can make its decision on the review.\n\t(2)\tWithout limiting subsection (1), the decision‑maker must provide the following to the Tribunal within a reasonable period and in any event within the time prescribed by the regulations:\n\t(a)\ta written statement of the reasons for the decision;\n\t(b)\tany document or thing in the decision‑maker's possession or control that may be relevant to the Tribunal's review of the decision.\n\t(3)\tThe decision‑maker must, in providing any document or thing under subsection (2), take reasonable steps to identify the documents or things that were taken into account in making the relevant decision.\n\t(4)\tIf the Tribunal considers that there are additional documents or things in the decision‑maker's possession or control that may be relevant to the Tribunal's review of the reviewable decision, the Tribunal may, by written notice, require the decision‑maker to provide the documents or things.\n\t(5)\tIf the Tribunal considers the statement of reasons given under subsection (2)(a) is not adequate, the Tribunal may, by written notice, require the decision‑maker to give the Tribunal an additional statement containing stated further particulars.\n\t(6)\tThe decision‑maker must comply with a notice given under subsection (4) or (5) within the period stated in the notice.\n\t(7)\tA requirement under this section that the decision‑maker give the Tribunal information or a document or thing applies despite any provision in another Act prohibiting or restricting the disclosure of the information or the information contained in the document or thing.\n\t(8)\tThe Tribunal may examine any document or thing provided under this section and draw any conclusions of fact it considers proper.\n36—Effect of review proceedings on decision being reviewed\n\t(1)\tThe commencement of proceedings for the review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision unless—\n\t(a)\tthe relevant Act states otherwise; or\n\t(b)\tan order is made under subsection (2).\n\t(2)\tOn or after the commencement of proceedings for the review of a decision, the Tribunal or the decision‑maker may, on application or on its own initiative, make an order staying or varying the operation or the implementation of the whole or a part of the reviewable decision pending the determination of the matter, or until such time (whether before or after the determination of the matter) as the Tribunal or the decision‑maker may specify, if the Tribunal, or the decision‑maker, is satisfied that it is just and reasonable in the circumstances to make the order.\n\t(3)\tAn order by the Tribunal or the decision‑maker under this section—\n\t(a)\tis subject to such conditions as are specified in the order; and\n\t(b)\tmay be varied or revoked—\n\t(i)\tin any case—by further order of the Tribunal; or\n\t(ii)\tif the order was made by the decision‑maker—by further order by the decision‑maker or the Tribunal.\n37—Decision on review\n\t(1)\tThe Tribunal may, on a review under this Division—\n\t(a)\taffirm the decision that is being reviewed; or\n\t(b)\tvary the decision that is being reviewed; or\n\t(c)\tset aside the decision being reviewed and—\n\t(i)\tsubstitute its own decision; or\n\t(ii)\tsend the matter back to the decision‑maker for reconsideration in accordance with any directions or recommendations that the Tribunal considers appropriate,\nand, in any case, may make any order the Tribunal considers appropriate (including any interim order pending the reconsideration and determination of the matter by the decision‑maker, or any ancillary or consequential order, that the Tribunal considers appropriate).\n\t(2)\tThe fact that a decision is made on reconsideration under subsection (1)(c)(ii) does not prevent the decision from being open to review by the Tribunal.\n\t(3)\tThe decision‑maker's decision as affirmed or varied by the Tribunal or a decision that the Tribunal substitutes for the decision‑maker's decision—\n\t(a)\tis to be regarded as, and given effect as, a decision of the decision‑maker; and\n\t(b)\tunless the relevant Act states otherwise or the Tribunal orders otherwise, is to be regarded as having effect, from the time when the decision reviewed would have, or would have had, effect.\n\t(4)\tWithout limiting subsection (3)(a), the decision‑maker has power to do anything necessary to implement the Tribunal's decision.\n\t(5)\tDespite subsection (3)(a), the decision as affirmed, varied or substituted is not again open to review before the Tribunal as a decision of the decision‑maker (but may be subject to appeal under this Act).\n38—Tribunal may invite decision‑maker to reconsider decision\n\t(1)\tAt any stage of proceedings for the review of a reviewable decision, the Tribunal may invite the decision‑maker to reconsider the decision.\n\t(2)\tOn being invited by the Tribunal to reconsider the reviewable decision, the decision‑maker may—\n\t(a)\taffirm the decision; or\n\t(b)\tvary the decision; or\n\t(c)\tset aside the decision and substitute a new decision.\n\t(3)\tIf the decision‑maker varies the decision or sets it aside and substitutes a new decision, unless the proceedings for a review are withdrawn, the proceedings will then be taken to be for—\n\t(a)\tthe review of the decision as varied; or\n\t(b)\tthe review of the substituted decision.\n\t(4)\tThe Tribunal may specify a period within which the decision‑maker should act under this section (and if the decision‑maker does not take action within that period then the Tribunal may resume its proceedings under this Division in such manner as it thinks fit).\n","sortOrder":13},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Federal jurisdiction proceedings","content":"Part 3A—Federal jurisdiction proceedings\n38A—Interpretation\n\t(1)\tIn this Part—\nfederal jurisdiction means jurisdiction of the kind referred to in section 75 or 76 of the Constitution of the Commonwealth;\nrules of the Court means the rules of the Court made under the Magistrates Court Act 1991;\ntransferred proceeding—see section 38B.\n\t(2)\tFor the purposes of this Part, a reference to the making of an application, or an application made, to the Tribunal will be taken to include the referral of a matter to, or otherwise bringing of a matter before, the Tribunal.\n38B—Transfer of applications involving federal jurisdiction to Magistrates Court\n\t(1)\tIf a person has standing to make an application to the Tribunal in the exercise of its original jurisdiction under section 33 or its review jurisdiction under section 34, the application may be determined by the Magistrates Court in accordance with this Part instead of the Tribunal.\n\t(2)\tIf, following an application made to the Tribunal in the manner and form required under this Act for the kind of application concerned, the Tribunal considers that—\n\t(a)\tit does not have, or there is some doubt as to whether it has, jurisdiction to determine the application because its determination may involve the exercise of federal jurisdiction; and\n\t(b)\tthe Tribunal would otherwise have had jurisdiction enabling it to determine the application,\nthen the Tribunal may order that proceedings on the application be transferred to the Magistrates Court.\n\t(3)\tA proceeding transferred to the Magistrates Court under subsection (2) is a transferred proceeding.\n\t(4)\tIf proceedings are transferred to the Magistrates Court under this Part—\n\t(a)\tthe application made to the Tribunal will be taken to be duly made as an application to the Court; and\n\t(b)\tthe proceedings may be continued and completed as if steps taken in the proceedings prior to the transfer had been taken in the Court.\n\t(5)\tThe fee payable in respect of the application is the relevant fee (if any) payable to the Tribunal under this Act.\n\t(6)\tA party to the transferred proceeding is not required to pay any fees in relation to the transfer of the proceedings to the Magistrates Court unless the Court determines that additional fees are payable under the Magistrates Court Act 1991 because of a substantial alteration in the nature of the claims in the proceedings.\n\t(7)\tAn order made by the Tribunal under subsection (2) may not be the subject of review or appeal under Part 5 of this Act.\n\t(8)\tThe Magistrates Court may remit the transferred proceedings to the Tribunal for determination if the Court is satisfied that the Tribunal has jurisdiction to determine the matter.\n\t(9)\tIf the Magistrates Court remits the transferred proceedings to the Tribunal, the Court may make such orders that it considers appropriate to facilitate the determination of the proceedings by the Tribunal.\n\t(10)\tThe Tribunal must determine transferred proceedings that are remitted to it in accordance with any orders made by the Magistrates Court.\n38C—Magistrates Court proceedings, jurisdiction, powers and functions etc\n\t(1)\tTransferred proceedings are taken to have been commenced in the Magistrates Court on the day on which the application to which the proceedings relate was first made to the Tribunal.\n\t(2)\tSubsection (1) applies despite any limitation period under the Limitation of Actions Act 1936 or any relevant Act that applies to the application concerned provided it was lodged with the Tribunal before the expiry of the period.\n\t(3)\tThe Magistrates Court has, and may exercise, all of the jurisdiction, powers and functions in relation to the transferred proceedings that the Tribunal would have had if it could exercise federal jurisdiction, including jurisdiction, powers and functions conferred or imposed on the Tribunal by or under this Act or a relevant Act.\n\t(4)\tThe practices and procedures that apply to the Tribunal under this Act (including the rules) or a relevant Act will apply to the Magistrates Court in respect of the transferred proceedings unless, and to such extent as, the Court determines otherwise.\n\t(5)\tThe Magistrates Court may make such orders (including in relation to the Tribunal) as it considers appropriate to facilitate its determination of the transferred proceedings.\n38D—Modifications of certain functions, powers and procedures etc\nDespite section 38C, the following provisions apply in relation to transferred proceedings:\n\t(a)\tthe Magistrates Court is to be constituted as provided by or under the Magistrates Court Act 1991 instead of as provided by or under this Act or a relevant Act;\n\t(b)\tsubject to the provisions of a relevant Act and the rules of the Court, a party to the proceedings is entitled to be represented by a legal practitioner or, with leave of the Magistrates Court, by some other person, but only in the circumstances that the Tribunal would have been permitted to allow if the proceedings were before the Tribunal;\n\t(c)\tthe law applicable to reviews of, or appeals against, decisions of the Magistrates Court applies to decisions of the Court in the transferred proceedings instead of Part 5 of this Act (however, the Court may make an order staying the operation of the relevant decision (including the decision of a relevant decision‑maker) until the proceedings are finally decided, on such conditions as may be specified in the order);\n\t(d)\tthe Magistrates Court may award costs in the proceedings only in the circumstances that the Tribunal would have been permitted to award them (and the costs are to be assessed in the same way as they would have been) if the proceedings were before the Tribunal;\n\t(e)\tthe Magistrates Court may make orders giving effect to any settlement reached by the parties even if that settlement was reached before the commencement of this Part or before proceedings were transferred to the Court under this Part;\n\t(f)\tthe regulations may prescribe other modifications (including to the provisions of this Act or any other Act or regulations under an Act) for the transferred proceedings of the kind concerned.\n38E—Compulsory conferences\n\t(1)\tSubject to the provisions of a relevant Act, the Magistrates Court may, if the Court considers it is appropriate, require the parties to transferred proceedings to attend a compulsory conference presided over by a member of the Tribunal or a registrar of the Tribunal under section 50.\n\t(2)\tThe Magistrates Court may give such directions to the Tribunal in relation to the procedures and conduct of the conference as the Court considers appropriate.\n38F—References to Tribunal in other Acts or regulations\nTo avoid doubt, but subject to the regulations—\n\t(a)\ta reference to the Tribunal in a provision of an Act or regulations under an Act that confers or imposes a function on the Tribunal is to be read as including a reference to the Magistrates Court if the function is conferred or imposed on the Court because of the operation of this Part; and\n\t(b)\ta reference to proceedings in the Tribunal in a provision of a kind referred to in paragraph (a) is to be read as including a reference to proceedings in the Magistrates Court.\n38G—Bailiffs\nTo avoid doubt, if a provision of a relevant Act provides for the enforcement of an order of the Tribunal by a bailiff appointed under this Act, then that provision is to be read as including a reference to an order of the Magistrates Court made because of the operation of this Part (and in enforcing an order of the Court, the bailiff may, in accordance with provisions of the relevant Act, exercise the powers conferred by that Act).\n38H—Relationship of this Part to this Act and other laws\nThe provisions of this Part prevail to the extent of any inconsistency between those provisions and any other provisions of this Act or any other Act.\n38I—Enforcement, variation or revocation of purported orders\n\t(1)\tThe amount specified in a purported monetary order made by the Tribunal may be recovered in the appropriate court (within the meaning of section 89) by the person in favour of whom the order was made as if it were a debt.\n\t(2)\tA person who contravenes or fails to comply with the terms of a purported order of the Tribunal (other than a purported monetary order) is guilty of an offence.\nMaximum penalty: $50 000 or imprisonment for 2 years.\n\t(3)\tIf a person seeks a variation or revocation of a purported order or purported monetary order—\n\t(a)\tthe person may apply to the Tribunal; and\n\t(b)\tthe Tribunal must order that proceedings on the application be transferred to the Magistrates Court,\nand such a matter will be a transferred proceeding for the purposes of this Part.\n\t(4)\tNo act undertaken, or purportedly undertaken, by a person pursuant to, or for the purposes of enforcing, a purported order or a purported monetary order, in good faith, gives rise to any liability against the person or the Crown.\n\t(5)\tIn this section, a reference to a purported order or a purported monetary order is a reference to an order purportedly made by the Tribunal (whether before or after the commencement of this Part) that is invalid because determination of the application that gave rise to the order involved the exercise of federal jurisdiction and that, on the commencement of this Part, is to be made by the Magistrates Court.\n","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principles, powers and procedures","content":"Part 4—Principles, powers and procedures\nDivision 1—Principles governing hearings\n39—Principles governing hearings\n\t(1)\tOn the hearing of any proceedings, but subject to the provisions of a relevant Act—\n\t(a)\tthe procedure of the Tribunal will, subject to this Act, be conducted with the minimum of formality; and\n\t(b)\tthe Tribunal is not bound by the rules of evidence, may adopt, as in its discretion it considers appropriate, any findings, decision or judgment of a court or other tribunal (insofar as may be relevant to the proceedings before the Tribunal), and may otherwise inform itself as it thinks fit; and\n\t(c)\tthe Tribunal must act according to equity, good conscience and the substantial merits of the case and without regard to legal technicalities and forms.\n\t(2)\tNothing in this Act affects any rule or principle of law relating to—\n\t(a)\tlegal professional privilege; or\n\t(b)\t\"without prejudice\" privilege; or\n\t(c)\tpublic interest immunity.\n\t(3)\tThis section does not limit the operation of section 69.\nDivision 2—Evidentiary powers\n40—Power to require person to give evidence or to produce evidentiary material\n\t(1)\tThe Tribunal may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Tribunal at a specified time and place to give evidence or to produce evidentiary material (or both).\n\t(2)\tA summons to produce evidentiary material may, instead of providing for production of the material before the Tribunal, provide for production of the material to an officer of the Tribunal, or to any person nominated in the summons.\n\t(3)\tThe Tribunal may—\n\t(a)\tretain any document, object or substance produced before it (whether in response to a summons or otherwise) for such reasonable period as it thinks fit, and make copies of any document; and\n\t(b)\trequire a person called to give evidence (whether in response to a summons or otherwise) to make an oath or affirmation (which may be administered by any member or officer of the Tribunal) to answer truthfully questions put by any member of the Tribunal or any person appearing before the Tribunal; and\n\t(c)\trequire any person called to give evidence (whether in response to a summons or otherwise) to answer any questions put by any member of the Tribunal or any person appearing before the Tribunal that are determined by the Tribunal to be relevant to the proceedings before the Tribunal.\n\t(4)\tA person who—\n\t(a)\trefuses or fails to make an oath or affirmation when required to do so under this section; or\n\t(b)\trefuses or fails without reasonable excuse to produce evidentiary material that the person is required by the Tribunal to produce; or\n\t(c)\trefuses or fails without reasonable excuse to appear before the Tribunal in response to a summons; or\n\t(d)\trefuses or fails without reasonable excuse to give evidence before the Tribunal or otherwise refuses or fails without reasonable excuse to answer any question put in proceedings before the Tribunal or otherwise required under this Act; or\n\t(e)\tgives false or misleading evidence to the Tribunal,\nis guilty of an offence.\nMaximum penalty: $25 000 or imprisonment for 1 year.\n\t(5)\tA summons under this section may be issued on behalf of the Tribunal by—\n\t(a)\tany member of the Tribunal; or\n\t(b)\ta registrar; or\n\t(c)\tany other officer authorised under the rules or by the President of the Tribunal to issue such summonses.\n41—Entry and inspection of property\n\t(1)\tA member of the Tribunal may enter any land or building and carry out any inspection that the Tribunal considers relevant to any proceedings before the Tribunal.\n\t(2)\tA member of the Tribunal may authorise an officer of the Tribunal to enter any land or building and carry out an inspection that the member considers relevant to any proceedings before the Tribunal.\n\t(3)\tA person who obstructs a member of the Tribunal, or a person authorised by the Tribunal, in the exercise of a power of entry or inspection under this section is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 6 months.\n42—Expert reports\n\t(1)\tThe Tribunal may refer any question arising in any proceedings for investigation and report by an expert in the relevant field.\n\t(2)\tThe Tribunal must seek submissions from the parties to the proceedings before making a reference under this section.\n\t(3)\tA person to whom a question is referred under this section becomes an officer of the Tribunal and may exercise such powers of the Tribunal as the Tribunal delegates.\n\t(4)\tThe Tribunal may adopt a report obtained under this section in whole or in part (or may reject it).\n\t(5)\tAny action taken under subsection (4) does not prevent the Tribunal from making a further reference to an expert.\n\t(6)\tThe Tribunal may order a party to pay or contribute to the costs of an expert's investigation and report under this section.\nDivision 3—Procedures\n43—Practice and procedure generally\n\t(1)\tThe Tribunal is to take measures that are reasonably practicable—\n\t(a)\tto ensure that the parties to any proceedings have a reasonable opportunity to understand the nature of the matter under consideration; and\n\t(b)\tto ensure that the parties to any proceedings understand the nature of any assertions made in the proceedings and the legal implications of those assertions; and\n\t(c)\tto explain to the parties, if requested to do so, any aspect of the procedure of the Tribunal, or any decision or ruling made by the Tribunal; and\n\t(d)\tto ensure that the parties have the opportunity in any proceedings to be heard or otherwise have their submissions received.\n\t(2)\tThe Tribunal—\n\t(a)\tis to take all practicable steps to ensure that all relevant material is disclosed to the Tribunal so as to enable it to determine all the relevant facts in issue in any proceedings; and\n\t(b)\tmay require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument; and\n\t(c)\tmay limit the time available for presenting the respective cases of parties before it at a hearing to an extent that it considers would not impede the fair and adequate presentation of the cases; and\n\t(d)\tmay require a document to be served outside the State; and\n\t(e)\tmay adjourn any proceedings at any time and to any place (including for the purpose of enabling the parties to negotiate a settlement or for the purpose of reconsideration of a decision by the decision‑maker); and\n\t(f)\tmay proceed to hear and determine proceedings in the absence of a party.\n\t(3)\tTo the extent that the practice or procedure of the Tribunal is not prescribed by or under this Act or a relevant Act, it is to be as the Tribunal determines.\n44—Directions for conduct of proceedings\n\t(1)\tThe Tribunal may give directions at any time in any proceedings and do whatever is necessary for the speedy and fair conduct of the proceedings.\n\t(2)\tThe Tribunal may give directions on its own initiative or at the request of a party.\n\t(3)\tA directions hearing may be held for the purposes of this section before any other hearing in any proceedings.\n\t(4)\tThe Tribunal may give a direction requiring a party to produce a document or other material, or to provide information, to the Tribunal or another party.\n45—Consolidating and splitting proceedings\n\t(1)\tThe Tribunal may direct that 2 or more proceedings that concern the same or related facts or circumstances—\n\t(a)\tbe consolidated into 1 proceeding; or\n\t(b)\tremain as separate proceedings but be heard and determined together.\n\t(2)\tIf proceedings are consolidated, evidence given in the consolidated proceedings is admissible in relation to matters involved in either of the proceedings that were consolidated.\n\t(3)\tThe Tribunal may direct—\n\t(a)\tthat any aspect of any proceedings be heard and determined separately;\n\t(b)\tthat proceedings commenced by 2 or more persons jointly be split into separate proceedings.\n46—More appropriate forum\nThe Tribunal may, at any time, make an order striking out all, or any part, of any proceedings if it considers that the matter, or any aspect of it, would be more appropriately dealt with by another tribunal, a court, or any other person.\n47—Dismissing proceedings on withdrawal or for want of prosecution\n\t(1)\tThe applicant in any proceedings may withdraw or agree to the withdrawal of the proceedings or a part of the proceedings.\n\t(2)\tUnless otherwise provided by the rules, an applicant can only act under subsection (1) with the leave of the Tribunal.\n\t(3)\tThe Tribunal may make an order dismissing or striking out all, or any part, of any proceedings if the applicant withdraws or agrees to the withdrawal of the proceedings or that part of it.\n\t(4)\tAt any time, the Tribunal may make an order dismissing or striking out all, or any part, of any proceedings for want of prosecution.\n\t(5)\tThe Tribunal's power to make an order under subsection (4) is exercisable only by a legally qualified member of the Tribunal or a registrar who is authorised in writing by the President of the Tribunal to make such an order (whether generally or in relation to particular classes of matters or otherwise).\n\t(6)\tThe Tribunal may make an order under this section on the application of a party or on its own initiative.\n48—Frivolous, vexatious or improper proceedings\n\t(1)\tThis section applies if the Tribunal believes that a proceeding—\n\t(a)\tis frivolous, vexatious, misconceived or lacking in substance or involves a trivial matter or amount; or\n\t(b)\tis being used for an improper purpose; or\n\t(c)\tis otherwise an abuse of process.\n\t(2)\tIf this section applies, the Tribunal may order that the proceeding be dismissed or struck out and may make any related or ancillary order.\n\t(3)\tThe Tribunal may act under subsection (2) on the application of a party or on its own initiative.\n\t(4)\tIf a proceeding is dismissed or struck out under this section, another proceeding of the same kind in relation to the same matter cannot be commenced before the Tribunal without the leave of a Presidential member.\n49—Proceedings being conducted to cause disadvantage\n\t(1)\tThis section applies if the Tribunal believes that a party to any proceedings is conducting the proceedings in a way that unnecessarily disadvantages another party to the proceedings by conduct such as—\n\t(a)\tfailing to comply with an order or direction of the Tribunal without reasonable cause; or\n\t(b)\tfailing to comply with this Act or a relevant Act; or\n\t(c)\tasking for an adjournment the need for which is attributable to a failure described in paragraph (a) or (b); or\n\t(d)\tattempting to deceive another party or the Tribunal; or\n\t(e)\tvexatiously conducting the proceedings; or\n\t(f)\tfailing to attend any hearing in the proceedings.\n\t(2)\tIf this section applies, the Tribunal may—\n\t(a)\tif the party causing the disadvantage is the applicant, order that the proceedings be dismissed or struck out; and\n\t(b)\tif the party causing the disadvantage is not the applicant—\n\t(i)\tdetermine the proceedings in favour of the applicant and make any appropriate orders; or\n\t(ii)\torder that the party causing the disadvantage be struck out of the proceedings.\n\t(3)\tThe Tribunal may act under subsection (2) on the application of a party or on its own initiative.\n\t(4)\tIf any proceedings are dismissed or struck out under this section, another proceeding of the same kind in relation to the same matter cannot be commenced before the Tribunal without the leave of a Presidential member.\nDivision 4—Conferences, mediation and settlement\n50—Conferences\n\t(1)\tThe Tribunal may, at an initial directions hearing or at any other time, require parties to any proceedings to attend a compulsory conference.\n\t(2)\tThe Tribunal must, if so required by the rules or a relevant Act, require parties to attend a compulsory conference.\n\t(3)\tDespite subsection (2) (and section 4), the Tribunal may dispense with a conference if it is of the opinion that—\n\t(a)\tno useful purpose would be served by a conference between the parties; or\n\t(b)\tthere is some other reason that justifies dispensing with the conference.\n\t(4)\tThe purpose of a compulsory conference is to identify and clarify the issues in the proceedings and to promote the resolution of the matters by a settlement between the parties.\n\t(5)\tA compulsory conference may, at the discretion of the member of the Tribunal presiding at the conference, be adjourned or reconvened from time to time.\n\t(6)\tUnless the member of the Tribunal presiding at the conference directs otherwise, a compulsory conference is to be held in private.\n\t(7)\tSubject to this section and except to the extent to which the rules may specify the procedure for a compulsory conference, the member of the Tribunal presiding at a compulsory conference may determine the procedure for the conference.\n\t(8)\tThe member of the Tribunal presiding at a compulsory conference may—\n\t(a)\tif that member is not a Presidential member—refer any question of law to a Presidential member of the Tribunal for determination;\n\t(b)\trequire a party to the proceedings to furnish particulars of his or her case;\n\t(c)\tdetermine who, apart from the parties to the proceedings (and their representatives), may be present at the conference;\n\t(d)\tsubject to subsection (11), record any settlement reached at a conference and make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to a settlement;\n\t(e)\ton his or her own initiative, close the conference at any time if, in his or her opinion, settlement cannot be reached;\n\t(f)\tadvise the Tribunal if the conference does not reach a settlement within a reasonable time;\n\t(g)\tpermit a party to withdraw from the proceedings (and make any consequential order that is appropriate in the circumstances);\n\t(h)\tdetermine a matter against any party who obstructs or delays the conference, fails to attend the conference, or fails to comply with a rule or order of the Tribunal and, in so doing, make any order as the member of the Tribunal thinks fit (including an order as to costs);\n\t(i)\tdo such other things as the rules of the Tribunal so provide.\n\t(9)\tIf a question of law is referred to a Presidential member of the Tribunal under subsection (8)(a), the Presidential member may refer the question to the Court of Appeal for determination.\n\t(10)\tEvidence of anything said or done in the course of a compulsory conference under this section is inadmissible in proceedings before the Tribunal except by consent of all parties to the proceedings.\n\t(11)\tThe member of the Tribunal presiding at a compulsory conference—\n\t(a)\tmust not accept a settlement that appears to be inconsistent with a relevant Act (but he or she may adjourn the proceedings to enable the parties to explore the possibility of varying the settlement to comply with a relevant Act); and\n\t(b)\tmay decline to accept a settlement on the basis that the settlement may materially prejudice any person who was not represented at the conference but who has a direct or material interest in the matter.\n\t(12)\tIf the member of the Tribunal presiding at a conference is unable to continue with the conference, another member of the Tribunal may be appointed to continue and complete the conference.\n\t(13)\tUnless all parties to the proceedings agree to his or her continued participation, the member of the Tribunal who presided at the conference is disqualified from sitting as a member of the Tribunal for the purpose of hearing and determining the matter.\n\t(14)\tA registrar is expressly authorised to constitute the Tribunal for the purposes of this section.\n\t(15)\tThe rules may set out circumstances where the outcome of any proceedings under this section (including details of a settlement) are to be available to members of the public.\n51—Mediation\n\t(1)\tThe Tribunal may, at an initial directions hearing or at any other time, refer the matter, or any aspect of the matter, for mediation by a person specified as a mediator by the Tribunal.\n\t(2)\tThe person specified as a mediator must be a person who has been approved by the President of the Tribunal to act as a mediator.\n\t(3)\tThe referral may be made with or without the consent of the parties.\n\t(4)\tThe purpose of a mediation is to achieve the resolution of the matters by a settlement between the parties.\n\t(5)\tThe rules may specify how notice of the mediation is to be given, how the mediation is to be conducted, and the fees to be paid by a party to the mediation.\n\t(6)\tUnless the mediator directs otherwise, the mediation is to be held in private.\n\t(7)\tSubject to this section and except to the extent to which the rules may specify the procedure for a mediation, the mediator may determine the procedure for the mediation.\n\t(8)\tIf the mediator is a member of the Tribunal and a settlement is reached at the mediation, the mediator may reduce the terms of the settlement to writing and make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to the settlement.\n\t(9)\tIf a settlement is not reached at the mediation or the mediator is not a member of the Tribunal, the mediator is to report on the outcome of the mediation to the Tribunal as constituted when it made the referral.\n\t(10)\tAny settlement under this section—\n\t(a)\tmust not be inconsistent with a relevant Act; and\n\t(b)\tmay be rejected by the Tribunal on the basis that the settlement may materially prejudice any person who has not participated in the mediation but who has a direct or material interest in the matter.\n\t(11)\tEvidence of anything said or done in the course of a mediation under this section is inadmissible in proceedings before the Tribunal except by consent of all parties to the proceedings.\n\t(12)\tIf the mediator is a member of the Tribunal, the member cannot take any further part in dealing with the proceedings after the mediation, unless all parties to the proceedings agree to his or her continued participation.\n\t(13)\tThe rules may set out circumstances where the outcome of any proceedings under this section (including details of a settlement) are to be available to members of the public.\n52—Settling proceedings\n\t(1)\tThe Tribunal may itself endeavour to achieve a negotiated settlement of a matter before the Tribunal.\n\t(2)\tIf the parties agree in writing to settle a matter before the Tribunal, the Tribunal may make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to the settlement.\n\t(3)\tA settlement under this section must not be inconsistent with a relevant Act and the Tribunal may reject a settlement under subsection (2) on the basis that the settlement may materially prejudice any person who is not a party to the settlement but who has a direct or material interest in the matter or that the terms of the settlement are inappropriate.\nDivision 5—Parties\n53—Parties\n\t(1)\tA person is a party to proceedings before the Tribunal if the person is—\n\t(a)\tthe applicant; or\n\t(b)\tin the case of any disciplinary proceedings or any proceedings constituted by any inquiry into a person—the person who is the subject of the proceedings; or\n\t(c)\tin the case of proceedings involving the review of a decision—the decision‑maker; or\n\t(ca)\twithout limiting a preceding paragraph, a respondent to an application before the Tribunal, a person against whom a claim is made by proceedings brought before the Tribunal, or a party to a dispute before the Tribunal; or\n\t(d)\ta person joined in the proceedings by order of the Tribunal; or\n\t(e)\ta person lawfully intervening in the proceedings; or\n\t(f)\ta person specified by another provision of this Act or a relevant Act to be a party to the proceedings.\n\t(2)\tSubsection (1) applies subject to any provision or exclusion made by the rules of the Tribunal.\n\t(3)\tIn any proceedings where a decision‑maker is a party, the official description rather than the personal name of the decision‑maker is to be used so far as is practicable.\n54—Person may be joined as party\n\t(1)\tThe Tribunal may order that a person be joined as a party to proceedings before the Tribunal if the Tribunal considers that—\n\t(a)\tthe person should be bound by, or have the benefit of, a decision of the Tribunal in the proceedings; or\n\t(b)\tthe person's interests are affected by the proceedings; or\n\t(c)\tfor any other reason it is desirable that the person be joined as a party.\n\t(2)\tThe Tribunal may make an order under this section—\n\t(a)\ton the application of any person or on its own initiative; and\n\t(b)\twithout notice to the person to whom the order relates.\n55—Intervening\n\t(1)\tThe Attorney‑General may, on behalf of the State, intervene in any proceedings before the Tribunal at any time.\n\t(2)\tThe Tribunal may give leave at any time for any other person to intervene in proceedings before the Tribunal on conditions, if any, that the Tribunal thinks fit.\n","sortOrder":15},{"sectionNumber":"Div 6","sectionType":"division","heading":"Representation","content":"Division 6—Representation\n56—Representation\n\t(1)\tA party to proceedings before the Tribunal is entitled to appear (subject to the provisions of a relevant Act)—\n\t(a)\tpersonally; or\n\t(b)\tby counsel; or\n\t(c)\twith the leave of the Tribunal and subject to the rules—by other representative.\n\t(2)\tUnless otherwise determined by the Tribunal, a person appearing before the Tribunal may be assisted by another person as a friend.\n\t(4)\tA person may not act as a representative in proceedings before the Tribunal if—\n\t(a)\tthe person is a legal practitioner whose practising certificate has been suspended; or\n\t(b)\tthe person's name has been struck off the roll of legal practitioners; or\n\t(c)\tthe person would be acting in any other manner that is inconsistent with disciplinary proceedings that have been taken under the Legal Practitioners Act 1981.\n","sortOrder":16},{"sectionNumber":"Div 7","sectionType":"division","heading":"Costs","content":"Division 7—Costs\n57—Costs\n\t(1)\tUnless otherwise specified in this Act, a relevant Act, or an order of the Tribunal under this section, parties bear their own costs in any proceedings before the Tribunal.\n\t(2)\tUnless otherwise specified in a relevant Act, the Tribunal may make an order for the payment by a party of all or any of the costs of another party, or of a person required to appear before the Tribunal or to produce evidential material, if the Tribunal thinks that it is appropriate to do so after taking into account—\n\t(a)\tthe main objectives of the Tribunal that are relevant to simplifying proceedings and issues before the Tribunal and to keeping costs to parties in proceedings before the Tribunal to a minimum insofar as is just and appropriate; and\n\t(b)\tthe need to ensure that proceedings are fair and that parties are not disadvantaged by proceedings that have little or no merit; and\n\t(c)\tany provision made by the rules; and\n\t(d)\tany other matter considered relevant by the Tribunal.\n\t(3)\tWithout limiting subsection (2), if the Tribunal dismisses or strikes out any proceedings in any prescribed circumstances, the Tribunal should also make an order for costs against the party against whom the action is directed unless the Tribunal is of the opinion that there is a good reason for not making an order in the circumstances of the particular case.\n\t(4)\tIf the Tribunal makes an order for the payment of costs and does not fix the amount of costs, that amount is to be assessed and settled in accordance with the rules.\n58—Costs—related matters\n\t(1)\tThe power of the Tribunal to make an order for the payment by a party of the costs of another party includes the power to make an order for the payment of an amount to compensate the other party for any expenses or loss resulting from any proceedings or matter.\n\t(2)\tWithout limiting anything else that may be considered in making an order for the payment by a party of the costs of another party, where the matter that is the subject of any proceedings comes within the Tribunal's review jurisdiction, the Tribunal is to have regard to—\n\t(a)\twhether the party genuinely attempted to enable and assist the decision‑maker to make a decision on its merits;\n\t(b)\twhether the party (being the decision‑maker) genuinely attempted to make a decision on its merits.\n\t(3)\tThe rules may deal with the effect of certain offers to settle, and the response, if any, to the offer, on the making of an order for the payment by a party of the costs of another party.\n\t(4)\tThe Tribunal may order that the representative of a party, rather than the party, in the representative's own capacity compensate that or any other party for costs incurred because the representative acted in, or delayed, any proceedings in a way that resulted in unnecessary costs.\n","sortOrder":17},{"sectionNumber":"Div 8","sectionType":"division","heading":"Other procedural and related provisions","content":"Division 8—Other procedural and related provisions\n59—Sittings\nThe Tribunal will sit at such times and places as the President of the Tribunal may direct (including at different places at the same time).\n60—Hearings in public\n\t(1)\tSubject to this or any other Act, proceedings before the Tribunal must be heard in public.\n\t(2)\tThe Tribunal may, where it is satisfied that it is desirable to do so—\n\t(a)\tin the interest of justice; or\n\t(b)\tby reason of the confidential nature of the evidence to be given before the Tribunal; or\n\t(c)\tin order to expedite proceedings of the Tribunal; or\n\t(d)\tfor any other reason that the Tribunal thinks sufficient,\ngive directions—\n\t(e)\trequiring that a hearing, or part of a hearing, be held in private; or\n\t(f)\tprohibiting or restricting the publication of the name and address of a witness appearing before the Tribunal; or\n\t(g)\tprohibiting or restricting the publication of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or\n\t(h)\tprohibiting or restricting the disclosure to some or all of the parties to proceedings before the Tribunal of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or\n\t(i)\texcluding any person from the hearing before the Tribunal of any part of the proceedings.\n\t(3)\tA person must comply with a direction of the Tribunal under subsection (2).\nMaximum penalty: $10 000.\n61—Preserving subject matter of proceedings\n\t(1)\tThe Tribunal may, on such terms as appear just, make any order that may be necessary to preserve the subject matter of proceedings, or to otherwise protect the interests of a party, until questions arising in the proceedings have been finally determined.\n\t(2)\tThe Tribunal's power to make an order under subsection (1) is exercisable by—\n\t(a)\ta Presidential member of the Tribunal; or\n\t(b)\tany other legally qualified member of the Tribunal who is authorised by the President of the Tribunal to make orders under this section.\n\t(3)\tThe Tribunal may make the order on the application of a party or on its own initiative.\n\t(4)\tAn order may be made under this section whether or not a person whose interests may be affected—\n\t(a)\tis a party; or\n\t(b)\thas been given an opportunity to be heard.\n\t(5)\tAn order may be made under this section—\n\t(a)\tfor a specified period; or\n\t(b)\tuntil a specified event or stage in the proceedings.\n\t(6)\tIn making an order under this section, the Tribunal—\n\t(a)\tmay require an undertaking as to costs or damages as it considers appropriate; and\n\t(b)\tmay provide for the revocation of the order if specified conditions are met.\n\t(7)\tThe Tribunal may assess any costs or damages referred to in subsection (6)(a) and any amount so assessed is recoverable as a debt in a court of competent jurisdiction.\n\t(8)\tThe rules may place conditions on the Tribunal's power to make an order under this section.\n\t(9)\tThe Tribunal's power under this section is in addition to, and does not limit, any power of the Tribunal under a relevant Act to make an order in the nature of an injunction or interim injunction.\n62—Security as to costs etc\n\t(1)\tThe Tribunal may order a party to proceedings before the Tribunal to give security for the payment of costs or to give an undertaking as to the payment of other monetary amounts that may be awarded against the party.\n\t(2)\tThe security referred to in subsection (1) will be of such amount, and given at such time and in such manner and form, as the Tribunal directs.\n\t(3)\tThe Tribunal may reduce or increase the amount of security ordered under subsection (1) to be given and may vary the time at which, or the manner or form in which, the security is to be given.\n\t(4)\tIf security, or further security, or an undertaking, is not given in accordance with an order under this section, the Tribunal may order that the proceedings be dismissed (with costs), or that a determination (with costs) be made against the party.\n\t(5)\tThe provisions of this section relating to security, or the giving of an undertaking, do not affect the operation of any provision made by or under a relevant Act or by the rules for or in relation to the furnishing of security, the giving of an undertaking or the imposition of costs.\n\t(6)\tA member of the Tribunal who is not a legally qualified member of the Tribunal may not make an order under this section except with the concurrence of a legally qualified member.\n63—Interlocutory orders\nThe Tribunal has power, in relation to matters within its jurisdiction, to make interlocutory orders.\n64—Conditional, alternative and ancillary orders and directions\n\t(1)\tThe Tribunal may make orders and give directions on conditions the Tribunal considers appropriate.\n\t(2)\tThe Tribunal may make orders in the alternative so that a particular order takes effect, or does not take effect, according to whether stipulated conditions are complied with.\n\t(3)\tThe Tribunal may, when making an ancillary order, provide that a decision of the Tribunal is to be implemented by a person who is not a party to the relevant proceedings.\n65—Special referees\n\t(1)\tThe Tribunal may refer any question arising in any proceedings to a special referee for the special referee—\n\t(a)\tto decide the question; or\n\t(b)\tto give his or her opinion in relation to it.\n\t(2)\tThe Tribunal may adopt a special referee's decision or opinion, in whole or in part, or reject it.\n66—Relief from time limits\n\t(1)\tThe rules may provide for the Tribunal to extend or abridge a time limit for doing anything in connection with any proceedings, or the commencement of any proceedings, even though the limit is imposed under this Act or a relevant Act.\n\t(2)\tThe extension—\n\t(a)\tmay be authorised even though the time for complying has passed; and\n\t(b)\tmay be given on conditions specified by the Tribunal.\n67—Electronic hearings and proceedings without hearings\n\t(1)\tIf the Tribunal thinks it appropriate, it may allow the parties and their representatives and any witnesses (or 1 or more of them) to participate in a hearing in any proceedings by means of telephone, video link, or any other system or method of communication.\n\t(2)\tIf the Tribunal thinks it appropriate, it may conduct all or part of any proceedings entirely on the basis of documents without the parties or their representatives or any witnesses attending or participating in a hearing.\n\t(3)\tIf the Tribunal acts under this section, the Tribunal is to take steps to ensure that the public has access to, or is precluded from access to, matters disclosed in the proceedings to the same extent as if the proceedings had been heard before the Tribunal with the attendance in person of all persons involved in the proceedings.\n68—Completion of part‑heard matters\nA person who ceases to hold office as a member of the Tribunal (other than on account of having his or her appointment revoked or being removed from office) may nevertheless continue to act in the relevant office for the purpose of completing the hearing and determination of proceedings part‑heard by the person when he or she ceased to hold that office.\n69—Other claims of privilege\n\t(1)\tA person is excused from answering a question or producing a document or other material in any proceedings if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court.\n\t(2)\tThe Tribunal may require a person to produce a document or other material to it for the purpose of determining whether or not it is a document or material that the Tribunal has power to compel the person to produce.\n","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"Reviews and appeals","content":"Part 5—Reviews and appeals\nDivision 1—Internal reviews\n70—Internal reviews\n\t(1)\tSubject to this section, an application for a review of a decision of the Tribunal—\n\t(a)\tin the exercise of its original jurisdiction; or\n\t(b)\tas constituted by a registrar or other member of the staff of the Tribunal,\nmay be made under this section.\n\t(1a)\tAn application for review under—\n\t(a)\tsubsection (1)(a) is only by leave of a legally qualified member of the Tribunal; and\n\t(b)\tsubsection (1)(b) is only by leave of a Presidential member of the Tribunal.\n\t(2)\tAn application for review must be instituted within 1 month of the making of the decision to which the application relates but the Tribunal may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the application should be instituted within that period (even if the time for instituting the application has expired).\n\t(3)\tThe President may determine, in relation to a particular matter, or particular class of matters, how the Tribunal will be constituted for the purposes of this section.\n\t(4)\tOn a review, the Tribunal will examine the decision of the Tribunal at first instance on the evidence or material before the Tribunal at that time but the Tribunal may, as it thinks fit, allow further evidence or material to be presented to it.\n\t(5)\tThe Tribunal must, in acting under this section, reach the correct or preferable decision but in so doing must have regard to, and give appropriate weight to, the decision of the Tribunal at first instance.\n\t(6)\tThe Tribunal may, on a review under this section—\n\t(a)\taffirm the decision that is being reviewed; or\n\t(b)\tvary the decision that is being reviewed; or\n\t(c)\tset aside the decision being reviewed and—\n\t(i)\tsubstitute a new decision; or\n\t(ii)\treturn the matter to the Tribunal as constituted at first instance for reconsideration in accordance with any directions or recommendations that the Tribunal acting on review considers appropriate.\n\t(7)\tThe Tribunal may, on a review, make any interim order pending any review, or any reconsideration and determination of the matter, under this section, or any ancillary or consequential order, that the Tribunal considers appropriate.\nDivision 2—Appeals\n71—Appeals\n\t(1)\tSubject to this section and to any provision of a relevant Act as to the review of, or appeal against, a decision of the Tribunal, an appeal lies—\n\t(a)\tin the case of a decision of the Tribunal—\n\t(i)\tconstituted of a Presidential member of the Tribunal; or\n\t(ii)\tconstituted of 2 or 3 members including a Presidential member,\nto the Court of Appeal; or\n\t(b)\tin any other case—to the Supreme Court constituted of a single Judge.\n\t(1a)\tThe Rules of the Supreme Court may provide that a matter that would otherwise go to the Court of Appeal under subsection (1) will instead go to a single judge in the General Division of the Supreme Court, and vice versa.\n\t(2)\tAn appeal under this section is only by leave of the Supreme Court (but this principle may be displaced or modified by the provisions of a relevant Act).\n\t(2a)\tWithout limiting subsection (2), an appeal against a decision of the Tribunal in the exercise of its original jurisdiction, or in a case where the Tribunal is constituted by a registrar or other member of the staff of the Tribunal, may not be instituted under this section unless or until a review of the decision has been conducted under section 70.\n\t(2b)\tHowever—\n\t(a)\tthe operation of subsection (2a) may be—\n\t(i)\tdisplaced by the Rules of the Supreme Court in specified classes of cases; or\n\t(ii)\tdisplaced by regulations under this Act; or\n\t(iii)\tdisplaced or modified by the provisions of a relevant Act; and\n\t(b)\tsubsection (2a) does not apply if the President of the Tribunal determines that a decision (or class of decision) should not be subject to a requirement for review under section 70.\n\t(3)\tAn appeal must be instituted within 1 month of the making of the decision to which the appeal relates but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that period (even if the time for instituting the appeal has expired).\n\t(3a)\tAn appeal under this section will be by way of rehearing.\n\t(3b)\tThe Supreme Court may, in conducting an appeal, draw inferences of fact from evidence or material before the Tribunal and may, as it thinks fit, allow further evidence or material to be presented to it.\n\t(4)\tThe Supreme Court may, on an appeal under this section—\n\t(a)\taffirm the decision appealed against; or\n\t(b)\tvary the decision appealed against; or\n\t(c)\tset aside the decision appealed against and, if it thinks fit, return the matter to the Tribunal for reconsideration in accordance with any directions that the Court considers appropriate.\n\t(5)\tThe Supreme Court may, on an appeal, make any interim, ancillary or consequential order that the Court considers appropriate.\n\t(6)\tThe regulations may prescribe scales of costs that are payable in respect of proceedings before the Supreme Court on an appeal under this section (and if a regulation is made under this section then the costs so prescribed will apply in substitution for any costs under the Supreme Court Act 1935).\nDivision 3—Related matters\n72—Reservation of questions of law\n\t(1)\tA Presidential member of the Tribunal may reserve any question of law arising in any proceedings (including on referral to the Presidential member) for determination by the Court of Appeal.\n\t(2)\tIf a question of law is reserved, the Court of Appeal may determine the question and give any consequential orders or directions considered by the Court to be appropriate to the circumstances of the case.\n73—Effect of review or appeal on decision\n\t(1)\tThe commencement of proceedings under this Part does not affect the operation of a decision to which the proceedings relate or prevent the taking of action to implement such a decision.\n\t(2)\tHowever, the Tribunal or the Supreme Court may make an order staying the operation of a relevant decision (including a decision of a relevant decision‑maker) until the proceedings are finally decided (on such conditions as may be specified in the order).\n\t(3)\tThe Tribunal or the Supreme Court may act under subsection (2) on application or on its own initiative.\n\t(4)\tThe Tribunal's power to act under subsection (2) is exercisable only by a legally qualified member of the Tribunal.\n","sortOrder":19},{"sectionNumber":"Part 6","sectionType":"part","heading":"Staff","content":"Part 6—Staff\nDivision 1—Registrars\n74—Registrars\n\t(1)\tThere is to be a principal registrar of the Tribunal (to be known as the Registrar).\n\t(2)\tThere will be 1 or more other registrars of the Tribunal (to be known as Deputy Registrars).\n\t(3)\tA registrar will be appointed by the Governor on terms and conditions determined by the Governor for a term, not exceeding 5 years, specified in the instrument of appointment (and is, on the expiration of a term of office, eligible for reappointment).\n\t(4)\tThe Governor may remove a person from the office of registrar for—\n\t(5)\tA person ceases to be a registrar if the person—\n\t(d)\tis removed from office under subsection (4).\n\t(6)\tIf there is a vacancy in the office of a registrar or a registrar is absent or for any other reason is unable to perform the duties of the office, the Minister may appoint a person to act in the relevant position.\n\t(7)\tThe Minister must consult with the President of the Tribunal before an appointment is made under this section.\n\t(8)\tThe office of the Registrar or of a Deputy Registrar may be held in conjunction with another office in the public service of the State.\n75—Functions of registrars\n\t(1)\tThe functions of the Registrar are—\n\t(a)\tto assist, or act on behalf of, the President of the Tribunal in the administration of the Tribunal; and\n\t(b)\tto be responsible for the registry and records of the Tribunal; and\n\t(c)\tto undertake responsibility for the day‑to‑day case management of the Tribunal; and\n\t(d)\tto constitute the Tribunal to the extent specified under this Act; and\n\t(e)\tother functions assigned to the Registrar by the President or under the rules of the Tribunal.\n\t(2)\tThe functions of a Deputy Registrar are—\n\t(a)\tto assist the Registrar in the performance of the Registrar's functions; and\n\t(b)\tto constitute the Tribunal to the extent specified under this Act; and\n\t(c)\tother functions assigned to the Deputy Registrar by the Registrar or under the rules of the Tribunal.\n\t(3)\tA registrar is, in the performance of any function or the exercise of any power, subject to the direction of the President of the Tribunal.\n76—Delegation\n\t(1)\tA registrar may delegate a function of the registrar under this Act—\n\t(a)\tto a particular person or committee; or\n\t(b)\tto the person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA delegation under subsection (1)—\n\t(a)\tmust be made by instrument in writing; and\n\t(b)\tmay be conditional; and\n\t(c)\tdoes not derogate from the ability of the registrar to act in any matter; and\n\t(d)\tis revocable at will by the registrar.\nDivision 2—Other staff of Tribunal\n77—Other staff of Tribunal\nThere will be other staff of the Tribunal consisting of persons employed in a public sector agency and selected by the Registrar with the concurrence of the Chief Executive of the Department.\nDivision 3—Use of services or staff\n78—Use of services or staff\nThe Tribunal may, by arrangement with the relevant body, make use of the facilities, staff or equipment of—\n\t(a)\tan administrative unit in the Public Service; or\n\t(b)\tthe State Courts Administration Council; or\n\t(c)\tanother public agency or authority.\n","sortOrder":20},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"Part 7—Miscellaneous\n79—Immunities\n\t(1)\tA member of the Tribunal, mediator, expert or special referee has the same protections, privileges and immunities from liability as a Judge of the Supreme Court.\n\t(2)\tA member of the staff of the Tribunal incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions.\n\t(3)\tA person representing a party to proceedings before the Tribunal has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court.\n\t(4)\tA party to proceedings before the Tribunal has the same protection and immunity as a party to proceedings in the Supreme Court.\n\t(5)\tA person who appears as a witness before the Tribunal or produces books, papers or documents to the Tribunal has the same protection as a witness in proceedings before the Supreme Court.\n\t(6)\tA person taking evidence on behalf of the Tribunal has, in doing so, the same protections, privileges and immunities as a member of the Tribunal.\n80—Protection from liability for torts\n\t(1)\tAn action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act or a relevant Act as a member of the Tribunal or as a member of staff or an officer of the Tribunal.\n\t(2)\tThe Crown is also relieved of any liability that it might otherwise have had for a person having done anything as described in subsection (1).\n\t(3)\tThe protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act or a relevant Act had been enacted.\n\t(4)\tIn this section, a reference to the doing of anything includes a reference to an omission to do anything.\n81—Protection for compliance with Act\n\t(1)\tNo civil or criminal liability attaches to a person for compliance, or purported compliance, in good faith, with a requirement of this Act.\n\t(2)\tIn particular, if a person produced a document or other material as required under this Act, no civil liability attaches to the person for producing the document or material, whether the liability would arise under a contract or otherwise.\n82—Alternative orders and relief\nAlthough a particular form of order or relief is sought by an applicant in proceedings before the Tribunal, the Tribunal may make any other form of order or grant any other form of relief that it considers more appropriate in the circumstances of the case.\n83—Power to cure irregularities\n\t(1)\tWhere in proceedings before the Tribunal or on appeal from the Tribunal to the Supreme Court it appears to the Tribunal or the Court—\n\t(a)\tthat some irregularity has occurred affecting the proceedings or any matter to which the proceedings relate; and\n\t(b)\tthat it would be conducive to the expeditious resolution of the questions of substance at issue between the parties if the powers conferred by this section were exercised,\nthe Tribunal or the Court may cure the irregularity by ordering that, subject to the fulfilment of such conditions as may be stipulated by the Tribunal or the Court, a requirement of this Act, or of any other Act or law, be dispensed with to the extent necessary for the purpose.\n\t(2)\tAn order under this section does not affect the rights or liabilities of persons who are not parties to the proceedings.\n84—Correcting mistakes\n\t(1)\tThe Tribunal may correct a decision it gives or a statement of the reasons it has given for its decision to the extent necessary to rectify—\n\t(a)\ta clerical mistake; or\n\t(b)\tan error arising from an accidental slip or omission; or\n\t(c)\ta material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the decision; or\n\t(d)\ta defect of form.\n\t(2)\tThe correction may be made—\n\t(a)\ton a party's application made in accordance with the rules; or\n\t(b)\ton the Tribunal's own initiative.\n85—Tribunal may review its decision if person was absent\n\t(1)\tIn this section—\nrelevant hearing, in relation to a decision of the Tribunal, means a hearing at which the decision was made or which preceded the making of the decision (including a compulsory conference) but does not include mediation.\n\t(2)\tA person in respect of whom the Tribunal makes a decision may apply to the Tribunal for a review of the decision if the person did not appear and was not represented at a relevant hearing.\n\t(3)\tThe application has to be made within the time limits specified by, and otherwise in accordance with, the rules.\n\t(4)\tThe rules may limit the number of applications that can be made under this section in respect of the same matter without leave of the Tribunal.\n\t(5)\tIf on hearing the application the Tribunal is satisfied that the applicant had a reasonable excuse for not attending or being represented at the relevant hearing, the Tribunal is to review the decision and may revoke or vary it if the Tribunal considers it appropriate to do so.\n\t(6)\tFor the hearing of the application, the Tribunal is to be constituted by the members by whom it was constituted when it made the decision, if that is practicable.\n\t(7)\tA review under this section—\n\t(a)\tis part of the original proceedings; and\n\t(b)\tis not a review of a decision for the purposes of section 34 or 70.\n86—Tribunal may authorise person to take evidence\n\t(1)\tThe Tribunal may authorise, in writing, a person (whether or not a member of the Tribunal) to take evidence on behalf of the Tribunal for the purposes of any proceedings.\n\t(2)\tThe Tribunal's power under subsection (1) to authorise the taking of evidence is exercisable only by a Presidential member.\n\t(3)\tThe Tribunal may authorise evidence to be taken under this section outside South Australia.\n\t(4)\tThe Tribunal may give directions as to the taking of evidence under this section.\n\t(5)\tIf a person other than a member of the Tribunal is authorised to take evidence, the person has all the powers of a member of the Tribunal in relation to the taking of evidence.\n\t(6)\tEvidence taken under this section—\n\t(a)\tis to be regarded as having been given to the Tribunal; and\n\t(b)\tif taken outside South Australia, is to be regarded as having been given in South Australia.\n87—Miscellaneous provisions relating to legal process and service\n\t(1)\tAny process of the Tribunal may be issued, served or executed on a Sunday as well as any other day.\n\t(2)\tThe validity of process is not affected by the fact that the person who issued it dies or ceases to hold office.\n\t(3)\tIf it is not practicable to serve any process, notice or other document relating to any proceedings in the manner otherwise prescribed or contemplated by law, the Tribunal may, by order—\n\t(a)\tprovide for service by post, or in any other way (including by substituted service) authorised by the regulations; or\n\t(b)\tmake any other provision that may be necessary or desirable for service.\n\t(4)\tAny process, notice or other document served in accordance with an order under subsection (3) will, despite any other law, be taken to have been duly served.\n\t(5)\tA registrar is expressly authorised to make an order under subsection (3).\n88—Proof of decisions and orders of Tribunal\nAn apparently genuine document purporting to be a copy of a decision or order of the Tribunal and to be certified as such by a registrar will be accepted in any legal proceedings, in the absence of proof to the contrary, as a true copy of a decision or order of the Tribunal.\n89—Enforcement of decisions and orders of Tribunal\n\t(1)\tIf the Tribunal makes a monetary order, the amount specified in the order may be recovered in the appropriate court, by a person recognised by the regulations for the purposes of this subsection, as if it were a debt.\n\t(2)\tA person who contravenes or fails to comply with an order of the Tribunal (other than a monetary order) is guilty of an offence.\nMaximum penalty: $50 000 or imprisonment for 2 years.\n\t(3)\tIn this section—\nappropriate court means—\n\t(a)\tin relation to an order of the Tribunal that is a monetary order for an amount that does not exceed the amount that represents the jurisdictional limit of the Magistrates Court for a monetary claim founded on contract—the Magistrates Court;\n\t(b)\tin any other case—the District Court.\n89A—Bailiffs\n\t(1)\tThe President may appoint a person to be a bailiff.\n\t(2)\tThe office of bailiff may be held (but may not need to be held) by—\n\t(a)\ta person employed in a public sector agency; or\n\t(b)\ta person appointed under the Courts Administration Act 1993 or the Sheriff's Act 1978.\n\t(3)\tThe regulations may prescribe fees to be paid in respect of any action taken by a bailiff (and provide for the recovery or enforcement of such a fee).\n\t(4)\tA bailiff (and, if relevant, a police officer assisting a bailiff) incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions.\n90—Accessibility of evidence\n\t(1)\tSubject to this section, the Tribunal may, on application by any member of the public, allow the applicant to inspect or obtain a copy of—\n\t(a)\tany process relating to proceedings and forming part of the Tribunal's records;\n\t(b)\ta transcript of evidence taken by the Tribunal in any proceedings;\n\t(c)\tany documentary or other material produced or provided to the Tribunal in any proceedings;\n\t(d)\tany decision or order given or made by the Tribunal;\n\t(e)\tany other material of a prescribed kind.\n\t(2)\tA member of the public may inspect or obtain a copy of the following material only with the permission of the Tribunal:\n\t(a)\tmaterial that was produced or provided to the Tribunal in a hearing (or part of a hearing) held in private;\n\t(b)\tmaterial the disclosure of which would be contrary to a direction or order of the Tribunal given under another provision of this or any other Act;\n\t(d)\tmaterial of a class prescribed by the regulations.\n\t(3)\tThe Tribunal may permit inspection or copying of material referred to in subsection (1) or (2) subject to any condition it considers appropriate, including a condition limiting the publication or use of the material.\n\t(4)\tA decision by the Tribunal on an application under this section is administrative and is final and not subject to any form of review.\n\t(5)\tThe Tribunal may charge a fee, fixed by regulation, for inspection or copying of material under this section.\n91—Costs of proceedings\n\t(1)\tIn this section—\ncosts of proceedings means costs of, or incidental to, any proceedings of the Tribunal, other than the costs of a party.\n\t(2)\tThe Tribunal may order that all or any of the costs of proceedings be paid by a party.\n\t(3)\tIf the matter that is the subject of the proceeding comes within the Tribunal's review jurisdiction, the Tribunal cannot make an order under this section against a party unless—\n\t(a)\tthe party brought or conducted the proceedings frivolously or vexatiously; or\n\t(b)\tthe Tribunal is acting in prescribed circumstances.\n92—Annual report\n\t(1)\tThe President of the Tribunal must on or before 31 October in each year make a report to the Attorney‑General on the administration and operation of the Tribunal during the previous financial year.\n\t(2)\tThe Attorney-General must within 12 sitting days after receiving a report under this section cause copies of the report to be laid before both Houses of Parliament.\n\t(3)\tThe report must include any information prescribed by the regulations.\n93—Additional reports\nThe President of the Tribunal must, at the request of the Attorney‑General, report to the Attorney‑General on any matter relevant to the administration or operation of the Tribunal.\n93A—Disrupting proceedings of Tribunal\n\t(1)\tA person who—\n\t(a)\twilfully interrupts any proceedings of the Tribunal; or\n\t(b)\tuses offensive language or behaves in a disorderly or offensive manner, towards the Tribunal, members of the Tribunal or officers of the Tribunal, or at a place where proceedings of the Tribunal are being conducted,\nis guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 6 months.\n\t(2)\tNothing in this section derogates from the operation of another provision of this Act.\n\t(3)\tIn this section—\noffensive includes threatening, abusive or insulting.\n93B—False or misleading statements\nA person who knowingly makes a false or misleading statement for the purposes of, or in connection with, consideration by the registrar or the Tribunal (including the Tribunal as constituted of a registrar or other member of staff of the Tribunal) as to whether to waive, remit or make such other provision in relation to the payment of fees in respect of proceedings before the Tribunal, is guilty of an offence.\nMaximum penalty: $1 250 or imprisonment for 3 months.\n94—Rules\n\t(1)\tRules of the Tribunal may be made—\n\t(a)\tregulating the business of the Tribunal and the duties of the various members and staff of the Tribunal; and\n\t(b)\tauthorising the registrars and other staff of the Tribunal to exercise powers with respect to proceedings before the Tribunal and providing for the internal review of specified classes of decisions in specified circumstances; and\n\t(c)\tregulating the practice and procedure of the Tribunal; and\n\t(ca)\tproviding for the provision of written statements of reasons for decisions of the Tribunal at first instance for the purposes of an internal review of the decision by the Tribunal under section 70; and\n\t(d)\timposing obligations on persons seeking to commence proceedings before the Tribunal to take any step, including to give a notification to another person or to provide any specified information; and\n\t(e)\tproviding for the service of applications and documents; and\n\t(f)\timposing obligations on parties to proceedings before the Tribunal to disclose to each other the contents of expert reports or other material of relevance to the proceedings before or in connection with the hearing of the proceedings; and\n\t(g)\tregulating the referral of a matter to mediation, the conduct of mediations or the referral of questions for investigation and report by an expert or referee; and\n\t(h)\tregulating the form in which evidence may be taken; and\n\t(i)\trestricting or prohibiting certain classes of persons from appearing as representatives in proceedings before the Tribunal; and\n\t(j)\tproviding for the Tribunal to waive any procedural requirement; and\n\t(k)\tregulating costs and providing for the assessment and settling of costs; and\n\t(l)\tproviding for witness fees; and\n\t(m)\tproviding for other matters relating to the management, conduct or settlement of proceedings before the Tribunal; and\n\t(n)\tdealing with any other matters necessary or expedient for the effective and efficient operation of the Tribunal.\n\t(2)\tThe power to make rules under this section includes the power to make rules in respect of any jurisdiction conferred on the Tribunal by a relevant Act.\n\t(3)\tRules of the Tribunal may be made by the President and a Deputy President of the Tribunal.\n\t(4)\tThe rules take effect from the date of publication in the Gazette or a later date specified in the rules.\n\t(5)\tThe rules must be consistent with the regulations, and with any relevant Act.\n95—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or a relevant Act, or as are necessary or expedient for the purposes of this Act or a relevant Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide information to be included in registers to be kept for the purposes of this Act; and\n\t(b)\tprescribe matters relevant to the practice or procedures of the Tribunal; and\n\t(c)\tprescribe and provide for the payment of fees in relation to proceedings before the Tribunal; and\n\t(d)\tprescribe penalties not exceeding $5 000 for contravention of, or non‑compliance with, any regulation; and\n\t(e)\tmake provisions of a saving or transitional nature consequent on the vesting of jurisdiction on the Tribunal under another Act.\n\t(3)\tThe regulations may provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the President of the Tribunal or another prescribed person.\n\t(4)\tA regulation under subsection (2)(e) may (without limiting that subsection)—\n\t(a)\toperate in addition to any saving or transitional provision enacted under another Act in connection with the vesting of jurisdiction in the Tribunal; and\n\t(b)\toperate so as to modify the operation or effect of another Act insofar as may be expedient in connection with the transfer of jurisdiction to the Tribunal from another entity; and\n\t(c)\ttake effect from the day on which jurisdiction is vested in the Tribunal under another Act (including so as to provide for the retrospective operation of the regulation).\n96—Review\n\t(1)\tThe Minister must appoint 1 or more independent persons to conduct a review under subsection (2) as soon as practicable after the expiry of 2 years from the commencement of Part 3 of this Act.\n\t(2)\tThe review must include an assessment of—\n\t(a)\tthe performance of the Tribunal; and\n\t(b)\twithout limiting paragraph (a), the extent to which the main objectives of the Tribunal have been met over the period to which the review relates; and\n\t(c)\tthe extent to which it would be advantageous to extend the jurisdiction of the Tribunal to matters arising under other Acts identified by the person or persons conducting the review or identified by the Minister for the purposes of the review,\nand may include any other matter specified by the Minister for the purposes of the review.\n\t(3)\tThe results of the review must be incorporated into a report submitted to the Minister.\n\t(4)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n South Australian Civil and Administrative Tribunal Act 2013 \n7.11.2013\n14.11.2013 (Gazette 14.11.2013 p4224) except Pt 2 Div 3 Subdiv 3 & Pt 6 Divs 1 & 2—13.2.2014 (Gazette 13.2.2014 p886) and except ss 9, 12, 18—22, 27 & Pt 6 Div 3—8.5.2014 (Gazette 8.5.2014 p1630) and except ss 5—8, 23—26, Pts 3—5, ss 82—92 & 96—29.3.2015 (Gazette 5.3.2015 p882)\n Statutes Amendment (SACAT) Act 2014\n11.12.2014\nPt 16 (s 202)—15.1.2015 (Gazette 15.1.2015 p309); ss 193—201 & 203—205)—29.3.2015 immediately after the commencement of the remaining provisions of 59/2013 (Gazette 5.3.2015 p883)\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 43 (ss 221 to 224, 226 to 230)—14.12.2017 (Gazette 12.12.2017 p4960); s 225—1.7.2019 (Gazette 14.2.2019 p477)\n Statutes Amendment (SACAT Federal Diversity Jurisdiction) Act 2018\nPt 3 (ss 6 & 7)—12.7.2018\n Statutes Amendment (Attorney-General's Portfolio) Act 2018\n15.11.2018\nPt 4 (s 9)—1.7.2019 immediately after s 225 of 51/2017: s 2(5)\n Statutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 26 (ss 161 to 164)—9.8.2019 (Gazette 8.8.2019 p2948)\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cll 79 to 82)—1.1.2021 (Gazette 10.12.2020 p5638)\n Statutes Amendment (Attorney-General's Portfolio) Act 2020\n1.10.2020\nPt 6 (s 13)—1.4.2021 (Gazette 25.3.2021 p1050)\nSouth Australian Civil and Administrative Tribunal (Miscellaneous) Amendment Act 2025\n27.3.2025\nPt 2 (ss 3 & 4)—28.4.2025; ss 5 to 9—1.6.2025 (Gazette 24.4.2025 p773)\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nlegally qualified member\namended by 15/2025 s 3\ns 4\namended by 5/2018 s 6\nPt 2\n\nPt 2 Div 2\n\ns 8\n\ns 8(1)\ns 8 redesignated as s 8(1) by 26/2014 s 193\ns 8(2)\ninserted by 26/2014 s 193\nPt 2 Div 3\n\nPt 2 Div 3 Subdiv 2\n\ns 10\n\ns 10(1)\namended by 34/2020 s 13(1)\ns 10(1a)\ninserted by 34/2020 s 13(2)\ns 10(2)\namended by 34/2020 s 13(3), (4)\ns 10(3)\nsubstituted by 34/2020 s 13(5)\ns 10(8)\namended by 34/2020 s 13(6)\nPt 2 Div 3 Subdiv 6\n\ns 22\n\ns 22(2)\namended by 14/2019 s 161(1)\ns 22(3)\namended by 14/2019 s 161(2)\ns 22(4)\ndeleted by 14/2019 s 161(3)\ns 22(9)\namended by 14/2019 s 161(4)\ns 22(11)\ndeleted by 14/2019 s 161(5)\ns 22(12)\namended by 14/2019 s 161(6)\nPt 2 Div 4\n\ns 25\n\ns 25(1)\ns 25 amended and redesignated as s 25(1) by 51/2017 s 221(1), (2)\ns 25(2)\ninserted by 51/2017 s 221(2)\ns 26\n\ns 26(2)\namended by 45/2019 Sch 1 cl 79\ns 28\nsubstituted by 15/2025 s 4\nPt 3\n\ns 33\n\ns 33(1)\namended by 26/2014 s 194(1)\ns 33(2)\nsubstituted by 26/2014 s 194(2)\ns 34\n\ns 34(1)\namended by 26/2014 s 195(1)\ns 34(2)\nsubstituted by 26/2014 s 195(2)\ns 34(2a)\ninserted by 26/2014 s 195(2)\n\nsubstituted by 51/2017 s 222\nPt 3A\ninserted by 5/2018 s 7\nheading\namended by 15/2025 s 5\ns 38A\n\ns 38A(1)\n\nfederal diversity jurisdiction\ndeleted by 15/2025 s 6(1)\nfederal jurisdiction\ninserted by 15/2025 s 6(2)\ns 38B\n\nheading\namended by 15/2025 s 7(1)\ns 38B(2)\namended by 15/2025 s 7(2)\ns 38C\n\ns 38C(3)\namended by 15/2025 s 8\ns 38I\n\ns 38I(5)\namended by 15/2025 s 9\nPt 4\n\nPt 4 Div 1\n\ns 39\n\ns 39(1)\namended by 26/2014 s 196\nPt 4 Div 2\n\ns 40\n\ns 40(3)\namended by 14/2019 s 162(1)—(3)\ns 40(4)\namended by 14/2019 s 162(4)\n\n(f) deleted by 14/2019 s 162(5)\nPt 4 Div 3\n\ns 43\n\ns 43(2)\namended by 26/2014 s 197\ns 47\n\ns 47(5)\namended by 51/2017 s 223\nPt 4 Div 4\n\ns 50\n\ns 50(9)\namended by 45/2019 Sch 1 cl 80\nPt 4 Div 5\n\ns 53\n\ns 53(1)\namended by 26/2014 s 198\nPt 4 Div 6\n\ns 56\n\ns 56(3)\ndeleted by 51/2017 s 224\nPt 5\n\nPt 5 Div 1\n\ns 70\n\ns 70(1)\nsubstituted by 26/2014 s 199\ns 70(1a)\ninserted by 26/2014 s 199\n\namended by 51/2017 s 225\n\nsubstituted by 29/2018 s 9\nPt 5 Div 2\n\ns 71\n\ns 71(1)\namended by 45/2019 Sch 1 cl 81(1)\ns 71(1a)\ninserted by 26/2014 s 200(1)\n\namended by 45/2019 Sch 1 cl 81(2)\ns 71(2a) and (2b)\ninserted by 26/2014 s 200(2)\ns 71(3a) and (3b)\ninserted by 26/2014 s 200(3)\ns 71(4)\namended by 26/2014 s 200(4)\nPt 5 Div 3\n\ns 72\n\ns 72(1)\namended by 45/2019 Sch 1 cl 82(1)\ns 72(2)\namended by 45/2019 Sch 1 cl 82(2)\ns 73\n\ns 73(4)\namended by 51/2017 s 226\nPt 6\n\nPt 6 Div 1\n\ns 75\n\ns 75(1)\namended by 51/2017 s 227\nPt 7\n\ns 79\n\ns 79(5)\namended by 26/2014 s 201\ns 85\n\ns 85(1)\n\nrelevant hearing\nsubstituted by 51/2017 s 228\ns 89A\ninserted by 26/2014 s 202\n15.1.2015\ns 90\n\ns 90(1)\namended by 14/2019 s 163(1)\ns 90(2)\namended by 14/2019 s 163(2)\n\n(c) deleted by 14/2019 s 163(3)\ns 92\n\ns 92(3)\ninserted by 26/2014 s 203\ns 93A\ninserted by 26/2014 s 204\ns 93A(1)\nsubstituted by 14/2019 s 164\ns 93B\ninserted by 51/2017 s 229\ns 94\n\ns 94(1)\namended by 51/2017 s 230\ns 95\n\ns 95(2)\namended by 26/2014 s 205(1)\ns 95(4)\ninserted by 26/2014 s 205(2)\nHistorical versions\n15.1.2015\n\n","sortOrder":21}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded and been refined through multiple amendments since enactment. Significant changes include: insertion of Part 3A to deal with federal jurisdiction/transferred proceedings (ss 38A–38I) which alters where certain matters are heard and how they are enforced; amendments to membership, appointment and remuneration provisions for the President and Deputy Presidents (ss 10, 13 and later amendments); expanded procedural and evidentiary powers and penalty provisions (ss 40, 89, 38I); and ongoing delegation of detailed practice to rules and regulations (ss 94–95). These changes move the instrument beyond a simple consolidation of administrative review into a more elaborated, multi‑jurisdictional forum with bespoke transfer and enforcement mechanisms and substantial delegated rule‑making authority (see legislative history entries and Part 3A amendments)."},"complexity_factors":["Lengthy Act spanning preliminary matters, tribunal constitution, jurisdictional rules, procedure, reviews/appeals, staff and miscellaneous provisions (many Parts and Divisions).","Large interpretation/defined‑terms section with specialised definitions (e.g. \"reviewable decision\", \"legally qualified member\", \"original jurisdiction\") (s 3).","Extensive cross‑references to 'relevant Acts' that can alter or displace provisions of this Act (ss 4, 31, 33(4), 34(6)–(7)).","Part 3A (federal jurisdiction/transferred proceedings) adds conditional transfer rules and different procedural regimes (ss 38A–38I).","Multiple appointment and tenure rules for different member categories (President, Deputy Presidents, magistrates, senior/ordinary members, assessors, registrars) with differing conditions, consultation requirements and removal grounds (ss 10–22, 74).","Nested decision‑making rules (who presides, panels of up to 3 members, assessors limitations, referral of questions of law to Presidential members or Court of Appeal) (ss 23–26).","Extensive discretion granted to the President, rules and regulations to set practice, procedures, fees and many operational details (ss 27, 94–95).","Multiple exceptions and procedural limits (internal review, leave requirements, limits on appeals, time bars with discretionary extensions) (ss 70–71, 66).","Numerous enforcement mechanisms with criminal penalties and civil enforcement routed through different courts depending on monetary amounts (ss 38I, 89, 89A).","Delegation and referral powers allowing registrars and staff to exercise or refer jurisdiction in limited circumstances (ss 23(5),(8), 30, 75–76)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a single specialist tribunal called the South Australian Civil and Administrative Tribunal (SACAT) to hear a wide range of civil, disciplinary and administrative matters (s 5, Parts 2–3).  \n- Gives the Tribunal two main kinds of jurisdiction: original jurisdiction (where it decides a matter as first decision‑maker) and review jurisdiction (where it reviews decisions made by government or prescribed bodies) (ss 31–34).  \n- In reviews the Tribunal generally rehears the matter and must reach the \"correct or preferable\" decision while giving appropriate weight to the original decision‑maker (s 34(3)–(5)).  \n- Requires decision‑makers to assist the Tribunal by providing reasons and relevant documents within prescribed times (s 35).  \n- Provides practical powers the Tribunal can use in hearings: compel evidence and documents (summonses), inspect property, obtain expert reports, hold mediation/compulsory conferences, and make interim and final orders (ss 40–42, 50–52, 61, 63).  \n- Enables enforcement of monetary orders through the courts and makes non‑compliance with certain Tribunal orders an offence with specified penalties (ss 89, 38I).  \n- Sets out internal structure and appointment processes: President (a Supreme or District Court judge), Deputy Presidents, magistrates, senior and ordinary members, registrars and assessors, with terms, conditions and removal provisions (ss 9–22, 74–76).  \n- Provides routes for internal review by the Tribunal, and appeals to the Supreme Court or Court of Appeal in prescribed cases (ss 70–71).  \n- Gives broad regulatory and rule‑making powers to the President and Governor to set procedure, fees and other operational details (ss 94–95).  \n\n\nWho it affects\n\n- Individuals and businesses who bring claims, applications or disputes that a relevant Act says may be dealt with by SACAT (ss 31–33).  \n- State and local government agencies and statutory bodies whose administrative decisions may be reviewed by SACAT; those agencies must supply reasons and documents when required (s 35).  \n- Legal practitioners, tribunal members, registrars and other staff involved in Tribunal proceedings (Parts 2 and 6).  \n- Third parties who may be joined or who have an interest in proceedings (s 54).  \n\n\nWhy it matters (claimed purpose and practical tests)\n\n- The Act aims to create a single accessible, quicker, low‑formality forum for many administrative and civil disputes and to improve consistency and transparency in decision‑making (s 8).  \n- Mechanisms that support that aim include: informal procedures (s 39), mediation and compulsory conferences (ss 50–51), and case‑management powers (ss 43–46).  \n\nTest of the claimed benefits against costs, trade‑offs and incentives\n\n- Who pays: the State meets the Tribunal's administration costs; parties normally bear their own legal costs unless the Tribunal orders otherwise (s 57). Fees for applications and document access can be prescribed (s 95(2)(c); s 90(5)).  \n- Compliance costs and incentives: public agencies face a concrete compliance duty to provide reasons and documents (s 35). That raises administrative burdens (record‑keeping, timely production), and creates incentives for agencies to change practices to avoid adverse reviews.  \n- Concentrated benefits vs diffuse costs: appointments, salaries and sitting fees provide concentrated benefits to members and providers of tribunal services; the broader community bears administrative resourcing costs.  \n- Substitution and capture risks: because relevant Acts can vest jurisdiction in SACAT, the consolidation of review functions can shift matters from courts or specialist tribunals to SACAT, altering forum choices (ss 31–33). Where rules and regulations give the President and Governor wide discretion (ss 94–95), there is implementation risk that important procedural settings will be made by delegated instruments rather than primary legislation.  \n- Enforcement and deterrence: the Act creates criminal penalties for failure to comply with non‑monetary orders (s 89(2); s 38I(2) for certain transferred matters), which increases enforceability but also raises stakes for parties.  \n\n\nPractical effects on private actors and public bodies\n\n- Parties: likely to shift some disputes from courts to SACAT because of lower formality, mediation tools and (generally) lower costs (ss 39, 50–52, 57).  \n- Decision‑makers (government bodies): will need to produce written reasons and materials and may be required to attend or respond, raising administrative time and disclosure obligations (s 35).  \n- Lawyers and experts: continued role (representation permitted with leave, s 56) and demand for expert reports (s 42) and potential fee income where mediations or hearings are directed.  \n\n\nImplementation risks and administrative discretion\n\n- A large part of how the Tribunal operates is left to rules and regulations (ss 94–95). That delivers flexibility but concentrates practical control in the President and the Governor’s delegated instruments, creating potential variation over time and across streams (s 27).  \n- The Act cross‑references \"relevant Acts\" that can modify SACAT's operation for particular jurisdictions (ss 4, 31, 33(4), 34(6)–(7)). That makes precise scope partly dependent on many external statutes and subordinate instruments.  \n\n\nShort checklist of key statutory sections to consult for users\n\n- Jurisdiction and review powers: Parts 3 and 3A (ss 31–38I).  \n- Tribunal objectives and procedures: ss 8, 39, 43–46, 50–52.  \n- Powers to compel evidence and inspect: ss 40–41.  \n- Enforcement and penalties: ss 89, 38I.  \n- Appointments and membership: ss 9–22.  \n- Costs and fees: ss 57–58 and ss 94–95 (rules and regulations)."},"kimi_summary":{"_metrics":{"completionTokens":716},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a unified civil and administrative tribunal. While amendments have added procedural refinements (notably Part 3A for federal jurisdiction and various streamlining measures), these are technical implementations rather than scope expansion. The core jurisdiction — original, review, and internal review — has remained stable since 2013."},"complexity_factors":["Multiple overlapping member categories with different appointment processes, terms, and conditions (President, Deputy Presidents, magistrates, senior members, ordinary members, assessors)","Complex constitutional workaround in Part 3A for federal jurisdiction — transfers matters to Magistrates Court with modified procedures","Nested conditional logic for appeals: different appeal paths depending on Tribunal composition, with exceptions and internal review prerequisites","Extensive cross-referencing to 'relevant Acts' which modify the Act's operation — the Tribunal's actual powers depend on other legislation","Detailed procedural rules with multiple exceptions (e.g., costs normally not awarded except in specified circumstances)","Defined terms with layered exceptions (e.g., 'applicant' excludes certain mandatory referrers unless rules provide otherwise)","Legislative history showing multiple amendments (2014, 2017, 2018, 2019, 2020, 2025) indicating evolving complexity"],"plain_english_summary":"This Act establishes the **South Australian Civil and Administrative Tribunal (SACAT)** — a single, unified tribunal that handles a wide range of disputes and reviews in South Australia.\n\n**What SACAT does:**\n- **Reviews government decisions**: If a government agency makes a decision you disagree with (like a planning refusal or a licence denial), you can ask SACAT to review it\n- **Resolves civil disputes**: Handles disagreements between people or organisations\n- **Handles disciplinary matters**: Deals with professional misconduct complaints\n- **Acts as an original decision-maker**: In some cases, SACAT makes the first decision rather than reviewing someone else's\n\n**Key features designed to make justice accessible:**\n- **Informal hearings**: SACAT doesn't follow strict court rules — it can inform itself however it thinks best\n- **Low cost**: Designed to keep costs minimal for ordinary people\n- **Flexible procedures**: Can use mediation, compulsory conferences, and electronic hearings\n- **Statewide access**: Can sit anywhere in South Australia\n- **Self-representation**: You can represent yourself or bring a support person\n\n**Who makes decisions:**\nThe Tribunal has a hierarchy of members — from Presidential members (judges) down through Deputy Presidents, magistrates, senior members, ordinary members, and assessors (specialist experts). Most matters use 1–3 members.\n\n**If you disagree with SACAT:**\n- You can request an **internal review** of most decisions\n- You can **appeal to the Supreme Court** (with permission), though some decisions go to the Court of Appeal\n\n**Special federal jurisdiction rules (Part 3A):**\nIf a matter involves federal law (Constitution issues), it gets transferred to the Magistrates Court instead — this is a technical workaround because state tribunals can't exercise certain federal powers.\n\n**Why it matters:**\nBefore SACAT, South Australia had dozens of separate tribunals. This Act consolidated them into one body, making it easier for people to navigate the system and resolve disputes without expensive court proceedings."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The source provided was a 'Page Not Found' error from the South Australian legislation website, not the actual content of the Act."},"complexity_factors":["No legislative text was actually retrieved — only a website error page was provided","Cannot assess true complexity without access to the Act's provisions","Score of 2 reflects minimal analysable content, not the Act itself (which in practice would likely score 6-7 due to its broad jurisdictional scope and interaction with numerous enabling Acts)"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **South Australian Civil and Administrative Tribunal Act 2013** could not be retrieved. The legislation website returned a **\"Page Not Found\"** error, meaning the specific content of this Act was not accessible for analysis.\n\n### What we do know from public record:\nThe South Australian Civil and Administrative Tribunal Act 2013 established **SACAT** — a single, unified tribunal (a court-like body that resolves disputes without always needing lawyers or formal court proceedings) that handles a wide range of everyday legal disputes in South Australia.\n\n**Who does it affect?**\n- Renters and landlords (residential tenancy disputes)\n- People with disability or mental health matters\n- Guardianship and administration decisions\n- Owners corporations (strata/apartment building disputes)\n- Workers and employers in certain matters\n- Anyone appealing decisions made by government agencies\n\n**Why does it matter?**\nSACAT was designed to be a cheaper, faster, and more accessible alternative to the courts for resolving common disputes. Instead of navigating multiple separate tribunals, South Australians can go to one place.\n\n> ⚠️ **Note:** This summary is based on general public knowledge of the Act, not the retrieved legislative text. The source URL returned a website error. For the authoritative text, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-civil-and-administrative-tribunal-act-2013","history":"/api/acts/south-australian-civil-and-administrative-tribunal-act-2013/history","analysis":"/api/acts/south-australian-civil-and-administrative-tribunal-act-2013/analysis","conflicts":"/api/acts/south-australian-civil-and-administrative-tribunal-act-2013/conflicts","importantCases":"/api/acts/south-australian-civil-and-administrative-tribunal-act-2013/important-cases","documents":"/api/acts/south-australian-civil-and-administrative-tribunal-act-2013/documents"}}