Part 17Review of certain decisions under Act

Part 17—Review of certain decisions under Act Division 1—Internal review of certain decisions under Act 202—Internal review (1) A prescribed person is entitled to apply for a review (an internal review) under this section of a prescribed decision. (2) An application for an internal review must be made— (a) in a manner and form determined by the Chief Executive; and (b) within 30 days after the day on which notice of the prescribed decision was given to the applicant (or such longer time as the Chief Executive may allow). (3) The Chief Executive may, in the Chief Executive's discretion, use such alternative dispute resolution methods as the Chief Executive considers appropriate in the course of an internal review. (4) An internal review on an application under subsection (1) must be completed within 60 days after the application is made (and, if the internal review is not completed within that period, the decision will be taken to have been affirmed). (5) On completion of an internal review under this section the Chief Executive must affirm, vary, substitute or set aside the prescribed decision under review. (6) The Chief Executive must, within 14 days of making a decision under subsection (5), provide to the applicant notice in writing of the decision and the reasons for the decision. (7) In this section— prescribed decision means— (a) a decision of a kind specified in column 2 of the table in Schedule 1; and (b) any other decision prescribed by the regulations; prescribed person, in respect of a prescribed decision, means a person specified in column 4 of the table in Schedule 1 in relation to a decision of the relevant kind and includes— (a) in the case of any prescribed decision relating to an Aboriginal or Torres Strait Islander child or young person—an Aboriginal or Torres Strait Islander person who is recognised to have a relationship of responsibility for the child or young person; or (b) in any case—a person, or a person of a class, prescribed by the regulations, but does not include a person, or a person of a class, prescribed by the regulations to be excluded from the ambit of this definition. Division 2—Review by SACAT of decisions made under section 202 etc 203—Review by SACAT of decisions made under section 202 etc (1) Subject to this section, SACAT is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of the following decisions (reviewable decisions): (a) a decision of the Chief Executive under section 202(5); (b) any other decision under this Act prescribed by the regulations. (2) However, a decision referred to in subsection (1)(b) will only be taken to be a reviewable decision if an internal review under section 202 has been conducted in respect of the decision. (3) An application for review of a reviewable decision may be made to SACAT by a person aggrieved by the decision. (4) An application must be made within 28 days after the applicant receives notice of the outcome of the internal review under section 202 (or such longer period as SACAT may allow). (5) However, SACAT may only allow an extension of time under subsection (4) if satisfied that— (a) special circumstances exist; and (b) another party will not be unreasonably disadvantaged because of the delay in the making of the application. (6) For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be— (a) a panel of assessors consisting of persons with social work qualifications or at least 7 years experience in the child protection sector; and (b) a panel of assessors consisting of Aboriginal or Torres Strait Islander persons. (7) Subject to this Act, in performing its functions under this Act, SACAT will, unless the President of SACAT determines that SACAT is to be constituted by fewer than 3 members, be constituted of 3 members of whom— (a) in the case of a matter relating to an Aboriginal or Torres Strait Islander child or young person—1 will be selected from the panel of assessors referred to in subsection (6)(b); and (b) in any case—1 will be selected from the panel of assessors referred to in subsection (6)(a). (8) For the purposes of proceedings under this section, SACAT, constituted of the presiding member sitting alone, may— (a) deal with— (i) preliminary, interlocutory or procedural matters; or (ii) questions of costs; or (iii) questions of law; or (b) enter consent orders; or (c) perform any other function of a prescribed kind, and may, for that purpose or as a consequence, make any determination or order (including a final order) that the presiding member considers appropriate. (9) SACAT must direct that the publication of the following information be either prohibited or restricted: (a) the name and address of a witness appearing before SACAT in the proceedings; (b) information which would directly or indirectly identify a child or young person who is the subject of the reviewable decision; (c) evidence given before, or the contents of any document produced to, SACAT in the proceedings. (10) Proceedings under this section must be held in private. 204—Views of child or young person to be heard (1) In any proceedings under this Part, a child or young person to whom the proceedings relate must be given a reasonable opportunity to personally present to SACAT their views related to their ongoing care and protection. (2) However, subsection (1) does not apply if SACAT is satisfied that— (a) the child or young person is not capable of doing so; or (b) to do so would not be in the best interests of the child or young person. (3) Subsection (1) applies whether or not the child or young person is represented by a legal practitioner in the proceedings.