South Australian Civil and Administrative Tribunal Act 2013 (South Australia) — Zoe

South Australia act

South Australian Civil and Administrative Tribunal Act 2013

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South Australia

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What this law does (mechanics)

Establishes the South Australian Civil and Administrative Tribunal (the Tribunal) and sets out its powers, membership, procedures and administration (ss 5–7, Part 2, Parts 3–7).
Gives the Tribunal two main types of jurisdiction: original jurisdiction (deciding matters as an original decision‑maker or resolving disputes) and review jurisdiction (rehearing or reviewing decisions made by government bodies or prescribed persons) (ss 32–34, 33, 34).
Provides for the appointment, roles and terms of the Tribunal's President, Deputy Presidents, magistrates, senior and ordinary members, registrars, assessors and other staff (ss 9–22, 74–77). The Governor, Attorney‑General and Minister have formal roles in appointments and removals (ss 10, 12, 14, 19, 20, 74).
Sets how the Tribunal is constituted for particular matters (no more than 3 members), who presides, and how decisions are reached (ss 23–26).
Establishes procedural rules and powers: hearings with minimum formality; broad evidence powers including summonses, power to require documents, inspections and expert reports; directions, consolidation, compulsory conferences and mediation; representation rules; costs and security for costs; and rules for public or private hearings (Part 4: ss 39–52, 56, 57–62, 67).
Provides review and appeal paths: internal review of Tribunal decisions (s 70) and appeals to the Supreme Court or Court of Appeal in specified cases (s 71), subject to time limits and leave requirements.
Includes enforcement mechanisms for Tribunal orders (monetary orders recoverable as debts; non‑monetary orders carry criminal penalties) and allows appointment of bailiffs (ss 89–89A, Part 3A, s 38I).

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What it does

The South Australian Civil and Administrative Tribunal Act 2013 establishes a central tribunal to review administrative decisions and to handle disciplinary, civil, and other proceedings across a wide range of subject areas. The Act creates the South Australian Civil and Administrative Tribunal (SACAT) as a statutory body with jurisdiction conferred by this Act and any other Act that expressly or impliedly gives it power (s 31(1)). The Tribunal operates throughout the State and may sit at any place within or outside South Australia (s 7(1)). The Act divides the Tribunal's jurisdiction into two primary categories: original jurisdiction and review jurisdiction (s 32(1)). Original jurisdiction arises when a relevant Act gives the Tribunal a matter to deal with that does not involve reviewing a prior decision; in that context the Tribunal may act as the original decision-maker, resolve a dispute between parties, or adopt any other appropriate course of action (s 33(2)). Review jurisdiction arises when a relevant Act expressly or necessarily involves a review of a decision (a "reviewable decision"), and the Tribunal proceeds by way of rehearing to reach the correct or preferable decision while giving appropriate weight to the original decision-maker's determination (s 34(1), (3), (4)). The Act also creates a specific regime for federal jurisdiction proceedings in Part 3A: if an application involves federal jurisdiction and the Tribunal doubts its own competence, it may transfer the proceeding to the Magistrates Court, which then exercises all the jurisdiction the Tribunal would have had (ss 38B, 38C). The Tribunal's main objectives, stated in s 8(1), include promoting independence, natural justice, transparency, accessibility, speedy resolution, minimal costs, straightforward language and procedures, and flexible conduct of business. The President, who is a judge of the Supreme or District Court appointed for a five-year term (s 10(1), (4)), has primary responsibility for administration and management of the Tribunal (s 11(2)). The Act provides for internal review of Tribunal decisions at first instance (s 70) and external appeals to the Supreme Court or the Court of Appeal depending on the constitution of the Tribunal that made the decision (s 71(1)). Enforcement is addressed through monetary orders recoverable as debts in the appropriate court and non-monetary orders backed by criminal penalties of up to $50,000 or two years imprisonment (s 89).

Current sections

Direct links to the current provisions in South Australian Civil and Administrative Tribunal Act 2013.

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

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Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

Main concepts

"Reviewable decision" is a central concept under the Act. Section 34(2) defines it as a decision made by the Crown, an agency or instrumentality of the Crown, a prescribed person or body, or a prescribed decision or class of decision, but excludes decisions or classes excluded by the regulations. The "decision-maker" is the person or body that made the reviewable decision, although the rules may assign a different entity or designate a joint decision-maker (s 34(2a)). "Original jurisdiction" and "review jurisdiction" are the two fundamental jurisdictional categories. Original jurisdiction (s 33) covers matters that do not involve review of a prior decision; the Tribunal may act as the original decision-maker, resolve a dispute, or adopt another appropriate course. Review jurisdiction (s 34) covers matters that expressly or necessarily involve review of a decision; the Tribunal conducts a rehearing, examining the evidence or material before the original decision-maker and considering any further evidence it decides to admit (s 34(5)). "Applicant" is defined broadly in s 3(1) to include any person who applies, brings, requests, or otherwise seeks that a matter be referred to the Tribunal, but excludes a person required by the Act or a relevant Act to refer a matter as sought by another person unless the rules provide otherwise. "Legally qualified member" means a Presidential member, a magistrate who is a member, another member who is a legal practitioner of at least five years standing, or a member with a law degree and at least five years relevant experience who is designated by the President (s 3(1)). "Monetary order" includes orders for payment of money, fines, costs, and compensation for breach of an Act (s 3(1)). Part 3A introduces "federal jurisdiction" (amended from the earlier "federal diversity jurisdiction" by the 2025 amendment) and "transferred proceeding" , a proceeding transferred from the Tribunal to the Magistrates Court because the Tribunal doubts its jurisdiction to determine an application that may involve federal jurisdiction (s 38B). "Streams" are administrative divisions the President may establish to facilitate expeditious conduct of proceedings (s 27). "Relevant Act" means an Act that confers jurisdiction on the Tribunal (s 3(1)), and under s 4, subject to Part 3A, if there is inconsistency between this Act and a relevant Act, the relevant Act prevails. "Internal review" under s 70 is a review of a Tribunal decision made in its original jurisdiction or by a registrar or staff member, available only by leave of a legally qualified member or Presidential member as applicable, and conducted as a rehearing on the evidence before the Tribunal at first instance with possible further evidence.

Who it affects

The Act affects a broad range of persons and entities. Government decision-makers are directly affected: any person or body that makes a reviewable decision under a relevant Act becomes a decision-maker with statutory obligations to assist the Tribunal, including providing reasons and relevant documents within a reasonable period (s 35(1), (2)). The decision-maker is a party to review proceedings (s 53(1)(c)) and may be invited to reconsider the decision (s 38). Applicants who seek review of administrative decisions or bring matters in the Tribunal's original jurisdiction are affected; the term "applicant" covers not only those who apply for review but also those who request or otherwise bring a matter before the Tribunal (s 3(1)). Persons who are the subject of disciplinary proceedings or inquiries are parties (s 53(1)(b)). Parties to disputes that come before the Tribunal in its original jurisdiction are affected, as are persons against whom claims are made (s 53(1)(ca)). The Tribunal may join any person as a party if the person should be bound by or benefit from the decision, their interests are affected, or it is otherwise desirable (s 54(1)). The Attorney-General may intervene on behalf of the State at any time (s 55(1)). Members of the Tribunal , the President, Deputy Presidents, magistrates, senior members, ordinary members, and assessors , are directly affected by provisions governing appointment, term, functions, remuneration, suspension, and removal (ss 9-22). Registrars and other staff are affected by provisions concerning their appointment, functions, and delegation (ss 74-77). Legal practitioners are affected by representation rules: they may appear for parties (s 56(1)(b)), but a practitioner whose practising certificate has been suspended or whose name has been struck off the roll cannot act as a representative (s 56(4)). The public is affected by the general rule that proceedings must be heard in public (s 60(1)), and by the ability to inspect or obtain copies of Tribunal records, transcripts, evidence, and decisions, subject to limitations for private hearings and protected material (s 90). Persons required to give evidence or produce documents under summons are affected and face penalties for non-compliance (s 40). Mediators, experts, and special referees engaged by the Tribunal are given protections and immunities equivalent to those of a Supreme Court judge (s 79(1)). Finally, any person who contravenes a non-monetary order of the Tribunal is guilty of an offence punishable by up to $50,000 or two years imprisonment (s 89(2)).

Key duties and rights

The Act imposes several key duties. The most significant duty on a decision-maker in review proceedings is the obligation under s 35 to use best endeavours to help the Tribunal make its decision, including providing a written statement of reasons and any relevant documents or things in the decision-maker's possession or control within a reasonable period. The decision-maker must identify which documents were taken into account in making the decision (s 35(3)). The Tribunal may require additional documents or further particulars of reasons by written notice (s 35(4), (5)). This duty overrides any other Act prohibiting or restricting disclosure of the information (s 35(7)). Parties have a duty to attend compulsory conferences when required (s 50(1), (2)) and may face adverse consequences for obstruction or non-attendance (s 50(8)(h)). Tribunal members must disclose any pecuniary or other interest that could conflict with proper performance of their functions; if the President directs withdrawal or a party does not consent to the member's participation, the member must not take part (s 29). A party who conducts proceedings in a way that unnecessarily disadvantages another party , for example by failing to comply with orders, seeking adjournments due to that failure, attempting to deceive, or vexatiously conducting proceedings , may face dismissal or striking out (s 49). The decision-maker must provide documents even if another Act prohibits disclosure (s 35(7)). Rights of parties include the right to appear personally, by counsel, or with leave by another representative (s 56(1)). A person appearing may be assisted by a friend unless the Tribunal determines otherwise (s 56(2)). Parties have a right to be heard and to have their submissions received (s 43(1)(d)). The applicant in review proceedings may apply for a stay of the decision under review; the Tribunal or the decision-maker may order a stay if satisfied it is just and reasonable (s 36(2)). Similarly, s 73(2) allows the Tribunal or the Supreme Court to stay a decision pending review or appeal. A party may apply for security for costs or an undertaking from another party (s 62). The Tribunal may make interlocutory orders (s 63) and may extend or abridge time limits even after the time for complying has passed (s 66). A person who did not appear and was not represented at a hearing has a right to apply for review of the resulting decision if they had a reasonable excuse for absence (s 85). The public has a right to inspect and obtain copies of Tribunal records, transcripts, evidence, decisions, and other material, subject to the Tribunal's permission for material from private hearings or material whose disclosure would breach a direction (s 90). However, a decision on such an application is administrative and final, not subject to any form of review (s 90(4)). Parties have protections and immunities equivalent to those in the Supreme Court (s 79(4)). A person who produces documents under the Act is protected from civil liability arising from that production (s 81(2)).

Penalties and enforcement

The Act creates several criminal offences. A person who refuses or fails to make an oath or affirmation when required, refuses or fails without reasonable excuse to produce evidentiary material, refuses or fails without reasonable excuse to appear in response to a summons, refuses or fails without reasonable excuse to give evidence or answer a question, or gives false or misleading evidence to the Tribunal, is guilty of an offence punishable by a maximum penalty of $25,000 or imprisonment for one year (s 40(4)). A person who obstructs a member of the Tribunal or an authorised officer in the exercise of a power of entry or inspection of property is guilty of an offence punishable by a maximum penalty of $10,000 or imprisonment for six months (s 41(3)). A person who wilfully interrupts Tribunal proceedings, uses offensive language, or behaves in a disorderly or offensive manner towards the Tribunal or its members or officers is guilty of an offence punishable by a maximum penalty of $10,000 or imprisonment for six months (s 93A(1)). A person who knowingly makes a false or misleading statement in connection with consideration of a waiver, remission, or other provision relating to fees is guilty of an offence punishable by a maximum penalty of $1,250 or imprisonment for three months (s 93B). A person who contravenes or fails to comply with an order of the Tribunal (other than a monetary order) is guilty of an offence punishable by a maximum penalty of $50,000 or imprisonment for two years (s 89(2)). Monetary orders of the Tribunal may be recovered in the "appropriate court" as if they were a debt: if the amount does not exceed the jurisdictional limit of the Magistrates Court for a monetary claim founded on contract, the appropriate court is the Magistrates Court; otherwise it is the District Court (s 89(3)). A person recognised by the regulations may enforce a monetary order (s 89(1)). The Act also establishes bailiffs appointed by the President who may enforce orders and who, along with any assisting police officer, incur no civil or criminal liability for honest acts or omissions in carrying out official functions (s 89A). The Tribunal may require a party to give security for the payment of costs or an undertaking as to the payment of other monetary amounts; if security or an undertaking is not given, the Tribunal may dismiss the proceedings or make a determination against that party (s 62(1), (4)). The Tribunal may also make orders preserving the subject matter of proceedings or protecting the interests of a party, and may require an undertaking as to costs or damages (s 61(1), (6)). The Tribunal may assess any costs or damages under that section and the assessed amount is recoverable as a debt in a court of competent jurisdiction (s 61(7)). A person who fails to comply with a direction under s 60(2) (concerning private hearings, publication restrictions, or exclusion from proceedings) faces a maximum penalty of $10,000 (s 60(3)). The enforcement of purported orders made by the Tribunal that are invalid because they involved federal jurisdiction is addressed in s 38I: the amount of a purported monetary order may be recovered as a debt, and contravention of a non-monetary purported order is an offence with the same maximum penalty as s 89.

How it interacts with other laws

Section 4 establishes a general rule: subject to Part 3A, if there is an inconsistency between this Act and a relevant Act (an Act which confers jurisdiction on the Tribunal), the relevant Act prevails to the extent of the inconsistency. This means that the specific enabling statute for a particular jurisdiction will override the general procedural and administrative provisions of this Act. However, Part 3A itself prevails over any other provision of this Act or any other Act to the extent of inconsistency (s 38H). Part 3A addresses the interface with federal jurisdiction. If the Tribunal considers that an application may involve federal jurisdiction under sections 75 or 76 of the Commonwealth Constitution, and there is doubt about whether the Tribunal has jurisdiction, the Tribunal may transfer the proceeding to the Magistrates Court (s 38B(2)). The Magistrates Court then exercises all the jurisdiction, powers, and functions the Tribunal would have had if it could exercise federal jurisdiction (s 38C(3)). The practices and procedures of the Tribunal apply in the Magistrates Court for transferred proceedings unless the Court determines otherwise (s 38C(4)). The law applicable to appeals against Magistrates Court decisions applies instead of Part 5 of this Act (s 38D(c)). Section 39(2) preserves legal professional privilege, without prejudice privilege, and public interest immunity; nothing in the Act affects those rules or principles. Section 69 provides that a person is excused from answering a question or producing a document if they could not be compelled to do so in proceedings in the Supreme Court, preserving common law privileges. Section 39(1)(b) expressly provides that the Tribunal is not bound by the rules of evidence and may inform itself as it thinks fit. Section 79 grants members of the Tribunal, mediators, experts, and special referees the same protections, privileges, and immunities as a Judge of the Supreme Court. Representatives, parties, and witnesses have protections equivalent to those in the Supreme Court. Section 80 provides that an action in tort does not lie against a person for anything done in good faith in the performance or purported performance of a function under this Act or a relevant Act; the Crown is also relieved of any liability it might otherwise have had. Section 81 protects a person from civil or criminal liability for good faith compliance with the Act, and specifically protects a person from civil liability for producing a document or material as required under the Act. Section 88 provides that an apparently genuine document purporting to be a certified copy of a Tribunal decision or order is accepted in legal proceedings as a true copy in the absence of proof to the contrary. The rules of the Tribunal (made by the President and a Deputy President under s 94) must be consistent with the regulations and with any relevant Act (s 94(5)). Regulations made by the Governor under s 95 may prescribe fees, matters of practice or procedure, and penalties for non-compliance of up to $5,000, and may include saving or transitional provisions that can operate retrospectively in connection with the vesting of jurisdiction in the Tribunal (s 95(4)(c)).

Amendment history

The Act was originally enacted as the South Australian Civil and Administrative Tribunal Act 2013 (No 59 of 2013) and commenced in stages from November 2013 through to March 2015. The first significant amendments were made by the Statutes Amendment (SACAT) Act 2014 (No 26 of 2014), which redesignated s 8(1) and inserted s 8(2) on the main objectives, substituted provisions on original and review jurisdiction (ss 33, 34), inserted the definition of decision-maker in s 34(2a), amended the principles governing hearings (s 39), amended procedural provisions (s 43), amended party provisions (s 53(1)), substituted s 70 on internal reviews, inserted s 70(1a) on leave requirements, inserted provisions on appeals including s 71(1a) and (2a)-(2b) and (3a)-(3b), amended immunities (s 79(5)), inserted s 89A on bailiffs, inserted s 92(3) on annual reports, inserted s 93A on disrupting proceedings, and inserted s 95(4) on retrospective regulations. The Statutes Amendment (SACAT No 2) Act 2017 (No 51 of 2017) amended ss 25 (decision-making by majority with assessors), 47 (dismissal for want of prosecution), 70(1a) (leave for internal review, later substituted), 73(4) (power to stay pending review), 85(1) (definition of relevant hearing), and 94(1) (rules), and inserted s 93B (false or misleading statements). The Statutes Amendment (SACAT Federal Diversity Jurisdiction) Act 2018 (No 5 of 2018) inserted Part 3A (ss 38A-38I) on 12 July 2018 to address federal jurisdiction, and amended s 4 to make it subject to Part 3A. The Statutes Amendment (Attorney-General's Portfolio) Act 2018 (No 29 of 2018) substituted s 70(1a) on 1 July 2019. The Statutes Amendment (SACAT) Act 2019 (No 14 of 2019) amended ss 22 (assessors), 40 (evidentiary powers), 90 (accessibility of evidence), 93A (disrupting proceedings), and made other changes on 9 August 2019. The Supreme Court (Court of Appeal) Amendment Act 2019 (No 45 of 2019) amended ss 26, 50, 71, and 72 to reflect the Court of Appeal structure effective 1 January 2021. The Statutes Amendment (Attorney-General's Portfolio) Act 2020 (No 34 of 2020) amended s 10 (appointment of President) effective 1 April 2021. The most recent amendment is the South Australian Civil and Administrative Tribunal (Miscellaneous) Amendment Act 2025 (No 15 of 2025): Part 2 amended the definition of "legally qualified member" (s 3(1)) effective 28 April 2025 and substituted s 28 (validity of acts) on the same date; sections 5 to 9, effective 1 June 2025, amend the heading of Part 3A (removing "diversity"), redefine "federal jurisdiction" in s 38A, and amend ss 38B, 38C, and 38I to reflect the broader federal jurisdiction concept.

Litigation history

The Act itself does not contain any reference to specific litigation or reported cases. The text of the Act as provided includes no case citations, no references to judicial interpretations of its provisions, and no schedule listing litigation history. The legislative history table records only amending Acts, not case law. The review mechanism in s 96 required the Minister to appoint independent persons to conduct a review of the Tribunal's performance as soon as practicable after two years from the commencement of Part 3, including an assessment of the main objectives and whether to extend the Tribunal's jurisdiction. That review would have produced a report, but the Act does not incorporate that report or any litigation history. The provisions creating avenues for appeal to the Supreme Court and the Court of Appeal (s 71) and for referral of questions of law to the Court of Appeal (ss 26, 72) provide a framework within which litigation may arise, but the statutory text does not record any such cases. Similarly, the enforcement provisions (s 89) and the mechanism for recovering monetary orders as debts in the Magistrates Court or District Court would generate enforcement proceedings, but again the Act does not document those. The power to cure irregularities (s 83) and correct mistakes (s 84) creates procedural mechanisms that could be invoked in litigation, but no case law is cited. The restriction on commencing fresh proceedings after dismissal or striking out under s 48 or s 49 without leave of a Presidential member may give rise to litigation on the meaning of "same kind" or "same matter", but the Act is silent on any such decisions. The definition of "decision" in s 3(1), which excludes interlocutory directions or orders in prescribed circumstances, could generate interpretive disputes, but no cases are referenced. The exclusion of decisions on public access to evidence from any form of review (s 90(4)) is a notable provision that precludes further litigation on that specific point, but again no cases are cited. Because the provided source contains no litigation history, this section is necessarily limited to describing the litigation-related mechanisms the Act creates rather than documenting actual judicial outcomes.

Gotchas

Several provisions contain traps for the unwary. The general rule that parties bear their own costs (s 57(1)) is easily overlooked by practitioners accustomed to costs following the event in court proceedings. The Tribunal may order costs only after considering the main objectives, fairness, rules, and other relevant matters (s 57(2)). However, in review jurisdiction, s 91(3) restricts costs orders against a party unless the party brought or conducted proceedings frivolously or vexatiously, or the Tribunal is acting in prescribed circumstances. This is a significant limitation. Another trap is that a person cannot act as a representative if they are a legal practitioner whose practising certificate has been suspended, whose name has been struck off the roll, or if acting would be inconsistent with disciplinary proceedings under the Legal Practitioners Act 1981 (s 56(4)). The definition of "decision-maker" in s 34(2a) allows the rules to assign a different person or body or to designate a joint decision-maker. A party may be dealing with the original decision-maker and not realise the rules have substituted a different entity for the purposes of the review. The power of the Tribunal to stay a decision under review (s 36(2)) is available to both the Tribunal and the decision-maker, and an order by the decision-maker can be varied or revoked by either the decision-maker or the Tribunal. The interaction means a party may need to monitor both bodies for any variation. Commencement of review proceedings does not automatically stay the decision (s 36(1)); a separate application is required. The time limit for internal review is one month from the making of the decision, although the Tribunal may dispense with that requirement if just and reasonable (s 70(2)). For appeals to the Supreme Court, the time limit is also one month, and the Supreme Court may likewise dispense with it (s 71(3)). An appeal under s 71 is only by leave of the Supreme Court (s 71(2)), and an appeal against a decision in the original jurisdiction or by a registrar generally cannot be instituted unless an internal review has first been conducted (s 71(2a)), unless the President determines otherwise (s 71(2b)(b)). A party who seeks to enforce an order should carefully distinguish monetary from non-monetary orders: monetary orders are recovered as debts in the appropriate court (s 89(1)), while contravention of a non-monetary order is a criminal offence (s 89(2)). The section also applies to purported orders that are invalid because they involved federal jurisdiction (s 38I). A person who did not appear at a hearing may apply for review under s 85, but must show a reasonable excuse for non-attendance. However, a review under s 85 is not a review under s 34 or s 70 (s 85(7)) and is part of the original proceedings, so appeal rights may be different. The power of the Tribunal to cure irregularities (s 83) is broad but cannot affect the rights or liabilities of non-parties (s 83(2)). The power to correct mistakes (s 84) covers clerical mistakes, accidental slips, material miscalculations, and defects of form, but does not extend to substantive errors of fact or law. The regulations may prescribe scales of costs for appeal proceedings under s 71(6), and those costs apply in substitution for any costs under the Supreme Court Act 1935. The relationship between the Act and a relevant Act under s 4 is one where the relevant Act prevails , a practitioner must always check the specific enabling Act for any modification of the general scheme. Finally, s 90(4) provides that a decision by the Tribunal on public access to evidence is administrative and final and not subject to any form of review. There is no avenue to challenge that decision internally or on appeal.

How to comply

For a decision-maker facing a review, compliance starts immediately upon receipt of an application. Section 35(2) requires the decision-maker to provide a written statement of reasons and any relevant documents or things within a reasonable period and within any time prescribed by regulations. The decision-maker must identify which documents were taken into account in making the decision (s 35(3)). If the Tribunal considers the reasons inadequate, it may require further particulars (s 35(5)). The decision-maker must comply with any such notice within the stated period (s 35(6)). This duty overrides any other Act prohibiting disclosure (s 35(7)). The decision-maker should also consider whether to seek a stay of the decision pending review, or to respond to any stay application (s 36). The decision-maker may also be invited by the Tribunal to reconsider the decision at any stage (s 38) and may affirm, vary, or set aside and substitute a new decision (s 38(2)). The decision-maker must be added as a party to review proceedings (s 53(1)(c)). For a party bringing an application, the first step is to ensure the application is made in the correct form and manner required by the rules. If the matter involves a reviewable decision, the party should consider whether a stay is necessary (s 36(2)). The party should be aware that an internal review under s 70 requires leave: for a decision in original jurisdiction, leave of a legally qualified member; for a decision by a registrar, leave of a Presidential member (s 70(1a)). An appeal to the Supreme Court is only by leave (s 71(2)) and generally cannot be brought unless an internal review under s 70 has been sought first (s 71(2a)). The time limit for both internal review and appeal is one month, though extensions may be granted if just and reasonable (ss 70(2), 71(3)). The party should attend any compulsory conference ordered by the Tribunal (s 50(1)). Failure to attend may result in the Tribunal making an order against the party, including a costs order (s 50(8)(h)). If a settlement is reached, the party should ensure it is not inconsistent with any relevant Act (ss 50(11)(a), 51(10)(a), 52(3)). For a legal practitioner representing a party, the practitioner must ensure they are not prohibited from acting under s 56(4) (i.e., no suspended practising certificate, no striking off, no inconsistency with disciplinary proceedings). The practitioner should note the costs rules: parties generally bear their own costs (s 57(1)), and costs orders in review jurisdiction are restricted to frivolous or vexatious conduct or prescribed circumstances (s 91(3)). A practitioner who acts in a way that results in unnecessary costs may be ordered to compensate the other party personally (s 58(4)). For a person required to give evidence or produce documents under summons, compliance is mandatory; refusal without reasonable excuse is an offence carrying up to $25,000 or one year imprisonment (s 40(4)). Legal professional privilege, without prejudice privilege, and public interest immunity are preserved (s 39(2)). A person may be excused from answering or producing if they could not be compelled in Supreme Court proceedings (s 69). For a person wishing to access Tribunal records, s 90 provides a procedure but decisions on access are final and not reviewable (s 90(4)). For all participants, the Tribunal's objective is to proceed with minimum formality (s 39(1)(a)), but the Tribunal retains strong powers to manage proceedings, including issuing directions, consolidating proceedings, striking out frivolous or vexatious claims, and imposing security for costs (ss 44, 45, 48, 62).