Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the South Australian Civil and Administrative Tribunal Act 2013. 3—Interpretation (1) In this Act, unless the contrary intention appears— appear, at a hearing, means to appear in person or participate in a way allowed under this Act or a relevant Act; applicant means— (a) in the context of the Tribunal's review jurisdiction, the person who— (i) applies to the Tribunal for a review; or (ii) otherwise brings a matter before the Tribunal; or (iii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise be brought before, the Tribunal; and (b) in any other context, the person who— (i) brings a matter before the Tribunal; or (ii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal, except 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; decision, 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; decision‑maker—see section 34(2a); Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; Deputy President means a Deputy President of the Tribunal; District Court means the District Court of South Australia; evidentiary 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; legally qualified member means— (a) a Presidential member; or (b) a magistrate who is a member of the Tribunal; or (c) another member of the Tribunal who is a legal practitioner of at least 5 years standing; or (d) another member of the Tribunal who— (i) — (A) holds a degree, diploma or other qualification in law from a tertiary institution in Australia; or (B) holds 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 (ii) has at least 5 years relevant experience in a law‑related field; and (iii) is designated as a legally qualified member by the President; Magistrates Court means the Magistrates Court of South Australia; monetary order means an order of the Tribunal requiring the payment of money and includes— (a) an order made for the payment of a fine or other pecuniary penalty; and (b) an order as to the payment of any costs; and (c) an order for the payment of compensation for breach of an Act; ordinary member means a person holding office as an ordinary member of the Tribunal; original jurisdiction of the Tribunal—see Part 3 Division 2; President means the President of the Tribunal; Presidential member means the President or a Deputy President of the Tribunal; registrar means the Registrar or a Deputy Registrar of the Tribunal; relevant Act means an Act which confers jurisdiction on the Tribunal; reviewable decision—see section 34(2); review jurisdiction of the Tribunal—see Part 3 Division 3; rules means the rules of the Tribunal in force under this Act; senior member means a person holding office as a senior member of the Tribunal; Tribunal means the South Australian Civil and Administrative Tribunal established by this Act. (2) If under a relevant Act a person's failure or omission to do something is reviewable under this Act as a decision— (a) this Act applies as if that person had made that decision; and (b) any provision of the relevant Act as to when the decision is taken to have been made has effect. (3) The members of the staff of the Tribunal are— (a) the registrars; and (b) the other members of staff appointed or made available for the purposes of the Tribunal under this Act. (4) The officers of the Tribunal are— (a) the registrars; and (b) members of the staff of the Tribunal who are designated as officers of the Tribunal by the Registrar of the Tribunal; and (c) other persons who are designated as officers of the Tribunal under this Act. 4—Relevant Acts prevail Subject 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.