Part 7Miscellaneous

Part 7—Miscellaneous 79—Immunities (1) A 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. (2) A 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. (3) A 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. (4) A party to proceedings before the Tribunal has the same protection and immunity as a party to proceedings in the Supreme Court. (5) A 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. (6) A person taking evidence on behalf of the Tribunal has, in doing so, the same protections, privileges and immunities as a member of the Tribunal. 80—Protection from liability for torts (1) An 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. (2) The Crown is also relieved of any liability that it might otherwise have had for a person having done anything as described in subsection (1). (3) The 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. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 81—Protection for compliance with Act (1) No civil or criminal liability attaches to a person for compliance, or purported compliance, in good faith, with a requirement of this Act. (2) In 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. 82—Alternative orders and relief Although 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. 83—Power to cure irregularities (1) Where in proceedings before the Tribunal or on appeal from the Tribunal to the Supreme Court it appears to the Tribunal or the Court— (a) that some irregularity has occurred affecting the proceedings or any matter to which the proceedings relate; and (b) that 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, the 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. (2) An order under this section does not affect the rights or liabilities of persons who are not parties to the proceedings. 84—Correcting mistakes (1) The 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— (a) a clerical mistake; or (b) an error arising from an accidental slip or omission; or (c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the decision; or (d) a defect of form. (2) The correction may be made— (a) on a party's application made in accordance with the rules; or (b) on the Tribunal's own initiative. 85—Tribunal may review its decision if person was absent (1) In this section— relevant 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. (2) A 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. (3) The application has to be made within the time limits specified by, and otherwise in accordance with, the rules. (4) The 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. (5) If 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. (6) For 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. (7) A review under this section— (a) is part of the original proceedings; and (b) is not a review of a decision for the purposes of section 34 or 70. 86—Tribunal may authorise person to take evidence (1) The 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. (2) The Tribunal's power under subsection (1) to authorise the taking of evidence is exercisable only by a Presidential member. (3) The Tribunal may authorise evidence to be taken under this section outside South Australia. (4) The Tribunal may give directions as to the taking of evidence under this section. (5) If 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. (6) Evidence taken under this section— (a) is to be regarded as having been given to the Tribunal; and (b) if taken outside South Australia, is to be regarded as having been given in South Australia. 87—Miscellaneous provisions relating to legal process and service (1) Any process of the Tribunal may be issued, served or executed on a Sunday as well as any other day. (2) The validity of process is not affected by the fact that the person who issued it dies or ceases to hold office. (3) If 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— (a) provide for service by post, or in any other way (including by substituted service) authorised by the regulations; or (b) make any other provision that may be necessary or desirable for service. (4) Any 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. (5) A registrar is expressly authorised to make an order under subsection (3). 88—Proof of decisions and orders of Tribunal An 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. 89—Enforcement of decisions and orders of Tribunal (1) If 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. (2) A person who contravenes or fails to comply with an order of the Tribunal (other than a monetary order) is guilty of an offence. Maximum penalty: $50 000 or imprisonment for 2 years. (3) In this section— appropriate court means— (a) in 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; (b) in any other case—the District Court. 89A—Bailiffs (1) The President may appoint a person to be a bailiff. (2) The office of bailiff may be held (but may not need to be held) by— (a) a person employed in a public sector agency; or (b) a person appointed under the Courts Administration Act 1993 or the Sheriff's Act 1978. (3) The 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). (4) A 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. 90—Accessibility of evidence (1) Subject to this section, the Tribunal may, on application by any member of the public, allow the applicant to inspect or obtain a copy of— (a) any process relating to proceedings and forming part of the Tribunal's records; (b) a transcript of evidence taken by the Tribunal in any proceedings; (c) any documentary or other material produced or provided to the Tribunal in any proceedings; (d) any decision or order given or made by the Tribunal; (e) any other material of a prescribed kind. (2) A member of the public may inspect or obtain a copy of the following material only with the permission of the Tribunal: (a) material that was produced or provided to the Tribunal in a hearing (or part of a hearing) held in private; (b) material 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; (d) material of a class prescribed by the regulations. (3) The 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. (4) A decision by the Tribunal on an application under this section is administrative and is final and not subject to any form of review. (5) The Tribunal may charge a fee, fixed by regulation, for inspection or copying of material under this section. 91—Costs of proceedings (1) In this section— costs of proceedings means costs of, or incidental to, any proceedings of the Tribunal, other than the costs of a party. (2) The Tribunal may order that all or any of the costs of proceedings be paid by a party. (3) If 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— (a) the party brought or conducted the proceedings frivolously or vexatiously; or (b) the Tribunal is acting in prescribed circumstances. 92—Annual report (1) The 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. (2) The 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. (3) The report must include any information prescribed by the regulations. 93—Additional reports The 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. 93A—Disrupting proceedings of Tribunal (1) A person who— (a) wilfully interrupts any proceedings of the Tribunal; or (b) uses 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, is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 6 months. (2) Nothing in this section derogates from the operation of another provision of this Act. (3) In this section— offensive includes threatening, abusive or insulting. 93B—False or misleading statements A 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. Maximum penalty: $1 250 or imprisonment for 3 months. 94—Rules (1) Rules of the Tribunal may be made— (a) regulating the business of the Tribunal and the duties of the various members and staff of the Tribunal; and (b) authorising 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 (c) regulating the practice and procedure of the Tribunal; and (ca) providing 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 (d) imposing 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 (e) providing for the service of applications and documents; and (f) imposing 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 (g) regulating 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 (h) regulating the form in which evidence may be taken; and (i) restricting or prohibiting certain classes of persons from appearing as representatives in proceedings before the Tribunal; and (j) providing for the Tribunal to waive any procedural requirement; and (k) regulating costs and providing for the assessment and settling of costs; and (l) providing for witness fees; and (m) providing for other matters relating to the management, conduct or settlement of proceedings before the Tribunal; and (n) dealing with any other matters necessary or expedient for the effective and efficient operation of the Tribunal. (2) The 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. (3) Rules of the Tribunal may be made by the President and a Deputy President of the Tribunal. (4) The rules take effect from the date of publication in the Gazette or a later date specified in the rules. (5) The rules must be consistent with the regulations, and with any relevant Act. 95—Regulations (1) The 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. (2) Without limiting the generality of subsection (1), the regulations may— (a) provide information to be included in registers to be kept for the purposes of this Act; and (b) prescribe matters relevant to the practice or procedures of the Tribunal; and (c) prescribe and provide for the payment of fees in relation to proceedings before the Tribunal; and (d) prescribe penalties not exceeding $5 000 for contravention of, or non‑compliance with, any regulation; and (e) make provisions of a saving or transitional nature consequent on the vesting of jurisdiction on the Tribunal under another Act. (3) The 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. (4) A regulation under subsection (2)(e) may (without limiting that subsection)— (a) operate in addition to any saving or transitional provision enacted under another Act in connection with the vesting of jurisdiction in the Tribunal; and (b) operate 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 (c) take 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). 96—Review (1) The 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. (2) The review must include an assessment of— (a) the performance of the Tribunal; and (b) without 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 (c) the 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, and may include any other matter specified by the Minister for the purposes of the review. (3) The results of the review must be incorporated into a report submitted to the Minister. (4) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after receiving the report. Legislative history Notes • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement South Australian Civil and Administrative Tribunal Act 2013 7.11.2013 14.11.2013 (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) Statutes Amendment (SACAT) Act 2014 11.12.2014 Pt 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) Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 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) Statutes Amendment (SACAT Federal Diversity Jurisdiction) Act 2018 Pt 3 (ss 6 & 7)—12.7.2018 Statutes Amendment (Attorney-General's Portfolio) Act 2018 15.11.2018 Pt 4 (s 9)—1.7.2019 immediately after s 225 of 51/2017: s 2(5) Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 26 (ss 161 to 164)—9.8.2019 (Gazette 8.8.2019 p2948) Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cll 79 to 82)—1.1.2021 (Gazette 10.12.2020 p5638) Statutes Amendment (Attorney-General's Portfolio) Act 2020 1.10.2020 Pt 6 (s 13)—1.4.2021 (Gazette 25.3.2021 p1050) South Australian Civil and Administrative Tribunal (Miscellaneous) Amendment Act 2025 27.3.2025 Pt 2 (ss 3 & 4)—28.4.2025; ss 5 to 9—1.6.2025 (Gazette 24.4.2025 p773) Provisions amended New entries appear in bold. Provision How varied Commencement Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 s 3(1) legally qualified member amended by 15/2025 s 3 s 4 amended by 5/2018 s 6 Pt 2 Pt 2 Div 2 s 8 s 8(1) s 8 redesignated as s 8(1) by 26/2014 s 193 s 8(2) inserted by 26/2014 s 193 Pt 2 Div 3 Pt 2 Div 3 Subdiv 2 s 10 s 10(1) amended by 34/2020 s 13(1) s 10(1a) inserted by 34/2020 s 13(2) s 10(2) amended by 34/2020 s 13(3), (4) s 10(3) substituted by 34/2020 s 13(5) s 10(8) amended by 34/2020 s 13(6) Pt 2 Div 3 Subdiv 6 s 22 s 22(2) amended by 14/2019 s 161(1) s 22(3) amended by 14/2019 s 161(2) s 22(4) deleted by 14/2019 s 161(3) s 22(9) amended by 14/2019 s 161(4) s 22(11) deleted by 14/2019 s 161(5) s 22(12) amended by 14/2019 s 161(6) Pt 2 Div 4 s 25 s 25(1) s 25 amended and redesignated as s 25(1) by 51/2017 s 221(1), (2) s 25(2) inserted by 51/2017 s 221(2) s 26 s 26(2) amended by 45/2019 Sch 1 cl 79 s 28 substituted by 15/2025 s 4 Pt 3 s 33 s 33(1) amended by 26/2014 s 194(1) s 33(2) substituted by 26/2014 s 194(2) s 34 s 34(1) amended by 26/2014 s 195(1) s 34(2) substituted by 26/2014 s 195(2) s 34(2a) inserted by 26/2014 s 195(2) substituted by 51/2017 s 222 Pt 3A inserted by 5/2018 s 7 heading amended by 15/2025 s 5 s 38A s 38A(1) federal diversity jurisdiction deleted by 15/2025 s 6(1) federal jurisdiction inserted by 15/2025 s 6(2) s 38B heading amended by 15/2025 s 7(1) s 38B(2) amended by 15/2025 s 7(2) s 38C s 38C(3) amended by 15/2025 s 8 s 38I s 38I(5) amended by 15/2025 s 9 Pt 4 Pt 4 Div 1 s 39 s 39(1) amended by 26/2014 s 196 Pt 4 Div 2 s 40 s 40(3) amended by 14/2019 s 162(1)—(3) s 40(4) amended by 14/2019 s 162(4) (f) deleted by 14/2019 s 162(5) Pt 4 Div 3 s 43 s 43(2) amended by 26/2014 s 197 s 47 s 47(5) amended by 51/2017 s 223 Pt 4 Div 4 s 50 s 50(9) amended by 45/2019 Sch 1 cl 80 Pt 4 Div 5 s 53 s 53(1) amended by 26/2014 s 198 Pt 4 Div 6 s 56 s 56(3) deleted by 51/2017 s 224 Pt 5 Pt 5 Div 1 s 70 s 70(1) substituted by 26/2014 s 199 s 70(1a) inserted by 26/2014 s 199 amended by 51/2017 s 225 substituted by 29/2018 s 9 Pt 5 Div 2 s 71 s 71(1) amended by 45/2019 Sch 1 cl 81(1) s 71(1a) inserted by 26/2014 s 200(1) amended by 45/2019 Sch 1 cl 81(2) s 71(2a) and (2b) inserted by 26/2014 s 200(2) s 71(3a) and (3b) inserted by 26/2014 s 200(3) s 71(4) amended by 26/2014 s 200(4) Pt 5 Div 3 s 72 s 72(1) amended by 45/2019 Sch 1 cl 82(1) s 72(2) amended by 45/2019 Sch 1 cl 82(2) s 73 s 73(4) amended by 51/2017 s 226 Pt 6 Pt 6 Div 1 s 75 s 75(1) amended by 51/2017 s 227 Pt 7 s 79 s 79(5) amended by 26/2014 s 201 s 85 s 85(1) relevant hearing substituted by 51/2017 s 228 s 89A inserted by 26/2014 s 202 15.1.2015 s 90 s 90(1) amended by 14/2019 s 163(1) s 90(2) amended by 14/2019 s 163(2) (c) deleted by 14/2019 s 163(3) s 92 s 92(3) inserted by 26/2014 s 203 s 93A inserted by 26/2014 s 204 s 93A(1) substituted by 14/2019 s 164 s 93B inserted by 51/2017 s 229 s 94 s 94(1) amended by 51/2017 s 230 s 95 s 95(2) amended by 26/2014 s 205(1) s 95(4) inserted by 26/2014 s 205(2) Historical versions 15.1.2015