The law creates a single State Administrative Tribunal to hear original and de novo reviews of administrative decisions, with power to affirm, vary, set aside or substitute decisions and enforce orders. It streamlines procedure to be quicker and less formal, imposes duties on decision‑makers to notify and provide reasons, and concentrates operational control in Tribunal leadership. It matters to regulated persons, businesses and public agencies because it reshapes review rights, regulatory risk, administrative costs and how enforcement and appeals operate.
The State Administrative Tribunal Act 2004 establishes the State Administrative Tribunal (SAT) as a merits review body with both review and original jurisdiction (s.8 and Part 3). At its core, the Act creates a mechanism for independent, non-judicial reconsideration of administrative decisions made under enabling Acts, while also conferring power to deal with specified original matters that do not involve reviewing a prior decision (s.15). The SAT's main objectives, set out in s.9, are to resolve questions, complaints or disputes fairly and according to the substantial merits of the case; to act speedily and with as little formality and technicality as practicable while minimising costs; and to make appropriate use of the knowledge and experience of its members.
In review jurisdiction (s.17), which forms the bulk of its work, the SAT conducts a hearing de novo (s.27(1)). It is not limited to the material before the original decision-maker and must produce the correct and preferable decision at the time of its own review (s.27(2)). The Tribunal stands in the shoes of the decision-maker, exercising the same functions and discretions (s.29(1)), and may affirm, vary, set aside and substitute its own decision, or remit the matter with directions (s.29(3)). Government policy published in the Gazette and applied by the decision-maker must be taken into account (s.28), but only to the extent it is within power.
The Act prescribes comprehensive procedural machinery in Part 4. Proceedings are commenced by application (s.42), with the executive officer able to reject non-compliant applications or accept them conditionally (s.44). Parties are defined broadly (s.36), with rights to intervene (s.37), joinder (s.38), and representation (s.39, subject to restrictions on non-lawyers). The Tribunal is not bound by the rules of evidence (s.32(2)), may inform itself as it sees fit, and must ensure all relevant material is disclosed (s.32(7)). Hearings are public unless an order is made under s.61(2) on grounds including national security, prejudice to administration of justice, or protection of confidential information. Compulsory conferences (s.52) and mediation (s.54) are encouraged to promote settlement, with evidence from those processes generally inadmissible later (s.55).
Current sections
Direct links to the current provisions in State Administrative Tribunal Act 2004.
22
Part 1
Preliminary
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
What it means to bring or conduct proceeding vexatiously 6
Enabling Act prevails 7
Crown bound 7
7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 7
Part 2
The State Administrative Tribunal
Part 2 — The State Administrative Tribunal
Tribunal established 8
Tribunal’s jurisdiction 8
Main objectives of Tribunal 8
Tribunal to operate throughout State 8
Who constitutes Tribunal 8
Contemporaneous exercise of Tribunal’s jurisdiction 10
Part 3
Jurisdiction of the Tribunal
Part 3 — Jurisdiction of the Tribunal
Div 1
Preliminary matters
Division 1 — Preliminary matters
Sources of jurisdiction 11
Kinds of jurisdiction 11
Div 2
Original jurisdiction
Division 2 — Original jurisdiction
What comes within original jurisdiction 11
Exercising original jurisdiction 11
Div 3
Review jurisdiction
Division 3 — Review jurisdiction
Subdiv 1
General provisions
Subdivision 1 — General provisions
What comes within review jurisdiction 12
Exercising review jurisdiction 12
Relationship of statutory right of review to judicial review 12
Subdiv 2
Information about reviewable decision
Subdivision 2 — Information about reviewable decision
Notice of decision and right to have it reviewed to be given by decision-maker 14
Statement of reasons for decision, request for etc. 15
Tribunal may order decision‑maker to provide reasons 16
Exceptions to what has to be provided 16
Decision-makers to give Tribunal reasons etc. for decisions being reviewed 16
Subdiv 3
The review
Subdivision 3 — The review
Effect of review proceedings on decision being reviewed 17
After review commenced, decision-maker’s powers restricted 18
Nature of review proceedings 18
Government policy, when Tribunal to consider 19
Tribunal’s powers in review jurisdiction 19
Decision‑maker to assist Tribunal 21
Tribunal may invite decision‑maker to reconsider decision 21
Part 4
Tribunal’s procedures
Part 4 — Tribunal’s procedures
Division 1 — Introduction
Practice and procedure, generally 22
Practice notes 24
Directions for conduct of proceedings 24
Obtaining information from third parties 25
Who are parties to proceedings 25
Intervening in proceeding 26
Joining person as party to proceeding 26
Representation in proceedings 27
Tribunal may appoint representative or guardian 28
Interpreters 28
Division 2 — Preliminary procedures
Commencing proceeding 28
Fee for commencing proceeding 29
Tribunal may reject application or accept it conditionally 29
Who has to be given copy of application 30
Dismissing proceeding on withdrawal or for want of prosecution 31
Frivolous etc. proceedings, dismissal of etc. 32
Proceedings being conducted to cause disadvantage, Tribunal’s powers as to 32
No new application after dismissal etc. under s. 46, 47 or 48 without leave 33
More appropriate forum 33
Consolidating proceedings 34
51A. Splitting proceedings 34
Compulsory conference 34
Failure to attend compulsory conference 35
Mediation 36
Evidence of certain things at compulsory conference or mediation inadmissible later 37
Settling proceedings 37
Division 3 — Proceedings and hearings
Who presides 38
Decision of Tribunal if 2 or more sitting members 38
Questions of law, deciding 38
Electronic hearings and proceedings without hearings 40
Hearings to be public; exceptions 40
Publishing evidence etc. given at proceeding, restrictions as to 41
Notice of hearings 42
Experts etc., Tribunal may appoint to assist 42
Special referees 43
Summoning witnesses 43
Powers relating to witnesses 44
Privilege against self‑incrimination 45
Other claims of privilege 45
Oaths and affirmations 45
Tribunal may authorise person to take evidence 46
Tribunal may inspect etc. documents etc. produced 46
Div 4
Decisions made by Tribunal
Division 4 — Decisions made by Tribunal
Conditional and ancillary orders and directions 46
Decisions, form of 47
To whom copy of written decision has to be given 47
Time limit for reserved decision 47
Reasons for final decision 48
Written reasons may be requested 48
Written decision or reasons using transcript 48
Restricted publication of reasons for decision in some cases 48
Validity of decision not affected by breach of this Division 49
When decision has effect 49
Correcting mistakes 49
Tribunal may review its decision if person was absent 49
Monetary orders, enforcement of 50
Decisions (not monetary orders), enforcement of 51
Div 5
Costs
Division 5 — Costs
Costs of parties and others 51
Costs of proceeding 52
Costs, assessment of if not fixed 53
Div 6
Other procedural provisions
Division 6 — Other procedural provisions
Interim injunctions, granting of 53
Declarations, making and effect of 54
Relief from procedural requirements 55
Minor proceedings, applicant in may elect no hearing etc. 55
Appeals etc. to Supreme Court, documents etc. relating to 57
Div 7
Offences
Division 7 — Offences
Failing to comply with decision 58
Failing to comply with summons 59
Failing to give evidence as required 59
Giving false or misleading information 60
Misbehaviour, obstruction etc. 60
Contempt 60
Div 8
Arrest warrants
Division 8 — Arrest warrants
Powers in this Division exercisable by only judicial member 61
Arrest of person disobeying summons 61
Conditional release of arrested person 62
Review by Supreme Court 62
Part 5
Appeals from Tribunal’s decisions
Part 5 — Appeals from Tribunal’s decisions
Appeal from Tribunal’s decision 64
Effect of appeal on decision appealed against 66
Part 6 — Tribunal’s membership and other provisions
Division 1 — Members of the Tribunal
Subdivision 1 — Kinds of members
Tribunal members 67
Subdivision 2 — President
Appointment of President 67
Term of President’s appointment 67
Vacating office prematurely 68
President’s status as Supreme Court judge 68
Subdivision 3 — Deputy President
Appointment of Deputy President 69
Term of Deputy President’s appointment 69
Vacating office prematurely 69
Deputy President’s status as District Court judge 70
Subdiv 4
Ex officio members
Subdivision 4 — Ex officio members
Magistrates to be ex officio members 70
Subdiv 5
Other members
Subdivision 5 — Other members
Appointment of non‑judicial members 71
Term of non‑judicial member’s appointment 72
Conditions of service of non‑judicial member 72
Non-judicial members engaging in other employment, restrictions on 73
Code of conduct for non-judicial members 74
Suspending non‑judicial member 74
Terminating appointment of non-judicial member, grounds for 75
Investigating suspended non‑judicial member 75
Action on investigator’s report 75
Deciding whether to recommend termination 76
Vacating office of non-judicial member prematurely 76
Division 2 — Acting and supplementary members
Subdivision 1 — Acting President
Appointment of acting President 77
Terminating appointment as acting President prematurely 78
Acting President’s status as Supreme Court judge 78
Deputy President may act as President in some cases 79
Deputy President’s allowance for acting as President 79
Consequences of acting as President 79
Subdivision 2 — Acting Deputy President
Appointment of acting Deputy President 80
Terminating appointment of acting Deputy President prematurely 80
Acting Deputy President’s status as District Court judge 81
Consequences of acting as Deputy President 82
Subdivision 3 — Supplementary judicial members
Supplementary President, appointment of etc. 82
Supplementary President’s status as Supreme Court judge 83
Supplementary Deputy Presidents, appointment of etc. 83
Supplementary Deputy President’s status as District Court judge 84
Division 3 — Other matters about Tribunal members
Fixing the period of appointment 84
142A. Oath of office 84
Training 85
Disclosure of interests 85
Completing matters after member’s appointment expires 86
Part 7
Administration
Part 7 — Administration
Responsibility for administering Act 87
President to advise Minister 87
Executive officer and other staff of Tribunal 87
Delegation by judicial member 88
Annual etc. reports of Tribunal 88
Laying reports before House of Parliament not sitting 89
Part 8
Other matters
Part 8 — Other matters
Seals of Tribunal 91
Judicial notice to be taken of some things 91
Validity of decisions not affected by some things 91
Register of proceedings 92
Publication of Tribunal’s decisions 92
Tribunal members etc. not to disclose etc. certain information 93
Persons given certain information not to disclose it etc. 94
Which disclosures would be contrary to public interest 94
Protected matter, Tribunal’s duties as to 95
Freedom of Information Act 1992, application of 96
Parliamentary privilege not affected 96
Immunity etc. of Tribunal members, parties, witnesses etc. 96
Protection from liability for torts 97
Protection for compliance with this Act 98
Protection from defamation proceedings 98
Statutory transfer of jurisdiction to Tribunal, consequences of 98
Arrangements with Ombudsman 103
Regulations 103
Rules of Tribunal 104
Fees for proceedings etc. in Tribunal 104
Rules Committee 105
Legislative Council inquiry 105
Sch 1
Relevant Acts for section 105
Schedule 1 — Relevant Acts for section 105
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
State Administrative Tribunal Act 2004
Western Australia
State Administrative Tribunal Act 2004
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
What it means to bring or conduct proceeding vexatiously 6
Enabling Act prevails 7
Crown bound 7
7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 7
Part 2 — The State Administrative Tribunal
Tribunal established 8
Tribunal’s jurisdiction 8
Main objectives of Tribunal 8
Tribunal to operate throughout State 8
Who constitutes Tribunal 8
Contemporaneous exercise of Tribunal’s jurisdiction 10
Part 3 — Jurisdiction of the Tribunal
Division 1 — Preliminary matters
Sources of jurisdiction 11
Kinds of jurisdiction 11
Division 2 — Original jurisdiction
What comes within original jurisdiction 11
Exercising original jurisdiction 11
Division 3 — Review jurisdiction
Subdivision 1 — General provisions
What comes within review jurisdiction 12
Exercising review jurisdiction 12
Relationship of statutory right of review to judicial review 12
Subdivision 2 — Information about reviewable decision
Notice of decision and right to have it reviewed to be given by decision-maker 14
Statement of reasons for decision, request for etc. 15
Tribunal may order decision‑maker to provide reasons 16
Exceptions to what has to be provided 16
Decisions must ordinarily be given in writing with reasons for final decisions (ss.74, 77). The Tribunal has wide ancillary powers (s.73), can correct slips (s.83), and may review its own decisions where a party was absent (s.84). Monetary orders are enforced as judgments of a court (s.85); other decisions may be filed in the Supreme Court (s.86). Costs ordinarily lie where they fall (s.87(1)), but the Tribunal may order otherwise, having regard in review matters to whether parties genuinely attempted to assist the original decision-maker (s.87(4)).
Part 5 provides a limited right of appeal on a question of law, requiring leave (s.105(1)-(2)). Appeals lie to the Court of Appeal where a judicial member sat, otherwise to the Supreme Court. The Act binds the Crown (s.6), prevails over inconsistent enabling Acts only to the extent the enabling Act does not override it (s.5), and contains extensive immunities (ss.163-166). Offences for non-compliance with summonses, giving false evidence, contempt and the like are created in Division 7 of Part 4, with arrest warrant powers in Division 8 exercisable only by judicial members (s.101).
Part 6 establishes a tiered membership structure: judicial members (President and Deputy Presidents, who must be Supreme and District Court judges respectively), ex officio magistrates, and non-judicial members appointed for their legal qualifications or specialist expertise (s.117). Detailed rules govern appointment, tenure, conduct, suspension and termination. Administration, reporting, seals, registers and publication of decisions are dealt with in Parts 7 and 8. Section 167 contains machinery for statutory transfers of jurisdiction from former adjudicators, ensuring continuity and appropriate modification of procedures.
In short, the Act provides a complete statutory code for a modern administrative tribunal that prioritises accessibility, merits-based decision-making, and efficient dispute resolution while preserving necessary safeguards for public interest, natural justice (s.32(1)), and judicial oversight.
Who it affects
The SAT Act directly affects three primary groups. First, applicants—defined in s.3(1) to include persons applying for review, referring matters, or otherwise bringing proceedings before the Tribunal. This encompasses individuals, companies, and public sector bodies challenging reviewable decisions (s.17(3)) or seeking original jurisdiction relief. In vocational regulatory matters, the person affected by or subject to the decision is also a party (s.36(3)).
Second, decision-makers, defined in s.3(1) as the person or body that made the reviewable decision. They are mandatory parties in review proceedings (s.36(4)), bear duties to give notice of decisions and review rights (s.20), provide statements of reasons on request or order (ss.21-22, 24), assist the Tribunal to make the correct decision (s.30), and refrain from varying or substituting decisions once review is on foot except in limited circumstances (s.26). Decision-makers must also comply with Tribunal orders, with criminal sanctions for failure (s.95).
Third, Tribunal members themselves, including the President (a Supreme Court judge), Deputy Presidents (District Court judges), magistrates as ex officio members (s.116), and non-judicial senior and ordinary members appointed for legal or specialist expertise (s.117). Their conditions of service, code of conduct, disclosure obligations (s.144), and immunities (s.163) are strictly regulated. Supplementary and acting members (Part 6 Division 2) may be appointed for specific matters.
Broader classes are also impacted. Vocational regulatory bodies listed or prescribed under Schedule 1 and the definition in s.3(1) appear frequently before the Tribunal constituted in a particular three-person panel including a person from the relevant vocation (s.11(4)). The Attorney General and Fair Trading Commissioner have intervention rights (s.37). Third parties may be ordered to produce documents (s.35) or joined (s.38). Witnesses summoned under s.66 are subject to offences for non-attendance or refusal to answer (ss.96-97), though protected by privilege against self-incrimination (s.68) and other privileges (s.69).
The Crown is bound (s.6). Legal practitioners, representatives, and guardians appointed under s.40 are regulated. The public at large benefits from the open hearing principle (s.61) and publication of decisions (s.156), subject to suppression orders. Parliament retains oversight through the Rules Committee (s.172) and a statutory inquiry provision (s.173, though now spent). Finally, the Supreme Court exercises supervisory jurisdiction via appeals (s.105), stays (s.106), enforcement of non-monetary orders (s.86), and contempt referrals (s.100).
Key duties and rights
Decision-makers owe duties under Subdivision 2 of Part 3 Division 3: to notify affected persons of reviewable decisions and review rights (s.20(1)), subject to exceptions for non-adverse or prescribed decisions; to provide written reasons containing findings of fact and reference to evidence (s.21(5)) within 28 days of request; and, once review proceedings commence, to lodge a statement of reasons and all relevant documents with the Tribunal (s.24). They must use best endeavours to assist the Tribunal (s.30) and may be invited to reconsider (s.31).
Applicants have the right to apply for review where conferred by an enabling Act or s.44(3) (s.17), to request reasons, to seek stays (s.25), and to participate fully in a hearing de novo. Parties enjoy rights to representation (subject to s.39 limits), to call and cross-examine witnesses (s.32(6)(c)), to object to protected matter (ss.23, 160), and to request written reasons for decisions (s.78). In minor proceedings (s.93), applicants may elect no legal representation, no hearing, or no appeal.
The Tribunal itself has duties to observe natural justice except where the Act or enabling Act permits departure (s.32(1)), to act according to equity and good conscience (s.32(2)), to ensure parties understand the proceedings (s.32(6)), and to protect protected matter (s.160). It must give effect to Gazette government policy (s.28) and, in review, produce the correct and preferable decision (s.27(2)).
Members have rights to complete part-heard matters after appointment expiry (s.145) and enjoy extensive immunities (s.163). Non-judicial members are subject to a code of conduct (s.121), restrictions on outside employment (s.120), and a rigorous suspension and termination process (ss.122-127). Witnesses have the right to fees (s.66(5)) and privileges (ss.68-69). The public has a right to open hearings (s.61(1)) and to inspect the register of proceedings (s.155), subject to orders and fees.
Rights are balanced by duties: parties must not conduct proceedings vexatiously or to cause disadvantage (ss.47-48), must comply with directions, and face costs consequences for unreasonable conduct (s.87). The Attorney General may certify public interest immunity (s.159(2)), triggering Tribunal duties under s.160.
Penalties and enforcement
Part 4 Division 7 creates strict liability criminal offences. Failure to comply with a non-monetary Tribunal decision attracts a $10,000 penalty (s.95(1)), but only after the Tribunal expressly declares the section applies or after continued non-compliance following service of such an order. Non-compliance with a summons is punishable by a $5,000 fine (s.96). Refusal to give evidence, swear an oath, or answer relevant questions carries a $5,000 penalty (s.97). Giving false or misleading information is $10,000 (s.98). Misbehaviour, obstruction, or contemptuous conduct at a hearing is also $10,000 (s.99).
Contempt may additionally be referred by the President to the Supreme Court (s.100), with double jeopardy protection. Arrest warrants for non-attendance (s.102) may lead to conditional release with reporting and surety conditions (s.103), breach of which is a further $5,000 offence. Monetary orders are enforced by filing a certified copy and affidavit in a court of competent jurisdiction, becoming an order of that court (s.85). Non-monetary decisions are enforced by filing in the Supreme Court with a judicial member's certificate (s.86).
Costs orders under ss.87-88 may compensate for expenses, loss, inconvenience or embarrassment, and may be made against representatives personally. Interim injunctions (s.90) and declarations (s.91) are available, with undertakings as to damages. Failure to comply with Tribunal directions can lead to dismissal, striking out, or determination adverse to the defaulting party (ss.46-48). Vexatious proceedings may be dismissed and future applications barred without judicial member leave (s.49).
How it interacts with other laws
Section 5 provides that enabling Acts prevail over the SAT Act to the extent of inconsistency. Jurisdiction is conferred by enabling Acts (s.13(1)), which may modify the SAT Act's operation in both original and review jurisdictions (ss.16(2), 18(2)). The long title and s.167 contemplate statutory transfers of jurisdiction from former adjudicators, with regulations or rules able to modify both this and other written laws.
The Act expressly interacts with the Vexatious Proceedings Restriction Act 2002 via the definition in s.4. It carves out a statutory right of review that sits alongside but restricts concurrent or subsequent judicial review proceedings (s.19), with nuanced exceptions where proceedings are struck out on procedural grounds or on appropriateness grounds (s.19(4)-(5)). The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies (s.7A). Freedom of information principles are preserved (s.161), while parliamentary privilege is unaffected (s.162).
Protected matter under the Freedom of Information Act 1992 Schedule 1 is excluded from statements of reasons (s.23) and subject to strict non-disclosure rules (ss.159-160). The Public Sector Management Act 1994 informs definitions of public sector employees and chief executive officer (s.3(1)). Costs assessment occurs under the rules (s.89). Enforcement interacts with Supreme Court procedures (ss.85-86, 104, 106). The Act does not limit the SAT's powers under enabling Acts to grant injunctions or declarations (ss.90(9), 91(3)).
Schedule 1 lists numerous vocational Acts (e.g. Health Practitioner Regulation National Law (Western Australia), Legal Profession Uniform Law Application Act 2022, Building Services (Registration) Act 2011) for which broader appeal rights on fact, law or mixed questions are available where a person's vocational capacity is removed (s.105(13)-(14)). Arrangements with the Ombudsman are authorised (s.168).
Recent changes and why
The compilation table records multiple amendments since 2004. The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 inserted s.7A to apply electronic processes rules, reflecting a policy to modernise tribunal operations and reduce paper-based requirements. The Acts Amendment (Justice) Act 2008 made changes to constitution of the Tribunal (s.11), commencement of proceedings (s.42), splitting of proceedings (new s.51A), summons provisions (s.66), and minor procedural matters, aimed at improving efficiency and flexibility.
Amendments in 2022 (No. 9 of 2022) updated definitions, minor proceeding thresholds, and Schedule 1 to reflect new vocational legislation such as the Legal Profession Uniform Law Application Act 2022 and Teacher Registration Act 2012. The Towing Services Act 2024 further expanded Schedule 1. These changes respond to the growth in regulated occupations and the need to align appeal rights under s.105(13) with contemporary regulatory frameworks.
Section 142A and Schedule 2 were added in 2005 to require an oath or affirmation of office, strengthening judicial independence and public confidence. Public sector reform amendments in 2010 adjusted references to align with new public administration legislation. The overall trend of amendments has been to refine procedural efficiency, expand jurisdiction through enabling Acts, and update membership and costs provisions to match evolving administrative justice expectations, all without altering the core merits-review model established in 2004.
Court challenges and controversies
The source text does not record specific decided cases; however, the Act itself anticipates certain points of contention. Section 19's ouster-like provisions restricting simultaneous or sequential judicial review have been carefully drafted with carve-outs to avoid constitutional invalidity, reflecting awareness of the need to preserve Supreme Court supervisory jurisdiction. The distinction between reviewable decisions and non-reviewable policy or preliminary steps has generated litigation in analogous tribunals, though the SAT Act's broad definition of "decision" via s.3(3) (treating failures to decide as decisions where enabling Acts permit) seeks to minimise such disputes.
Controversy surrounds the compulsory constitution requirements in vocational matters (s.11(4)), which balance expertise against impartiality; the exclusion of previous decision-makers (s.11(7)) is designed to avoid apprehended bias. Public interest certificates under s.159 have the potential to create procedural complexity, with the President sitting alone empowered to override them (s.159(4)), subject to appeal. The broad contempt referral power (s.100) and arrest warrant provisions (ss.102-104) raise liberty issues, balanced by Supreme Court review rights (s.104).
Costs principles in s.87(4), requiring regard to whether parties assisted the original decision-maker, have been controversial in practice because they can penalise applicants who succeed on new material unavailable at first instance. The "correct and preferable" test in s.27(2) combined with the de novo hearing has led to debate about the proper weight to be given to the original decision. Immunity provisions (s.163) are drafted widely to mirror Supreme Court judicial immunity, reducing the risk of collateral attacks on members.
Gotchas
Most practitioners miss that the review is a hearing de novo unconstrained by the original grounds or evidence (s.27(3)), yet the Tribunal cannot deal with a matter different in essence from that before the decision-maker (s.29(9)). This subtle limit prevents complete reframing. Another trap is s.26: once review commences, the decision-maker cannot vary or substitute the decision without party consent, invitation under s.31, or enabling Act permission—many agencies inadvertently breach this.
Costs orders are not automatic even for successful applicants; the default is that parties bear their own costs (s.87(1)), and an order against a decision-maker requires regard to the s.87(4) factors. In review jurisdiction, a decision-maker who loses may still avoid adverse costs if it genuinely attempted a merits-based decision. Section 19(3) creates a strict "choose your forum" rule—commencing SAT review bars later judicial review and vice versa, with limited exceptions only where proceedings are dismissed on procedural or appropriateness grounds.
The definition of "protected matter" (s.3(1)) and the Attorney General's certificate power (s.159) can suddenly remove large tranches of material from disclosure; the Tribunal cannot order production of protected matter to a party (s.34(6), s.35(3)). Non-judicial members face strict outside-employment restrictions (s.120), and breach can lead to termination (s.123). Minor proceeding elections under s.93 are irrevocable and can waive appeal rights entirely—applicants must understand this at the first directions hearing.
Enforcement of non-monetary orders requires a judicial member's certificate that the decision is "appropriate" for Supreme Court filing (s.86(2)(c)); without it, the order is toothless. Finally, s.167's transitional machinery for transferred jurisdiction can preserve old procedures and fees, catching practitioners who assume the SAT Act's default rules apply uniformly.
How to comply
Decision-makers must embed s.20 notice requirements into every reviewable decision template, including clear advice of the 28-day request period for reasons (s.21(3)). Upon receipt of a review application, immediately compile and lodge the s.24 bundle; failure risks adverse costs or credibility findings. In proceedings, assign an officer to assist the Tribunal actively (s.30) rather than adopt an adversarial posture. Before varying any decision post-review commencement, obtain written party consent or await a s.31 invitation.
Applicants should particularise applications clearly, attach all relevant material, and consider seeking a stay under s.25 only where the statutory test (interests of affected persons, decision-maker submissions, public interest) is demonstrably met. Requests for reasons should be made promptly and in writing. At directions hearings, consider compulsory conference or mediation (ss.52, 54) and be ready to articulate why settlement is or is not possible.
Representatives must comply with s.39 limits; non-lawyers need Tribunal approval or fall within an exception (e.g. director of a corporate party). All parties must avoid conduct caught by ss.47-48 (frivolous, vexatious, disadvantageous), as legally qualified members can dismiss or strike out summarily. For vocational matters, note the mandatory three-member constitution (s.11(4)) and prepare cross-vocational evidence accordingly.
To protect confidential information, consider applying for s.61(2) or s.62(3) orders early. When producing documents, scrutinise for protected matter and, if necessary, seek President-only consideration under s.159(5). After a decision, diarise the 28-day appeal period (s.105(5)), noting that written reasons requests can extend it. Decision-makers granted leave to appeal must generally indemnify other parties' costs (s.105(12)).
Organisations should maintain internal policies aligning with s.28 government policy requirements and train staff on the duty to assist. Regular liaison with the SAT executive officer on practice notes (s.33) and rules ensures procedural compliance. Where jurisdiction is transferred under s.167, obtain copies of any modifying regulations or rules before the first directions hearing. Compliance is best achieved by treating the SAT as a merits-based, inquisitorial partner rather than an adversarial opponent, while rigorously observing all statutory timelines and disclosure duties.
Decision-makers to give Tribunal reasons etc. for decisions being reviewed 16
Subdivision 3 — The review
Effect of review proceedings on decision being reviewed 17
After review commenced, decision-maker’s powers restricted 18
Nature of review proceedings 18
Government policy, when Tribunal to consider 19
Tribunal’s powers in review jurisdiction 19
Decision‑maker to assist Tribunal 21
Tribunal may invite decision‑maker to reconsider decision 21
Part 4 — Tribunal’s procedures
Division 1 — Introduction
Practice and procedure, generally 22
Practice notes 24
Directions for conduct of proceedings 24
Obtaining information from third parties 25
Who are parties to proceedings 25
Intervening in proceeding 26
Joining person as party to proceeding 26
Representation in proceedings 27
Tribunal may appoint representative or guardian 28
Interpreters 28
Division 2 — Preliminary procedures
Commencing proceeding 28
Fee for commencing proceeding 29
Tribunal may reject application or accept it conditionally 29
Who has to be given copy of application 30
Dismissing proceeding on withdrawal or for want of prosecution 31
Frivolous etc. proceedings, dismissal of etc. 32
Proceedings being conducted to cause disadvantage, Tribunal’s powers as to 32
No new application after dismissal etc. under s. 46, 47 or 48 without leave 33
More appropriate forum 33
Consolidating proceedings 34
51A. Splitting proceedings 34
Compulsory conference 34
Failure to attend compulsory conference 35
Mediation 36
Evidence of certain things at compulsory conference or mediation inadmissible later 37
Settling proceedings 37
Division 3 — Proceedings and hearings
Who presides 38
Decision of Tribunal if 2 or more sitting members 38
Questions of law, deciding 38
Electronic hearings and proceedings without hearings 40
Hearings to be public; exceptions 40
Publishing evidence etc. given at proceeding, restrictions as to 41
Notice of hearings 42
Experts etc., Tribunal may appoint to assist 42
Special referees 43
Summoning witnesses 43
Powers relating to witnesses 44
Privilege against self‑incrimination 45
Other claims of privilege 45
Oaths and affirmations 45
Tribunal may authorise person to take evidence 46
Tribunal may inspect etc. documents etc. produced 46
Division 4 — Decisions made by Tribunal
Conditional and ancillary orders and directions 46
Decisions, form of 47
To whom copy of written decision has to be given 47
Time limit for reserved decision 47
Reasons for final decision 48
Written reasons may be requested 48
Written decision or reasons using transcript 48
Restricted publication of reasons for decision in some cases 48
Validity of decision not affected by breach of this Division 49
When decision has effect 49
Correcting mistakes 49
Tribunal may review its decision if person was absent 49
Monetary orders, enforcement of 50
Decisions (not monetary orders), enforcement of 51
Division 5 — Costs
Costs of parties and others 51
Costs of proceeding 52
Costs, assessment of if not fixed 53
Division 6 — Other procedural provisions
Interim injunctions, granting of 53
Declarations, making and effect of 54
Relief from procedural requirements 55
Minor proceedings, applicant in may elect no hearing etc. 55
Appeals etc. to Supreme Court, documents etc. relating to 57
Division 7 — Offences
Failing to comply with decision 58
Failing to comply with summons 59
Failing to give evidence as required 59
Giving false or misleading information 60
Misbehaviour, obstruction etc. 60
Contempt 60
Division 8 — Arrest warrants
Powers in this Division exercisable by only judicial member 61
Arrest of person disobeying summons 61
Conditional release of arrested person 62
Review by Supreme Court 62
Part 5 — Appeals from Tribunal’s decisions
Appeal from Tribunal’s decision 64
Effect of appeal on decision appealed against 66
Part 6 — Tribunal’s membership and other provisions
Division 1 — Members of the Tribunal
Subdivision 1 — Kinds of members
Tribunal members 67
Subdivision 2 — President
Appointment of President 67
Term of President’s appointment 67
Vacating office prematurely 68
President’s status as Supreme Court judge 68
Subdivision 3 — Deputy President
Appointment of Deputy President 69
Term of Deputy President’s appointment 69
Vacating office prematurely 69
Deputy President’s status as District Court judge 70
Subdivision 4 — Ex officio members
Magistrates to be ex officio members 70
Subdivision 5 — Other members
Appointment of non‑judicial members 71
Term of non‑judicial member’s appointment 72
Conditions of service of non‑judicial member 72
Non-judicial members engaging in other employment, restrictions on 73
Code of conduct for non-judicial members 74
Suspending non‑judicial member 74
Terminating appointment of non-judicial member, grounds for 75
Investigating suspended non‑judicial member 75
Action on investigator’s report 75
Deciding whether to recommend termination 76
Vacating office of non-judicial member prematurely 76
Division 2 — Acting and supplementary members
Subdivision 1 — Acting President
Appointment of acting President 77
Terminating appointment as acting President prematurely 78
Acting President’s status as Supreme Court judge 78
Deputy President may act as President in some cases 79
Deputy President’s allowance for acting as President 79
Consequences of acting as President 79
Subdivision 2 — Acting Deputy President
Appointment of acting Deputy President 80
Terminating appointment of acting Deputy President prematurely 80
Acting Deputy President’s status as District Court judge 81
Consequences of acting as Deputy President 82
Subdivision 3 — Supplementary judicial members
Supplementary President, appointment of etc. 82
Supplementary President’s status as Supreme Court judge 83
Supplementary Deputy Presidents, appointment of etc. 83
Supplementary Deputy President’s status as District Court judge 84
Division 3 — Other matters about Tribunal members
Fixing the period of appointment 84
142A. Oath of office 84
Training 85
Disclosure of interests 85
Completing matters after member’s appointment expires 86
Part 7 — Administration
Responsibility for administering Act 87
President to advise Minister 87
Executive officer and other staff of Tribunal 87
Delegation by judicial member 88
Annual etc. reports of Tribunal 88
Laying reports before House of Parliament not sitting 89
Part 8 — Other matters
Seals of Tribunal 91
Judicial notice to be taken of some things 91
Validity of decisions not affected by some things 91
Register of proceedings 92
Publication of Tribunal’s decisions 92
Tribunal members etc. not to disclose etc. certain information 93
Persons given certain information not to disclose it etc. 94
Which disclosures would be contrary to public interest 94
Protected matter, Tribunal’s duties as to 95
Freedom of Information Act 1992, application of 96
Parliamentary privilege not affected 96
Immunity etc. of Tribunal members, parties, witnesses etc. 96
Protection from liability for torts 97
Protection for compliance with this Act 98
Protection from defamation proceedings 98
Statutory transfer of jurisdiction to Tribunal, consequences of 98
Arrangements with Ombudsman 103
Regulations 103
Rules of Tribunal 104
Fees for proceedings etc. in Tribunal 104
Rules Committee 105
Legislative Council inquiry 105
Schedule 1 — Relevant Acts for section 105
Schedule 2 — Oath and affirmation of office
Notes
Compilation table 108
Uncommenced provisions table 111
Other notes 111
Defined terms
Western Australia
State Administrative Tribunal Act 2004
An Act to establish a tribunal with jurisdiction under this and other Acts to review certain administrative decisions and deal with certain other matters, and for related purposes.
Part 1 — Preliminary
1. Short title
This Act may be cited as the State Administrative Tribunal Act 2004.
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different provisions.
3. Terms used
(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;
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 brought before, the Tribunal;
(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 it does not include a person who is required by an enabling Act or section 44(3) to refer a matter to the Tribunal, or otherwise bring a matter before the Tribunal, as sought by another person;
application means —
(a) in the context of the Tribunal’s review jurisdiction —
(i) an application by an applicant for a review; or
(ii) a referral or other means of bringing a matter before the Tribunal by, or as sought by, an applicant;
(b) in any other context, a referral or other means of bringing a matter before the Tribunal by, or as sought by, an applicant;
chief executive officer means the chief executive officer under the Public Sector Management Act 1994 of the Department;
decision of the Tribunal includes an order, direction, or determination of the Tribunal;
decision‑maker means a person who makes a reviewable decision;
Department means the department principally assisting the Minister in the administration of this Act;
Deputy President means a Deputy President of the Tribunal;
enabling Act means another Act, or a portion of another Act, under which jurisdiction is conferred on the Tribunal and, if relevant, it includes subsidiary legislation under that other Act;
executive officer means the officer made available under section 148(1) to perform the functions under this Act of the executive officer of the Tribunal;
exempt document means a document that contains exempt matter;
exempt matter means matter that is exempt under Schedule 1 to the Freedom of Information Act 1992;
final decision means a decision of the Tribunal that disposes of the matter raised in an application;
hearing includes a compulsory conference or mediation;
judicial member means the President or a Deputy President;
legal experience means —
(a) standing and practice as a legal practitioner; or
(b) judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law jurisdiction; or
(c) a combination of both kinds of legal experience mentioned in paragraphs (a) and (b);
legally qualified member means —
(a) a judicial member; or
(b) a magistrate performing functions as a member of the Tribunal; or
(c) a non‑judicial member who is a lawyer and has had not less than 5 years’ legal experience;
member of staff of the Tribunal refers to the executive officer and other officers of the Department made available under section 148(2);
monetary order means an order of the Tribunal requiring the payment of money, and includes —
(a) an order for the payment of a fine or other pecuniary penalty; and
(b) an order under Part 4 Division 5;
non‑judicial member means a member of the Tribunal who is not the President, a Deputy President or an ex officio member;
ordinary member means a member of the Tribunal who is not the President, a Deputy President, a senior member or an ex officio member;
original jurisdiction of the Tribunal means its jurisdiction other than its review jurisdiction;
party has the meaning given to that term in section 36;
President means the President of the Tribunal;
presiding member means the sitting member of the Tribunal who —
(a) alone constitutes the Tribunal for dealing with the matter concerned; or
(b) presides at a proceeding of the Tribunal for dealing with the matter concerned;
protected matter means —
(a) any information or document to which a certificate under section 159(2) applies, except to the extent that an order of the Tribunal under section 159(4) that its disclosure would not be contrary to the public interest has effect; or
(b) exempt matter or an exempt document;
public sector employee has the meaning given to the term employee in section 3(1) of the Public Sector Management Act 1994;
review jurisdiction of the Tribunal means its jurisdiction described in section 17(1);
reviewable decision has the meaning given to that term in section 17(3);
Rules Committee has the meaning given to that term in section 172;
senior member means a non‑judicial member appointed as a senior member of the Tribunal;
sitting member of the Tribunal means a person who constitutes, or is one of the persons constituting, the Tribunal for dealing with the matter concerned;
Tribunal means the State Administrative Tribunal established by this Act and constituted in accordance with this Act or an enabling Act;
Tribunal member means a person who is appointed, or authorised to perform functions, as a member of the Tribunal under Part 6;
vexatiously, in the context of bringing or conducting a proceeding, has the meaning given in section 4;
vocational regulatory body means a body or person which or who, under an enabling Act prescribed by regulations for the purposes of this definition (a vocational Act), exercises control over a person’s capacity to lawfully pursue a vocation, but does not include the Tribunal;
witness m
This is an opening excerpt, not the complete document.