State Administrative Tribunal Rules 2004 (Western Australia)

These are the State Administrative Tribunal Rules 2004 (the Rules) as compiled. They set out the Tribunal’s procedural framework for filing, serving and managing applications and other documents (Part 2), prescribe particular procedures for hearings, experts, settlement offers and costs, and establish special procedural variations for proceedings under an array of enabling Acts (Part 3). Mechanically, the Rules:

Prescribe how and when documents are filed with the executive officer, including electronic filing through the ECMS, fax and post, the time at which a filing is taken to have occurred, and the circumstances in which original documents must or need not be provided (rules 4, 5, 6A, 4(2)-(3), 6).
Fix time limits and extension powers for review applications (28 days for most reviews, rule 9; power to extend time, rule 10; a seven‑day time for the Act s22(2) requirement, rule 11).
Regulate service and addresses for service , personal service, ordinary service, pre‑paid post, substituted or informal service , and set the legal consequences for the timing of service (rules 31-37, 32(2), 33(6)-(7)).
Require the decision‑maker to supply material ordered by the Tribunal and permit the Tribunal to direct copies be given to parties or others (rule 12).
Create a mechanism for handling protected matter within disclosure bundles, requiring Part A/Part B bundles and sealed Part B filing (rule 13).
Set rules for experts (duties to be independent and to assist the Tribunal, rule 39A), pre‑hearing expert conferences and joint statements (rule 39B), and concurrent evidence in the witness box (rule 39C).
Deal with settlement offers and their effect on costs (rules 40-41; rule 42 applies the circumstances in which the Tribunal must take a refused offer into account when awarding costs).

CrestWestern Australia

State Administrative Tribunal Act 2004

State Administrative Tribunal Rules 2004

Western Australia

State Administrative Tribunal Rules 2004

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

Part 2 — General

Division 1 — Applications

Filing applications and other documents 4
Filing applications by electronic means 5
Applications must be legible 5

6A. When application or other document is taken to be filed 5

Acceptance of applications 6
Oral applications 7
Time limit for applications: review jurisdiction 7
Extension of time limit 7
Time specified for the purposes of section 22(2) of Act 8
Provision of documents and materials by decision maker: section 24 of Act 8
Protected matter 8

Division 2 — Proceedings and hearings

Filing of other applications 10

15A. Changing contact details given in application 10

15B. Changing name of party given in application 11

Amendment of grounds or reasons for application 11
Notice of compulsory conference 11
Notice of mediation 11
Notice of hearing 12
Authentication of decision: section 74 of Act 12
Time limit for purposes of section 84(3) of Act 12
Limit on applications: section 84(4) of Act 12
Relief from procedural requirements: section 92(1) of Act 13
Request for and return of summons to witness and production of documents and other material by third parties 13

24A. Issue of summons 14

Service of summons 14

Division 3 — Service

Giving copy of application 15
Exemption: section 45(2)(c) of Act 15
Giving other documents 16
Giving documents by Tribunal or executive officer 16
Giving application to decision‑maker 16
Personal service: how effected 17
Pre‑paid post: how effected 18
Ordinary service: how effected 19
Address for service 20
Acceptance by legal practitioner or agent 22
Substituted service 22
Informal service: confirmation 23
Proof of service 23

Division 4 — Litigation guardian

Litigation guardian: section 40(2) of Act 23

Division 4A — Expert evidence

39A. Experts’ duties 25

39B. Conference of experts pre-hearing 25

39C. Experts to give evidence concurrently 26

Division 5 — Settlements

Settlement offers 26
Acceptance of settlement offers 27

Division 6 — Costs

42A. Time within which costs application may be made 28

Order for costs if settlement offer is rejected 28
Amount of costs 29

Division 7 — Miscellaneous

Barring people from being agents representing parties 29
Dispensing with compliance with requirement of a rule 30
Forms 30

Part 3 — Special rules

Animal Welfare Act 2002 31

48A. Community Titles Act 2018 31

Credit (Administration) Act 1984 31
Employment Agents Act 1976 31
Equal Opportunity Act 1984 32
Firearms Act 2024 32
Fish Resources Management Act 1994 33
Guardianship and Administration Act 1990 33
Medical Act 1894 33
Mental Health Act 1996 34
Pawnbrokers and Second‑hand Dealers Act 1994 35
Public Order in Streets Act 1984 35
Retirement Villages Act 1992 36
Rights in Water and Irrigation Act 1914 37
Security and Related Activities (Control) Act 1996 38
Strata Titles Act 1985 39
Planning and Development Act 2005 39
Taxation Administration Act 2003 40

Notes

Compilation table 41

Other notes 43

Defined terms

Western Australia

State Administrative Tribunal Act 2004

State Administrative Tribunal Rules 2004

Part 1 — Preliminary

1. Citation

These are the State Administrative Tribunal Rules 2004.

2. Commencement

These rules come into operation on 1 January 2005.

3. Terms used

In these rules, unless the contrary intention appears —

Act means the State Administrative Tribunal Act 2004;

address for service in the proceedings means —

(a) an address given in an application or a notice of representation, as changed from time to time in accordance with these rules;

(b) in the case of a public sector body, if a number or address is recorded for it in the register under rule 34(5), that number or address;

approved form means a form approved under rule 47(1);

business day means a day other than —

(a) a Saturday or Sunday; or

(b) a day that is a public holiday in the place to which the document is sent or delivered or at which it is given;

Corporations Act means the Corporations Act 2001 of the Commonwealth;

direction means a direction given under the Act section 34;

document means anything in writing;

ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;

guardian ad litem means a guardian ad litem appointed under the Legal Representation of Infants Act 1977 section 5(1);

notice of representation means a notice of representation filed under rule 34(6) or (8);

notifiable person has the meaning given to that term in the Act section 45(2);

ordinary service means service effected under rule 33;

personal service means service effected under rule 31 or 56(3), (4) or (5);

practice note means a practice note issued under the Act section 33;

pre‑paid post means service effected under rule 32;

public sector body means —

(a) a chief employee, chief executive officer, executive officer, or public sector body as defined in the Public Sector Management Act 1994 section 3(1); or

(b) a local government; or

(d) a vocational regulatory body;

referring person means a person referred to in the exception to the definition of applicant in the Act section 3(1).

[Rule 3 amended: Gazette 13 Apr 2007 p. 1682; 9 Jul 2010 p. 3241; 24 Apr 2018 p. 1351; SL 2022/219 r. 4.]

Part 2 — General

Division 1 — Applications

4. Filing applications and other documents

(1) Subject to these rules, a person may file an application or a document with the executive officer by —

(a) presenting it at an office of the Tribunal when the office is open for business; or

(b) sending it to the executive officer by pre‑paid post; or

[(d) deleted]

(e) filing it by using the ECMS.

(2) An application must be accompanied by any documents required to accompany the application under the Act, the enabling Act, these rules, a practice note or the approved application form.

(3) Subject to a practice note or direction, if an application or a document is required to or may be filed, it is not necessary to file the original of the application or document.

(4) A document must be filed —

(a) in such manner as is specified in a practice note, if any; or

(b) whether or not such a practice note has been issued, in accordance with any direction.

[Rule 4 inserted: Gazette 6 Feb 2015 p. 567‑8; amended: Gazette 24 Apr 2018 p. 1351; SL 2022/219 r. 5 and 15.]

5. Filing applications by electronic means

(1) An application or other document sent to the executive officer by fax transmission must —

(a) be sent to a fax number specified for that purpose in a practice note; and

(b) to the extent practicable, be in a form that complies with an approved form.

(2) A person who files an application or other document by fax transmission or by using the ECMS must —

(a) keep a copy of it; and

(b) produce a copy of it as ordered by the Tribunal.

[Rule 5 inserted: Gazette 6 Feb 2015 p. 568; amended: Gazette 24 Apr 2018 p. 1352; SL 2022/219 r. 6 and 15.]

6. Applications must be legible

An application and any document accompanying it must —

(a) be legible; and

(b) if filed by using the ECMS, capable of being printed with the content and in the form in which it was created.

[Rule 6 inserted: Gazette 6 Feb 2015 p. 568; amended: Gazette 24 Apr 2018 p. 1352; SL 2022/219 r. 7 and 15.]

6A. When application or other document is taken to be filed

An application or other document (the document) is taken to have been filed —

(a) if the document is filed by using the ECMS — on the day and at the time recorded by the ECMS; or

(b) if the document is filed otherwise than by using the ECMS and —

(i) the whole document is received before 4.30 pm on a day when the office of the Tribunal is open for business — on that day; or

(ii) the whole document is not received before 4.30 pm on a day when the office of the Tribunal is open for business — on the next day when the office of the Tribunal is open for business.

[Rule 6A inserted: Gazette 24 Apr 2018 p. 1352; amended: SL 2022/219 r. 15.]

[7A. Deleted: Gazette 24 Apr 2018 p. 1352.]

7. Acceptance of applications

(1) For the purposes of section 42(3) of the Act, an application is taken to have been accepted by the executive officer when —

(a) the application is filed in accordance with rule 4 or, in the case of an oral application, recorded in the ECMS in accordance with rule 8(2); and

(b) the executive officer is satisfied that the prescribed fee has been paid.

[(2) deleted]

(3) If an application is not accepted, the executive officer is to notify the sender of the application by using any of the sender’s contact details provided in the application.

[Rule 7 inserted: Gazette 6 Feb 2015 p. 569; amended: SL 2022/219 r. 8.]

8. Oral applications

(1) In this rule —

oral application means an application that under an enabling Act may be made —

(a) orally; or

(b) partly in writing and partly orally.

(2) If an oral application is made, the executive officer must —

(a) complete an approved application form in relation to the application; and

(b) record it in the ECMS as if it had been filed under rule 4(1)(e).

[(3), (4) deleted]

[Rule 8 amended: Gazette 6 Feb 2015 p. 569; SL 2022/219 r. 9.]

9. Time limit for applications: review jurisdiction

Subject to these rules, an application to the Tribunal under its review jurisdiction must be made within 28 days of —

(a) the day on which the decision‑maker gives a notice under the Act section 20(1); or

(b) the day on which the decision‑maker makes the decision under the Act section 20(5); or

(c) if, under the Act section 3(3)(a), the Act applies as if a person had made a decision, the day on which any provision of the enabling Act as to when the decision is taken to have been made has effect.

10. Extension of time limit

(1) The Tribunal, on application by any applicant, referring person or on its own initiative, may extend any time fixed under the Act, an enabling Act or these rules for the commencement of a proceeding.

(2) Under this rule, the Tribunal may extend time even if the time fixed expired before an application for an extension was made or the Tribunal on its own initiative considered extending the time.

11. Time specified for the purposes of section 22(2) of Act

For the purposes of the Act section 22(2) the time specified is 7 days after the day on which the application is accepted by the executive officer.

12. Provision of documents and materials by decision maker: section 24 of Act

(1) In this rule —

material means a statement, document and other material referred to in the Act section 24.

(2) The decision‑maker must provide the material to the Tribunal in accordance with, and within the period specified in, any order made by the Tribunal.

(3) The Tribunal may order a decision‑maker to provide a copy of the material to any other party or to a person who has been granted leave by the Tribunal to make submissions in the proceedings.

(4) The Tribunal may order a decision‑maker to provide it with additional copies of the material.

[Rule 12 amended: Gazette 14 Oct 2005 p. 4569.]

13. Protected matter

(1) If a party considers that any document comprises or contains protected matter and would, in accordance with an order of the Tribunal, be required to be included in that party’s bundle of documents to be filed with the Tribunal and given to another party, the party must file with the Tribunal and give to the other party, within the period specified in the order for the filing of and giving the party’s bundle of documents, a list of documents which —

(a) indicates which document or documents comprise or contain protected matter; and

(b) sufficiently identifies any document that comprises or contains protected matter without disclosing the protected matter; and

(2) If subrule (1) applies, a party’s bundle of documents must be divided into 2 parts, Part A and Part B.

(2a) If a document contains protected matter and non‑protected matter, the protected matter must be excised from the document before it is included in Part A.

(2b) Subject to subrule (2a), Part A must —

(a) include all documents in the party’s bundle excluding protected matter; and

(b) be filed with the Tribunal and given to the other party within the period specified in the order for the filing of and giving the party’s bundle of documents.

(2c) Part B must —

(a) include all documents in the party’s bundle which the party considers comprise or contain protected matter; and

(b) be clearly marked as containing protected matter and must be placed into a sealed envelope clearly marked as containing protected matter; and

(c) be filed with the Tribunal within the period specified in the order for the filing of the party’s bundle of documents but must not be given to any other party.

(3) Any application under section 159 or section 160 of the Act must be made to the President in writing within 14 days of the receipt of the list of documents which identifies the document the subject of the application.

[Rule 13 inserted: Gazette 14 Oct 2005 p. 4569‑70; amended: Gazette 13 Apr 2006 p. 1557; 13 Apr 2007 p. 1683.]

Division 2 — Proceedings and hearings

14. Filing of other applications

Rules 4 to 7 apply to the filing of —

(a) an application under these rules other than an application as defined in the Act section 3(1) (interim application); and

(b) an election or request under these rules,

as if a reference in those rules to an application were a reference to an interim application, election or request.

[Rule 14 amended: Gazette 14 Oct 2005 p. 4570; 6 Feb 2015 p. 569.]

15A. Changing contact details given in application

(1) An applicant or referring person may change the contact details given to the Tribunal in an application or subsequent notice by filing a notice with the executive officer showing the new contact details.

(2) An applicant or referring person who files a notice under subrule (1) must, on the date of filing, give a copy of it to a notifiable person.

(3) A change of contact details under this rule is not effective as between the person who is required to give the notice of the change and another person until the notice is filed with the executive officer and given to that person.

[Rule 15A inserted: Gazette 6 Feb 2015 p. 569‑70.]

15B. Changing name of party given in application

(1) A person who has made an application to the Tribunal may make a written request for the leave of the Tribunal to change the name of a party specified in the application.

(2) The Tribunal may, at any time before making a final decision, grant the request referred to in subrule (1).

(3) A person who makes a request under subrule (1) must, on the date of filing, give a copy of it to a notifiable person.

[Rule 15B inserted: Gazette 6 Feb 2015 p. 570.]

15. Amendment of grounds or reasons for application

(1) A person who has made an application to the Tribunal may make a written request for the leave of the Tribunal to amend the grounds or reasons specified in the application.

(2) The Tribunal may, at any time before making a final decision, grant the request referred to in subrule (1).

(3) A person who makes a request under subrule (1) must, on the date of filing, give a copy of it to a notifiable person.

[Rule 15 inserted: Gazette 6 Feb 2015 p. 570.]

16. Notice of compulsory conference

The executive officer is to give notice of a compulsory conference in writing and in accordance with any other requirements of these rules.

17. Notice of mediation

The executive officer is to give notice of a mediation in writing and in accordance with any other requirements of these rules.

18. Notice of hearing

The executive officer is to give notice of the time and place for a hearing in a proceeding to the applicant and any notifiable person involved in the proceeding either —

(a) by endorsing the time and place on the copy of the application form to be given to the person; or

(b) by a written notice given to the person.

19. Authentication of decision: section 74 of Act

For the purposes of the Act section 74, a decision of the Tribunal is authenticated by —

(a) being signed by a member of the Tribunal or the executive officer and having the seal of the Tribunal affixed to it; or

(b) being recorded in the ECMS and being confirmed by an entry into the ECMS made by a member of the Tribunal or by the executive officer.

[Rule 19 amended: SL 2022/219 r. 10.]

20. Time limit for purposes of section 84(3) of Act

The time limit specified for the purposes of the Act section 84(3) is —

(a) in the case of a decision other than a final decision, within 2 days of the day on which the decision was made; or

(b) within 7 days of the later of the days referred to in the Act section 105(5)(a) or (b),

whichever is the later.

21. Limit on applications: section 84(4) of Act

For the purposes of the Act section 84(4), the number of applications is 2.

22. Relief from procedural requirements: section 92(1) of Act

The Tribunal may exercise any of the powers referred to in the Act section 92(1) in connection with any proceeding.

[23. Deleted: Gazette 6 Feb 2015 p. 570.]

24. Request for and return of summons to witness and production of documents and other material by third parties

(1) A request for the issue of a summons under section 66(1) of the Act must be made —

(a) in an approved form; and

(b) at least 14 days before the date on which the summons is to be returnable, unless the Tribunal grants leave to make a request nearer to that date.

[(2) deleted]

(3) A summons will usually be made returnable by the Tribunal at a final hearing. Where a party wishes to have any document or other material produced by a third party prior to a final hearing, the party should make an application under the Act section 35(1).

(4) Any application to set aside a summons or to discharge an order made under the Act section 35(1) in whole or in part or to limit access to any document or other material produced in answer to a summons or in compliance with an order may be made at the hearing at which the summons is returnable or at which the order requires production or at another time prior to the date on which the production of the document or material is required by the summons or order.

(5) A person who is required by a summons or an order made under the Act section 35(1) to produce any document or other material may, unless the person intends to apply to set aside the summons or to discharge the order or to limit access to any document or material, produce the document or material to the executive officer at least 48 hours before the date specified in the summons or order and is not then required to attend the hearing on the date specified in the summons or the order, unless the Tribunal orders otherwise or unless the person is also required by the summons to give evidence.

(6) Where a document or material is produced to the executive officer in accordance with subrule (5), each party may inspect and photocopy the document or material within the Tribunal’s office for the purpose of the proceedings unless the Tribunal orders otherwise.

[Rule 24 inserted: Gazette 13 Apr 2006 p. 1557‑8; amended: Gazette 14 May 2013 p. 1970; SL 2022/219 r. 11.]

24A. Issue of summons

A summons is taken to be signed on behalf of the Tribunal by the executive officer, and is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10, if —

(a) the summons is recorded in the ECMS; and

(b) the executive officer enters a confirmation of the summons into the ECMS.

[Rule 24A inserted: SL 2022/219 r. 12.]

25. Service of summons

(1) A summons in an approved form must be served —

(a) by the party who requested its issue, unless the Tribunal orders otherwise; or

(b) if it is issued at the initiative of the Tribunal, as ordered by the Tribunal.

(2) A summons must be served on the person to whom it is addressed by personal service.

(3) The party who requested the issue of a summons to produce a document or thing must serve a copy of the summons on each other party as soon as practicable after the summons has been served on the person to whom it is addressed.

(4) When a summons to a witness is served, a sufficient sum must be provided as conduct money.

Division 3 — Service

26. Giving copy of application

(1) Subject to these rules or a decision of the Tribunal, a copy of an application must be given under the Act section 45(1) or (2)(a) immediately after it is filed but in any event not more than 7 days after the day on which the application is accepted by the executive officer.

(2) Subject to a decision of the Tribunal, a referring person is to give a copy of an application to the applicant within one day of the day on which the application is accepted by the executive officer.

(3) Subject to these rules or a decision of the Tribunal, a copy of an application may be given —

(a) by personal service; or

(b) by ordinary service; or

[(4), (5) deleted]

[Rule 26 amended: Gazette 6 Feb 2015 p. 570.]

27. Exemption: section 45(2)(c) of Act

A person is exempt under the Act section 45(2)(c) from the requirement to give a copy of the application to a notifiable person if the notifiable person is the decision‑maker and is a referring person in respect of the decision the subject of the application.

28. Giving other documents

Subject to a practice note or direction, if a document, other than an application or a summons, is required to or may be given to a person, the document must be given —

(a) by ordinary service; or

(b) by pre‑paid post; or

(c) in the case of a company, as defined in the Corporations Act section 9, in a way permitted in the Corporations Act section 109X; or

(d) in the case of an incorporated association, as defined in the Associations Incorporation Act 2015 section 3, in accordance with section 176 of that Act; or

(e) in the case of an unincorporated association, by delivering it personally to the president, secretary or other similar officer of the association.

[Rule 28 amended: Gazette 24 Apr 2018 p. 1352.]

29. Giving documents by Tribunal or executive officer

If a document, other than an application or summons, is required to or may be given to a person by the Tribunal or the executive officer, the document, unless the rules otherwise provide or the Tribunal otherwise orders, is sufficiently given if it is given by ordinary service or pre‑paid post.

30. Giving application to decision‑maker

If a copy of an application must be given to a decision‑maker, it may be given —

(a) if the decision‑maker is not a public sector body, to the chief executive officer of the Department administered by the Minister to whom the administration of the enabling Act under which the decision concerned is given; or

(b) if these rules or an enabling Act prescribes the holder of a particular office as a person to whom the copy may be given, to the holder of that office.

[Rule 30 amended: Gazette 6 Feb 2015 p. 571.]

31. Personal service: how effected

(1) If a document is required to or may be given by personal service, it is given to —

(a) a natural person, by leaving a copy of the document with him or her;

(b) a corporation, by leaving a copy of the document —

(i) at the registered office of the corporation; or

(ii) at the principal place of business, or the principal office, of the corporation in the State,

with some person apparently an officer of or in the service of the corporation and apparently a person who has reached 16 years of age;

(c) an unincorporated association, by leaving a copy of the document at the principal place of business or the principal office of the association with some person apparently an officer of or in the service of the association and apparently a person who has reached 16 years of age,

or as the Tribunal or a judicial member or non‑judicial member may order.

(2) If a person refuses to accept a document, it may be given to him or her by putting the document down in his or her presence and telling him or her the nature of it.

(3) It is not necessary in order to effect personal service that the original document be shown.

(4) Despite subrule (1)(a), personal service on a natural person who is not of full legal capacity is effected by leaving a copy of the document with —

(a) the person’s litigation guardian appointed under the Act section 40(2) or guardian ad litem;

(b) if the person does not have a litigation guardian or guardian ad litem, an administrator of the person’s estate appointed under the Guardianship and Administration Act 1990 or the person’s guardian appointed under a law of a State or Territory;

(c) if the person does not have a litigation guardian, a guardian ad litem, an administrator or a guardian, an adult person who apparently has the care of the person, including the person in charge of a hospital, nursing home or other care facility at which the person is a patient or resident.

(5) A document given by personal service is to be taken to have been given to a person at the time the document is left with a person or at a place in accordance with this rule.

[Rule 31 amended: Gazette 6 Feb 2015 p. 571.]

32. Pre‑paid post: how effected

(1) If a document is required to or may be given by pre‑paid post, it is given by sending a copy of the document by pre‑paid post addressed to the person to be served at —

(a) the address for service in the proceedings of that person; or

(b) the address of that person’s legal practitioner, litigation guardian, guardian ad litem or agent; or

(c) if, at the time when the copy is to be posted, the person has no address for service in the proceedings, the person’s usual or last known place of business or residence.

(2) A document given by pre‑paid post is to be taken to have been given to a person 2 business days after the day on which the document was posted.

33. Ordinary service: how effected

(1) For the purposes of subrule (2), the proper address of a person is —

(a) the address for service in the proceedings of that person; or

(b) the address of that person’s legal practitioner, litigation guardian, guardian ad litem or agent; or

(c) if, at the time when the copy is to be left or posted under that subrule, the person has no address for service in the proceedings, the person’s usual or last known place of business or residence.

(2A) A document given by ordinary service must comply with any requirements under these rules, a practice note or a direction.

(2) If a document is required to or may be given by ordinary service, it is given —

(a) by leaving a copy of the document at the proper address of the person to be served between the hours of 9 a.m. and 5 p.m. on a business day; or

(b) by giving a copy of the document in accordance with the Interpretation Act 1984 section 76(d); or

(c) if the person to be given the document has specified or authorised a number for service by fax transmission, by sending the document to that fax number; or

(d) if the person to be given the document has specified or authorised an address for service by email, by sending the document to that email address; or

(e) if the person to be given the document is a public sector body, by sending the document to the body’s address for service in the proceedings.

[(3)-(5) deleted]

(6) The time of giving any document is, where the document or copy of the document —

(a) is sent by post under subrule (2)(b), 2 business days after the day on which the document was posted; or

(b) is sent by fax transmission or email under subrule (2)(c), (d) or (e), at the time the fax or email is received.

(7) If a fax or an email is received after 4.00 p.m. on any day, it is to be taken to have been received on the next business day.

[Rule 33 amended: Gazette 14 May 2013 p. 1970; 6 Feb 2015 p. 571.]

34. Address for service

(1) The address of a place for service in the proceedings must be an address within this State at which documents may, during ordinary business hours —

(a) be left for the person whose address for service it is; and

(b) to which documents may be posted to that person.

(2) If a person is represented by a legal practitioner, the address for service in the proceedings must be the address of that legal practitioner or of the legal practitioner’s agent located within this State.

(3) If a person is represented by an agent, the address for service in the proceedings must be the address of that agent located within this State.

(4) A public sector body may by written notice —

(a) give the executive officer a fax number or an address for service by email; or

(b) change or withdraw that number or address for service.

(5) The executive officer is to keep in a register an accurate record of a fax number or an email address of a public sector body.

(6) If a party to a proceeding is represented by a legal practitioner or an agent and the name and address of the legal practitioner or agent is not provided in the application, the legal practitioner or agent must within 7 days of receiving instructions to represent the party —

(a) file with the executive officer a notice of representation in an approved form duly completed; and

(b) give a copy of the notice to each other party to the proceeding or, if a party is represented by a legal practitioner or agent, that legal practitioner or agent.

(7) If —

(a) a party to a proceeding is represented by a legal practitioner or an agent; and

(b) the name and address of the legal practitioner or agent is not provided in the application; and

the legal practitioner or agent may not appear in or file any document with the Tribunal or executive officer in relation to the proceeding.

(8) If a legal practitioner or agent ceases to represent a party in proceedings, the legal practitioner or agent must within 7 days of ceasing to represent the party —

(a) file with the executive officer a notice of representation in an approved form duly completed stating —

(i) the legal practitioner or agent has ceased to represent the party; and

(ii) the party’s address for service in the proceedings;

and

(b) give a copy of the notice to each other party in the proceeding or, if a party is represented by a legal practitioner or agent, that legal practitioner or agent.

[Rule 34 amended: Gazette 13 Apr 2007 p. 1684; 6 Feb 2015 p. 571.]

35. Acceptance by legal practitioner or agent

(1) This rule applies to —

(a) an application; or

(b) any document required or permitted to be given in any proceeding,

that is required to be given by personal service.

(2) If a legal practitioner or an agent representing a person in accordance with the Act, an enabling Act or these rules (the representative) makes on a copy of a document to which this rule applies a note that he or she accepts the document on behalf of a person, the document is to be taken, unless the representative is shown not to have had authority to represent the person, to have been duly given to that person on the date on which the representative makes the note or on such earlier date as may be proved.

36. Substituted service

(1) If for any reason it is impractical to give a document in the manner set out in the rules, the Tribunal may order that, instead of using such a manner, such steps be taken as are specified in the order for the purpose of bringing the document to the notice of the person to be given the document.

(2) If the Tribunal makes an order under subrule (1), the Tribunal may order that the document is to be taken to have been given on the happening of any specified event, or on the expiry of any specified time.

[Rule 36 amended: Gazette 6 Feb 2015 p. 572.]

37. Informal service: confirmation

If for any reason it is impractical to give a document in the manner set out in the rules, but steps have been taken to bring the document to the notice of the person to be given the document, the Tribunal may order that the document is to be taken to have been given to that person on a date specified in the order.

38. Proof of service

For the purposes of the proof that a document has been given to a person, evidence of a statement by a person of his or her identity, that he or she holds some office or has a representative capacity is evidence of his or her identity, that he or she holds that office or has that representative capacity, as the case may be.

Division 4 — Litigation guardian

39. Litigation guardian: section 40(2) of Act

(1) A person is qualified for appointment as a litigation guardian to conduct proceedings or proposed proceedings for a party or potential party if the person —

(a) is an adult; and

(b) has no interest in the proceedings or proposed proceedings that is adverse to the interest of the party or potential party; and

(d) has consented to act as the litigation guardian.

(2) On application by any person or of its own motion the Tribunal may —

(a) under section 40(2) of the Act, appoint a qualified person as a litigation guardian for a party or potential party; or

(b) remove a litigation guardian previously appointed; or

(c) if satisfied that in the circumstances of the case it is proper to do so, permit a party or potential party to participate in the proceedings without a litigation guardian.

(3) A person appointed as a litigation guardian of a party or potential party must give written notice of the appointment to an applicant or a notifiable person.

(4) A person appointed as a litigation guardian of a party or potential party —

(a) is bound by these rules; and

(b) must do anything required by these rules to be done by the party or potential party; and

(c) may, for the benefit of the party or potential party, do anything permitted by these rules to be done by the party or potential party.

(5) Subject to the Act Part 4 Division 5, the Tribunal may order the costs of a litigation guardian to be paid —

(a) by a party; or

(b) from the income or property of the person for whom the litigation guardian is appointed.

[Rule 39 amended: SL 2022/219 r. 13.]

Division 4A — Expert evidence

[Heading inserted: Gazette 17 May 2016 p. 1491.]

39A. Experts’ duties

An expert at a hearing, or at a conference referred to in rule 39B(1), has these paramount duties as to matters within their expertise —

(a) to be impartial and independent;

(b) to assist the Tribunal;

[Rule 39A inserted: Gazette 17 May 2016 p. 1491.]

39B. Conference of experts pre-hearing

(1) This rule applies if in a proceeding the Tribunal orders experts with a common or overlapping expertise to confer and to file a joint statement about matters such as the points on which they agree and disagree.

(2) Unless the Tribunal orders otherwise, the experts must confer in the absence of the parties and the parties’ representatives.

(3) An expert who is required to confer must not, before the joint statement is filed, discuss any matter raised in the conference with, or disclose any such matter to, any person who is not part of the conference.

(4) Evidence of anything said or done in the course of the conference of experts, other than the joint statement, is not admissible at any later stage of the proceeding without the Tribunal’s leave.

(5) Unless the Tribunal orders otherwise, it will admit the joint statement filed by the experts into evidence at the hearing of the proceeding.

(6) If the joint statement is admitted into evidence, no party can adduce any evidence inconsistent with any matters on which the statement says the experts agree, without the Tribunal’s leave.

[Rule 39B inserted: Gazette 17 May 2016 p. 1491.]

39C. Experts to give evidence concurrently

(1) If at the hearing of a proceeding one or more of the parties propose to adduce evidence of 2 or more experts with a common or overlapping expertise then the experts must all be present (including by means of a video link or an audio link) together in the witness box at the same time, unless the Tribunal orders otherwise.

(2) Subject to the Tribunal’s directions, when experts are together in the witness box —

(a) they may be questioned together or separately by the Tribunal, the parties or the parties’ representatives; and

(b) they may respond immediately to each other’s evidence; and

[Rule 39C inserted: Gazette 17 May 2016 p. 1491‑2.]

Division 5 — Settlements

40. Settlement offers

(1) An offer to settle a proceeding that is before the Tribunal may be made —

(a) with prejudice, meaning that any party may refer to the offer, or to any terms of the offer, at any time during the proceeding; or

(b) without prejudice, meaning that the Tribunal is not able to be told of the making of the offer until after it has made its decision in respect of the matters in dispute in the proceeding (other than in relation to the making of orders in respect of costs).

(2) If an offer does not specify whether it is made with or without prejudice, it is to be treated as if it had been made without prejudice.

(3) A party may make more than one offer.

(4) If an offer provides for the payment of money, the offer must specify the amount of money to be paid and when and how that money is to be paid.

41. Acceptance of settlement offers

(1) An offer may be open for acceptance for any period. However, an offer must be open for acceptance until the commencement of the hearing or until the expiry of a specified period after the offer is made, whichever is the shorter period.

(2) The minimum period that can be specified is 14 days.

(3) An offer cannot be withdrawn while it is open for acceptance without the permission of the Tribunal.

(4) In deciding whether to give permission, the Tribunal may examine the offer, even if it was made without prejudice.

(5) If the offer was made without prejudice, a member of the Tribunal who examines it for the purposes of subrule (4) must take no further part in the proceeding after determining whether or not to give permission.

(6) A party can only accept an offer by giving the party who made it a signed notice of acceptance.

(7) A party may accept an offer even though the party has made a counter‑offer.

[Rule 41 amended: Gazette 13 Apr 2006 p. 1558.]

Division 6 — Costs

42A. Time within which costs application may be made

Subject to these rules, an application to the Tribunal for costs under this Division can be made within 21 days of the orders to which the application relates being made by the Tribunal.

[Rule 42A inserted: Gazette 14 May 2013 p. 1970.]

42. Order for costs if settlement offer is rejected

(1) This rule applies if —

(a) a party to a proceeding (other than a proceeding in the Tribunal’s review jurisdiction) gives another party to the proceeding an offer in writing to settle the proceeding; and

(b) the other party does not accept the offer within the time the offer is open; and

(d) in the opinion of the Tribunal, the orders made by the Tribunal in the proceeding are not more favourable to the other party than the offer.

(2) If this rule applies, the Tribunal is to, in determining the costs that may be awarded, take into account that the party did not accept an offer more favourable than the Tribunal’s order.

(3) In determining whether its orders are or are not more favourable to a party than an offer, the Tribunal —

(a) must take into account any costs it would have ordered on the date the offer was made; and

(b) must disregard any costs it ordered in respect of any period after the date the offer was received.

43. Amount of costs

(1) If the Tribunal makes an order under the Act Part 4 Division 5 for the payment of costs and does not fix the amount of costs, that amount is to be assessed or settled by the executive officer or a member of the Tribunal nominated by the President (the nominated member).

(2) An assessment of costs by the executive officer or a nominated member is to be taken to be an assessment of costs by the Tribunal.

(3) If —

(a) a party fails to attend an assessment of costs having been given reasonable notice of the assessment by the executive officer or a nominated member; and

(b) the assessment is adjourned as a result; and

the executive officer or a nominated member may order that the party who failed to attend pay an amount fixed by the executive officer or nominated member in respect of the additional costs of the other party.

(4) An order under subrule (3) may be enforced under the Act section 85 as if it were a monetary order.

Division 7 — Miscellaneous

[44. Deleted: Gazette 6 Feb 2015 p. 572.]

45. Barring people from being agents representing parties

(1) If a judicial member is satisfied a person, other than a legal practitioner —

(a) has, under the Act section 39(1), represented a party to a proceeding before the Tribunal; and

(b) in doing so has acted inappropriately or improperly,

the judicial member may, by order, prohibit the person from again representing a party.

(2) The practice and procedure for making an order under subrule (1) is to be determined by the President.

[Rule 45 inserted: Gazette 17 May 2016 p. 1492.]

46. Dispensing with compliance with requirement of a rule

The Tribunal may dispense with compliance with a requirement of a rule, either before or after the time for compliance with the requirement arises.

[Rule 46 amended: Gazette 6 Feb 2015 p. 572.]

47. Forms

(1) A form to be used under the Act must be one approved by the President.

(2) An approved form must be completed in accordance with these rules and any instructions on or attached to the form.

(3) A form may be accepted by the executive officer or dealt with by the Tribunal if it is substantially in the approved form and has been substantially completed.

(4) The executive officer is to make the approved forms available to persons requiring them.

[Rule 47 amended: SL 2022/219 r. 14.]

Part 3 — Special rules

48. Animal Welfare Act 2002

For the purposes of the Act section 75(1)(c), the following persons are prescribed —

(a) the Minister of the Crown to whom the administration of the Animal Welfare Act 2002 is committed; and

(b) the Director General as defined in the Animal Welfare Act 2002 section 5(1); and

(c) if the original decision‑maker was an inspector, as defined in the Animal Welfare Act 2002 section 5(1), that inspector.

48A. Community Titles Act 2018

If a community corporation is given a copy of an application under the Act section 45, the community corporation must give a copy of the application to the persons referred to in the Community Titles Act 2018 section 163(2)(a), (b) or (c).

[Rule 48A inserted: SL 2021/123 r. 4.]

49. Credit (Administration) Act 1984

(1) In this rule —

cognate Acts and Commissioner have the meanings given to those terms in the Credit (Administration) Act 1984 section 4.

(2) In any proceedings before the State Administrative Tribunal under the cognate Acts a person is authorised under the Act section 39(1)(f) to be represented by the Commissioner or by a counsel, solicitor or agent for the Commissioner.

50. Employment Agents Act 1976

Under the Act section 39(1)(f), a party to a review of a decision by the Tribunal under the Employment Agents Act 1976 section 22(4) is authorised to be represented by an agent.

51. Equal Opportunity Act 1984

(1) An application for an interim order under the Equal Opportunity Act 1984 section 126 must be made on an application to commence proceedings before the Tribunal under that Act.

(2) In cases of urgency an application for an interim order may be made ex parte.

(3) If an application is made ex parte, a member of the Tribunal may order that the hearing of the application be delayed until any other interested party is informed of the application and given a copy of any documents which have been filed in relation to the application.

(4) If an order is made ex parte, a member of the Tribunal may order the executive officer to give, in any manner which the member considers appropriate, a copy of the order to any person affected by the terms of the order and any other person.

(5) Rule 34(6) and (7) do not apply if the Commissioner for Equal Opportunity, or a counsel or representative of the Commissioner, is the legal practitioner or agent representing the complainant in proceedings relating to a complaint referred to the Tribunal under the Equal Opportunity Act 1984 section 93(1).

[Rule 51 amended: Gazette 28 Mar 2008 p. 918; 29 Aug 2008 p. 4043.]

52. Firearms Act 2024

(1) This rule applies to an application for review of a decision under the Firearms Act 2024 section 335.

(2) Under the Act section 39(1)(f), a party to a review of a decision by the Tribunal is authorised to be represented by an agent.

[(3) deleted]

(4) Under the Act section 39(1)(f), the Commissioner of Police is authorised to be represented by a member of the Police Force of Western Australia or an officer of the Department as defined in the Firearms Act 2024 section 5.

[Rule 52 amended: Gazette 14 Oct 2005 p. 4570; SL 2025/147 r. 4.]

53. Fish Resources Management Act 1994

Subject to any order the Tribunal may make for costs under the Act Part 4 Division 5, if an application for review under the Fish Resources Management Act 1994 Part 14 is successful one half of the fee referred to in the State Administrative Tribunal Regulations 2004 Schedule 12 item 1 1 is to be refunded to the applicant.

54. Guardianship and Administration Act 1990

(1) This rule applies to proceedings under the Guardianship and Administration Act 1990.

(2) Rules 26 and 47 do not apply to an application made to the Tribunal under the Guardianship and Administration Act 1990 section 40.

(3) Despite Part 2 Division 3, if a document is required to be given to a person referred to in the Guardianship and Administration Act 1990 section 115(1) under the Act it must be given personally to that person in the manner specified in section 115 of that Act.

55. Medical Act 1894

Under the Act section 39(1)(f), a person who makes an application for review under the Medical Act 1894 2 section 13(8) is authorised to be represented by a person other than a legal practitioner.

56. Mental Health Act 1996

(1) In this rule —

authorised hospital, community treatment order, involuntary patient and supervising psychiatrist have the meanings given to those terms in the Mental Health Act 2014 section 4.

[(2) deleted]

(3) Despite rule 31, if a document is required to or may be given to an involuntary patient who is not the subject of a community treatment order, personal service is effected by leaving a copy of the document with the person in charge of the authorised hospital in which the person is detained.

(4) Despite rule 31, if a document is required to or may be given to an involuntary patient who is the subject of a community treatment order personal service is effected —

(a) by leaving a copy of the document with him or her; or

(b) if the involuntary patient cannot be found, by leaving a copy of the document with his or her supervising psychiatrist.

(5) Despite rule 31, if a document is required to or may be given to an involuntary patient who is absent on leave of absence and cannot be found, personal service is effected by leaving a copy of the document with the person in charge of the authorised hospital in which the person is required to be detained.

(6) A copy of a document that must be given to an involuntary patient under the Act, an enabling Act or these rules must also be given to —

(a) the patient’s litigation guardian appointed under the Act section 40(2) (if any); and

(b) the patient’s guardian ad litem (if any); and

(c) if an administrator of his or her estate has been appointed under the Guardianship and Administration Act 1990, the administrator; and

(d) if the patient has a guardian appointed under a law of a State or Territory, that guardian.

[Rule 56 amended: Gazette 12 Feb 2016 p. 384.]

57. Pawnbrokers and Second‑hand Dealers Act 1994

(1) Under the Act section 39(1)(f), a licensing officer who makes an allegation to the Tribunal under the Pawnbrokers and Second‑hand Dealers Act 1994 section 27(2) that it should take action against a specified licensee under section 27 of that Act is authorised to be represented by a member of the Police Force of Western Australia or an officer of the Department as defined in section 3(1) of that Act.

(2) Under the Act section 39(1)(f), a licensing officer whose decision is subject to review under the Pawnbrokers and Second‑hand Dealers Act 1994 section 30(1) is authorised to be represented by a member of the Police Force of Western Australia or an officer of the Department as defined in section 3(1) of that Act.

[Rule 57 inserted: Gazette 14 Oct 2005 p. 4570; amended: Gazette 13 Apr 2007 p. 1684.]

58. Public Order in Streets Act 1984

(1) This rule applies to an application for review under the Public Order in Streets Act 1984 section 8(1).

(2) Under the Act section 45(2)(c), the applicant is exempt from the requirement to give a copy of the application to the notifiable person.

(3) The executive officer in determining the date for hearing the application must ensure that it takes place as soon as is practicable, but in any event on a date before the date of the proposed public meeting or procession.

(4) In addition to the persons referred to in rule 18, the executive officer is to give notice of the time and place for a hearing in a proceeding to the Commissioner of Police, or the authorised officer to whom the application for the permit was made, as the case may require.

[(5) deleted]

(6) Under the Act section 39(1)(f), the Commissioner of Police, or the authorised officer to whom the application for the permit was made, as the case may require, is authorised to be represented by a member of the Police Force of Western Australia.

[Rule 58 amended: Gazette 14 Oct 2005 p. 4570; 13 Apr 2007 p. 1685.]

59. Retirement Villages Act 1992

(1) In this rule —

agent means any person who is not a legally qualified person;

Commissioner has the meaning given to that term in the RV Act section 3(1);

legally qualified person means —

(a) a legal practitioner; or

(b) a person who is in the course of completing the practical legal training requirements specified in the Legal Profession Uniform Rules (WA) for the purposes of the Legal Profession Uniform Law (WA) section 17(1)(b); or

RV Act means the Retirement Villages Act 1992.

(2) A party to a proceeding before the Tribunal under the RV Act may be represented by an agent if —

(a) the party is unable to appear personally or conduct the proceedings properly himself or herself; and

(b) no other party will be unfairly disadvantaged by the fact that the agent is allowed so to act.

(3) Under the Act section 39(4), a party to a proceeding before the Tribunal under the RV Act is not entitled to be represented by a legal practitioner unless —

(a) all the parties agree and any party who is not so represented will not be unfairly disadvantaged; or

(b) one of the parties is a legally qualified person; or

(d) one of the parties is unable to appear personally or conduct the proceedings properly himself or herself; or

(e) the proceedings are instituted or defended, or the conduct thereof has been assumed, by the Commissioner.

(4) Subrule (3) does not apply to a minor proceeding as defined in the Act section 93(1).

[Rule 59 amended: Gazette 9 Jul 2010 p. 3242; SL 2022/73 r. 4.]

60. Rights in Water and Irrigation Act 1914

(1) Under the Act section 39(1)(f), a person who makes an application for review under the Rights in Water and Irrigation Act 1914 Part III Division 3B is authorised to be represented by an agent.

(2) For the purposes of the Act section 75(1)(c), the Minister to whom the administration of the Rights in Water and Irrigation Act 1914 is committed is prescribed.

(3) Subject to any order the Tribunal may make for costs under the Act Part 4 Division 5, if an application for review under the Rights in Water and Irrigation Act 1914 Part III Division 3B is withdrawn before a hearing is held, the executive officer may refund to the applicant one half of the fee referred to in the State Administrative Tribunal Regulations 2004 Schedule 15 1 paid by the applicant.

61. Security and Related Activities (Control) Act 1996

(1) Subrules (2), (3) and (4) apply to —

(a) an allegation by the Commissioner to the Tribunal that there is proper cause for disciplinary action under the Security and Related Activities (Control) Act 1996 section 67(1); and

(b) a reference by the Commissioner to the Tribunal under section 67(3b) 3 of that Act; and

(2) In this rule —

Commissioner has the meaning given to that term in the Security and Related Activities (Control) Act 1996 section 3;

Department has the meaning given to that term in the Security and Related Activities (Control) Act 1996 section 3.

(3) Under the Act section 39(1)(f), the Commissioner or a licensing officer whose decision is subject to review is authorised to be represented by a member of the Police Force of Western Australia or an officer of the Department.

(4) On the determination of a review the executive officer is to give the Commissioner a copy of any relevant decision and, if a licence has been revoked, any licence and identity card that has been delivered to the Tribunal.

[(5) deleted]

[Rule 61 amended: Gazette 14 Oct 2005 p. 4570; 29 Aug 2008 p. 4043-4; 6 Feb 2015 p. 572.]

62. Strata Titles Act 1985

If a strata company is given a copy of an application under the Act section 45, the strata company must give a copy of the application to the persons referred to in the Strata Titles Act 1985 section 198(2)(a), (b) or (c).

[Rule 62 amended: Gazette 31 Dec 2019 p. 4661.]

63. Planning and Development Act 2005

(1) This rule applies to a review by the Tribunal under the Planning and Development Act 2005 Part 14.

(2) Under the Act section 39(1)(f) a party to the review is authorised to be represented by an agent, unless the review is one referred to in the Planning and Development Act 2005 section 244 and is applied for by a party.

(3) As soon as practicable after the Minister makes a referral under the Planning and Development Act 2005 section 211(2), the Tribunal is to notify the person who made the representation and the relevant local government that the representation has been referred to the Tribunal.

(4) Rule 34(6) and (7) do not apply if the State Solicitor is the legal practitioner representing a Development Assessment Panel or the Western Australian Planning Commission in proceedings under the Planning and Development Act 2005 Part 14.

[Rule 63 inserted: Gazette 13 Apr 2006 p. 1558; amended: Gazette 29 Aug 2008 p. 4044; 28 Jan 2014 p. 182; 17 May 2016 p. 1492.]

64. Taxation Administration Act 2003

Rule 34(6) and (7) do not apply if the State Solicitor is the legal practitioner representing the Commissioner of State Revenue in proceedings under the Taxation Administration Act 2003.

[Rule 64 inserted: Gazette 29 Aug 2008 p. 4044.]

dline

Notes

This is a compilation of the State Administrative Tribunal Rules 2004 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
State Administrative Tribunal Rules 2004	30 Dec 2004 p. 6849‑89	1 Jan 2005 (see r. 2)
State Administrative Tribunal Rules (Amendment No. 1) 2005	14 Oct 2005 p. 4568‑70	17 Oct 2005 (see r. 2)
State Administrative Tribunal Rules (Amendment No. 1) 2006	13 Apr 2006 p. 1556‑8	13 Apr 2006 4
State Administrative Tribunal Amendment Rules 2007	13 Apr 2007 p. 1682‑5	13 Apr 2007
*Reprint 1: The State Administrative Tribunal Rules 2004* as at 13 Jul 2007** (includes amendments listed above)
State Administrative Tribunal Amendment Rules 2008	28 Mar 2008 p. 918-19	r. 1 and 2: 28 Mar 2008 (see r. 2(a));<br>Rules other than r. 1 and 2: 29 Mar 2008 (see r. 2(b))
State Administrative Tribunal Amendment Rules (No. 2) 2008	29 Aug 2008 p. 4043-4	r. 1 and 2: 29 Aug 2008 (see r. 2(a)); Rules other than r. 1 and 2: 30 Aug 2008 (see r. 2(b))
State Administrative Tribunal Amendment Rules 2010	9 Jul 2010 p. 3240-2	r. 1 and 2: 9 Jul 2010 (see r. 2(a)); Rules other than r. 1 and 2: 10 Jul 2010 (see r. 2(b))
State Administrative Tribunal Amendment Rules 2013	14 May 2013 p. 1969-70	r. 1 and 2: 14 May 2013 (see r. 2(a)); Rules other than r. 1 and 2: 15 May 2013 (see r. 2(b))
*Reprint 2: The State Administrative Tribunal Rules 2004* as at 19 Jul 2013** (includes amendments listed above)
State Administrative Tribunal Amendment Rules (No. 2) 2013	28 Jan 2014 p. 181-2	r. 1 and 2: 28 Jan 2014 (see r. 2(a)); Rules other than r. 1 and 2: 29 Jan 2014 (see r. 2(b))
State Administrative Tribunal Amendment Rules 2014	6 Feb 2015 p. 567-72	r. 1 and 2: 6 Feb 2015 (see r. 2(a)); Rules other than r. 1 and 2: 7 Feb 2015 (see r. 2(b))
State Administrative Tribunal Amendment Rules 2016	12 Feb 2016 p. 384	r. 1 and 2: 12 Feb 2016 (see r. 2(a)); Rules other than r. 1 and 2: 13 Feb 2016 (see r. 2(b))
State Administrative Tribunal Amendment Rules (No. 2) 2016	17 May 2016 p. 1490‑2	r. 1 and 2: 17 May 2016 (see r. 2(a)); Rules other than r. 1 and 2: 18 May 2016 (see r. 2(b))
State Administrative Tribunal Amendment Rules 2018	24 Apr 2018 p. 1351‑2	r. 1 and 2: 24 Apr 2017 (see r. 2(a)); Rules other than r. 1 and 2: 25 Apr 2018 (see r. 2(b))
State Administrative Tribunal Amendment Rules (No. 2) 2019	31 Dec 2019 p. 4661	r. 1 and 2: 31 Dec 2019 (see r. 2(a)); Rules other than r. 1 and 2: 1 May 2020 (see r. 2(b) and SL 2020/39 cl. 2)
State Administrative Tribunal Amendment Rules 2021	SL 2021/123 16 Jul 2021	r. 1 and 2: 16 Jul 2021 (see r. 2(a)); Rules other than r. 1 and 2: 17 Jul 2021 (see r. 2(b))
State Administrative Tribunal Amendment Rules (No. 2) 2022	SL 2022/73 10 Jun 2022	r. 1 and 2: 10 Jun 2022 (see r. 2(a)); Rules other than r. 1 and 2: 1 Jul 2022 (see r. 2(b)) and SL 2022/113 cl. 2)
State Administrative Tribunal Amendment Rules 2022	SL 2022/219 30 Dec 2022	r. 1 and 2: 30 Dec 2022 (see r. 2(a)); r. 3, 4 and 8-15: 31 Dec 2022 (see r. 2(c)); r. 5‑7: 1 Jul 2023 (see r. 2(b))
State Administrative Tribunal Amendment Rules 2025	SL 2025/147 15 Aug 2025	r. 1 and 2: 15 Aug 2025 (see r. 2(a)); Rules other than r. 1 and 2: 16 Aug 2025 (see r. 2(b))

Other notes

1 Schedule deleted by the State Administrative Tribunal Amendment Regulations (No. 2) 2007 r. 8 (see Gazette 26 June 2007 p. 2979-96).

2 Repealed by the Medical Practitioners Act 2008, which was repealed by the Health Practitioner Regulation National Law (WA) Act 2010.

3 Section 67(3b) deleted by the Security and Related Activities (Control) Amendment Act 2008 s. 46(4).

4 The commencement date of 9 Apr 2006 that was specified in r. 2 was before the date of gazettal.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Act 3

address for service in the proceedings 3

agent 59(1)

approved form 3

authorised hospital 56(1)

business day 3

cognate Acts 49(1)

Commissioner 49(1), 59(1), 61(2)

community treatment order 56(1)

Corporations Act 3

Department 61(2)

direction 3

document 3, 6A

ECMS 3

guardian ad litem 3

interim application 14

involuntary patient 56(1)

legally qualified person 59(1)

material 12(1)

nominated member 43(1)

notice of representation 3

notifiable person 3

oral application 8(1)

ordinary service 3

personal service 3

practice note 3

pre-paid post 3

public sector body 3

referring person 3

representative 35(2)

RV Act 59(1)

supervising psychiatrist 56(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

State Administrative Tribunal Act 2004

State Administrative Tribunal Rules 2004

Western Australia

State Administrative Tribunal Rules 2004

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

Part 2 — General

Division 1 — Applications

Filing applications and other documents 4
Filing applications by electronic means 5
Applications must be legible 5

6A. When application or other document is taken to be filed 5

Acceptance of applications 6
Oral applications 7
Time limit for applications: review jurisdiction 7
Extension of time limit 7
Time specified for the purposes of section 22(2) of Act 8
Provision of documents and materials by decision maker: section 24 of Act 8
Protected matter 8

Division 2 — Proceedings and hearings

Filing of other applications 10

15A. Changing contact details given in application 10

15B. Changing name of party given in application 11

Amendment of grounds or reasons for application 11
Notice of compulsory conference 11
Notice of mediation 11
Notice of hearing 12
Authentication of decision: section 74 of Act 12
Time limit for purposes of section 84(3) of Act 12
Limit on applications: section 84(4) of Act 12
Relief from procedural requirements: section 92(1) of Act 13
Request for and return of summons to witness and production of documents and other material by third parties 13

24A. Issue of summons 14

The Rules organise procedure around several recurring administrative and adjudicative concepts that lawyers and practitioners must map onto their clients’ cases:

Filing and acceptance: An application or document is filed by presenting it to a Tribunal office, by pre‑paid post, fax or by using the ECMS (rule 4(1)). Filing by ECMS is specifically recorded by the ECMS and that record governs the filing time (rule 6A(a)). Acceptance by the executive officer occurs when the document is filed as required and the executive officer is satisfied the prescribed fee has been paid (rule 7(1)(a)-(b)). If an application is not accepted the executive officer must notify the sender using the contact details provided (rule 7(3)).

Time and extension: The default review time limit is 28 days from the decision notification or decision date in most cases (rule 9). The Tribunal may extend any time fixed under the Act, an enabling Act or the Rules even after the fixed time has expired (rule 10). For Act s22(2) purposes the specified time is seven days after acceptance (rule 11). These rules concentrate discretion in the Tribunal but set default expectations for applicants.

Service and address for service: The Rules define personal service, ordinary service and pre‑paid post and prescribe when service is treated as effective (rules 31-33). An address for service must be within Western Australia (rule 34(1)), and lawyers and agents must file a notice of representation within seven days of taking instructions (rule 34(6)). A change of contact details is not effective until filed and given to a notifiable person (rule 15A(3)).

Document handling and disclosure: The decision‑maker must provide material ordered by the Tribunal within any period ordered (rule 12). Where a party claims protected matter, bundles must be split into Part A (non‑protected) and sealed Part B (protected matter), with identification by a document list (rule 13). If a document contains both protected and non‑protected matter the protected material must be excised from Part A (rule 13(2a)).

Experts and evidence management: Experts owe paramount duties to be impartial, to assist the Tribunal and not to act as advocates for their instructing party (rule 39A). The Tribunal can order experts with overlapping expertise to confer and file a joint statement; such conferences are conducted without parties present unless the Tribunal orders otherwise and statements may be admitted into evidence (rule 39B). Experts may be required to give evidence together and respond immediately to each other (rule 39C).

Settlement and costs: Settlement offers can be made with or without prejudice (rule 40). Offers unspecified as to prejudice are treated as without prejudice (rule 40(2)). There are constraints on withdrawing open offers (rule 41(3)) and a procedure for the Tribunal’s examination of offers made without prejudice when permission to withdraw is sought (rules 41(4)-(5)). Refusal of a settlement offer that is more favourable than the Tribunal’s orders is a factor the Tribunal must take into account when awarding costs (rule 42).

Special‑purpose modifications: Part 3 prescribes persons for service and representation and other procedural variations for a list of enabling Acts, including but not limited to the Animal Welfare Act 2002, Planning and Development Act 2005, Mental Health Act 1996 and Firearms Act 2024 (rules 48-64). Where the Rules conflict with an enabling Act’s procedural scheme, the specific rule modifies the general procedure in those statutory contexts.

Administrative instruments: Practice notes and directions are recurring cross‑references (definition at rule 3). The Rules allow practice notes and directions to modify manner and form of filing and service (rules 4(4), 5(1)(a), 28). Approved forms are to be used and may be accepted if substantially complied with (rule 47).

These main concepts are distributed through the Rules and the Act references they invoke; the Rules function to operationalise many of the Act’s procedural powers and to create consistent administrative practice for the Tribunal.

The Rules affect a defined set of actors and allocate tasks and procedural burdens among them. Key affected parties and the obligations or permissions that attach to each group under the Rules are:

Applicants and referring persons: An applicant or referring person must file applications and accompanying documents in accordance with rule 4, ensure legibility (rule 6), attend to the time limits for review jurisdiction (rule 9), and comply with service obligations (rule 26). A referring person must give the applicant a copy of the application within one day of acceptance (rule 26(2)). Applicants who change contact details must file a notice and give it to notifiable persons (rule 15A). An applicant who wishes to amend grounds or change a party name must seek leave (rules 15, 15B).

Notifiable persons and decision‑makers: The Rules impose service obligations on applicants to give copies of the application to notifiable persons within set times (rule 26(1)). Decision‑makers ordered to provide material by the Tribunal must do so within the period specified by the Tribunal and may be ordered to provide copies to parties (rule 12). A decision‑maker who is a referring person is exempt from receiving a copy of the application under the Act s45(2)(c) exception (rule 27).

Legal practitioners and agents: Legal practitioners and agents must file a notice of representation within seven days of receiving instructions (rule 34(6)), and must file a notice when ceasing to represent a party (rule 34(8)). If they do not comply, the practitioner or agent may be prevented from appearing or filing documents (rule 34(7)). Acceptance by a representative of personal service on behalf of a client is effective where the representative marks the document unless the representative lacked authority (rule 35(2)).

Experts: An expert has paramount duties to be impartial, to assist the Tribunal and not to be an advocate (rule 39A). Experts ordered to confer must do so in the absence of parties unless the Tribunal orders otherwise, must file a joint statement (rule 39B) and may be required to give evidence concurrently (rule 39C).

Litigation guardians: The Rules set qualifications for appointment as litigation guardian and the duties of a litigation guardian, including requirement to consent and to act competently (rule 39). The Tribunal may appoint or remove a litigation guardian (rule 39(2)) and may order costs of the guardian to be paid by a party or from the protected person’s estate (rule 39(5)).

Executive officer and Tribunal members: The executive officer is the filing point for documents (rule 4), authenticates decisions by signature or ECMS entry (rule 19), maintains a register of public sector bodies’ contact details (rule 34(5)), and issues summonses recorded in the ECMS (rule 24A). The Tribunal has broad discretion to extend time (rule 10), dispense with rules (rule 46), make substituted service orders (rule 36), and to make orders barring persons from representing others where they have acted improperly (rule 45).

Third parties summoned or ordered to produce documents: The Rules set requirements for application for summonses, return, timing for production and rights of inspection of produced material unless the Tribunal orders otherwise (rule 24). Summonses must be personally served and conduct money provided when serving a summons to a witness (rule 25).

Public sector bodies: The Rules define public sector bodies and permit them to provide an address for service, fax or email for the register (rule 3 definition and rule 34(4)-(5)). For certain Acts, specific public officers are prescribed persons for service or representation (Part 3).

Fee‑paying parties: The Rules reference prescribed fees as a condition of acceptance (rule 7(1)(b)) and refer to refund mechanics for specified enabling Acts with fees governed by the Regulations (rules 53, 60). Costs orders are governed by the Act and the Rules set administrative processes for assessment (rule 43).

In short, the Rules impose filing, service, representation, conduct and disclosure obligations on applicants, parties, legal representatives, experts and public bodies; they place administrative duties on the executive officer and give the Tribunal discretion to alter procedure. The allocation of notice, timing, and representation obligations creates practical obligations for practitioners and clients to observe the named rules or risk procedural consequences such as non‑acceptance, inability to appear or adverse costs outcomes.

The Rules allocate specific duties and rights; below are the principal ones with their rule citations and operational effect.

Duty to comply with filing form and content: Applications must be accompanied by required documents under the Act, enabling Act, Rules, practice note or approved form (rule 4(2)). Forms are to be approved by the President and substantially completed forms may be accepted (rule 47(1)-(3)). Documents filed by ECMS must be capable of being printed in the form and content created (rule 6).

Duty to keep and produce electronic copies: A person who files by fax or ECMS must keep a copy and produce it if ordered by the Tribunal (rule 5(2)). The ECMS record fixes the filing time (rule 6A(a)); documents filed otherwise are treated as filed on receipt before/after 4.30 pm as set out in rule 6A(b).

Duty to serve and right to notification: A copy of an application must be given to the applicant and notifiable persons immediately after filing, and in any event within seven days after acceptance (rule 26(1)). A referring person must give the applicant a copy within one day of acceptance (rule 26(2)). An applicant may be exempt from giving a copy of the application to a notifiable person in certain circumstances (rule 27).

Duty of decision‑maker to provide material: Where the Tribunal makes an order under Act s24, the decision‑maker must provide the ordered material within the period specified and the Tribunal may require additional copies or ordering copies be given to other parties (rule 12).

Duty in relation to protected matter: A party claiming protected matter must, within the period specified for filing bundles, provide a list identifying documents comprising protected matter without disclosing it, divide the bundle into Part A and sealed Part B and excise protected matter where documents contain mixed content (rule 13(1)-(2c)). Affected persons may seek relief under Act ss159 or 160 from the President within 14 days of receiving the list (rule 13(3)).

Experts’ duties and rights in proceedings: Experts must be impartial and independent and must assist the Tribunal; they must not act as advocates (rule 39A). If ordered, experts must confer and file joint statements, conducted in the absence of parties unless the Tribunal orders otherwise (rule 39B). A joint statement may be admitted into evidence and, if admitted, limits inconsistent evidence without leave (rule 39B(5)-(6)). Experts must give concurrent evidence when required unless the Tribunal orders otherwise (rule 39C).

Rights and constraints on settlement offers: Offers can be made with prejudice or without prejudice; unspecified offers are treated as without prejudice (rule 40). Offers must specify monetary details where money is proposed (rule 40(4)). Offers remain open until the hearing or an earlier specified shorter period; minimum specified period is 14 days (rule 41(1)-(2)). A party may not withdraw an open offer without Tribunal permission and the Tribunal may examine without‑prejudice offers for the purpose of deciding whether to permit withdrawal, with the examining member then ceasing involvement in the proceeding (rules 41(3)-(5)).

Costs rights and assessment: A costs application under Division 6 must be made within 21 days of the orders to which the costs application relates (rule 42A). If the Tribunal orders payment of costs but does not fix the amount, the executive officer or a nominated member will assess or settle the quantum (rule 43(1)-(2)). The Tribunal is to take into account a refusal to accept a settlement offer in determining costs if the Tribunal’s order is no less favourable than the offer (rule 42).

Right to representation and duties of representatives: The Act confers representation rights which the Rules elaborate. Representatives must file notice of representation within seven days of receiving instructions (rule 34(6)), and failure to do so prevents them appearing or filing (rule 34(7)). Acceptance of service by a representative on a copy where the representative marks acceptance is effective unless they lacked authority (rule 35(2)).

Tribunal discretion: The Tribunal may extend time (rule 10), exercise relief from procedural requirements (rule 22), dispense with compliance (rule 46), make substituted service or informal service orders (rules 36-37), and bar non‑lawyer agents from representing parties where they acted improperly (rule 45). These discretionary powers permit tailoring of procedure to case circumstances but require active exercise by the Tribunal.

Authentication and evidential duties: A Tribunal decision is authenticated by member signature and seal or by ECMS recording and confirmation by a member or executive officer (rule 19). This defines the formal evidential status of Tribunal decisions.

Enforcement-related rights and duties: The executive officer must notify non‑acceptance (rule 7(3)), a party who fails to attend a costs assessment may be ordered to pay additional costs fixed by the executive officer or nominated member (rule 43(3)-(4)), and orders for payment under these rules may be enforced under Act s85 (rule 43(4)).

Collectively, these duties and rights create a procedural ecosystem: applicants and practitioners must file correct materials and serve them within specified times, decision‑makers must produce ordered materials, experts must adhere to independence duties, and the Tribunal exercises discretion to adapt procedural requirements where necessary.

The Rules themselves contain limited express sanctions but provide mechanisms by which non‑compliance can lead to practical penalties or enforceable outcomes, and they link to the Act for enforcement.

Costs orders and enforcement: The Rules enable cost consequences as a sanction or remedial ordering mechanism. If a party declines a settlement offer and the Tribunal’s orders are not more favourable to that party than the offer, the Tribunal must have regard to that when determining costs (rule 42). For costs assessments, the executive officer or nominated member can fix amounts and may order a party who fails to attend an assessment after reasonable notice to pay an amount in respect of additional costs caused by adjournment (rule 43(3)). Such an order can be enforced under the Act s85 as if it were a monetary order (rule 43(4)).

Bar on representing parties: A judicial member can make an order prohibiting a non‑legal person who has represented parties and acted inappropriately or improperly from again representing a party (rule 45(1)). The practice and procedure for such an order are determined by the President (rule 45(2)). The effect is to limit access to informal non‑legal representation where conduct is judged improper.

Procedural consequences of failing to file notices of representation: A legal practitioner or agent who does not file the notice required by rule 34(6) may be prevented from appearing or filing documents in the proceeding (rule 34(7)). Failure to provide required contact details or to effect service that complies with the Rules can expose a party to substituted service orders and related consequences.

Non‑acceptance and administrative rejection: An application is taken to be accepted only when filed correctly and the prescribed fee is paid (rule 7(1)). If an application is not accepted the executive officer must notify the sender (rule 7(3)). Administrative non‑acceptance can prevent a matter progressing and may lead an applicant to refile or seek the Tribunal’s intervention.

Summons and production compliance: The Rules prescribe procedural steps to obtain and enforce production or witness attendance (rules 24-25). A party requesting a summons must do so in an approved form and usually at least 14 days before the return date (rule 24(1)). A person required by a summons or order to produce a document may produce the material to the executive officer at least 48 hours before the return date and then avoid attendance unless otherwise ordered (rule 24(5)). The Tribunal retains the power to set aside summonses, discharge orders or limit access (rule 24(4)).

Authentication and evidential formality: Decisions authenticated under rule 19 (signed and sealed or ECMS entry confirmed by a member or the executive officer) are the form of the Tribunal’s decisions. Authentication gives a decision the formal status required for enforcement and appeal; improper authentication can be challenged procedurally.

Discretionary relief: The Tribunal’s power to extend time, dispense with compliance and relieve from procedural requirements (rules 10, 46, 22) mitigates the mechanical imposition of penalties but places enforcement discretion in Tribunal hands. Parties cannot rely on automatic waivers; they must either comply or seek the Tribunal’s relief.

Interaction with the Act: Enforcement of monetary orders and other remedies flows from the Act; the Rules reference Act enforcement provisions such as s85 for enforcement of costs (rule 43(4)). Where an enabling Act prescribes special representation or service arrangements, the Rules adapt enforcement and sanctioning mechanisms accordingly (Part 3).

In summary, the Rules create a mixture of administrative controls, cost consequences and discretionary enforcement tools. The primary punitive or remedial mechanism within the Rules is financial , costs and fixed amounts for adjournment , and the Tribunal’s procedural discretion is the central enforcement lever, supported by Act enforcement powers.

The Rules are intrinsically dependent on and cross‑referenced to the State Administrative Tribunal Act 2004 (the Act) and to a range of enabling Acts. They also reference other statutes for service mechanisms and representation. Key interactions stated in the Rules are:

Integration with the Act: The Rules operate to implement and give procedural effect to numerous Act provisions. For example, the Rules define when an application is accepted for the purposes of Act s42(3) (rule 7), specify the time for Act s22(2) purposes (rule 11), implement disclosure obligations relating to Act s24 (rule 12), and give effect to Act s74 on authentication of decisions (rule 19). The Rules also make explicit the exercise of the Tribunal’s s92(1) powers to grant relief from procedural requirements by stating the Tribunal may exercise any of the powers in Act s92(1) (rule 22).

Interaction with enabling Acts and tailored procedures (Part 3): Part 3 prescribes departures or particular applications of the general Rules for specific enabling Acts. For example:

Animal Welfare Act 2002: prescribes the Minister and Director General as persons for Act s75(1)(c) purposes and, if relevant, the inspector as original decision‑maker (rule 48).
Planning and Development Act 2005: permits agents to represent parties in most reviews and sets notification duties where referrals are made under the Act (rule 63).
Firearms Act 2024: allows particular representation by Police or departmental officers and explicitly applies the representation rule under Act s39(1)(f) (rule 52).
Mental Health Act 1996: modifies personal service for involuntary patients and requires copies of documents be given to various guardians or administrators (rule 56). These tailorings show the Rules are designed to co‑exist with substantive enabling Acts and in many cases to modify service and representation norms to suit the operational context of that Act.

Reference to other statutes for service and representation: The Rules rely on external statutory regimes for service in corporate or association contexts. For instance, service on a company may be effected in a way permitted by the Corporations Act s109X (rule 28(c)), and service on an incorporated association can follow the Associations Incorporation Act 2015 s176 (rule 28(d)). The Rules also rely on the Interpretation Act 1984 for one form of ordinary service (rule 33(2)(b)).

Fees and Regulations: The Rules require payment of prescribed fees as a condition of acceptance (rule 7(1)(b)) and reference the State Administrative Tribunal Regulations 2004 for fee schedules and refund arrangements in relation to certain enabling Acts (rules 53, 60). The Rules therefore defer to Regulations for the quantum and mechanics of fees.

Electronic processes legislation: Authentication and ECMS entries are given statutory recognition under the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 where a summons recorded in the ECMS and confirmed by the executive officer is authenticated for the purposes of that Act (rule 24A). Rule 19 also recognises ECMS entries as a method of authenticating Tribunal decisions.

Practice notes and directions: The Rules repeatedly allow practice notes and directions (powers in the Act and rules 3, 4(4), 5(1)(a), 28) to shape operational detail, meaning the Rules interact operationally with issued practice notes and directions that the President or Tribunal makes under the Act. Practitioners must read the Rules together with relevant practice notes to understand current operational requirements.

Representation rules in enabling Acts: Several enabling Acts explicitly authorise particular forms of representation under Act s39(1)(f) and the Rules give effect to those authorisations (see rules 49, 52, 57, 61, 63). The Rules therefore operationalise statutory permissions for non‑lawyer representation and institutional representation in specified contexts.

In short, the Rules do not stand alone: they are procedural instruments that depend on the Act for substantive jurisdiction and powers, on enabling Acts for context‑specific variations, on Regulations for fees, and on other statutes for certain service mechanisms. Practitioners must treat the Rules as part of an interlocking statutory and administrative framework.

The compilation table at the end of the Rules provides a detailed amendment history and commencement dates. The Rules commenced on 1 January 2005 (rule 2). The instrument has been amended repeatedly; the compilation table lists primary amendment instruments and their commencement dates as follows (citations and commencement entries drawn from the compilation table in the Rules):

State Administrative Tribunal Rules 2004, published 30 Dec 2004, commenced 1 Jan 2005 (original Rules).
Amendment No. 1 2005, Gazette 14 Oct 2005, commenced 17 Oct 2005.
Amendment No. 1 2006, Gazette 13 Apr 2006, commenced 13 Apr 2006 (note: the compilation table records a commencement anomaly in a footnote).
Amendment Rules 2007, Gazette 13 Apr 2007, commenced 13 Apr 2007.
Amendment Rules 2008, Gazette 28 Mar 2008/29 Mar 2008, with staged commencements for some provisions.
Amendment Rules (No. 2) 2008, Gazette 29 Aug 2008 (staged commencements).
Amendment Rules 2010, Gazette 9 Jul 2010 (staged commencements).
Amendment Rules 2013, Gazette 14 May 2013 (staged commencements).
Amendment Rules (No. 2) 2013, Gazette 28 Jan 2014 (staged commencements).
Amendment Rules 2014, Gazette 6 Feb 2015, various commencement dates for different provisions (notably insertion of ECMS filing specifics and modernisation of filing rules).
Amendment Rules 2016 (two instruments), Gazette 12 Feb 2016 and 17 May 2016, which inserted rules on experts and evidence management (rules 39A-39C were inserted by the 17 May 2016 amendment).
Amendment Rules 2018, Gazette 24 Apr 2018, with staged commencements and several deletions or updates (noted in the Rules at rule 3 and others).
Amendment Rules (No. 2) 2019, Gazette 31 Dec 2019 with staged commencements into 2020.
Amendment Rules 2021 (SL 2021/123), commenced mid‑July 2021.
Amendment Rules (No. 2) 2022 and Amendment Rules 2022 (SL 2022/73 and SL 2022/219), with various staged commencements across 2022 and 2023; the Rules show specific amendments effected by SL 2022/219 such as inserting rule 24A and other procedural updates.
Amendment Rules 2025 (SL 2025/147), published 15 Aug 2025 with staged commencements.

The compilation table records deletions of provisions and the addition of new divisions (for example, Division 4A on expert evidence inserted by the 2016 amendments). The table also includes footnotes clarifying repeals and cross‑references; for instance, the Medical Act 1894 reference notes subsequent repeal and replacement in later legislation as a contextual record. Several amendments modernised electronic filing, clarified times for filing, and introduced the experts’ conference and concurrent evidence procedures.

Practitioners should consult the compilation table and the particular amendment instrument for the exact provisions and commencement dates if timing of a particular rule matters for a case. The Rules themselves show where individual rules were inserted, amended or deleted and provide the Gazette citations in the margin to allow tracking back to amending instruments.

The Rules document does not record case law decisions. It is a statutory instrument that references the Act and enabling Acts and provides a compilation table of legislative amendments and commencement dates. The Rules do not name judicial decisions or provide a digest of litigation outcomes under them. Accordingly:

There are no reported court or Tribunal decisions listed in the Rules text itself; the instrument does not supply litigation history or case citations.
The Rules do provide mechanisms that are frequently litigated in practice , such as challenges to the Tribunal’s exercise of discretion to extend time (rule 10), orders on costs and assessment (rules 42-43), admissibility and use of expert joint statements (rule 39B), and decisions concerning protected matter and confidentiality (rule 13) , but the Rules do not catalogue authority on those points.
The practitioner needing litigation history must consult case reports, Tribunal decisions and appellate judgments interpreting the Act and these Rules; those materials are outside the text of this instrument.

The Rules’ absence of internal litigation references means legal argument about the application of a rule must be constructed from the text and from external authorities , decisions of the Tribunal, intermediate courts and appellate courts , which are not supplied in this instrument.

The Rules contain procedural traps and timing points that practitioners must observe carefully. The following are specific, rule‑based items that commonly cause issues:

Electronic filing timing and proof: Filing by ECMS is authoritative for time and date (rule 6A(a)), and ECMS entries also authenticate decisions and summonses if confirmed by the executive officer or a member (rules 19, 24A). Where a practitioner files outside ECMS (post or fax), rule 6A(b) treats receipt before or after 4.30 pm differently. Practitioners should keep copies and ensure ECMS confirmations , the Rules require a filer to keep a copy and produce it if ordered (rule 5(2)).

Acceptance dependency on fee payment: An application is only taken to be accepted when filed correctly and the executive officer is satisfied the prescribed fee has been paid (rule 7(1)). Fee payment is therefore an administrative gate. The Rules refer to prescribed fees in the Regulations; failure to pay the fee at filing may cause non‑acceptance and the executive officer must notify the sender (rule 7(3)).

Service particulars and change of contact details: A change of contact details is not effective between parties until the notice is filed and given to the relevant person (rule 15A(3)). Practically, this means a party who relies on notifying the Tribunal only must ensure the change is also given to notifiable persons to avoid service defects. Addresses for service must be within WA (rule 34(1)); electronic addresses are permitted under conditions but rely on practice notes and consent (rule 33(2)(c)-(d), rule 34(4)-(5)).

Notice of representation strictness: Legal practitioners or agents must file notice of representation within seven days of instruction (rule 34(6)); failure to comply prevents them from appearing or filing (rule 34(7)). Where the State Solicitor or certain institutional representatives appear, rule 34(6) and (7) may not apply in specific enabling Act contexts (see rules 51, 63, 64). Practitioners must ensure immediate compliance when receiving instructions.

Protected matter handling: A party claiming protected matter must file a list identifying protected documents and divide bundles into Part A and sealed Part B, excising protected content from Part A where documents are mixed (rule 13(1)-(2c)). There is a tight timing obligation , any application under Act ss159 or 160 must be made to the President within 14 days of receipt of that list (rule 13(3)). Failure to follow the Part A/Part B procedure risks disclosure or procedural challenge.

Experts’ confidentiality and admissibility: Where experts are ordered to confer, evidence of what was said in the conference other than the joint statement is inadmissible without leave (rule 39B(4)). If the joint statement is admitted, parties cannot adduce inconsistent evidence without leave (rule 39B(6)). Parties must therefore take care when instructing experts about what communications might later be disclosed or rely on these constraints if considering cross‑examination strategies.

Settlement offer mechanics and costs consequences: Offers unspecified as to prejudice are treated as without prejudice (rule 40(2)). An open offer must remain open for at least 14 days if a minimum period is specified (rule 41(2)). A party cannot withdraw an open offer without Tribunal permission and the Tribunal may examine a without‑prejudice offer for the sole purpose of deciding about permission, after which the examining member must not take further part (rules 41(3)-(5)). Refusal to accept a more favourable offer can be reflected in costs (rule 42). Practitioners must manage timing and documentation of offers carefully.

Summons and production timelines: A request for issue of a summons must generally be made at least 14 days before the return date (rule 24(1)). If a third party produces documents to the executive officer at least 48 hours prior to the return date they need not attend unless ordered or required to give evidence (rule 24(5)). Timing here affects tactical uses of summonses and document production.

Representation permissions that depart from general rules: Part 3 authorises specific non‑lawyer or institutional representation arrangements in many enabling Acts (rules 49, 52, 57, 61, 63). Practitioners must check the enabling Act’s tailored rule rather than assume the general rule on representation applies.

Substituted or informal service: The Tribunal may order substituted service where the prescribed methods are impractical (rule 36), but substituted service requires procedural application and may include fixed deeming events. Parties should not rely on substituted service without an order.

Authentication and finality: Authentication by ECMS entry requires confirmation by a member or executive officer (rule 19). Parties relying on the timing of decisions or orders should check the method of authentication to avoid disputes about exact timing.

These “gotchas” are concrete procedural failure points embedded in the Rules. Practitioners should map the Rules to their case plan and calendar deadlines, and verify whether practice notes or directions have altered the practical operation of any rule.

This compliance checklist translates the Rules’ mechanical obligations into practical steps. Each step cites the relevant rule(s) so practitioners can verify the source text.

Choose and complete the approved form(s)
- Use forms approved by the President (rule 47(1)).
- Complete forms substantially in the approved format; the executive officer may accept forms that are substantially in form and substantially completed (rule 47(3)).
File early and by ECMS where possible
- File at a Tribunal office, by pre‑paid post, fax to an approved fax number in a practice note, or by ECMS (rule 4(1), rule 5(1)(a)).
- Prefer ECMS for precise time‑stamping , ECMS time records determine filing time (rule 6A(a)); if filing other than by ECMS, note the 4.30 pm cut‑off (rule 6A(b)).
Ensure the filing package is complete and legible
- Attach all documents required by the Act, enabling Act, Rules, practice note or approved form (rule 4(2)).
- Ensure everything is legible; ECMS uploads must be printable in original format (rule 6).
Pay prescribed fees on filing
- An application is accepted only when the executive officer is satisfied the prescribed fee has been paid (rule 7(1)(b)). Check the Regulations for the fee schedule referenced by the Rules.
Serve copies within required times
- Give copies of an application to notifiable persons and parties immediately, and in any event within seven days after acceptance (rule 26(1)).
- If you are a referring person give the applicant a copy within one day of acceptance (rule 26(2)).
- Check exemptions; e.g. rule 27 exempts certain referring persons.
Comply with address for service and representation notices
- Provide an address for service within Western Australia (rule 34(1)).
- If representing a party, file a notice of representation within seven days of receiving instructions and give copies to other parties (rule 34(6)-(6)(b)).
- When ceasing representation, file notice within seven days (rule 34(8)).
Manage contact details changes correctly
- File a notice of change and give a copy to notifiable persons; changes are not effective between parties until so filed and given (rule 15A(1)-(3)).
Prepare for disclosure and protected matter procedures
- If claiming protected matter, file a list identifying those documents without disclosing protected content and prepare Part A and sealed Part B bundles; excise protected material from Part A where documents mix protected and non‑protected content (rule 13(1)-(2c)).
- Be ready to apply to the President under Act ss159/160 within 14 days after receipt of the list if you challenge a protected matter designation (rule 13(3)).
Observe expert evidence rules and obligations
- Advise experts of their statutory duties to be impartial and independent and to assist the Tribunal (rule 39A).
- If the Tribunal orders, arrange a pre‑hearing expert conference in the absence of parties and prepare a joint statement (rule 39B). Preserve confidentiality of conference discussions unless the Tribunal permits disclosure (rule 39B(3)-(4)).
- Prepare experts for concurrent evidence if directed (rule 39C).
Use settlement offer procedures correctly
- When making a settlement offer, specify whether it is with or without prejudice; an unspecified offer is treated as without prejudice (rule 40(1)-(2)).
- Ensure offers specifying payment of money include the amount and timing/method of payment (rule 40(4)).
- Keep offers open for the period stated; do not withdraw an open offer without Tribunal permission (rule 41(1), (3)).
When requiring third‑party documents, follow summons procedures
- Apply for a summons in an approved form and generally allow at least 14 days before the return date (rule 24(1)).
- Serve the summons by personal service (rule 25(2)) and provide conduct money when serving a witness summons (rule 25(4)).
- If a third party produces material to executive officer 48 hours before return, they may avoid attendance unless otherwise ordered (rule 24(5)).
Prepare for the costs regime
- Apply for costs within 21 days of the orders concerned (rule 42A).
- If the Tribunal orders costs but does not fix the amount, expect the executive officer or a nominated member to assess or settle the amount (rule 43(1)-(2)).
- Remember the Tribunal will take into account rejection of favourable settlement offers when awarding costs (rule 42).
Observe summons and service formalities
- Personal service, pre‑paid post and ordinary service have distinct rules and timing consequences (rules 31-33). Check the proper address and the methods permitted for companies, incorporated associations and unincorporated associations (rule 28(c)-(e), rule 31(1)(b)-(c)).
When in doubt, seek Tribunal relief early
- If procedural strictness threatens your client (delay, improper service, inability to meet a requirement), file an application for extension or relief under rule 10 or invoke the Tribunal’s power to dispense with rule compliance under rule 46 and relief under rule 22.
Monitor practice notes and directions
- Many operational details are set in practice notes or directions under the Act s33 and the Rules (for example approved fax numbers, ECMS guidance, and filing manners) (rule 4(4), rule 5(1)(a)). Check for the latest practice notes.
Check enabling Act special rules in Part 3
- For proceedings under a particular enabling Act, read the corresponding special rule in Part 3 before assuming the general Rules apply unchanged (rules 48-64 contain multiple tailored provisions).

Following this checklist and citing the Rules where necessary will address the procedural duties imposed by the instrument. Where the Tribunal’s discretion is engaged , for example, in seeking substituted service, extension of time, or relief from rules , apply early and provide evidence of prejudice and reasonableness, keeping in mind the Tribunal’s broad discretionary powers under rules 10, 22, 36 and 46.

Deep Dive

What it does

Current sections