South Australian Current Acts South Australian Current Acts158—Review of decisions by South Australian Civil and Administrative
Tribunal
(1) Subject to this
section, the South Australian Civil and Administrative Tribunal is, by force
of this section, conferred with jurisdiction to deal with matters consisting
of the review of the following decisions ("reviewable decisions ):
(a) a
decision of the Chief Executive under Chapter 7 (other than a decision
under Part 4 of that Chapter);
(b) any
other decision under this Act declared by the regulations to be a reviewable
decision.
(a) a
decision referred to in subsection (1) that comprises a prescribed child
protection complaint (within the meaning of section 28A of the
Health and Community Services Complaints Act 2004 ) will be taken not to
be a reviewable decision; and
(b) a
decision referred to in subsection (1) will only be taken to be a
reviewable decision if a review under section 157 has been conducted in
respect of the decision.
(3) An application for
review of a reviewable decision may be made to the South Australian Civil and
Administrative Tribunal by—
(a) in
the case of a decision under section 72, 99 or 105—the applicant in
relation to the relevant decision; or
(b) in
the case of a decision under section 74, 100 or 106—the person,
foster care agency or children's residential facility to which the relevant
decision relates (as the case requires); or
(c) in
the case of any other decision—a person or persons prescribed by the
regulations for the purposes of this paragraph.
(4) An application
must be made within 28 days after the applicant receives notice of the results
of the relevant review under section 157 (or such longer period as the
Tribunal may allow).
(5) However, the South
Australian Civil and Administrative Tribunal may only allow an extension of
time under subsection (4) if satisfied that—
(a)
special circumstances exist; and
(b)
another party will not be unreasonably disadvantaged because of the delay in
commencing the proceedings.