South Australian Current Acts South Australian Current Acts (1) A right of appeal
lies to the Supreme Court against—
(a) a
decision by the Tribunal on an application for the grant, renewal or
revocation of an exemption; or
(b) a
decision or order made by the Tribunal in proceedings under this Part.
(2) An appeal under
this section may be made by a party to the proceedings to which the appeal
relates.
(3) The following
provisions operate in connection with the application of section 71 of the
South Australian Civil and Administrative Tribunal Act 2013 in relation
to an appeal under this section:
(a)
section 71(2), (2a) and (3a) of the South Australian Civil and Administrative
Tribunal Act 2013 do not apply;
(b) if
the reasons of the Tribunal were not given in writing at the time of the
making of a decision or order and the appellant then requested the Tribunal to
state its reasons in writing, the time for instituting the appeal under
section 71 of the South Australian Civil and Administrative Tribunal
Act 2013 runs from the time when the written statement of those reasons
is given to the appellant;
(c) an
appeal under this section must be conducted as a review of the decision or
order of the Tribunal;
(d) the
Supreme Court may, on the hearing of an appeal, exercise 1 or more of the
following powers:
(i)
affirm, vary or quash the decision or order appealed
against, or substitute, or make in addition, a decision or order that should
have been made in the first instance;
(ii)
remit the subject matter of the appeal to the Tribunal
for further hearing or consideration or for rehearing;
(iii)
make any order as to costs or any other matter that the
justice of the case requires.