South Australian Current Acts

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SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Relevant Acts prevail

   PART 2--South Australian Civil and Administrative Tribunal

           Division 1--Establishment of Tribunal

   5.      Establishment of Tribunal
   6.      Jurisdiction of Tribunal
   7.      Tribunal to operate throughout State

           Division 2--Main objectives of Tribunal

   8.      Main objectives of Tribunal

           Division 3--Members of Tribunal

              Subdivision 1--The members

   9.      The members

              Subdivision 2--The President

   10.     Appointment of President
   11.     President's functions generally
   12.     Acting President

              Subdivision 3--The Deputy Presidents

   13.     Number of Deputy Presidents
   14.     Appointment of Deputy Presidents
   15.     Deputy President's functions generally
   16.     Acting Deputy Presidents
   17.     Supplementary Deputy Presidents

              Subdivision 4--Magistrates

   18.     Magistrates

              Subdivision 5--Senior members and ordinary members

   19.     Appointment of senior members and ordinary members
   20.     Member ceasing to hold office and suspension
   21.     Supplementary members

              Subdivision 6--Assessors

   22.     Assessors

           Division 4--Constitution of Tribunal and its decision-making processes

   23.     Constitution of Tribunal
   24.     Who presides at proceedings of Tribunal
   25.     Decision if 2 or more members constitute Tribunal
   26.     Determination of questions of law

           Division 5--Related matters

   27.     Streams
   28.     Validity of acts of Tribunal
   29.     Disclosure of interest by members of Tribunal
   30.     Delegation

   PART 3--Jurisdiction

           Division 1--Preliminary

   31.     Sources of jurisdiction
   32.     Kinds of jurisdiction

           Division 2--Original jurisdiction

   33.     Original jurisdiction

           Division 3--Review jurisdiction

   34.     Decisions within review jurisdiction
   35.     Decision-maker must assist Tribunal
   36.     Effect of review proceedings on decision being reviewed
   37.     Decision on review
   38.     Tribunal may invite decision-maker to reconsider decision

   PART 3A--Diversity proceedings

   38A.    Interpretation
   38B.    Transfer of applications involving federal diversity jurisdiction to Magistrates Court
   38C.    Magistrates Court proceedings, jurisdiction, powers and functions etc
   38D.    Modifications of certain functions, powers and procedures etc
   38E.    Compulsory conferences
   38F.    References to Tribunal in other Acts or regulations
   38G.     Bailiffs
   38H.    Relationship of this Part to this Act and other laws
   38I.    Enforcement, variation or revocation of purported orders

   PART 4--Principles, powers and procedures

           Division 1--Principles governing hearings

   39.     Principles governing hearings

           Division 2--Evidentiary powers

   40.     Power to require person to give evidence or to produce evidentiary material
   41.     Entry and inspection of property
   42.     Expert reports

           Division 3--Procedures

   43.     Practice and procedure generally
   44.     Directions for conduct of proceedings
   45.     Consolidating and splitting proceedings
   46.     More appropriate forum
   47.     Dismissing proceedings on withdrawal or for want of prosecution
   48.     Frivolous, vexatious or improper proceedings
   49.     Proceedings being conducted to cause disadvantage

           Division 4--Conferences, mediation and settlement

   50.     Conferences
   51.     Mediation
   52.     Settling proceedings

           Division 5--Parties

   53.     Parties
   54.     Person may be joined as party
   55.     Intervening

           Division 6--Representation

   56.     Representation

           Division 7--Costs

   57.     Costs
   58.     Costs--related matters

           Division 8--Other procedural and related provisions

   59.     Sittings
   60.     Hearings in public
   61.     Preserving subject matter of proceedings
   62.     Security as to costs etc
   63.     Interlocutory orders
   64.     Conditional, alternative and ancillary orders and directions
   65.     Special referees
   66.     Relief from time limits
   67.     Electronic hearings and proceedings without hearings
   68.     Completion of part-heard matters
   69.     Other claims of privilege

   PART 5--Reviews and appeals

           Division 1--Internal reviews

   70.     Internal reviews

           Division 2--Appeals

   71.     Appeals

           Division 3--Related matters

   72.     Reservation of questions of law
   73.     Effect of review or appeal on decision

   PART 6--Staff

           Division 1--Registrars

   74.     Registrars
   75.     Functions of registrars
   76.     Delegation

           Division 2--Other staff of Tribunal

   77.     Other staff of Tribunal

           Division 3--Use of services or staff

   78.     Use of services or staff

   PART 7--Miscellaneous

   79.     Immunities
   80.     Protection from liability for torts
   81.     Protection for compliance with Act
   82.     Alternative orders and relief
   83.     Power to cure irregularities
   84.     Correcting mistakes
   85.     Tribunal may review its decision if person was absent
   86.     Tribunal may authorise person to take evidence
   87.     Miscellaneous provisions relating to legal process and service
   88.     Proof of decisions and orders of Tribunal
   89.     Enforcement of decisions and orders of Tribunal
   89A.    Bailiffs
   90.     Accessibility of evidence
   91.     Costs of proceedings
   92.     Annual report
   93.     Additional reports
   93A.    Disrupting proceedings of Tribunal
   93B.    False or misleading statements
   94.     Rules
   95.      Regulations
   96.      Review
           Legislative history
           The Parliament of South Australia enacts as
           follows:


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