South Australian Current Acts South Australian Current Acts (1) If a person is
subject to a direction under this Part that the person must isolate or
quarantine at a place other than the person's place of residence or another
location chosen by the person, the person may apply to the Magistrates Court
for a review of the direction.
(2)
Subsection (1) does not apply in relation to a direction continued in
force pursuant to Schedule 2 clause 2 of the South Australian Public
Health (COVID-19) Amendment Act 2022 .
(3) An application
under subsection (1) may be instituted at any time during the currency of
the direction (and, subject to subsection (4), more than
1 application may be made while a direction is in force).
(4) If a second or
subsequent application is made with respect to the same direction, the
Magistrates Court must first consider whether there has been a significant
change in the material circumstances of the case and should, unless the
Magistrates Court in its discretion determines otherwise, decline to proceed
with the application (if it appears that the proceedings would simply result
in a rehearing of the matter without such a change in circumstances).
(5) The following
provisions will apply in connection with an application under
subsection (1):
(a) the
making of an application does not suspend the operation of a direction to
which the application relates (and the Magistrates Court must not suspend or
stay the operation of the direction pending the outcome of the proceedings);
(b) the
Magistrates Court must consider whether 2 or more applications by
separate individuals may be joined or heard together taking into account:
(i)
the extent to which it is impractical or unreasonable for
individual applications to be heard separately in view of the number of
applications before the court; and
(ii)
the extent to which there are questions of fact or law
that are sufficiently similar or common across a series of applications; and
(iii)
the extent to which the directions across a series of
applications are the same or similar; and
(iv)
such other matters as the court thinks fit in order to
best manage the applications in the circumstances;
(c) the
Chief Magistrate may make such orders as the Chief Magistrate thinks fit
(either in a specific case, in a specific class of cases, or generally with
respect to applications under subsection (1)) to assist in dealing with
the management and hearing of applications under subsection (1) (and any
such order will have effect according to its terms).
(6) Subject to
complying with subsection (4), the Magistrates Court may, on hearing an
application under subsection (1)—
(a)
confirm, vary or revoke a direction;
(b)
remit the subject matter to the person who gave a direction for further
consideration;
(c)
dismiss the matter;
(d) make
any consequential or ancillary order or direction, or impose any conditions,
that it considers appropriate.
(7) The Magistrates
Court may only revoke a direction under subsection (6) if satisfied that
the direction is no longer reasonably necessary in the interests of
public health.
(8) The Magistrates
Court is to hear and determine an application under subsection (1) as
soon as is reasonably practicable.
(9) A party to
proceedings on an application under subsection (1) may appeal against a
decision of the Magistrates Court under subsection (6).
(10) An appeal under
subsection (9) will be to the District Court.
(11) The following
provisions will apply in connection with an appeal under subsection (9):
(a) the
making of the appeal does not suspend the operation of a direction that has
been confirmed by the Magistrates Court and the District Court may, as it
thinks fit, make any other order with respect to the operation of any other
direction that has been varied or revoked by the Magistrates Court (including,
if the District Court thinks fit, to reinstate or vary an original direction
on an interim basis pending the outcome of the appeal);
(b) the
District Court must consider whether 2 or more appeals by separate
individuals may be joined or heard together taking into account:
(i)
the extent to which it is impracticable or unreasonable
for individual appeals to be heard separately in view of the number of appeals
before the court; and
(ii)
the extent to which there are common questions or issues
across a series of appeals; and
(iii)
such other matters as the court thinks fit in order to
best manage the appeals in the circumstances;
(c) the
Chief Judge may make such orders as the Chief Judge thinks fit to assist in
dealing with the management and hearing of appeals under subsection (9)
(and any such order will have effect according to its terms).
(12) The
District Court may, on an appeal under subsection (9)—
(a)
confirm or vary the decision of the Magistrates Court, or substitute its own
decision;
(b) make
any consequential or ancillary order or direction that it considers
appropriate.
(13) The
District Court is to hear and determine an appeal under subsection (9) as
soon as is reasonably practicable.
(14) An appeal under
subsection (9) will be heard in the Administrative and Disciplinary
Division of the District Court (but will not be subject to the application of
Subdivision 2 of Part 6 Division 2 of the
District Court Act 1991 ).
(15) A person subject
to a direction who is a party to proceedings before a court under this section
is not entitled to attend those proceedings but is entitled to be represented
at any hearing by a person (who need not be a legal practitioner) nominated by
them and the court must, if reasonably practicable, allow the person who is
subject to the direction to participate in the proceedings by the use of an
audio visual link or an audio link.
(16) A court must, in
dealing with proceedings under this section, take into account the need to
ensure that its proceedings do not unduly hamper the work of public officials
in dealing with the COVID-19 pandemic.