South Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 (NO 59 OF 2013) - SECT 71

71—Appeals

        (1)         Subject to this section and to any provision of a relevant Act as to the review of, or appeal against, a decision of the Tribunal, an appeal lies—

            (a)         in the case of a decision of the Tribunal

                  (i)         constituted of a Presidential member of the Tribunal; or

                  (ii)         constituted of 2 or 3 members including a Presidential member,

to the Full Court of the Supreme Court; or

            (b)         in any other case—to the Supreme Court constituted of a single Judge.

        (2)         An appeal under this section is only by leave of the Supreme Court (but this principle may be displaced or modified by the provisions of a relevant Act).

        (3)         An appeal must be instituted within 1 month of the making of the decision to which the appeal relates but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that period (even if the time for instituting the appeal has expired).

        (4)         The Supreme Court may, on an appeal under this section—

            (a)         affirm the decision appealed against; or

            (b)         vary the decision appealed against; or

            (c)         set aside the decision appealed against and—

                  (i)         substitute a new decision; or

                  (ii)         return the matter to the Tribunal for reconsideration in accordance with any directions or recommendations that the Court considers appropriate.

        (5)         The Supreme Court may, on an appeal, make any interim, ancillary or consequential order that the Court considers appropriate.

        (6)         The regulations may prescribe scales of costs that are payable in respect of proceedings before the Supreme Court on an appeal under this section (and if a regulation is made under this section then the costs so prescribed will apply in substitution for any costs under the Supreme Court Act 1935 ).

Division 3—Related matters



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback