South Australian Numbered Acts South Australian Numbered Acts69—Amendment of section 84—Appeals
(1)
Section 84(a1)—delete the definition of "relevant appeal authority
and substitute:
"Appeal Panel" means the Housing Appeal Panel constituted under Part 3A
of the South Australian Housing Trust Act 1995 .
(2)
Section 84(1)(c)—delete "the Authority" and substitute:
SAHT or the Minister
(3)
Section 84(2)—delete "and be addressed to the relevant appeal
authority"
(4)
Section 84(3)—delete subsection (3) and substitute:
(3) An application
under subsection (1)(a) or (b) will be made to the Appeal Panel and an
application under subsection (1)(c) will be made, at first instance, to
the Chief Executive of the Department.
(5)
Section 84(6)—delete "where the Authority is the relevant appeal
authority" and substitute:
where the Appeal Panel is acting on an application under
subsection (1)(a) or (b)
(6)
Section 84(6)(a)—delete "the Authority" wherever occurring and
substitute, in each case:
the Appeal Panel
(7)
Section 84(6)(b)—delete paragraph (b)
(8)
Section 84(6)(c)—delete "the Authority" wherever occurring and
substitute, in each case:
the Appeal Panel
(9)
Section 84(6)(d)—delete "the Authority" wherever occurring and
substitute, in each case:
the Appeal Panel
(10) Section 84(7),
(8) and (9)—delete subsections (7), (8) and (9) and substitute:
(7) If an application
is made under subsection (1)(a) or (b) and the Appeal Panel is satisfied
that an interim order is justified by the urgent circumstances of the case,
the Appeal Panel may make an interim order to safeguard the position of a
person pending the final resolution of the matter.
(8) An interim order
under subsection (7)—
(a) has
effect for such period, not exceeding 2 months, as the Appeal Panel may
determine and specifies in the order, and may be renewed by the Appeal Panel
for a further period of up to 2 months;
(b)
unless sooner revoked, ceases to have effect on the determination or
resolution of the relevant matter under this section.
(9) The following
provisions apply where an application is made under subsection (1)(c):
(a) the
matter must first be considered under a review system that is the same as the
review system that applies under section 32C of the South Australian
Housing Trust Act 1995 , subject to the qualification that a proposal
arising from the review to vary or revoke a decision made personally by the
Minister should be referred to the Minister (and the Minister may then take
such action as the Minister thinks fit, including to affirm, vary or revoke
his or her original decision, or to substitute a new decision);
(b)
except where a matter is referred to the Minister under paragraph (a), a
housing co-operative may apply to the Appeal Panel for review of a decision
that applies to the housing co-operative at the conclusion of a review under
paragraph (a), subject to the qualification that the application must be
made within—
(i)
the prescribed period after the day on which a written
statement setting out the outcome of the relevant review is furnished to the
housing co-operative under the review system; or
(ii)
such longer period as the Appeal Panel may allow;
(c) on
an appeal—
(i)
the question to be determined by the Appeal Panel is
whether the decision that has been made is correct and preferable taking into
account any policy that applies in the relevant case and such other matters
that appear to the Appeal Panel to be appropriate in the circumstances; and
(ii)
the Appeal Panel may, after hearing the appeal and
conducting such inquiries as the Appeal Panel thinks fit—
(A) confirm, vary or revoke the decision to
which the proceedings relate;
(B) refer the matter back to SAHT or the
Chief Executive, with such suggestions as the Appeal Panel thinks fit;
(C) make incidental or ancillary orders;
and
(iii)
the Appeal Panel must, after making a decision under
subparagraph (ii), ensure that the parties to the proceedings are
provided with a written statement setting out the Appeal Panel's decision and
the reasons for the decision.
(11)
Section 84(11)—delete "The relevant authority" and substitute:
A person or body with authority to act under this section
(12)
Section 84—after subsection (11) insert:
(11a) In addition, the
Appeal Panel may decline to hear a matter, or may suspend any hearing or other
consideration of a matter, if the Appeal Panel considers or is satisfied
that—
(a) the
applicant should have sought to resolve the matter through a mediation or
conciliation process; or
(b) the
applicant in the proceedings has failed to take a step relevant to the conduct
or subject matter of the proceedings within a reasonable time; or
(c) the
matter is not suitable for consideration, or further consideration, by the
Appeal Panel for some other reason.