STATE ADMINISTRATIVE TRIBUNAL ACT 2004

Western Australian Current Acts

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STATE ADMINISTRATIVE TRIBUNAL ACT 2004

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4. What it means to bring or conduct proceeding vexatiously
5. Enabling Act prevails
6. Crown bound
7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

PART 2 -- The State Administrative Tribunal

7. Tribunal established
8. Tribunal’s jurisdiction
9. Main objectives of Tribunal
10. Tribunal to operate throughout State
11. Who constitutes Tribunal
12. Contemporaneous exercise of Tribunal’s jurisdiction

PART 3 -- Jurisdiction of the Tribunal

Division 1 -- Preliminary matters

13. Sources of jurisdiction
14. Kinds of jurisdiction

Division 2 -- Original jurisdiction

15. What comes within original jurisdiction
16. Exercising original jurisdiction

Division 3 -- Review jurisdiction

Subdivision 1 -- General provisions

17. What comes within review jurisdiction
18. Exercising review jurisdiction
19. Relationship of statutory right of review to judicial review

Subdivision 2 -- Information about reviewable decision

20. Notice of decision and right to have it reviewed to be given by decision-maker
21. Statement of reasons for decision, request for etc.
22. Tribunal may order decision-maker to provide reasons
23. Exceptions to what has to be provided
24. Decision-makers to give Tribunal reasons etc. for decisions being reviewed

Subdivision 3 -- The review

25. Effect of review proceedings on decision being reviewed
26. After review commenced, decision-maker’s powers restricted
27. Nature of review proceedings
28. Government policy, when Tribunal to consider
29. Tribunal’s powers in review jurisdiction
30. Decision-maker to assist Tribunal
31. Tribunal may invite decision-maker to reconsider decision

PART 4 -- Tribunal’s procedures

Division 1 -- Introduction

32. Practice and procedure, generally
33. Practice notes
34. Directions for conduct of proceedings
35. Obtaining information from third parties
36. Who are parties to proceedings
37. Intervening in proceeding
38. Joining person as party to proceeding
39. Representation in proceedings
40. Tribunal may appoint representative or guardian
41. Interpreters

Division 2 -- Preliminary procedures

42. Commencing proceeding
43. Fee for commencing proceeding
44. Tribunal may reject application or accept it conditionally
45. Who has to be given copy of application
46. Dismissing proceeding on withdrawal or for want of prosecution
47. Frivolous etc. proceedings, dismissal of etc.
48. Proceedings being conducted to cause disadvantage, Tribunal’s powers as to
49. No new application after dismissal etc. under s. 46, 47 or 48 without leave
50. More appropriate forum
51. Consolidating proceedings
51A. Splitting proceedings
52. Compulsory conference
53. Failure to attend compulsory conference
54. Mediation
55. Evidence of certain things at compulsory conference or mediation inadmissible later
56. Settling proceedings

Division 3 -- Proceedings and hearings

57. Who presides
58. Decision of Tribunal if 2 or more sitting members
59. Questions of law, deciding
60. Electronic hearings and proceedings without hearings
61. Hearings to be public; exceptions
62. Publishing evidence etc. given at proceeding, restrictions as to
63. Notice of hearings
64. Experts etc., Tribunal may appoint to assist
65. Special referees
66. Summoning witnesses
67. Powers relating to witnesses
68. Privilege against self-incrimination
69. Other claims of privilege
70. Oaths and affirmations
71. Tribunal may authorise person to take evidence
72. Tribunal may inspect etc. documents etc. produced

Division 4 -- Decisions made by Tribunal

73. Conditional and ancillary orders and directions
74. Decisions, form of
75. To whom copy of written decision has to be given
76. Time limit for reserved decision
77. Reasons for final decision
78. Written reasons may be requested
79. Written decision or reasons using transcript
80. Restricted publication of reasons for decision in some cases
81. Validity of decision not affected by breach of this Division
82. When decision has effect
83. Correcting mistakes
84. Tribunal may review its decision if person was absent
85. Monetary orders, enforcement of
86. Decisions (not monetary orders), enforcement of

Division 5 -- Costs

87. Costs of parties and others
88. Costs of proceeding
89. Costs, assessment of if not fixed

Division 6 -- Other procedural provisions

90. Interim injunctions, granting of
91. Declarations, making and effect of
92. Relief from procedural requirements
93. Minor proceedings, applicant in may elect no hearing etc.
94. Appeals etc. to Supreme Court, documents etc. relating to

Division 7 -- Offences

95. Failing to comply with decision
96. Failing to comply with summons
97. Failing to give evidence as required
98. Giving false or misleading information
99. Misbehaviour, obstruction etc.
100. Contempt

Division 8 -- Arrest warrants

101. Powers in this Division exercisable by only judicial member
102. Arrest of person disobeying summons
103. Conditional release of arrested person
104. Review by Supreme Court

PART 5 -- Appeals from Tribunal’s decisions

105. Appeal from Tribunal’s decision
106. Effect of appeal on decision appealed against

PART 6 -- Tribunal’s membership and other provisions

Division 1 -- Members of the Tribunal

Subdivision 1 -- Kinds of members

107. Tribunal members

Subdivision 2 -- President

108. Appointment of President
109. Term of President’s appointment
110. Vacating office prematurely
111. President’s status as Supreme Court judge

Subdivision 3 -- Deputy President

112. Appointment of Deputy President
113. Term of Deputy President’s appointment
114. Vacating office prematurely
115. Deputy President’s status as District Court judge

Subdivision 4 -- Ex officio members

116. Magistrates to be ex officio members

Subdivision 5 -- Other members

117. Appointment of non-judicial members
118. Term of non-judicial member’s appointment
119. Conditions of service of non-judicial member
120. Non-judicial members engaging in other employment, restrictions on
121. Code of conduct for non-judicial members
122. Suspending non-judicial member
123. Terminating appointment of non-judicial member, grounds for
124. Investigating suspended non-judicial member
125. Action on investigator’s report
126. Deciding whether to recommend termination
127. Vacating office of non-judicial member prematurely

Division 2 -- Acting and supplementary members

Subdivision 1 -- Acting President

128. Appointment of acting President
129. Terminating appointment as acting President prematurely
130. Acting President’s status as Supreme Court judge
131. Deputy President may act as President in some cases
132. Deputy President’s allowance for acting as President
133. Consequences of acting as President

Subdivision 2 -- Acting Deputy President

134. Appointment of acting Deputy President
135. Terminating appointment of acting Deputy President prematurely
136. Acting Deputy President’s status as District Court judge
137. Consequences of acting as Deputy President

Subdivision 3 -- Supplementary judicial members

138. Supplementary President, appointment of etc.
139. Supplementary President’s status as Supreme Court judge
140. Supplementary Deputy Presidents, appointment of etc.
141. Supplementary Deputy President’s status as District Court judge

Division 3 -- Other matters about Tribunal members

142. Fixing the period of appointment
142A. Oath of office
143. Training
144. Disclosure of interests
145. Completing matters after member’s appointment expires

PART 7 -- Administration

146. Responsibility for administering Act
147. President to advise Minister
148. Executive officer and other staff of Tribunal
149. Delegation by judicial member
150. Annual etc. reports of Tribunal
151. Laying reports before House of Parliament not sitting

PART 8 -- Other matters

152. Seals of Tribunal
153. Judicial notice to be taken of some things
154. Validity of decisions not affected by some things
155. Register of proceedings
156. Publication of Tribunal’s decisions
157. Tribunal members etc. not to disclose etc. certain information
158. Persons given certain information not to disclose it etc.
159. Which disclosures would be contrary to public interest
160. Protected matter, Tribunal’s duties as to
161. Freedom of Information Act 1992, application of
162. Parliamentary privilege not affected
163. Immunity etc. of Tribunal members, parties, witnesses etc.
164. Protection from liability for torts
165. Protection for compliance with this Act
166. Protection from defamation proceedings
167. Statutory transfer of jurisdiction to Tribunal, consequences of
168. Arrangements with Ombudsman
169. Regulations
170. Rules of Tribunal
171. Fees for proceedings etc. in Tribunal
172. Rules Committee
173. Legislative Council inquiry
SCHEDULE 1 -- Relevant Acts for section 105
SCHEDULE 2 -- Oath and affirmation of office

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