Western Australian Current Acts

STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 104

104 .         Review by Supreme Court

        (1)         A person who has not been released by the Tribunal under section 102(2)(b) or whose release under that provision is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release the person or of the terms of one or more of those conditions.

        (2)         The Supreme Court may do either or both of the following —

            (a)         affirm or set aside a decision by the Tribunal not to release the person or any condition imposed by the Tribunal on the release of the person;

            (b)         make any order that the Tribunal may make in relation to the detention or release of the person.

        (3)         The Supreme Court may also exercise its powers under subsection (2) where the Tribunal has not made a decision within a reasonable time on the release of the person.

        (4)         An order under subsection (2) is taken to be an order of the Tribunal.