Western Australian Current Acts

STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 20

20 .         Notice of decision and right to have it reviewed to be given by decision-maker

        (1)         If this subsection applies to a reviewable decision, the decision-maker is to give any person who has a right under an enabling Act or section 44(3) to have the decision reviewed by the Tribunal written notice of —

            (a)         the decision; and

            (b)         that right.

        (2)         Subsection (1) applies to any reviewable decision unless —

            (a)         the decision does not adversely affect the interests of the person who has that right and —

                  (i)         it is a decision not to impose a liability, penalty, or any kind of limitation, on a person; or

                  (ii)         it is made under an enabling Act that establishes several categories of entitlement to a monetary or other benefit, and it determines a person to be in the most favourable of those categories;

                or

            (b)         the decision is prescribed by the regulations for the purposes of this paragraph.

        (3)         If the persons who have to be given notice under subsection (1) are not readily identifiable, the decision-maker is to take steps that are reasonable in the circumstances to give the notice.

        (4)         A contravention of this section does not affect the validity of the decision.

        (5)         If subsection (1) applies in a case in which a person has failed to make a decision within the time limit for making the decision, the person may, if the enabling Act permits, make the decision instead of giving notice under subsection (1).