Western Australian Current Acts

STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 44

44 .         Tribunal may reject application or accept it conditionally

        (1)         Unless otherwise stated in the rules, the executive officer may reject an application on the ground that —

            (a)         it is made by a person not entitled to make it; or

            (b)         it is made after the time limit before which the application is required by the rules or the enabling Act to be made; or

            (c)         it does not otherwise comply with this Act or the enabling Act.

        (2)         If the executive officer accepts an application, the executive officer may impose conditions of a kind specified by the rules on the acceptance.

        (3)         If, under subsection (1) or (2), the executive officer rejects an application or accepts an application on conditions —

            (a)         the applicant may request the executive officer to refer to the Tribunal for a review of the decision to reject the application or accept the application on conditions or a review of any condition imposed; and

            (b)         the executive officer is to refer the decision or condition to the Tribunal for a review if requested under paragraph (a) to do so.

        (4)         If the executive officer believes that an application could be rejected under subsection (1), the executive officer may, instead of deciding whether or not to reject the application, refer the question to the Tribunal.

        (5)         An appeal cannot be made under Part 5 from a decision of the Tribunal on a matter referred to it under subsection (3) or (4).

        (6)         No fee is payable for requesting a matter to be referred under subsection (3).

        (7)         The rules may prescribe to whom, and provide for the manner in which, notice of the acceptance or rejection of an application is to be given.