South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"appear", at a hearing, means to appear in person or participate in a way
allowed under this Act or a relevant Act;
"applicant" means—
(a) in
the context of the Tribunal's review jurisdiction, the person who—
(i)
applies to the Tribunal for a review; or
(ii)
otherwise brings a matter before the Tribunal; or
(iii)
requests, requires, or otherwise seeks that a matter be
referred to, or otherwise be brought before, the Tribunal; and
(b) in
any other context, the person who—
(i)
brings a matter before the Tribunal; or
(ii)
requests, requires, or otherwise seeks that a matter be
referred to, or otherwise brought before, the Tribunal,
except that, unless and to the extent that the rules otherwise provide, it
does not include a person who is required by this Act or a relevant Act to
refer a matter to the Tribunal, or otherwise bring a matter before the
Tribunal, as sought by another person;
"decision", of the Tribunal, includes a direction, determination or order of
the Tribunal but, in prescribed circumstances, does not include an
interlocutory direction, determination or order;
"decision-maker"—see section 34(2a);
"Department" means the administrative unit of the Public Service that is,
under the Minister, responsible for the administration of this Act;
"Deputy President" means a Deputy President of the Tribunal;
"District Court" means the District Court of South Australia;
"evidentiary material" includes any document, object or substance of
evidentiary value in proceedings before the Tribunal and includes any other
document, object or substance that should, in the opinion of the Tribunal, be
produced for the purpose of enabling the Tribunal to determine whether or not
it has evidentiary value;
"legally qualified member" means—
(a) a
Presidential member; or
(b) a
magistrate who is a member of the Tribunal; or
(c)
another member of the Tribunal who is a legal practitioner of at least
5 years standing; or
(d)
another member of the Tribunal who—
(i)
—
(A) holds a degree, diploma or other
qualification in law from a tertiary institution in Australia; or
(B) holds a degree, diploma or other
qualification in law from a tertiary institution in a foreign country and is
duly admitted and enrolled as a barrister and solicitor of the Supreme Court;
and
(ii)
has at least 5 years relevant experience in a
law-related field; and
(iii)
is designated as a legally qualified member by the
President;
"Magistrates Court" means the Magistrates Court of South Australia;
"monetary order" means an order of the Tribunal requiring the payment of money
and includes—
(a) an
order made for the payment of a fine or other pecuniary penalty; and
(b) an
order as to the payment of any costs; and
(c) an
order for the payment of compensation for breach of an Act;
"ordinary member" means a person holding office as an ordinary member of the
Tribunal;
"original jurisdiction" of the Tribunal—see Part 3 Division 2;
"President" means the President of the Tribunal;
"Presidential member" means the President or a Deputy President of the
Tribunal;
"registrar" means the Registrar or a Deputy Registrar of the Tribunal;
"relevant Act" means an Act which confers jurisdiction on the Tribunal;
"reviewable decision"—see section 34(2);
"review jurisdiction" of the Tribunal—see Part 3 Division 3;
"rules" means the rules of the Tribunal in force under this Act;
"senior member" means a person holding office as a senior member of the
Tribunal;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established by this Act.
(2) If under a
relevant Act a person's failure or omission to do something is reviewable
under this Act as a decision—
(a) this
Act applies as if that person had made that decision; and
(b) any
provision of the relevant Act as to when the decision is taken to have been
made has effect.
(3) The members of the
staff of the Tribunal are—
(a) the
registrars; and
(b) the
other members of staff appointed or made available for the purposes of the
Tribunal under this Act.
(4) The officers of
the Tribunal are—
(a) the
registrars; and
(b)
members of the staff of the Tribunal who are designated as officers of the
Tribunal by the Registrar of the Tribunal; and
(c)
other persons who are designated as officers of the Tribunal under this Act.