The South Australian Civil and Administrative Tribunal (SACAT) began operation on 30 March 2015. It replaces a number of other Tribunals and Boards such as the Residential Tenancies Tribunal and the Guardianship Board.
For more information about SACAT see the SACAT website
Below is a brief outline of the new South Australian Civil and Administrative Tribunal (SACAT), its functions and powers as set out in legislation.
However, the key legislation for any area operating under SACAT, is the legislation of the particular area, for example for matters about Guardianship, it will be the Guardianship and Administration Act 1993 (SA). This is because procedure and processes may be different under a relevant Act (see below).
The law handbook contains this information under the various chapters about the relevant Acts, such as Housing, Guardianship and Administration, Advance Directives, etc.
The Legislation which establishes and sets out the functions of SACAT is the South Australian Civil and Administrative Tribunal Act 2013 (SA) and both the South Australian Civil and Administrative Tribunal Regulations 2015 (SA) and South Australian Civil and Administrative Tribunal (Fees) Regulations 2017 (SA)– references below are to the sections in this legislation and the regulations.
Relevant Acts are those which confer jurisdiction on SACAT (they give the power for SACAT to deal with matters under that Act) and they prevail if there is inconsistency with the SACAT legislation [s 4]. Current relevant Acts include:
- Advance Care Directives Act 2013 (SA);
- Adoption Act 1988 (SA) (certain decisions only) (as of 5 July 2018);
- Births, Deaths and Marriages Registration Act 1996 (SA) (certain decisions only) (as of 5 July 2018);
- Community Housing Providers (National Law) (South Australia) Act 2013 (SA) ;
- Consent to Medical Treatment and Palliative Care Act 1995 (SA) ;
- Dog and Cat Management Act 1995 (SA) (as of 1 July 2018);
- Guardianship and Administration Act 1993 (SA);
- Land Acquisition Act 1969 (SA) (certain decisions only) (as of 5 July 2018);
- Local Government Act 1999 (SA) ;
- Mental Health Act 2009 (SA) ;
- Residential Tenancies Act 1995 (SA) (except disputes where one party is resident interstate);
- Retirement Villages Act 1987 (SA) ;
- Residential Parks Act 2007 (SA) ;
- South Australian Housing Trust Act 1995 (SA) ;
- Valuation of Land Act 1971 (SA);
- First Home and Housing Construction Grants Act 2000 (SA) (as of 11 December 2016);
- Freedom of Information Act 1991 (SA) (as of 11 December 2016);
- Firearms Act 2015 (SA) (as of 1 July 2017);
- Animal Welfare Act 1985 (SA) (as of 14 December 2017) (certain reviewable decisions only);
- Associations Incorporation Act 1985 (SA) (as of 22 February 2018) (section 50 decisions only);
- Tobacco Products Regulation Act 1997 (SA).
For a full list of relevant Acts which confer jurisdiction on SACAT see the SACAT website.
Further legislation will be conferred in 2018.
Objectives [s 8]
Objects of the South Australian Civil and Administrative Tribunal Act 2013 (SA) include:
- Independent decision making;
- Natural justice and procedural fairness;
- High-quality and consistent decision making;
- Transparency and accountability
- Alternative Dispute Resolution (ADR);
- Low cost;
- Plain language;
- Less formal and technical; and
- President of the Tribunal [see ss 9-11, 30];
- Deputy President(s) [ss 13-17];
- Magistrates [s 18];
- Ordinary members and senior members [ss 19-21]; and
- Assessors [s 22].
Who sits on the Tribunal? [ss 23-26]:
- Determined by the President.
- Up to three members, with the most senior member presiding.
- Decision is by the majority, but if it is equally divided then the presiding member decides.
- Questions of law are decided by the Presidential member; with ability for the Presidential member to refer the question to the Supreme Court. Additionally, when a Presidential member decides a question of law, they are able to decide any other questions remaining between the parties [s 26].
Location and contact details:
Initially SACAT will be in two locations:
Adelaide CBD: Level 4, 100 Pirie Street Adelaide 5000; and
Collinswood: Level 8, 85 North East Road, Collinswood
Telephone: 1800 723 767
For more information visit the SACAT website.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.