General practice and procedures:

SACAT hearings are generally in public [see South Australian Civil and Administrative Tribunal Act 2013 (SA) s 60] and a member of the public can apply to inspect various documents, transcripts, proceedings etc. [s 90].

SACAT can hear proceedings without a party being present [see s 43(2)(f)]. Proceedings are less formal than in a Court, and SACAT is not bound by the rules of Evidence and acts without regard to legal technicalities and with minimal formality [ss 8, 39]. However, the Tribunal has discretion to adopt relevant findings or decisions of other Courts or Tribunals [s 39(1)(b)].

Legal representation is generally allowed (refer to relevant Acts as to occasions where this may not be allowed); parties can also represent themselves or can seek leave of SACAT to be represented by other non-legal representation [s 56].

Proceedings can be electronically heard (video link etc.) [s 67], and will be recorded by video or audio or other recording [see further s 90(2)(d) and South Australian Civil and Administrative Tribunal Regulations 2015 (SA) reg 10].

A person who contravenes or fails to comply with an order of SACAT (other than a monetary order) is guilty of an offence. Maximum penalty $50 000 or imprisonment for 2 years [s 89(2)]. Monetary orders can be recovered in the appropriate court (Magistrates or District Court) [s 89(1); see also South Australian Civil and Administrative Tribunal Regulations 2015 (SA) reg 9].

Powers of SACAT

Similar to a charge of Contempt of Court, a person who is called to give evidence who:

A person who wilfully interrupts the proceedings of the Tribunal, or uses offensive language, or behaves in a disorderly or offensive manner at the Tribunal, is also guilty of an offence.

Maximum penalty $10 000 or imprisonment for 6 months [s 93A].

SACAT has the power to enter land and buildings relevant to a proceeding [s 41] – Obstruction of this is an offence, Maximum penalty $10 000 or imprisonment of 6 months [s 41(3)].

Other powers of SACAT include:

Emphasis on negotiated outcomes

SACAT has a strong emphasis on negotiated outcomes. SACAT has the power to order the parties to attend a compulsory Alternative dispute resolution conference or mediation [ss 50-51] and also has the ability to itself try and achieve a negotiated settlement of the matter [s 52]. Refer to the relevant Act that the matter arises under, such as Residential Tenancies, Guardianship, etc. for specific processes of Alternative dispute resolution.

Costs

Generally, parties pay own costs (unless specified as otherwise in relevant Acts), and costs can be ordered against a party however must be a good reason [s 57]. [See further on Costs and other orders ss 57-58, 62, South Australian Civil and Administrative Tribunal Regulations 2015 (SA) reg 11].