South Australian Civil and Administrative Tribunal Act 2013 (SA)

South Australia South Australian Civil and Administrative Tribunal Act 2013 An Act to establish a tribunal with jurisdiction to review certain administrative decisions and to act with respect to certain disciplinary, civil or other proceedings; to confer powers on the tribunal; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Relevant Acts prevail Part 2—South Australian Civil and Administrative Tribunal Division 1—Establishment of Tribunal 5 Establishment of Tribunal 6 Jurisdiction of Tribunal 7 Tribunal to operate throughout State Division 2—Main objectives of Tribunal 8 Main objectives of Tribunal Division 3—Members of Tribunal Subdivision 1—The members 9 The members Subdivision 2—The President 10 Appointment of President 11 President's functions generally 12 Acting President Subdivision 3—The Deputy Presidents 13 Number of Deputy Presidents 14 Appointment of Deputy Presidents 15 Deputy President's functions generally 16 Acting Deputy Presidents 17 Supplementary Deputy Presidents Subdivision 4—Magistrates 18 Magistrates Subdivision 5—Senior members and ordinary members 19 Appointment of senior members and ordinary members 20 Member ceasing to hold office and suspension 21 Supplementary members Subdivision 6—Assessors 22 Assessors Division 4—Constitution of Tribunal and its decision‑making processes 23 Constitution of Tribunal 24 Who presides at proceedings of Tribunal 25 Decision if 2 or more members constitute Tribunal 26 Determination of questions of law Division 5—Related matters 27 Streams 28 Validity of acts of Tribunal 29 Disclosure of interest by members of Tribunal 30 Delegation Part 3—Jurisdiction Division 1—Preliminary 31 Sources of jurisdiction 32 Kinds of jurisdiction Division 2—Original jurisdiction 33 Original jurisdiction Division 3—Review jurisdiction 34 Decisions within review jurisdiction 35 Decision‑maker must assist Tribunal 36 Effect of review proceedings on decision being reviewed 37 Decision on review 38 Tribunal may invite decision‑maker to reconsider decision Part 3A—Diversity proceedings 38A Interpretation 38B Transfer of applications involving federal diversity jurisdiction to Magistrates Court 38C Magistrates Court proceedings, jurisdiction, powers and functions etc 38D Modifications of certain functions, powers and procedures etc 38E Compulsory conferences 38F References to Tribunal in other Acts or regulations 38G Bailiffs 38H Relationship of this Part to this Act and other laws 38I Enforcement, variation or revocation of purported orders Part 4—Principles, powers and procedures Division 1—Principles governing hearings 39 Principles governing hearings Division 2—Evidentiary powers 40 Power to require person to give evidence or to produce evidentiary material 41 Entry and inspection of property 42 Expert reports Division 3—Procedures 43 Practice and procedure generally 44 Directions for conduct of proceedings 45 Consolidating and splitting proceedings 46 More appropriate forum 47 Dismissing proceedings on withdrawal or for want of prosecution 48 Frivolous, vexatious or improper proceedings 49 Proceedings being conducted to cause disadvantage Division 4—Conferences, mediation and settlement 50 Conferences 51 Mediation 52 Settling proceedings Division 5—Parties 53 Parties 54 Person may be joined as party 55 Intervening Division 6—Representation 56 Representation Division 7—Costs 57 Costs 58 Costs—related matters Division 8—Other procedural and related provisions 59 Sittings 60 Hearings in public 61 Preserving subject matter of proceedings 62 Security as to costs etc 63 Interlocutory orders 64 Conditional, alternative and ancillary orders and directions 65 Special referees 66 Relief from time limits 67 Electronic hearings and proceedings without hearings 68 Completion of part‑heard matters 69 Other claims of privilege Part 5—Reviews and appeals Division 1—Internal reviews 70 Internal reviews Division 2—Appeals 71 Appeals Division 3—Related matters 72 Reservation of questions of law 73 Effect of review or appeal on decision Part 6—Staff Division 1—Registrars 74 Registrars 75 Functions of registrars 76 Delegation Division 2—Other staff of Tribunal 77 Other staff of Tribunal Division 3—Use of services or staff 78 Use of services or staff Part 7—Miscellaneous 79 Immunities 80 Protection from liability for torts 81 Protection for compliance with Act 82 Alternative orders and relief 83 Power to cure irregularities 84 Correcting mistakes 85 Tribunal may review its decision if person was absent 86 Tribunal may authorise person to take evidence 87 Miscellaneous provisions relating to legal process and service 88 Proof of decisions and orders of Tribunal 89 Enforcement of decisions and orders of Tribunal 89A Bailiffs 90 Accessibility of evidence 91 Costs of proceedings 92 Annual report 93 Additional reports 93A Disrupting proceedings of Tribunal 93B False or misleading statements 94 Rules 95 Regulations 96 Review Legislative history