State Administrative Tribunal Act 2004 (WA)

Western Australia State Administrative Tribunal Act 2004 Western Australia State Administrative Tribunal Act 2004 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. What it means to bring or conduct proceeding vexatiously 1 5. Enabling Act prevails 1 6. Crown bound 1 7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 Part 2 — The State Administrative Tribunal 7. Tribunal established 1 8. Tribunal's jurisdiction 1 9. Main objectives of Tribunal 1 10. Tribunal to operate throughout State 1 11. Who constitutes Tribunal 1 12. Contemporaneous exercise of Tribunal's jurisdiction 1 Part 3 — Jurisdiction of the Tribunal Division 1 — Preliminary matters 13. Sources of jurisdiction 1 14. Kinds of jurisdiction 1 Division 2 — Original jurisdiction 15. What comes within original jurisdiction 1 16. Exercising original jurisdiction 1 Division 3 — Review jurisdiction Subdivision 1 — General provisions 17. What comes within review jurisdiction 1 18. Exercising review jurisdiction 1 19. Relationship of statutory right of review to judicial review 1 Subdivision 2 — Information about reviewable decision 20. Notice of decision and right to have it reviewed to be given by decision-maker 1 21. Statement of reasons for decision, request for etc. 1 22. Tribunal may order decision‑maker to provide reasons 1 23. Exceptions to what has to be provided 1 24. Decision-makers to give Tribunal reasons etc. for decisions being reviewed 1 Subdivision 3 — The review 25. Effect of review proceedings on decision being reviewed 1 26. After review commenced, decision-maker's powers restricted 1 27. Nature of review proceedings 1 28. Government policy, when Tribunal to consider 1 29. Tribunal's powers in review jurisdiction 1 30. Decision‑maker to assist Tribunal 1 31. Tribunal may invite decision‑maker to reconsider decision 1 Part 4 — Tribunal's procedures Division 1 — Introduction 32. Practice and procedure, generally 1 33. Practice notes 1 34. Directions for conduct of proceedings 1 35. Obtaining information from third parties 1 36. Who are parties to proceedings 1 37. Intervening in proceeding 1 38. Joining person as party to proceeding 1 39. Representation in proceedings 1 40. Tribunal may appoint representative or guardian 1 41. Interpreters 1 Division 2 — Preliminary procedures 42. Commencing proceeding 1 43. Fee for commencing proceeding 1 44. Tribunal may reject application or accept it conditionally 1 45. Who has to be given copy of application 1 46. Dismissing proceeding on withdrawal or for want of prosecution 1 47. Frivolous etc. proceedings, dismissal of etc. 1 48. Proceedings being conducted to cause disadvantage, Tribunal's powers as to 1 49. No new application after dismissal etc. under s. 46, 47 or 48 without leave 1 50. More appropriate forum 1 51. Consolidating proceedings 1 51A. Splitting proceedings 1 52. Compulsory conference 1 53. Failure to attend compulsory conference 1 54. Mediation 1 55. Evidence of certain things at compulsory conference or mediation inadmissible later 1 56. Settling proceedings 1 Division 3 — Proceedings and hearings 57. Who presides 1 58. Decision of Tribunal if 2 or more sitting members 1 59. Questions of law, deciding 1 60. Electronic hearings and proceedings without hearings 1 61. Hearings to be public; exceptions 1 62. Publishing evidence etc. given at proceeding, restrictions as to 1 63. Notice of hearings 1 64. Experts etc., Tribunal may appoint to assist 1 65. Special referees 1 66. Summoning witnesses 1 67. Powers relating to witnesses 1 68. Privilege against self‑incrimination 1 69. Other claims of privilege 1 70. Oaths and affirmations 1 71. Tribunal may authorise person to take evidence 1 72. Tribunal may inspect etc. documents etc. produced 1 Division 4 — Decisions made by Tribunal 73. Conditional and ancillary orders and directions 1 74. Decisions, form of 1 75. To whom copy of written decision has to be given 1 76. Time limit for reserved decision 1 77. Reasons for final decision 1 78. Written reasons may be requested 1 79. Written decision or reasons using transcript 1 80. Restricted publication of reasons for decision in some cases 1 81. Validity of decision not affected by breach of this Division 1 82. When decision has effect 1 83. Correcting mistakes 1 84. Tribunal may review its decision if person was absent 1 85. Monetary orders, enforcement of 1 86. Decisions (not monetary orders), enforcement of 1 Division 5 — Costs 87. Costs of parties and others 1 88. Costs of proceeding 1 89. Costs, assessment of if not fixed 1 Division 6 — Other procedural provisions 90. Interim injunctions, granting of 1 91. Declarations, making and effect of 1 92. Relief from procedural requirements 1 93. Minor proceedings, applicant in may elect no hearing etc. 1 94. Appeals etc. to Supreme Court, documents etc. relating to 1 Division 7 — Offences 95. Failing to comply with decision 1 96. Failing to comply with summons 1 97. Failing to give evidence as required 1 98. Giving false or misleading information 1 99. Misbehaviour, obstruction etc. 1 100. Contempt 1 Division 8 — Arrest warrants 101. Powers in this Division exercisable by only judicial member 1 102. Arrest of person disobeying summons 1 103. Conditional release of arrested person 1 104. Review by Supreme Court 1 Part 5 — Appeals from Tribunal's decisions 105. Appeal from Tribunal's decision 1 106. Effect of appeal on decision appealed against 1 Part 6 — Tribunal's membership and other provisions Division 1 — Members of the Tribunal Subdivision 1 — Kinds of members 107. Tribunal members 1 Subdivision 2 — President 108. Appointment of President 1 109. Term of President's appointment 1 110. Vacating office prematurely 1 111. President's status as Supreme Court judge 1 Subdivision 3 — Deputy President 112. Appointment of Deputy President 1 113. Term of Deputy President's appointment 1 114. Vacating office prematurely 1 115. Deputy President's status as District Court judge 1 Subdivision 4 — Ex officio members 116. Magistrates to be ex officio members 1 Subdivision 5 — Other members 117. Appointment of non‑judicial members 1 118. Term of non‑judicial member's appointment 1 119. Conditions of service of non‑judicial member 1 120. Non-judicial members engaging in other employment, restrictions on 1 121. Code of conduct for non-judicial members 1 122. Suspending non‑judicial member 1 123. Terminating appointment of non-judicial member, grounds for 1 124. Investigating suspended non‑judicial member 1 125. Action on investigator's report 1 126. Deciding whether to recommend termination 1 127. Vacating office of non-judicial member prematurely 1 Division 2 — Acting and supplementary members Subdivision 1 — Acting President 128. Appointment of acting President 1 129. Terminating appointment as acting President prematurely 1 130. Acting President's status as Supreme Court judge 1 131. Deputy President may act as President in some cases 1 132. Deputy President's allowance for acting as President 1 133. Consequences of acting as President 1 Subdivision 2 — Acting Deputy President 134. Appointment of acting Deputy President 1 135. Terminating appointment of acting Deputy President prematurely 1 136. Acting Deputy President's status as District Court judge 1 137. Consequences of acting as Deputy President 1 Subdivision 3 — Supplementary judicial members 138. Supplementary President, appointment of etc. 1 139. Supplementary President's status as Supreme Court judge 1 140. Supplementary Deputy Presidents, appointment of etc. 1 141. Supplementary Deputy President's status as District Court judge 1 Division 3 — Other matters about Tribunal members 142. Fixing the period of appointment 1 142A. Oath of office 1 143. Training 1 144. Disclosure of interests 1 145. Completing matters after member's appointment expires 1 Part 7 — Administration 146. Responsibility for administering Act 1 147. President to advise Minister 1 148. Executive officer and other staff of Tribunal 1 149. Delegation by judicial member 1 150. Annual etc. reports of Tribunal 1 151. Laying reports before House of Parliament not sitting 1 Part 8 — Other matters 152. Seals of Tribunal 1 153. Judicial notice to be taken of some things 1 154. Validity of decisions not affected by some things 1 155. Register of proceedings 1 156. Publication of Tribunal's decisions 1 157. Tribunal members etc. not to disclose etc. certain information 1 158. Persons given certain information not to disclose it etc. 1 159. Which disclosures would be contrary to public interest 1 160. Protected matter, Tribunal's duties as to 1 161. Freedom of Information Act 1992, application of 1 162. Parliamentary privilege not affected 1 163. Immunity etc. of Tribunal members, parties, witnesses etc. 1 164. Protection from liability for torts 1 165. Protection for compliance with this Act 1 166. Protection from defamation proceedings 1 167. Statutory transfer of jurisdiction to Tribunal, consequences of 1 168. Arrangements with Ombudsman 1 169. Regulations 1 170. Rules of Tribunal 1 171. Fees for proceedings etc. in Tribunal 1 172. Rules Committee 1 173. Legislative Council inquiry 1 Schedule 1 — Relevant Acts for section 105 Schedule 2 — Oath and affirmation of office Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia State Administrative Tribunal Act 2004 An Act to establish a tribunal with jurisdiction under this and other Acts to review certain administrative decisions and deal with certain other matters, and for related purposes.