South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, a person who is dissatisfied with the outcome of a review under
section 32C may apply to the Appeal Panel for review of the decision that
applies at the conclusion of the review.
(2) The application
must be made within—
(a) the
prescribed period after the day on which a written statement setting out the
outcome of the relevant review is furnished under section 32C; or
(b) such
longer period as the Appeal Panel may allow.
(3) The Appeal Panel
may decline to hear a matter, or may suspend any hearing or other
consideration of a matter, if the Appeal Panel considers or is satisfied
that—
(a) the
matter should be determined or dealt with by way of proceedings in a court or
tribunal, or before another body or authority; or
(b)
proceedings have been commenced before the Residential Tenancies Tribunal, or
before a court or other tribunal constituted by law; or
(c) the
applicant in the proceedings has failed to take a step relevant to the conduct
or subject matter of the proceedings within a reasonable time; or
(d) the
matter is not suitable for consideration, or further consideration, by the
Appeal Panel for some other reason.
(4) The question to be
determined by the Appeal Panel in a particular matter is whether the decision
that has been made is correct and preferable after taking into account any
policy that applies in the relevant case and such other matters that appear to
the Appeal Panel to be appropriate in the circumstances.
(5) The Appeal Panel
may, after hearing an appeal under this section and conducting such inquiries
as the Appeal Panel thinks fit—
(a)
confirm, vary or revoke the decision to which the proceedings relate;
(b)
refer the matter back to SAHT or the Chief Executive, with such suggestions as
the Appeal Panel thinks fit;
(c) make
incidental and ancillary orders.
(6) The Appeal Panel
must ensure that the applicant and SAHT are provided with a written statement
setting out the Appeal Panel's decision and the reasons for the decision.
(7) The operation of a
decision that is the subject of an application under this section will be
stayed pending the outcome of the proceedings unless—
(a) the
Appeal Panel, on its own initiative or on application by SAHT, determines that
the decision may take effect or apply despite the application (and related
proceedings) under this section; or
(b) the
decision is within the ambit of a regulation that prescribes a class or
classes of decisions that will take effect or apply despite an application
(and related proceedings) under this section.
(8) A decision on a
matter that has been the subject of a review under section 32C which
constitutes an administrative act within the meaning of the Ombudsman
Act 1972 may be investigated by the Ombudsman under that Act despite the
fact that this section provides a right of review (and section 13(3) of
the Act will not apply in such a case).