Western Australian Consolidated Acts

STATE ADMINISTRATIVE TRIBUNAL ACT 2004

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   4.      What it means to bring or conduct proceeding vexatiously  
   5.      Enabling Act prevails  
   6.      Crown bound

   PART 2 -- The State Administrative Tribunal  

   7.      Tribunal established  
   8.      Tribunal’s jurisdiction  
   9.      Main objectives of Tribunal  
   10.     Tribunal to operate throughout State  
   11.     Who constitutes Tribunal  
   12.     Contemporaneous exercise of Tribunal’s jurisdiction

   PART 3 -- Jurisdiction of the Tribunal

           Division 1 -- Preliminary matters  

   13.     Sources of jurisdiction  
   14.     Kinds of jurisdiction

           Division 2 -- Original jurisdiction  

   15.     What comes within original jurisdiction  
   16.     Exercising original jurisdiction

           Division 3 -- Review jurisdiction

              Subdivision 1 -- General provisions  

   17.     What comes within review jurisdiction  
   18.     Exercising review jurisdiction  
   19.     Relationship of statutory right of review to judicial review

              Subdivision 2 -- Information about reviewable decision  

   20.     Notice of decision and right to have it reviewed to be given by decision-maker  
   21.     Statement of reasons for decision, request for etc.  
   22.     Tribunal may order decision-maker to provide reasons  
   23.     Exceptions to what has to be provided  
   24.     Decision-makers to give Tribunal reasons etc. for decisions being reviewed

              Subdivision 3 -- The review  

   25.     Effect of review proceedings on decision being reviewed  
   26.     After review commenced, decision-maker’s powers restricted  
   27.     Nature of review proceedings  
   28.     Government policy, when Tribunal to consider  
   29.     Tribunal’s powers in review jurisdiction  
   30.     Decision-maker to assist Tribunal  
   31.     Tribunal may invite decision-maker to reconsider decision

   PART 4 -- Tribunal’s procedures

           Division 1 -- Introduction  

   32.     Practice and procedure, generally  
   33.     Practice notes  
   34.     Directions for conduct of proceedings  
   35.     Obtaining information from third parties  
   36.     Who are parties to proceedings  
   37.     Intervening in proceeding  
   38.     Joining person as party to proceeding  
   39.     Representation in proceedings  
   40.     Tribunal may appoint representative or guardian  
   41.     Interpreters

           Division 2 -- Preliminary procedures  

   42.     Commencing proceeding  
   43.     Fee for commencing proceeding  
   44.     Tribunal may reject application or accept it conditionally  
   45.     Who has to be given copy of application  
   46.     Dismissing proceeding on withdrawal or for want of prosecution  
   47.     Frivolous etc. proceedings, dismissal of etc.  
   48.     Proceedings being conducted to cause disadvantage, Tribunal’s powers as to  
   49.     No new application after dismissal etc. under s. 46, 47 or 48 without leave  
   50.     More appropriate forum  
   51.     Consolidating proceedings  
   51A.    Splitting proceedings  
   52.     Compulsory conference  
   53.     Failure to attend compulsory conference  
   54.     Mediation  
   55.     Evidence of certain things at compulsory conference or mediation inadmissible later  
   56.     Settling proceedings

           Division 3 -- Proceedings and hearings  

   57.     Who presides  
   58.     Decision of Tribunal if 2 or more sitting members  
   59.     Questions of law, deciding  
   60.     Electronic hearings and proceedings without hearings  
   61.     Hearings to be public; exceptions  
   62.     Publishing evidence etc. given at proceeding, restrictions as to  
   63.     Notice of hearings  
   64.     Experts etc., Tribunal may appoint to assist  
   65.     Special referees  
   66.     Summoning witnesses  
   67.     Powers relating to witnesses  
   68.     Privilege against self-incrimination  
   69.     Other claims of privilege  
   70.     Oaths and affirmations  
   71.     Tribunal may authorise person to take evidence  
   72.     Tribunal may inspect etc. documents etc. produced

           Division 4 -- Decisions made by Tribunal  

   73.     Conditional and ancillary orders and directions  
   74.     Decisions, form of  
   75.     To whom copy of written decision has to be given  
   76.     Time limit for reserved decision  
   77.     Reasons for final decision  
   78.     Written reasons may be requested  
   79.     Written decision or reasons using transcript  
   80.     Restricted publication of reasons for decision in some cases  
   81.     Validity of decision not affected by breach of this Division  
   82.     When decision has effect  
   83.     Correcting mistakes  
   84.     Tribunal may review its decision if person was absent  
   85.     Monetary orders, enforcement of  
   86.     Decisions (not monetary orders), enforcement of

           Division 5 -- Costs  

   87.     Costs of parties and others  
   88.     Costs of proceeding  
   89.     Costs, assessment of if not fixed

           Division 6 -- Other procedural provisions  

   90.     Interim injunctions, granting of  
   91.     Declarations, making and effect of  
   92.     Relief from procedural requirements  
   93.     Minor proceedings, applicant in may elect no hearing etc.  
   94.     Appeals etc. to Supreme Court, documents etc. relating to

           Division 7 -- Offences  

   95.     Failing to comply with decision  
   96.     Failing to comply with summons  
   97.     Failing to give evidence as required  
   98.     Giving false or misleading information  
   99.     Misbehaviour, obstruction etc.  
   100.    Contempt

           Division 8 -- Arrest warrants  

   101.    Powers in this Division exercisable by only judicial member  
   102.    Arrest of person disobeying summons  
   103.    Conditional release of arrested person  
   104.    Review by Supreme Court

   PART 5 -- Appeals from Tribunal’s decisions  

   105.    Appeal from Tribunal’s decision  
   106.    Effect of appeal on decision appealed against

   PART 6 -- Tribunal’s membership and other provisions

           Division 1 -- Members of the Tribunal

              Subdivision 1 -- Kinds of members  

   107.    Tribunal members

              Subdivision 2 -- President  

   108.    Appointment of President  
   109.    Term of President’s appointment  
   110.    Vacating office prematurely  
   111.    President’s status as Supreme Court judge

              Subdivision 3 -- Deputy President  

   112.    Appointment of Deputy President  
   113.    Term of Deputy President’s appointment  
   114.    Vacating office prematurely  
   115.    Deputy President’s status as District Court judge

              Subdivision 4 -- Ex officio members  

   116.    Magistrates to be ex officio members

              Subdivision 5 -- Other members  

   117.    Appointment of non-judicial members  
   118.    Term of non-judicial member’s appointment  
   119.    Conditions of service of non-judicial member  
   120.    Non-judicial members engaging in other employment, restrictions on  
   121.    Code of conduct for non-judicial members  
   122.    Suspending non-judicial member  
   123.    Terminating appointment of non-judicial member, grounds for  
   124.    Investigating suspended non-judicial member  
   125.    Action on investigator’s report  
   126.    Deciding whether to recommend termination  
   127.    Vacating office of non-judicial member prematurely

           Division 2 -- Acting and supplementary members

              Subdivision 1 -- Acting President  

   128.    Appointment of acting President  
   129.    Terminating appointment as acting President prematurely  
   130.    Acting President’s status as Supreme Court judge  
   131.    Deputy President may act as President in some cases  
   132.    Deputy President’s allowance for acting as President  
   133.    Consequences of acting as President

              Subdivision 2 -- Acting Deputy President  

   134.    Appointment of acting Deputy President  
   135.    Terminating appointment of acting Deputy President prematurely  
   136.    Acting Deputy President’s status as District Court judge  
   137.    Consequences of acting as Deputy President

              Subdivision 3 -- Supplementary judicial members  

   138.    Supplementary President, appointment of etc.  
   139.    Supplementary President’s status as Supreme Court judge  
   140.    Supplementary Deputy Presidents, appointment of etc.  
   141.    Supplementary Deputy President’s status as District Court judge

           Division 3 -- Other matters about Tribunal members  

   142.    Fixing the period of appointment  
   142A.   Oath of office  
   143.    Training  
   144.    Disclosure of interests  
   145.    Completing matters after member’s appointment expires

   PART 7 -- Administration  

   146.    Responsibility for administering Act  
   147.    President to advise Minister  
   148.    Executive officer and other staff of Tribunal  
   149.    Delegation by judicial member  
   150.    Annual etc. reports of Tribunal  
   151.    Laying reports before House of Parliament not sitting

   PART 8 -- Other matters  

   152.    Seals of Tribunal  
   153.    Judicial notice to be taken of some things  
   154.    Validity of decisions not affected by some things  
   155.    Register of proceedings  
   156.    Publication of Tribunal’s decisions  
   157.    Tribunal members etc. not to disclose etc. certain information  
   158.    Persons given certain information not to disclose it etc.  
   159.    Which disclosures would be contrary to public interest  
   160.    Protected matter, Tribunal’s duties as to  
   161.    Freedom of Information Act 1992, application of  
   162.    Parliamentary privilege not affected  
   163.    Immunity etc. of Tribunal members, parties, witnesses etc.  
   164.    Protection from liability for torts  
   165.    Protection for compliance with this Act  
   166.    Protection from defamation proceedings  
   167.    Statutory transfer of jurisdiction to Tribunal, consequences of  
   168.    Arrangements with Ombudsman  
   169.    Regulations  
   170.    Rules of the Tribunal  
   171.    Fees for proceedings etc. in Tribunal  
   172.    Rules Committee  
   173.    Legislative Council inquiry
           SCHEDULE 1 -- Relevant Acts for section 105
           SCHEDULE 2 -- Oath and affirmation of office
           Compilation table