South Australian Consolidated Acts South Australian Consolidated Acts40—Appeal to District Court
(1) An agency that is
aggrieved by a determination made on a review under Division 1 may, with the
permission of the District Court, appeal against the determination to the
District Court on a question of law.
(2) A person (other
than an agency)—
(a) who
is aggrieved by a determination of an agency following an internal review; or
(b) who
is aggrieved by a determination that is not subject to internal review; or
(c) who
is aggrieved by a determination made on a review under Division 1,
may appeal against the determination to the District Court.
(3) Proceedings under
this section must be commenced by an agency or person within 30 days
after notice of the determination to which the proceedings relate is given to
the agency or person or, in the case of a person who was not given notice of
the determination, within 30 days after the determination.
(4) Where an
application for review is made under Division 1, an appeal cannot be commenced
until that application is decided and the commencement of an appeal to the
District Court bars any right to apply for a review under Division 1.
(5) The following are
parties to proceedings under this section:
(a) the
agency;
(b) in
the case of an appeal against a determination of an agency following an
internal review or a determination made on a review under Division 1—the
applicant for the review;
(c) in
the case of an appeal against a determination that has not been the subject of
a review—the applicant for the determination.
(6) Neither the
Ombudsman nor the Police Complaints Authority can be a party to proceedings
under this section.
(7) If, in proceedings
under this section—
(a) the
Court is advised that the determination of the agency was made on grounds of
the public interest; and
(b) the
Minister administering this Act makes known to the Court the Minister's
assessment of what the public interest requires in the circumstances of the
case subject to the appeal,
the Court must, in determining the appeal, uphold that assessment unless
satisfied that there are cogent reasons for not doing so.
(8) In proceedings
under this section—
(a) in
the case of proceedings commenced by an agency—the Court must order that
the agency pay the other party's reasonable costs; or
(b) in
any other case—the Court must not make an order requiring a party to pay
any costs of an agency unless the Court is satisfied that the party acted
unreasonably, frivolously or vexatiously in the bringing or conduct of the
proceedings.