SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 71

SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 71

71—Appeals

        (1)         Subject to this section and to any provision of a relevant Act as to the review of, or appeal against, a decision of the Tribunal, an appeal lies—

            (a)         in the case of a decision of the Tribunal—

                  (i)         constituted of a Presidential member of the Tribunal; or

                  (ii)         constituted of 2 or 3 members including a Presidential member,

to the Court of Appeal; or

            (b)         in any other case—to the Supreme Court constituted of a single Judge.

        (1a)         The Rules of the Supreme Court may provide that a matter that would otherwise go to the Court of Appeal under subsection (1) will instead go to a single judge in the General Division of the Supreme Court, and vice versa.

        (2)         An appeal under this section is only by leave of the Supreme Court (but this principle may be displaced or modified by the provisions of a relevant Act).

        (2a)         Without limiting subsection (2), an appeal against a decision of the Tribunal in the exercise of its original jurisdiction, or in a case where the Tribunal is constituted by a registrar or other member of the staff of the Tribunal, may not be instituted under this section unless or until a review of the decision has been conducted under section 70.

        (2b)         However—

            (a)         the operation of subsection (2a) may be—

                  (i)         displaced by the Rules of the Supreme Court in specified classes of cases; or

                  (ii)         displaced by regulations under this Act; or

                  (iii)         displaced or modified by the provisions of a relevant Act; and

            (b)         subsection (2a) does not apply if the President of the Tribunal determines that a decision (or class of decision) should not be subject to a requirement for review under section 70.

        (3)         An appeal must be instituted within 1 month of the making of the decision to which the appeal relates but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that period (even if the time for instituting the appeal has expired).

        (3a)         An appeal under this section will be by way of rehearing.

        (3b)         The Supreme Court may, in conducting an appeal, draw inferences of fact from evidence or material before the Tribunal and may, as it thinks fit, allow further evidence or material to be presented to it.

        (4)         The Supreme Court may, on an appeal under this section—

            (a)         affirm the decision appealed against; or

            (b)         vary the decision appealed against; or

            (c)         set aside the decision appealed against and, if it thinks fit, return the matter to the Tribunal for reconsideration in accordance with any directions that the Court considers appropriate.

        (5)         The Supreme Court may, on an appeal, make any interim, ancillary or consequential order that the Court considers appropriate.

        (6)         The regulations may prescribe scales of costs that are payable in respect of proceedings before the Supreme Court on an appeal under this section (and if a regulation is made under this section then the costs so prescribed will apply in substitution for any costs under the Supreme Court Act 1935 ).