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.      The Tribunal’s jurisdiction  
   9.      Main objectives of the Tribunal  
   10.     Tribunal to operate throughout the State  
   11.     President specifies who constitutes the Tribunal  
   12.     Contemporaneous exercise of Tribunal’s jurisdiction  

   PART 3 -- Jurisdiction of the Tribunal  

           Division 1 -- Preliminary matters  

   13.     Source 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.     Advice of decision and right to have it reviewed  
   21.     Statement of reasons for decision  
   22.     Tribunal may order decision-maker to provide reasons  
   23.     Exceptions to what has to be provided  
   24.     Provision of documents and material by decision-maker  

              Subdivision 3 -- The review  

   25.     Effect of proceeding on reviewable decision  
   26.     Restriction on powers of decision-maker after review commenced  
   27.     Nature of the hearing  
   28.     Considering government policy  
   29.     Powers of Tribunal on review  
   30.     Decision-maker to assist Tribunal  
   31.     Tribunal may invite decision-maker to reconsider  

   PART 4 -- Tribunal’s procedures  

           Division 1 -- Introduction  

   32.     Practice and procedure, generally  
   33.     Practice notes  
   34.     Directions  
   35.     Obtaining information from third parties  
   36.     Parties  
   37.     Intervening in proceeding  
   38.     Joining as a party  
   39.     Representation  
   40.     Tribunal may appoint representative or guardian  
   41.     Interpreters  

           Division 2 -- Preliminary procedures  

   42.     Commencing proceeding  
   43.     Fee for commencing proceeding  
   44.     Rejecting an application or accepting an application conditionally  
   45.     Who has to be given a copy of an application  
   46.     Dismissing proceeding on withdrawal or for want of prosecution  
   47.     Unjustified proceedings  
   48.     Conduct of proceeding causing disadvantage  
   49.     Restriction on new application  
   50.     More appropriate forum  
   51.     Consolidation of proceedings  
   51A.    Splitting proceedings  
   52.     Compulsory conference  
   53.     Failure to attend compulsory conference  
   54.     Mediation  
   55.     Evidence of certain things inadmissible  
   56.     Settlement  

           Division 3 -- Proceedings and hearings  

   57.     Presiding member  
   58.     Decision of Tribunal if 2 or more sitting members  
   59.     Deciding questions of law  
   60.     Electronic hearings and proceedings without hearings  
   61.     Public hearings  
   62.     Publication of information from or about a proceeding  
   63.     Notice of hearings  
   64.     Tribunal may call on expert or professional assistance  
   65.     Special referees  
   66.     Summoning witness  
   67.     Powers relating to witnesses  
   68.     Privilege against self-incrimination  
   69.     Other claims of privilege  
   70.     Oaths and affirmations  
   71.     Authorising person to take evidence  
   72.     Dealing with things produced  

           Division 4 -- Decisions made by Tribunal  

   73.     Conditional and ancillary orders and directions  
   74.     Form of decision  
   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.     Confidentiality in relation to reasons for decision  
   81.     Validity of decision  
   82.     When decision has effect  
   83.     Correcting mistakes  
   84.     Tribunal may review its decision if person was absent  
   85.     Enforcement of monetary order  
   86.     Enforcement of decision other than monetary order  

           Division 5 -- Costs  

   87.     Costs of parties and others  
   88.     Costs of proceeding  
   89.     Amount of costs  

           Division 6 -- Other procedural provisions  

   90.     Injunction  
   91.     Declaration  
   92.     Relief from procedural requirements  
   93.     Minor matters procedure  
   94.     Tribunal to give Supreme Court documents and things  

           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 and other conduct  
   100.    Contempt  

           Division 8 -- Arrest warrants  

   101.    Exercise of powers under this Division  
   102.    Arrest  
   103.    Conditional release from custody  
   104.    Review by Supreme Court  

   PART 5 -- Appeals from Tribunal’s decisions  

   105.    Appeal from Tribunal’s decision  
   106.    Effect of decision against which appeal made  

   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.    Tenure of President’s office  
   110.    Vacating office prematurely  
   111.    President’s status as Supreme Court judge  

              Subdivision 3 -- Deputy President  

   112.    Appointment of Deputy President  
   113.    Tenure of Deputy President’s office  
   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.    Tenure of non-judicial office  
   119.    Conditions of service as non-judicial member  
   120.    Outside employment prohibited  
   121.    Code of conduct  
   122.    Suspension of non-judicial member  
   123.    Why termination may be recommended  
   124.    Investigation of non-judicial member  
   125.    Action on investigator’s report  
   126.    Deciding whether to recommend termination  
   127.    Vacating office prematurely  

           Division 2 -- Acting and supplementary members  

              Subdivision 1 -- Acting President  

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

              Subdivision 2 -- Acting Deputy President  

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

              Subdivision 3 -- Supplementary judicial members  

   138.    Supplementary President  
   139.    Supplementary President’s status as Supreme Court judge  
   140.    Supplementary Deputy Presidents  
   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.    Completion of matters  

   PART 7 -- Administration  

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

   PART 8 -- Other matters  

   152.    Official seal  
   153.    Judicial notice  
   154.    Validity of decisions  
   155.    Register of proceedings  
   156.    Publication of Tribunal’s decisions  
   157.    Secrecy  
   158.    Protection from disclosure by others  
   159.    Whether disclosure contrary to public interest  
   160.    How Tribunal is to deal with protected matter  
   161.    Application of the Freedom of Information Act 1992  
   162.    Parliamentary privilege not affected  
   163.    Immunity  
   164.    Protection from liability  
   165.    Protection for compliance with this Act  
   166.    Proceedings for defamation not to lie  
   167.    Transfer of jurisdiction  
   168.    Arrangements with Parliamentary Commissioner  
   169.    Regulations  
   170.    Tribunal’s rules  
   171.    Provisions as to fees  
   172.    Rules Committee  
   173.    Legislative Council inquiry  
           SCHEDULE 1 -- Relevant Acts for section 105  
           SCHEDULE 2 -- Oath and affirmation of office  
           Compilation table