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STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 3

STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 3

3 .         Terms used

        (1)         In this Act, unless the contrary intention appears —

        appear at a hearing means to appear in person or participate in a way allowed under this Act;

        applicant means —

            (a)         in the context of the Tribunal’s review jurisdiction, the person who —

                  (i)         applies to the Tribunal for a review; or

                  (ii)         otherwise brings a matter before the Tribunal; or

                  (iii)         requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal;

            (b)         in any other context, the person who —

                  (i)         brings a matter before the Tribunal; or

                  (ii)         requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal,

        except that it does not include a person who is required by an enabling Act or section 44(3) to refer a matter to the Tribunal, or otherwise bring a matter before the Tribunal, as sought by another person;

        application means —

            (a)         in the context of the Tribunal’s review jurisdiction —

                  (i)         an application by an applicant for a review; or

                  (ii)         a referral or other means of bringing a matter before the Tribunal by, or as sought by, an applicant;

            (b)         in any other context, a referral or other means of bringing a matter before the Tribunal by, or as sought by, an applicant;

        chief executive officer means the chief executive officer under the Public Sector Management Act 1994 of the Department;

        decision of the Tribunal includes an order, direction, or determination of the Tribunal;

        decision-maker means a person who makes a reviewable decision;

        Department means the department principally assisting the Minister in the administration of this Act;

        Deputy President means a Deputy President of the Tribunal;

        enabling Act means another Act, or a portion of another Act, under which jurisdiction is conferred on the Tribunal and, if relevant, it includes subsidiary legislation under that other Act;

        executive officer means the officer made available under section 148(1) to perform the functions under this Act of the executive officer of the Tribunal;

        exempt document means a document that contains exempt matter;

        exempt matter means matter that is exempt under Schedule 1 to the Freedom of Information Act 1992 ;

        final decision means a decision of the Tribunal that disposes of the matter raised in an application;

        hearing includes a compulsory conference or mediation;

        judicial member means the President or a Deputy President;

        legal experience means —

            (a)         standing and practice as a legal practitioner; or

            (b)         judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law jurisdiction; or

            (c)         a combination of both kinds of legal experience mentioned in paragraphs (a) and (b);

        legally qualified member means —

            (a)         a judicial member; or

            (b)         a magistrate performing functions as a member of the Tribunal; or

            (c)         a non-judicial member who is a lawyer and has had not less than 5 years’ legal experience;

        member of staff of the Tribunal refers to the executive officer and other officers of the Department made available under section 148(2);

        monetary order means an order of the Tribunal requiring the payment of money, and includes —

            (a)         an order for the payment of a fine or other pecuniary penalty; and

            (b)         an order under Part 4 Division 5;

        non-judicial member means a member of the Tribunal who is not the President, a Deputy President or an ex officio member;

        ordinary member means a member of the Tribunal who is not the President, a Deputy President, a senior member or an ex officio member;

        original jurisdiction of the Tribunal means its jurisdiction other than its review jurisdiction;

        party has the meaning given to that term in section 36;

        President means the President of the Tribunal;

        presiding member means the sitting member of the Tribunal who —

            (a)         alone constitutes the Tribunal for dealing with the matter concerned; or

            (b)         presides at a proceeding of the Tribunal for dealing with the matter concerned;

        protected matter means —

            (a)         any information or document to which a certificate under section 159(2) applies, except to the extent that an order of the Tribunal under section 159(4) that its disclosure would not be contrary to the public interest has effect; or

            (b)         exempt matter or an exempt document;

        public sector employee has the meaning given to the term employee in section 3(1) of the Public Sector Management Act 1994 ;

        review jurisdiction of the Tribunal means its jurisdiction described in section 17(1);

        reviewable decision has the meaning given to that term in section 17(3);

        Rules Committee has the meaning given to that term in section 172;

        senior member means a non-judicial member appointed as a senior member of the Tribunal;

        sitting member of the Tribunal means a person who constitutes, or is one of the persons constituting, the Tribunal for dealing with the matter concerned;

        Tribunal means the State Administrative Tribunal established by this Act and constituted in accordance with this Act or an enabling Act;

        Tribunal member means a person who is appointed, or authorised to perform functions, as a member of the Tribunal under Part 6;

        vexatiously , in the context of bringing or conducting a proceeding, has the meaning given in section 4;

        vocational regulatory body means a body or person which or who, under an enabling Act prescribed by regulations for the purposes of this definition (a vocational Act ), exercises control over a person’s capacity to lawfully pursue a vocation, but does not include the Tribunal;

        witness means a person who appears before the Tribunal to give evidence, whether the person has been summoned to appear or appears without being summoned.

        (2)         Where section 44(3) or (4) gives jurisdiction to the Tribunal to deal with a matter, references in this Act to the enabling Act are to be disregarded in relation to that matter.

        (3)         If under an enabling Act a person’s failure or omission to do something is reviewable under this Act as a decision —

            (a)         this Act applies as if that person had made that decision; and

            (b)         any provision of the enabling Act as to when the decision is taken to have been made has effect.

        (4)         A reference in this Act to the making of an application to the Tribunal includes a reference to a matter being referred to or otherwise brought before the Tribunal.

        [Section 3 amended: No. 21 of 2008 s. 706(2); No. 9 of 2022 s. 400.]