STATE ADMINISTRATIVE TRIBUNAL ACT 2004
Table of Provisions
PART 1 -- Preliminary
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 Tribunal
- 171 Fees for proceedings etc. in Tribunal
- 172 Rules Committee
- 173 Legislative Council inquiry