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SACAT Jurisdiction

SACAT has original and review jurisdiction [South Australian Civil and Administrative Tribunal Act 2013 (SA) ss 31 - 38]:

  • Original Jurisdiction – where an Act confers original jurisdiction, SACAT is the original decision-maker, and there will be an internal right of review process [s 33]
  • Review Jurisdiction – in SACAT's review jurisdiction, it has the power to affirm, vary or set aside a decision and substitute it or send the matter back to the original decision-maker for reconsideration [s 34].

A review will be by way of rehearing [s 34(3)]. SACAT must give appropriate weight to the decision of the original decision-maker, but must reach the correct or preferable decision [s 34(4)]. At any stage in the proceedings, SACAT may invite the original decision-maker to reconsider its decision [s 38].

Refer to the relevant Act (the specific Act conferring jurisdiction) as to any limitations or extensions on this power of review [ss 34(6)-(7)].

SACAT Jurisdiction  :  Last Revised: Wed May 7th 2025
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.