General practice and procedures:

SACAT hearings are generally in public [South Australian Civil and Administrative Tribunal Act 2013 (SA) s 60] and a member of the public can apply to inspect various documents, transcripts and decisions [s 90].

SACAT can hear proceedings without a party being present [see s 43(2)(f)]. Proceedings are less formal than in a court, and SACAT is not bound by the rules of evidence and acts without regard to legal technicalities and with minimal formality [ss 8, 39]. However, the Tribunal has discretion to adopt relevant findings or decisions of other courts or tribunals [s 39(1)(b)].

Legal representation is generally allowed, unless the relevant Act conferring jurisdiction says otherwise. Parties can also represent themselves or can seek permission to be represented by other non-legal representation [s 56].

Proceedings can be electronically heard (by telephone or video link) [s 67], and will be recorded by video or audio or other recording [see further s 90(2)(d) and South Australian Civil and Administrative Tribunal Regulations 2015 (SA) reg 10].

It is an offence to contravene or fail to comply with an order of SACAT (other than a monetary order), with a maximum penalty of $50,000 or imprisonment for 2 years [s 89(2)]. Monetary orders can be recovered in the Magistrates Court or the District Court, depending on the amount owed [s 89(1); see also South Australian Civil and Administrative Tribunal Regulations 2015 (SA) reg 9].

Powers of SACAT

Similar to a charge of contempt of court, it is an offence for a person who is called to give evidence to [s 40(4)]:

The maximum penalty is$25,000 or imprisonment for 1 year [s 40(4)].

It is also an offence to wilfully interrupt Tribunal proceedings, use offensive language, or behave in a disorderly or offensive manner, with a maximum penalty of $10,000 or imprisonment for 6 months [s 93A].

SACAT has the power to enter land and buildings relevant to a proceeding [s 41]. Obstructing a Tribunal member or other authorised person is an offence with a maximum penalty of $10,000 or imprisonment for 6 months [s 41(3)].

Other powers of SACAT include:

Emphasis on negotiated outcomes

SACAT has a strong emphasis on negotiated outcomes. SACAT has the power to order the parties to attend a compulsory alternative dispute resolution conference or mediation [ss 50-51] and also has the ability to itself try to achieve a negotiated settlement of the matter [s 52]. More detail may be provided in the relevant Act conferring jurisdiction.

Costs

Generally, parties bear their own costs (unless the relevant Act conferring jurisdiction says otherwise) [s 57]. Costs may be ordered against a party if SACAT thinks it appropriate [s 57]. [See further ss 57-58, 62, South Australian Civil and Administrative Tribunal Regulations 2015 (SA) reg 11].