Reviews and appeals of SACAT decisions are governed by the South Australian Civil and Administrative Tribunal Act 2013 (SA) [see ss 70 – 73] and the relevant Act conferring jurisdiction on SACAT.

The commencement of an appeal or review will not affect the operation of the reviewed or appealed decision, unless there is an order by the reviewing court or Tribunal staying the operation of the decision [s 73(1) - (2)].

Internal reviews

An internal review of a Tribunal decision made in its original jurisdiction [s 70(1)(a)] or as constituted by a registrar or other staff member of the Tribunal [s 70(1)(b)] must be commenced within one month of the decision [s 70(2)]. This time limit can be extended if it is just and reasonable to do so [s 70(2)].

When the decision was made by the Tribunal in its original jurisdiction, the application for internal review is only allowed with the permission of a legally qualified member of the Tribunal [s 70(1a)(a)]. When the decision was made by the Tribunal constituted by a registrar or other Tribunal staff member, the application for internal review is only allowed with the permission of a Presidential member of the Tribunal [s 70(1a)(b)].

On an internal review, the Tribunal can review the decision on the evidence before it in the first instance alone or allow further evidence [s 70(4)].

The reviewing Tribunal may vary, affirm or set aside the decision under review, and substitute a new decision or return the matter to the Tribunal as originally constituted with relevant recommendations [s 70(6)]. The Tribunal may also make any ancillary or consequential orders it considers appropriate [s 70(7)].

A decision made on internal review is a decision made in the Tribunal's original jurisdiction, not its review jurisdiction [s 32(2)].

Appeals

An appeal against a decision of the Tribunal will be heard by a single judge of the Supreme Court or, if the Tribunal was constituted by or included a Presidential member, the Court of Appeal [s 71(1)]. Court rules may provide that a matter is to go to a single judge (in its general division) or the Court of Appeal [s 71(1a)].

Unless the relevant Act conferring jurisdiction says otherwise, an appeal may only be made with the permission of the Supreme Court [s 71(2)]. The relevant Act may limit or extend the Court's powers of review.

Appeals must be commenced within one month of the decision [s 71(3)]. This time limit can be extended if it is just and reasonable to do so [s 71(3)].

On appeal, the Court may vary, affirm, or set aside the decision, and substitute a new decision or return the matter to the Tribunal with relevant recommendations or directions [s 71(4)]. It may also make any ancillary or consequential orders it considers appropriate [s 71(5)].

A Presidential member of the Tribunal may reserve a question of law for determination by the Court of Appeal [s 72].

Always check the relevant Act for additional rights, limitations and other procedures of reviews and appeals.