SACAT Appeals and Reviews [see South Australian Civil and Administrative Tribunal Act 2013 (SA) ss 70 – 73 and also the relevant Act]

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

Internal reviews

An internal review of a decision made by the Tribunal in its original jurisdiction [s 70(1)(a)] or constituted by a registrar or other staff member of the Tribunal [s 70(1)(b)] must be made within one month of the decision; however if it is just and reasonable to do so this time limit can be extended [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 leave (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 staff member of the Tribunal, the application for internal review is only allowed with the leave (permission) a Presidential member of the Tribunal [s 70(1a)].

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, set aside (and substitute or return the matter to the original Tribunal with relevant recommendations), and order any ancillary or consequential orders it considers appropriate [s 70(6)-(7)].

Note that a decision made at an internal review is a decision made as part of the Tribunal's original jurisdiction, not its review jurisdiction [s 32(2)].

Appeals

Appeals against a decision of the Tribunal lie in the Supreme Court, to a single Judge or, where the Tribunal included a Presidential member, to the Court of Appeal division of the Supreme Court [s 71(1)]. However the Rules of the Supreme Court may provide that a matter go to a single Judge (in its general division) or the Court of Appeal [s 71(1a)].

Unless a relevant Act says otherwise, an appeal may only be made with the permission of the Supreme Court [s 71(2)].

Refer to the relevant Act as to any limitations or extensions on this power of review [ss 34(6)-(7)]. For example, a relevant Act may provide that certain matters may not be taken on appeal to the Supreme Court.

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

The Court may vary, affirm, set aside (and substitute or return the matter to the Tribunal with relevant recommendations or directions), and order any ancillary or consequential orders it considers appropriate [s 71(4)].

Questions of Law can be reserved for determination by the Court of Appeal division of the Supreme Court [s 72].

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

Decisions should be fairly immediate, with more complex cases or less pressing matters, taking more time. They should also be straight forward, in line with the objects of the Act.

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