State Administrative Review

Contributed by Margaret Jordan and current to 1 September 2005

JURISDICTION

The State Administrative Tribunal (“SAT”) commenced in January 2005. The SAT replaced the functions of nearly 50 industry and public sector boards and tribunals to create the most comprehensive administrative jurisdiction in Australia. Its focus is on informality and mediation. Under the legislation, the SAT encompasses two jurisdictions: one is the review of decisions that are currently determined by the courts, Government Ministers or public officials, and vocational licensing decisions. The other is original jurisdiction in relation to:

• disciplinary proceedings affecting a number of statutorily regulated trades and professions, including:
– doctors
– lawyers
– architects
– nurses
– motor vehicle dealers
– plumbers
– electricians
– finance brokers
– real estate agents.

• civil, commercial or personal matters including:
– equal opportunity cases
– disputes about strata titles
– guardianship matters.

The SAT is divided into four divisions:
• Human Rights and Equal Opportunity
• Resources and Development
• Vocational Regulation
• Civil and Commercial.

PROCEDURE

The key features of the SAT are:
• A simple application form tailored to the needs of different applicants;
• Applicants to SAT or parties to proceedings may be represented by legal practitioners;
• Mediation is encouraged. SAT has the power to refer parties to attend a compulsory conference or mediation where appropriate;
• SAT gives reasons for its final decisions; and
• Hearings of SAT are public, unless the enabling Act or the Tribunal specifies otherwise.

In some cases, where the subject matter of the dispute can be ascribed a monetary value of $7,500 or less, the applicant may choose to have it dealt with as a minor proceeding. In this case, the applicant may elect to have the matter dealt with without a hearing (the matter will be dealt with on documents), without legal representation, and with no appeal. All parties to the matter must abide by the applicant’s choices.

HOW TO APPLY

Necessary forms for applications can be obtained from the SAT on-line ( www.sat.justice.wa.gov.au). Applications with any supporting documents should be sent or delivered to SAT at the contact address listed at the end of this chapter. In special circumstances, such as when an applicant lives in a remote location, the SAT may agree to the application being emailed or faxed.

Further information about the SAT’s jurisdiction and procedures is available from its website: www.sat.justice.wa.gov.au.