requesting a transcript, audio recording or other documents
Parties and members of the public may, on request, inspect or receive a copy of evidence and proceedings before the Tribunal (there are special considerations for matters under the Guardianship and Administration Act, the Advance Care Directives Act, the Consent to Medical Treatment Act and the Mental Health Act). Charges may apply.
In addition, the Tribunal is able to refuse access to certain material and may decide to preserve confidential material from disclosure where appropriate. This decision is discretionary and undertakings may be sought or conditions made regarding the use or publication of any material provided.
For matters under the Guardianship and Administration Act, the Advance Care Directives Act, the Consent to Medical Treatment Act and the Mental Health Act:
- Special considerations apply in these proceedings due to the confidential and sensitive nature of the evidence given in Tribunal proceedings.
- The Tribunal may only allow the disclosure of a transcript or audio recording of hearing if it is satisfied that the person who applied has a 'proper interest' in the matter and then whether the release of the audio recording or transcript is appropriate.
- A person with a ‘proper interest’ would include a party to the proceedings and their legal representatives. The parties in mental health matters are the applicant and the subject person. The parties in guardianship and administration matters are the applicant, the subject person and persons appointed by SACAT under order of the Tribunal as guardian or administrator.
- Other persons, such as family members and other persons who attended the hearing as a witness or a support person and members of the public, are not parties to the proceedings but may still make a request.
- On receipt of a request the Tribunal will consider the nature of the hearing, the interest and role of the person making the request, the purpose of the request, issues of confidentiality of personal information, and other relevant considerations including whether the release of audio or transcript may result in ‘serious harm’ to any person (as set out in Rule 45(b) of the SACAT Rules).
How to make a request
A request for a transcript, audio recording or other special service requests should be in writing and can be made by email firstname.lastname@example.org or post to SACAT.
If approved, release of audio recordings will incur a flat fee of $24.90.
The SACAT Rules provide that you must make a written undertaking that you will not copy or distribute the audio recording, transcript or other documentary evidence, or use it for any purpose that is inconsistent with any condition imposed by the Tribunal, without first seeking the Tribunal’s permission.
There are various charges for other service request like requesting copies of documents or searching or inspecting a record. All the fees are set out in the South Australian Civil and Administrative Tribunal (Fees) Regulations 2017.
Written transcripts are prepared externally and charges reflect the costs of providing this transcription service. Fees for transcription are charged in blocks of thirty minutes:
- $173.00 for the first 30 minutes (or less)
- $130.00 for each additional 30 minutes.
For example, a request for a transcript of a recording of length 1-30 minutes will cost $173.00; a transcript of recording of length 31-60 minutes will cost $303.00.
Service fees may be reduced or waived at the discretion of a member or registrar. No service fees apply to guardianship related and mental health matters unless the request is for transcript.