Child safety (prohibited persons)

Reviews of decisions made under Child Safety (Prohibited Persons) Act 2016

From 1 July 2019, SACAT will have review jurisdiction under the Child Safety (Prohibited Persons) Act 2016. This will enable a person who is in receipt of a Prohibition Notice to review the decision of the Central Assessment Unit to issue the notice.

Types of Decisions that can be reviewed by SACAT

SACAT can review the following decisions:

(a)         A decision of the central assessment unit to issue or revoke a prohibition notice;

(b)         Any other decision under this Act of a kind declared by the regulations to be included in the ambit of the definition of a reviewable decision as set out in the Act. 

Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

Time Limits

An application for review of a reviewable decision may be made to the South Australian Civil and Administrative Tribunal within 14 days after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow).
 

The South Australian Civil and Administrative Tribunal may only allow an extension of time if satisfied that—
 (a)         special circumstances exist; and

 (b)         another party will not be unreasonably disadvantaged because of the delay in commencing the proceedings.

Before applying to SACAT for a review of a decision by the Chief Executive you must:

  1. Have a copy of the decision which you want to review – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘child safety’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (and press menu option 4, and then 6).

Attach a copy of the decision you are seeking to review:

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.

Relevant legislation:

  • Child Safety (Prohibited Persons) Act 2016