Dangerous Substances Act

Reviews of decisions made under the Dangerous Substances Act 1979 and the Dangerous Substances (Dangerous Goods Transport) Regulations 2008

From 4 May 2020, SACAT will have review jurisdiction under the Dangerous Substances Act 1979 and its regulations. This will enable SACAT to review certain decisions made by the Competent Authority licences, accreditation, permits, approvals and determinations. 

Types of Decisions that can be reviewed by SACAT

SACAT can review the following decisions made by the Competent Authority:

  • A decision relating to a licence, accreditation or permit is dissatisfied with the decision; or
  • A decision to issue a notice under Part 6 of the Act to secure compliance with a requirement imposed by the Act, or averting, eliminating or minimising danger to the health or safety of a person, or to the safety of property or to the environment that has arisen from an activity involving a dangerous; or
  • A decision not to grant the exemption, or to impose a particular condition on an exemption.
  • A decision of the competent authority relating to a determination
  • A decision of the competent authority relating to an approval

Please note that prior to applying to SACAT for a review the applicant for review must have filed an application for reconsideration with the Competent Authority in accordance with Regulation 167 of the Dangerous Substances (Dangerous Goods Transport) Regulations 2008.

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

Time Limits

An application for a review must be made—

  1. in the case of a review of a decision to issue a notice under Part 6 of the Act to secure compliance or to avert, eliminate or minimise danger — within 14 days of the receipt of the notice; or
  2. in the case of a review under subsection(2) – 28 days
  3. in any other case—within 1 month after the applicant receives notice of the relevant decision,

(or within such longer period as the Tribunal may allow).

Before applying to SACAT for a review of a decision by the Competent Authority 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 ‘dangerous substances’ 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:

Dangerous Substances Act 1979