Gene Technology Act

Reviews of decisions made under the Gene Technology Act 2001

From 4 May 2020, SACAT will receive review jurisdiction under the Gene Technology Act 2001. This will enable SACAT to review certain decisions made by the Office of the Gene Technology Regulator to review that decision with SACAT.

Types of Decisions that can be reviewed by SACAT

The Tribunal has the power to review a decision of the Regulator. Namely a decision to:

  • refuse to consider an application on the basis that the applicant is not a suitable person to hold a licence
  • refuse to issue a licence
  • impose a licence condition
  • suspend or cancel a licence
  • refuse to transfer a licence
  • vary a licence
  • refuse to vary a licence
  • refuse to certify a facility
  • specify a condition of a certification
  • vary a certification
  • refuse to transfer a certification
  • refuse to accredit an organisation
  • specify a condition of an accreditation
  • vary an accreditation
  • suspend or cancel an accreditation
  • refuse to declare information to be confidential commercial information
  • revoke a declaration that information is confidential commercial information

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

Time Limits

An application for review of a decision must be instituted within 28 days after the making of the decision being reviewed (or such longer period as the Tribunal may allow).

Before applying to SACAT for a review of a decision by the Director 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 ‘gene’ 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:

Gene Technology Act 2001