supported residential facilities

Reviews of decisions made under the Supported Residential Facilities Act 1992 (SA)

 

From 4 October 2018, SACAT will have original and review jurisdiction under the Supported Residential Facilities Act 1992 (SA). This will enable reviews of certain decisions made by licensing authorities.

Types of Decisions that can be reviewed by SACAT

SACAT can review decisions made by the licensing authority:

  • To grant a licence to the proprietor of a Supported Residential Facility
  • To refuse to grant a licence to the proprietor of a Supported Residential Facility
  • To impose conditions on a licence to operate a Supported Residential Facility
  • To renew or not renew a licence to operate a Supported Residential Facility
  • Determining a dispute between a resident of a Supported Residential Facility and the proprietor of the Facility
  • Determining an objection by a resident to a decision of the proprietor to terminate their contract
  • Determining an application by a resident that the proprietor has failed to comply with the terms of their contract
  • To issue a default notice for failure:
    • to comply with the Act
    • to administer the facility in accordance with the principles in the Act
    • to comply with a condition of the licence
    • to correct irregularities or difficulties which have occurred in the management of the facility or the care of any resident.

SACAT will also have original jurisdiction to resolve disputes that arise between parties in relation to any act of an Administrator appointed to administer a facility where the registered proprietor has had their licence cancelled.

Time Limits

Generally, an application for review of a decision must be lodged within:

  • 28 days of receiving notice of the decision
  • 14 days of the receipt of a default notice
  • In special circumstances, the Tribunal may permit you to make an application after this time.

Before applying to SACAT for a review of a Licensing Authority decision you must:

  1. Have a copy of the decision which you want to challenge – 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 ‘supported’ 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 (select option 4 and then menu option 5).

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.
  • Welfare Rights Centre - www.wrcsa.org.au – The Welfare Rights Centre will provide free legal advice to people who are low income earners or are at risk of homelessness. In some instances the Welfare Rights Centre may represent a member of public at the Tribunal.

Relevant legislation:

·         Supported Residential Facilities Act 1992 (SA)