review of SACAT decisions (internal review)
Decisions made by SACAT are subject to a review within SACAT by more senior members and judges. These are 'Reviews of SACAT decisions', (also called 'Internal Reviews'). These cases were formerly dealt with by the District Court on appeal from the Guardianship Board and the Residential Tenancies Tribunal.
The decision you receive from SACAT will state if it can be reviewed by SACAT. SACAT cannot advise you if you should lodge an internal review. It is suggested that you obtain some independent legal or other advice when considering your review options.
These reviews are conducted before the President, Deputy President or other senior tribunal members and may also involve the use of psychiatrists to assist SACAT in reaching a decision (for cases in the Community Stream of SACAT).
From 1 July 2019, amendments to the SACAT Act 2013 will require ‘leave’ or permission for the review to be granted by the President, Deputy President or a legal Tribunal Member before a review can be conducted.
When determining whether to grant permission, the Tribunal will consider the interests of justice, whether there is an arguable point and whether the subject matter of the review has sufficient substance to justify consideration.
Your review rights for Review of a SACAT decision are set out in section 70 of the SACAT Act 2013.
For decisions that were made by the Guardianship Board and Residential Tenancies Tribunal up until their closure, you can still seek an appeal in the District Court.
Types of decisions that can be reviewed
A Review of a Government decision, which is heard in the Administrative and Disciplinary Stream at SACAT, cannot be reviewed again in SACAT. In some cases there will be a right of appeal to the Supreme Court against those decisions (the decision you receive from SACAT will state whether you have a right of appeal to the Supreme Court).
In most cases, decisions made by SACAT in housing disputes can be reviewed. In these cases, any party to the original case before SACAT can apply to review a decision.
Decisions in the Community stream at SACAT may be able to be reviewed again within SACAT. The decisions that can be reviewed include:
- guardianship orders
- administration orders
- orders about consent to prescribed medical treatment
- orders about consent to prescribed psychiatric treatment
- orders made under the Advance Care Directives Act
- orders made under the Consent to Medical Treatment and Palliative Care Act
- some mental health orders made under the Mental Health Act
Section 70(2) of the SACAT Act 2013 allows a period of one calendar month from the date of the decision to lodge your review (except when consent is given to terminate pregnancy where there is a special time limit of two days).
You should take all steps necessary to submit your review within that timeframe. However if you still wish to submit your review after that time has expired you may apply to SACAT for an extension of time to review. This can be done when completing your notice of review. SACAT will either allow you to submit your review out of time, or refuse permission for you to do so.
For Community matters (cases under the Guardianship and Administration Act 1993, the Mental Health Act 2009, the Consent to Medical Treatment and Palliative Care Act 1995 and the Advanced Care Directives Act 2013) the person who the proceedings are about (that is the patient or protected person) does not have to pay a fee.
Any other Internal Review applicants are required to pay the fees prescribed by the South Australian Civil and Administrative Tribunal (Fees) Regulations 2019. For reference to the current fees and fee waiver/reduction options, please visit the fees and charges page.
If you don’t think you can afford to pay this fee you may apply to SACAT to have the fee waived for reasons of financial hardship, concession or other circumstances deemed appropriate by the Registrar.
How to apply
sacat.sa.gov.au – you can apply online using a personal computer, tablet or smart phone.
1800 723 767 - Users can submit applications over the phone with the help of a community access officer during business hours.
In person - Applications can be lodged at our public kiosks. Assistance is available from SACAT staff on request.
For more information regarding reviews phone 1800 723 767 to speak to a community access officer.