guardianship and administration decisions by SACAT
Guardianship and administration decisions made by SACAT (under the Guardianship and Administration Act) are subject to a review within SACAT by more senior members and judges.
These are 'Reviews of SACAT decisions', (and also called 'Internal Reviews'). These cases were formerly dealt with by the District Court on appeal from the Guardianship Board.
The decision you receive from SACAT will state if it can be reviewed by SACAT.
You cannot apply
In relation to a decision of the Tribunal not to authorise publication of a report of proceedings before the Tribunal
You can apply
In relation to all other decisions made by SACAT under the Guardianship and Administration Act
In most cases you will need to seek permission to apply for an internal review of a SACAT decision under the Guardianship and Administration Act.
You do not need permission of the Tribunal to apply for internal review in the case of
- an order for special powers to detain a person or
- where consent to prescribed medical treatment has been given ie to sterilisation or termination of pregnancy.
Special time limit and automatic stay of decision (a limit on when the treatment can start)
The time limit to apply for an internal review of a SACAT decision to consent to terminate a pregnancy (prescribed medical treatment) is within two working days of the decision.
If SACAT provides consent to any prescribed medical treatment under the Guardianship and Administration Act, the treatment cannot be undertaken until the period for taking an Internal Review has expired or until the internal review has been conducted and a decision made ( s 61 (6) of the Act).
Stay of decision
For all other decisions made by SACAT under this Act the decision will continue to operate even if an Internal Review is commenced. However, you can seek an order from SACAT or from the Supreme Court under s 73 of the SACAT Act 2013 to stay the operation of the decision until the Internal Review is finally decided. A stay of a decision means an order which stops the decision you want reviewed from operating until the review has been undertaken.
Who can apply?
An application can be made for an Internal Review of SACAT decisions made under the Guardianship and Administration Act by:
- the applicant in proceedings
- the person who the proceedings are about
- the Public Advocate
- any person who presented evidence or material or made submissions to the Tribunal in the proceedings
- any other person who satisfies the Tribunal of a proper interest in the matter.