There are a number of legal organisations and support services that may be able to assist you with your SACAT matter.
SACAT is much less formal than a court and its procedures are less complicated. Most people who come before SACAT do not have legal representation.
If you are being legally represented, it is usually at your own cost. You can find a list of legal services that may assist you here: Getting help elsewhere | South Australian Civil and Administrative Tribunal
Your lawyer is required to file a Notice of Acting with SACAT so that we are aware of who to contact for your matter. See more information for legal practitioners.
There may also be things you need to do if you want a lawyer to represent you at SACAT.
Requirements for certain matters
In housing matters, you must have the Tribunal's permission to be legally represented. The Tribunal will only grant permission where specific requirements are met, such as:
- All parties agree to the representation and SACAT is satisfied that it will not unfairly disadvantage a person who is not represented or
- SACAT is satisfied that you are unable to present your case properly without assistance or
- Another party to the dispute is a lawyer themselves or is represented by a professional representative or
- The Commissioner for Consumer Affairs has intervened or is involved in the proceedings
There are also requirements for you to be represented by someone who is not a lawyer, including an advocate, such as:
- The party is a body corporate and the representative is an officer or employee of the body corporate or
- The party is a landlord or rooming house proprietor and the representative is an agent, or an officer or employee of the agent, appointed by the landlord or rooming house proprietor to manage the premises on that person's behalf or
- All parties agree to the representation and SACAT is satisfied it will not unfairly disadvantage a person who is not represented or
- SACAT is satisfied that the party is unable to present their case property without assistance
Most people who come before SACAT for guardianship and administration orders do not have legal representation.
If SACAT makes a guardianship and administration order that you think is incorrect, you can make an application for internal review.
An internal review involves a different SACAT Member looking at the decision that was made, along with all the evidence provided, and deciding whether it was the correct or preferable decision.
In an internal review, the person who is the subject of the proceedings is entitled to free legal representation.
Any lawyer appointed will act only on instructions from the protected person and will represent the best interests of the protected person where the person is unable to provide instructions.
In disciplinary and administrative review applications, the government agency or regulatory body bringing the application is usually legally represented.
It can be helpful to seek legal advice before making an administrative review application or defending a disciplinary matter at SACAT. This is because of the complexity of these matters and the potential for an order to be made against you requiring that you pay the costs of the other party.
