Who is involved in my hearing?

There are a number of different people involved in a SACAT hearing. Some parties are only involved in certain matters.

Tribunal Member

The Tribunal Member is the person who will hear and decide your case. They are not a judge and SACAT is more informal than a Court. The Tribunal Member will hear the evidence you provide and make a decision according to the law.

Learn more about our Tribunal Members

Applicant

The applicant is the person who makes the application to SACAT. They are the person who wants SACAT to make a guardianship or administration order.

This does not necessarily mean that they want to be appointed as the guardian or administrator themselves.

The applicant usually speaks first to provide their evidence and say what they think is the right decision, for example that a guardianship order should be made.

Protected person

The protected person is the person who the application is about. They are a person protected by the law because of their disability, incapacity or illness.

If an administration order is made, the appointed administrator will be responsible for some or all of the protected person’s financial and legal affairs.

If a guardianship order is made, the appointed guardian may be responsible for some or all of the protected person's accommodation, health, services and/or access decisions.

Where possible, SACAT will try to obtain the protected person's views about the application and involve them in any hearings. The protected person may decide not to participate or may not be able to do so.
Sometimes, if the person can provide their wishes or views but cannot come to SACAT, a Tribunal Member will visit them, explain what the application is about, and listen to their views.

Interested person

An interested person is someone who has an interest in the matter but not in a legal capacity. They are usually listed on the application by the applicant.

They may or may not participate in the hearing.

In an application for a guardianship or administrator order, an interested person may be a family member of the protected person or someone who is involved in their life and wishes to provide evidence about the application (for example, a Director of an Aged Care Facility where the person resides).

Interested party

An interested party is an individual or organisation who has a legal interest in the matter before SACAT. An individual or organisation must be joined to a SACAT matter to be an interested party and be involved in the matter.