State Administrative Tribunal of Western Australia
Encyclopedia
The State Administrative Tribunal (SAT) was established in Western Australia
in 2005 as an independent body that makes and reviews a range of administrative decisions.
Individuals, business
es, public officials and vocational boards can bring before the SAT many different types of applications related to civil, commercial and personal matters.
These range from reviews of multi-million dollar tax
judgments and dog destruction orders to disciplinary proceedings, guardianship questions and town planning and compensation
issues.
The SAT was established by the State Administrative Tribunal Act 2004 and the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (Conferral Act).
The Conferral Act refers to more than 150 existing Acts of Parliament
, known as enabling Acts. The enabling Acts give the SAT the jurisdiction
to make decisions on specific matters.
The SAT's approach is informal, flexible and transparent. The SAT:
aims to make the correct or preferable decision based on the merits of each application;
is not a court
and, therefore, strict rules of evidence do not apply;
encourages the resolution of disputes through mediation
;
allows parties to be represented by a lawyer
, a person with relevant experience or by themselves;
holds hearings in public in most cases; and
provides reasons for all decisions and publishes most of them on the website.
The SAT's objectives are set out in the State Administrative Tribunal Act 2004.
Streams
Given its broad jurisdiction, SAT matters are divided into four streams that enable procedures to be adapted to suit the type of matter and the needs of different people who use the SAT. The streams are:
Human Rights
Makes decisions that affect some of the most vulnerable people in our community in relation to guardianship, administration and discrimination
, and reviews decisions of the Mental Health Review Board.
Development & Resources
Reviews decisions made by Government regarding planning, development and resources, and hears matters relating to land valuation and compensation.
Vocational Regulation
Hears complaints concerning occupational misconduct
and reviews decisions concerning licensing.
Commercial & Civil
Deals with strata title
and retirement village disputes, commercial tenancy and credit and reviews State revenue decisions and other commercial and personal matters.
Organisation
A Supreme Court judge is President of the Tribunal. The President is assisted by two deputy presidents, who are District Court judges, and a number of members who are experienced in relevant fields.
The Tribunal is led by His Honour Justice Michael Barker
and is supported by a member complement of 16 full time members and over 100 sessional members. The 65 staff of the Tribunal were led by Executive Officer, Mr Alexander Watt.
In 2007 the WA Parliament
(Standing Committee on Legislation) commenced an inquiry into operations of the SAT. The report can be found at Website of the Parliament of Western Australia. The report is complimentary of the operations of the Tribunal.
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
in 2005 as an independent body that makes and reviews a range of administrative decisions.
Individuals, business
Business
A business is an organization engaged in the trade of goods, services, or both to consumers. Businesses are predominant in capitalist economies, where most of them are privately owned and administered to earn profit to increase the wealth of their owners. Businesses may also be not-for-profit...
es, public officials and vocational boards can bring before the SAT many different types of applications related to civil, commercial and personal matters.
These range from reviews of multi-million dollar tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
judgments and dog destruction orders to disciplinary proceedings, guardianship questions and town planning and compensation
Remuneration
Remuneration is the total compensation that an employee receives in exchange for the service they perform for their employer. Typically, this consists of monetary rewards, also referred to as wage or salary...
issues.
The SAT was established by the State Administrative Tribunal Act 2004 and the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (Conferral Act).
The Conferral Act refers to more than 150 existing Acts of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
, known as enabling Acts. The enabling Acts give the SAT the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to make decisions on specific matters.
The SAT's approach is informal, flexible and transparent. The SAT:
aims to make the correct or preferable decision based on the merits of each application;
is not a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
and, therefore, strict rules of evidence do not apply;
encourages the resolution of disputes through mediation
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
;
allows parties to be represented by a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, a person with relevant experience or by themselves;
holds hearings in public in most cases; and
provides reasons for all decisions and publishes most of them on the website.
The SAT's objectives are set out in the State Administrative Tribunal Act 2004.
Streams
Given its broad jurisdiction, SAT matters are divided into four streams that enable procedures to be adapted to suit the type of matter and the needs of different people who use the SAT. The streams are:
Human Rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
Makes decisions that affect some of the most vulnerable people in our community in relation to guardianship, administration and discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
, and reviews decisions of the Mental Health Review Board.
Development & Resources
Reviews decisions made by Government regarding planning, development and resources, and hears matters relating to land valuation and compensation.
Vocational Regulation
Hears complaints concerning occupational misconduct
Misconduct
A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts....
and reviews decisions concerning licensing.
Commercial & Civil
Deals with strata title
Strata title
Strata title is a form of ownership devised for multi-level apartment blocks and horizontal subdivisions with shared areas. The 'strata' part of the term refers to apartments being on different levels, or "strata"....
and retirement village disputes, commercial tenancy and credit and reviews State revenue decisions and other commercial and personal matters.
Organisation
A Supreme Court judge is President of the Tribunal. The President is assisted by two deputy presidents, who are District Court judges, and a number of members who are experienced in relevant fields.
The Tribunal is led by His Honour Justice Michael Barker
Michael Barker (judge)
Michael Laurence Barker is an Australian judge. He has been a Judge of the Federal Court of Australia since February 2009. He previously served as a Judge of the Supreme Court of Western Australia and as President of the Western Australian State Administrative Tribunal.Barker studied at the...
and is supported by a member complement of 16 full time members and over 100 sessional members. The 65 staff of the Tribunal were led by Executive Officer, Mr Alexander Watt.
In 2007 the WA Parliament
Parliament of Western Australia
The Parliament of Western Australia consists of the Legislative Council and the Legislative Assembly . The Parliament sits at Parliament House in Harvest Terrace, Perth....
(Standing Committee on Legislation) commenced an inquiry into operations of the SAT. The report can be found at Website of the Parliament of Western Australia. The report is complimentary of the operations of the Tribunal.