Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used in this Act
4. What it means to bring or conduct proceeding vexatiously
5. Enabling Act prevails
6. Crown bound
PART 2 -- The State Administrative Tribunal
7. Tribunal established
8. The Tribunal’s jurisdiction
9. Main objectives of the Tribunal
10. Tribunal to operate throughout the State
11. President specifies who constitutes the Tribunal
12. Contemporaneous exercise of Tribunal’s jurisdiction
PART 3 -- Jurisdiction of the Tribunal
Division 1 -- Preliminary matters
13. Source of jurisdiction
14. Kinds of jurisdiction
Division 2 -- Original jurisdiction
15. What comes within original jurisdiction
16. Exercising original jurisdiction
Division 3 -- Review jurisdiction
Subdivision 1 -- General provisions
17. What comes within review jurisdiction
18. Exercising review jurisdiction
19. Relationship of statutory right of review to judicial review
Subdivision 2 -- Information about reviewable decision
20. Advice of decision and right to have it reviewed
21. Statement of reasons for decision
22. Tribunal may order decision-maker to provide reasons
23. Exceptions to what has to be provided
24. Provision of documents and material by decision-maker
Subdivision 3 -- The review
25. Effect of proceeding on reviewable decision
26. Restriction on powers of decision-maker after review commenced
27. Nature of the hearing
28. Considering government policy
29. Powers of Tribunal on review
30. Decision-maker to assist Tribunal
31. Tribunal may invite decision-maker to reconsider
PART 4 -- Tribunal’s procedures
Division 1 -- Introduction
32. Practice and procedure, generally
33. Practice notes
34. Directions
35. Obtaining information from third parties
36. Parties
37. Intervening in proceeding
38. Joining as a party
39. Representation
40. Tribunal may appoint representative or guardian
41. Interpreters
Division 2 -- Preliminary procedures
42. Commencing proceeding
43. Fee for commencing proceeding
44. Rejecting an application or accepting an application conditionally
45. Who has to be given a copy of an application
46. Dismissing proceeding on withdrawal or for want of prosecution
47. Unjustified proceedings
48. Conduct of proceeding causing disadvantage
49. Restriction on new application
50. More appropriate forum
51. Consolidation of proceedings
52. Compulsory conference
53. Failure to attend compulsory conference
54. Mediation
55. Evidence of certain things inadmissible
56. Settlement
Division 3 -- Proceedings and hearings
57. Presiding member
58. Decision of Tribunal if 2 or more sitting members
59. Deciding questions of law
60. Electronic hearings and proceedings without hearings
61. Public hearings
62. Publication of information from or about a proceeding
63. Notice of hearings
64. Tribunal may call on expert or professional assistance
65. Special referees
66. Summoning witness
67. Powers relating to witnesses
68. Privilege against self-incrimination
69. Other claims of privilege
70. Oaths and affirmations
71. Authorising person to take evidence
72. Dealing with things produced
Division 4 -- Decisions made by Tribunal
73. Conditional and ancillary orders and directions
74. Form of decision
75. To whom copy of written decision has to be given
76. Time limit for reserved decision
77. Reasons for final decision
78. Written reasons may be requested
79. Written decision or reasons using transcript
80. Confidentiality in relation to reasons for decision
81. Validity of decision
82. When decision has effect
83. Correcting mistakes
84. Tribunal may review its decision if person was absent
85. Enforcement of monetary order
86. Enforcement of decision other than monetary order
Division 5 -- Costs
87. Costs of parties and others
88. Costs of proceeding
89. Amount of costs
Division 6 -- Other procedural provisions
90. Injunction
91. Declaration
92. Relief from procedural requirements
93. Minor matters procedure
94. Tribunal to give Supreme Court documents and things
Division 7 -- Offences
95. Failing to comply with decision
96. Failing to comply with summons
97. Failing to give evidence as required
98. Giving false or misleading information
99. Misbehaviour and other conduct
100. Contempt
Division 8 -- Arrest warrants
101. Exercise of powers under this Division
102. Arrest
103. Conditional release from custody
104. Review by Supreme Court
PART 5 -- Appeals from Tribunal’s decisions
105. Appeal from Tribunal’s decision
106. Effect of decision against which appeal made
PART 6 -- Tribunal’s membership and other provisions
Division 1 -- Members of the Tribunal
Subdivision 1 -- Kinds of members
107. Tribunal members
Subdivision 2 -- President
108. Appointment of President
109. Tenure of President’s office
110. Vacating office prematurely
111. President’s status as Supreme Court Judge
Subdivision 3 -- Deputy President
112. Appointment of Deputy President
113. Tenure of Deputy President’s office
114. Vacating office prematurely
115. Deputy President’s status as District Court Judge
Subdivision 4 -- Ex officio members
116. Magistrates to be ex officio members
Subdivision 5 -- Other members
117. Appointment of non-judicial members
118. Tenure of non-judicial office
119. Conditions of service as non-judicial member
120. Outside employment prohibited
121. Code of conduct
122. Suspension of non-judicial member
123. Why termination may be recommended
124. Investigation of non-judicial member
125. Action on investigator’s report
126. Deciding whether to recommend termination
127. Vacating office prematurely
Division 2 -- Acting and supplementary members
Subdivision 1 -- Acting President
128. Appointment to act as President
129. Terminating acting prematurely
130. Acting President’s status as Supreme Court Judge
131. Deputy President may sometimes act as President
132. Deputy President’s allowance for acting as President
133. Consequences of acting
Subdivision 2 -- Acting Deputy President
134. Appointment to act as Deputy President
135. Terminating acting prematurely
136. Acting Deputy President’s status as District Court Judge
137. Consequences of acting
Subdivision 3 -- Supplementary judicial members
138. Supplementary President
139. Supplementary President’s status as Supreme Court Judge
140. Supplementary Deputy Presidents
141. Supplementary Deputy President’s status as District Court Judge
Division 3 -- Other matters about Tribunal members
142. Fixing the period of appointment
143. Training
144. Disclosure of interests
145. Completion of matters
PART 7 -- Administration
146. Responsibility for administration of Act
147. President to advise Minister
148. Executive officer and other staff of Tribunal
149. Delegation by judicial member
150. Annual reports of the Tribunal
151. Laying before House of Parliament that is not sitting
PART 8 -- Other matters
152. Official seal
153. Judicial notice
154. Validity of decisions
155. Register of proceedings
156. Publication of Tribunal’s decisions
157. Secrecy
158. Protection from disclosure by others
159. Whether disclosure contrary to public interest
160. How Tribunal is to deal with protected matter
161. Application of the Freedom of Information Act 1992
162. Parliamentary privilege not affected
163. Immunity
164. Protection from liability
165. Protection for compliance with this Act
166. Proceedings for defamation not to lie
167. Transfer of jurisdiction
168. Arrangements with Parliamentary Commissioner
169. Regulations
170. Tribunal’s rules
171. Provisions as to fees
172. Rules Committee
173. Legislative Council inquiry
PART 9 -- Minor amendments to other Acts
174. Constitution Acts Amendment Act 1899 amended
175. Interpretation Act 1984 amended
176. Legal Representation of Infants Act 1977 amended
177. Parliamentary Commissioner Act 1971 amended
SCHEDULE 1 -- Relevant Acts for section 105
[Assented to 23 November 2004]