Western Australian Numbered Acts

STATE ADMINISTRATIVE TRIBUNAL ACT 2004 (NO. 54 OF 2004) - SECT 93

93 .         Minor matters procedure

        (1)         In this section —

        “ legally qualified person ” means —

            (a)         a legal practitioner or a person entitled to practise as a legal practitioner in any other place; or

            (b)         any other person who, in the opinion of the Tribunal, has such qualifications or experience in law (whether acquired in Western Australia or in any other place in or outside Australia) as would be likely to afford an advantage in the proceeding;

        "minor proceeding" means —

            (a)         a proceeding in which a monetary value can be ascribed to the matter in issue other than —

                  (i)         a proceeding in which that monetary value exceeds the specified amount;

                  (ii)         a proceeding dealing with a decision of a vocational regulatory body or a matter brought before the Tribunal by a vocational regulatory body or by another person under a vocational Act; or

                  (iii)         a proceeding of a kind that an enabling Act excludes from the operation of this section;

            (b)         proceeding of a kind that the regulations include in the operation of this section; or

            (c)         a proceeding of a kind that an enabling Act includes in the operation of this section;

        "specified amount" means $7 500 and, on and after 1 January 2009, means $10 000.

        (2)         At or before an initial directions hearing in a minor proceeding the applicant may make one or more of the following elections in relation to the proceeding —

            (a)         a no legal representation election;

            (b)         a no hearings election;

            (c)         a no appeals election.

        (3)         If the applicant makes a no legal representation election, a party —

            (a)         cannot be represented by a legally qualified person; and

            (b)         cannot be represented by any other person except as authorised by section 39(1)(a) to (f).

        (4)         If the applicant makes a no hearings election, the Tribunal is to conduct the proceeding in accordance with section 60(2).

        (5)         If the applicant makes a no appeals election, any decision in the proceeding is final and is not subject to appeal or review whether under Part 5 or otherwise.

        (6)         Without limiting section 170, the rules may provide for the practice and procedure to be followed in a proceeding in relation to which an election is made under subsection(2) and, for that purpose, may include provisions that modify the operation of this Act.