› Exclusion of appeal rights by conferring legislation
Administrative law
› Administrative tribunals
› South Australian Civil and Administrative Tribunal
› Competence of appeal under s 71 SACAT Act
Landlord and tenant
› Community housing
› Rent setting
› Cessation of National Rental Affordability Scheme
Landlord and tenant
› Periodic tenancy
› Construction of lease terms
› Continuation of terms and conditions under s 79A Residential Tenancies Act 1995 (SA)
Quick Take
1Clause 4(9) of Schedule 2 to the Community Housing Providers (National Law) (South Australia) Act 2013 expressly excludes the application of s 71 of the SACAT Act to decisions of SACAT made under that Schedule, rendering any purported appeal to the Supreme Court incompetent; cl 4(8), which preserves the right to take proceedings in a court, does not override this exclusion so as to restore s 71 appeal rights.
2Where a lease contains rent-setting provisions expressly linked to the NRAS and expressed to apply only while the premises are part of that scheme, those provisions are spent upon the expiry of the NRAS allocation; the continuation of the tenancy as a periodic tenancy on the same terms under s 79A of the Residential Tenancies Act 1995 (SA) does not revive or perpetuate the NRAS methodology.
3The question whether judicial review (as distinct from statutory appeal) might remain available for SACAT decisions under Schedule 2 to the CHP Act was left open.
