Review of decisions by South Australian Civil and Administrative Tribunal
18ZI Review of decisions by South Australian Civil and Administrative Tribunal
The
South Australian Civil and Administrative Tribunal is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of a reviewable decision.
Subject to this section, an application for review of a reviewable decision may be made to the South Australian Civil and Administrative
Tribunal within 14 days after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow).
An application for review of a decision to suspend a clearance cannot be made until the suspension has been in force for at least 6 months.
The
South Australian Civil and Administrative Tribunal may only allow an extension of time under subsection (2) if satisfied that—
special circumstances exist; and
another party will not be unreasonably disadvantaged because of the delay in commencing the proceedings.
In this section—
non‑reviewable decision—the following decisions are non‑reviewable decisions:
a decision to issue an exclusion, or to cancel a clearance, where the applicant or holder is a disqualified person;
a decision to issue an exclusion, or to cancel a clearance, where the applicant or holder is a presumptively disqualified person as a result of there being pending criminal charges against the person;
any other decision under this Part of a kind declared by the regulations to be included in the ambit of this definition;
reviewable decision—the following decisions (other than a decision that is a non‑reviewable decision) are reviewable decisions:
a decision to issue an exclusion;
a decision to terminate an application for a clearance;
a decision to suspend a clearance;
a decision to cancel a clearance (other than a cancellation at the request of the holder of the clearance);
any other decision under this Part of a kind declared by the regulations to be included in the ambit of this definition.
This provision refers to the regulations (declared by the regulations
). Made under this Act:
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