The establishment of the State Administrative Tribunal represented a major reform within the WA system of justice and public administration.
It amalgamated some, or all, of the review, civil and disciplinary functions of nearly 50 industry and public sector boards and tribunals (full list - PDF) and a number of courts in creating one of the most comprehensive administrative jurisdictions in Australia.
Why the State Administrative Tribunal was created.
The SAT was created following recommendations by the Law Reform Commission's 1999 Review of the Criminal and Civil Justice System.
Subsequently, a taskforce was set up in March 2001 to develop a model for a civil and administrative review tribunal. Chaired by Michael Barker QC (now the Honourable Justice Barker of the Supreme Court of WA), it included seven other members with experience in government, law and administrative review.
The taskforce surveyed WA boards, tribunals and courts. It compared the State's system with the newer streamlined systems of administrative review set up by the Commonwealth, New South Wales and Victorian governments.
The WA Civil and Administrative Review Tribunal Taskforce Report (PDF) identified the benefits of a State Administrative Tribunal as:
- removing confusion in the public mind because one overarching tribunal is identified as the place where they can seek redress;
- creating less formal, less expensive and more flexible procedures than used in traditional courts;
- providing more appropriate and timely means for citizens to obtain administrative justice;
- developing best tribunal practices across various jurisdictions;
- improving public accountability of official decision making; and
- avoiding the ad hoc creation of new tribunals in areas of emerging government decision making.
Establishing the SAT
The Department of Justice's Court Services division was given the task of developing the proposed Tribunal.
The Bill creating the SAT was introduced into Parliament in 2003. See SAT Jurisdiction.
After passing through the Legislative Assembly, the Bills were considered by the Legislative Council's Standing Committee on Legislation. On 11 November 2004, the Bills were passed into law and on 4 January 2005 the State Administrative Tribunal opened for business.
For further information on submissions regarding the SAT legislation, visit the website of the Legislative Council's Standing Committee on Legislation.
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