Local government building controls
Local government building controls
People who are unhappy with a decision made by a local government under Part XV of
the Local Government (Miscellaneous Provisions) Act 1960 can apply to the SAT for a review.
Most of the applications involve orders from a local government to remove or alter a structure
(Section 401). However, reviews can be brought under another 20 sections of the Act as well as
Section 26 of the Strata Titles Act 1985.
Application forms can be completed online, using the SAT Wizard under Applications or printed
forms can be obtained by telephoning the SAT. See Contact SAT.
What are the special requirements for decisions makers?
Sections 21 & 22 of the State Administrative Tribunal Act 2004 outline the requirements for local governments to produce written reasons for their original decisions. These requirements are summarised in Respondents' Role.
Can agreements be reached without the SAT?
Yes. In dealing with similar applications over a number of years, the Minister for Local Government and the Minister for Housing and Works found that matters could often be resolved amicably through discussion between the parties. The SAT will try to facilitate a similar outcome wherever possible.
Therefore, after receiving an application for review, in most cases the SAT will send letters to the applicant and
the local government, and the local government will be asked to attempt to resolve the matter by agreement. If an
agreement is reached, no further involvement by the SAT may be necessary, or consent orders may be made by the SAT.
What if an agreement cannot be reached?
If agreement is not possible, the SAT may deal with the matter by:
- listing it for a directions hearing, where the parties will be required to attend and the future conduct of the matter will be decided; or
- considering the matter on the papers, with no appearances required (see Decisions based on documents).
The SAT's objective is to resolve questions according to the substantial merits of the case. The SAT will act speedily
and with as little formality and technicality as practicable, while minimising costs.
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