Controlled Substances Act

Reviews of decisions made under Controlled Substances Act 1984 and Controlled Substances (Pesticides) Regulations 2017

From 4 May 2020, SACAT will receive review jurisdiction under the Controlled Substances Act 1984 and its regulations. This will enable SACAT to review certain decisions made by the Minister regarding licenses, authorities and permits granted under the Act.

Types of Decisions that can be reviewed by SACAT

SACAT can review the following decisions:

  • a decision of the Minister to suspend or revoke a licence, authority or permit;
  • a decision of the Minister to issue a Prohibition Order prohibiting a person from manufacturing, producing, packaging, selling, supplying, prescribing, administering, using or having possession of any substances or devices prescribed under the Controlled Substances Act. 
  • a decision by the licensing authority to not grant, impose conditions on, vary, suspend or cancel a pest control work licence

Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

Time Limits

A review must be instituted within 1 month of the making of the order.
The Minister must, if required by the appellant, state in writing the reasons for the order.

If the reasons of the Minister are not given to the person applying for a review, in writing, at the time of making the order and the person applying for review (within 1 month of the making of the order) requires the Minister to state the reasons in writing, the time for applying for a review runs from the time at which the appellant receives the written statement of those reasons.

The Tribunal may extend the time to apply for a review if it appropriate to do so in the circumstances.

Before applying to SACAT for a review of a decision by the Minister you must:

  1. Have a copy of the decision which you want to review – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘controlled substances’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (and press menu option 4, and then 6).

Attach a copy of the decision you are seeking to review:

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.

Relevant legislation:

Controlled Substances Act 1984