local government

Reviews of decisions under the Local Government Act 1999 (SA)

From 4 October 2018, SACAT will have review jurisdiction under the Local Government Act 1999 (SA). This will allow SACAT to review certain decisions made by local councils under the Act.

Types of Decisions that can be reviewed by SACAT

SACAT can review the following decisions of a local council to:

  • Attribute a land use for the purposes of levying differential rates
  • Alter the rate assessment record
  • Order a person to fence, empty, drain, fill or cover land where a hazard exists or is likely to become a danger to the public
  • Order a person to remove overgrown vegetation, cut back overhanging branches or to remove a tree where the vegetation, branches or tree create or are likely to create danger or difficulty to using a public space
  • Order a person to remove or modify a flag or banner, a flag pole or sign, or similar object or structure that intrudes into a public space.
  • Order a person to take action necessary to protect a road or remove a hazard to road users
  • Order a person to refrain from using a caravan or vehicle as a place of habitation. 

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

Time Limits

Generally, an application for review of a decision must be lodged within:

  • 21 days after receiving notice of a council decision
  • 14 days after receiving service of a council order
  • In special circumstances, the Tribunal may permit you to make an application after this time.

Before applying to SACAT for a review, you must:

To review a decision of the Commissioner of Consumer Affairs, you must:

  1. Have a copy of the decision or order which you want to challenge – you should include this with your application.
  2. Indicate whether you are a seeking a stay pending the review on the application form.
  3. 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 words ‘local government act’ 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 in completing the application please call SACAT on 1800 723 767 (menu option 4 then option 5 - for reviews of Government Decisions).

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.
  • Welfare Rights Centre - www.wrcsa.org.au – The Welfare Rights Centre will provide free legal advice to people who are low income earners or are at risk of homelessness. In some instances the Welfare Rights Centre may represent a member of the public at the Tribunal.

Relevant legislation:

 Local Government Act 1999 (SA)