the South Australian Civil and Administrative Tribunal
SACAT is a state tribunal that helps South Australians resolve issues within specific areas of law, either through agreement at a conference, conciliation or mediation, or through a decision of the Tribunal at hearing. SACAT also conducts reviews of Government decisions.
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New jurisdiction under the Land Agents Act 1994 – property managers
On Friday 1 February 2019, SACAT will be conferred further jurisdiction under the Land Agents Act 1994. The new jurisdiction primarily involves registration decisions and disciplinary action in relation to property managers employed by registered land agents.
SACAT will now be able to review additional decisions of the Commissioner for Consumer Affairs, being:
· refusals to register a person as a property manager;
· cancellation, suspension or imposition of conditions on registration of a property manager; and
· immediate suspension or imposition of conditions on registration in urgent circumstances where the agent, sales representative, auctioneer or property manager has engaged, or is engaging, in conduct that constitutes grounds for disciplinary action.
SACAT will also be able to receive and determine disciplinary actions against property managers.
An amendment to the South Australian Civil and Administrative Tribunal Rules 2014 came into operation on 8 November 2018. The amendment makes a number of changes that better reflect the processes that have developed at the Tribunal since it opened its doors on 30 March 2015 and how the Tribunal would like people to interact with it. It also addresses the need for a rule specific to disciplinary proceedings since disciplinary jurisdiction was conferred on SACAT on 4 October 2018.
A more comprehensive review of SACAT’s Rules and Practice Directions will be conducted in the coming months. It will revisit all of the rules and practice directions to ensure that they meet the needs of the Tribunal and its users. This process will involve consultation with stakeholders and is unlikely to be complete until mid-2019.
A copy of the updated consolidated Rules is available on the SACAT website here.