Guardianship and administration decisions made by SACAT under the Guardianship and Administration Act 1993 (GAA) are subject to a review within SACAT by more senior members and judges.
The decision you receive from SACAT will state if it can be reviewed by SACAT.
Applying for permission
In most cases, you will need to seek permission to apply for an internal review of a SACAT decision under the GAA.
You do not need permission in the case of:
- an order for special powers to detain a person
- where consent to prescribed medical treatment has been given (eg to sterilisation or termination of pregnancy).
Who can apply?
An application can be made for an internal review of SACAT decisions made under the GAA by:
- the applicant in proceedings
- the person who the proceedings are about
- the Public Advocate
- any person who presented evidence or material, or made submissions to SACAT in the proceedings
- any other person who satisfies SACAT of a proper interest in the matter.
Special time limits and treatments
The time limit to apply for an internal review of a SACAT decision to consent to terminate a pregnancy (prescribed medical treatment) is within two working days of the decision.
If SACAT provides consent to any prescribed medical treatment under the GAA, the treatment cannot be undertaken until the period for taking an Internal Review has expired or until the internal review has been conducted and a decision made.
Stay of decisions
For all other decisions made by SACAT under this Act, the decision will continue to operate - even if an Internal Review begins.
You can seek an order from SACAT or from the Supreme Court under s73 of the SACAT Act 2013 to stay the operation of the decision until the Internal Review is finally decided.
A stay of a decision means an order which stops the decision you want reviewed from operating until the review has been undertaken.