There are a number of different people involved in a SACAT hearing.

Tribunal Member

The Tribunal Member is the person who will hear and decide your case.  They will hear the evidence you provide and make a decision according to the law.

Learn more about our Tribunal Members

Applicant

The applicant is the person who makes the application to SACAT. In administrative review applications, they are the person who wants SACAT to review the government department decision that affects them.

The applicant usually speaks first at a hearing to provide their evidence and say what they think is the right decision. They have to persuade SACAT that the decision made by the government department was not the correct or preferable decision and should be changed.

Correct and preferable have very specific meanings under the law.

A correct decision is one that is made in accordance with the law.

A preferable decision is one that, if there are a number of decisions which could be correct according to the law, is the best that could have been made based on the facts.

It does not mean the decision you believe to be the best.

Respondent

In administrative review matters, the respondent is the government department or local council responding to the application made to SACAT.

For example, the respondent may be the Registrar of Firearms in a review of a firearms decision.

The respondent will respond after the applicant provides their views and will usually try to argue that the decision was the correct or preferable decision and should be upheld.

Interested party

An interested party is an individual or organisation who has a legal interest in the matter. An individual or organisation must be joined to a SACAT matter to be an interested party and be involved in the matter.

They may or may not participate in the hearing.

An interested party in freedom of information matters may be a person or organisation whose affairs are affected by the potential release of the document sought. In the review of a decision made by the Department for Child Protection, the current carer of a child may also be an interested party.

Legal representation

Government departments appearing at SACAT will usually be represented by a lawyer.

There are a number of legal organisations and support services that may be able to help you with your matter.

However, SACAT is much less formal than a court and its procedures are less complicated - most people who come before SACAT do not have legal representation and SACAT's Tribunal members are highly experienced in conducting matters efficiently and fairly, whether or not lawyers are involved.

If you want a lawyer to represent you, there are additional things you need to consider.