There are a number of different people involved in a SACAT hearing. In change of name and sex /gender identity applications, SACAT will also want to hear from the child.
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
The child
In these matters, Tribunal Members will want to interview the child to get their views.
In most sex or gender identity cases, the medical practitioner or psychologist is not involved in the hearing. Instead, SACAT will hear from the applicant (usually the parent, any other family members who want to attend and the child), and rely on any written medical evidence.
Interviews
The Tribunal Member will discuss with you if your child is capable of expressing their views about the application.
The situation for each child is unique and children will have different levels of understanding, so this is considered on a case-by-case basis.
The Tribunal Member will speak to the child and generally speak to them by themselves - however, the child may have a support person present. This may be a family friend or grandparent. They can accompany the child and support them in a non-speaking role.
Neither parent can be present during the child's interview. It is important the child feels comfortable asking and answering questions and is not influenced in any way.
If there are special requirements for your child to attend SACAT (eg special communication needs) contact the Registry before your hearing.
Tribunal Members who hear these types of matters are very experienced in interviewing children in a way that puts them at ease and is not intimidating. A SACAT staff member will usually sit in on these interviews too.
Applicant
The applicant is the person who makes the application to SACAT. In name change and sex or gender identity applications they will usually be the parent of the child.
They are the person who wants the child's name or sex or gender identity to be changed.
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 child's name or sex or gender identity should be changed.
Respondent
In name change and sex or gender identity applications, there may not be a respondent. If the child's other parent doesn't agree with the application, then they may be considered the respondent.
In this case, the respondent will speak after the applicant provides their views and try to persuade SACAT that the orders they want should be made, for example that the child's name or sex or gender identity not be changed.
Interested person
An interested person is an individual who has an interest in the matter but not in a legal capacity.
They may or may not participate in the hearing.
In a name and sex or gender change application, an interested person may be a family member of the child who is involved in their life and wants to provide evidence about the application.
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.
In a name and sex or gender change application, an interested party may be the Registrar of Births, Deaths and Marriages.
Legal representation
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 to consider.
