There are a number of different people involved in a SACAT hearing. Some parties are only involved in certain matters.

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.

In a disciplinary case, you may have more than one Tribunal Member deciding your matter, including an assessor member of SACAT. This assessor may be a current or former member of the occupation, or have experience and expertise that will help the Tribunal Member understand technical evidence and make a decision that reflects industry standards.

A consumer assessor who is representative of members of the public who have experience with the profession may also be involved in your matter.

Learn more about our Tribunal Members

Applicant

The applicant is the person who makes the application to SACAT. In disciplinary applications they may be referred to as the complainant.

They are the person who wants SACAT to make a determination that another person has engaged in professional misconduct and impose sanctions.

They may be a regulatory body like Consumer and Business Services or the Australian Health Practitioner Regulation Agency.

If the matter concerns a licensing decision, the applicant will be the person who was affected by the licensing decision - for example, they were denied a licence or had conditions imposed on their registration.

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 person has engaged in professional misconduct and that the sanctions they seek are appropriate.

Respondent

The respondent is the person responding to the application made to SACAT.

The respondent is the professional or member of an occupation whose conduct is being complained about by the applicant.

In the case of a licensing decision, the respondent will be the body who made the licensing decision.

The respondent will speak after the applicant provides their views and equally try to persuade SACAT that they did not commit professional misconduct and/or the sanctions sought should not be imposed.

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 disciplinary application, an interested party may be the regulatory body that oversees the profession or occupation (if the application to SACAT was made by a consumer).

Legal representation

If the complainant in your disciplinary matter is a regulatory body or National Board, they will be legally represented before SACAT - this means they will have their own lawyers.

Disciplinary proceedings can be very complex and the potential consequences can be significant. It can be helpful to seek legal advice if you are the subject of a disciplinary hearing.

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