How to Lodge a State Administrative Tribunal (SAT) Application

The State Administrative Tribunal (SAT) was established in Western Australia in 2005 and deals with a broad range of administrative, commercial and personal matters. These matters span human rights, vocational regulation, commercial and civil disputes, and development and resources issues.

The Tribunal is the primary place for the review of decisions made by Government agencies, public officials and local governments. It also makes a wide variety of original decisions.

Before completing an application, the following may assist in determining if you can or need to bring an application before the Tribunal.

Making an application to SAT should generally not be undertaken as the first step in a matter concerning an owner or the Strata Company for the scheme in which they are an owner.

Matters which may be brought to SAT

 SAT has the general power to make orders for settlement of disputes or to rectify a complaint under section 83 of the Act. Additionally, there are more than 50 other sections of the Act which can be the subject of applications to SAT.

This illustrates the need for careful preparation of the application to ensure that it addresses the restrictions and requirements relating to applications.

Who can make applications to SAT?

 Depending on the nature of the matter a strata company, an administrator, a proprietor, a person having an estate or interest in a lot or an occupier or other resident of a lot may make application to SAT.

SAT considers a broad range of commercial and personal disputes in this area, including:

• strata titles;
• retirement villages;
• commercial tenancy;
• building disputes;
• State tax matters.

SAT does not deal with matters for which it has no jurisdiction (no legislative authority); for example, residential tenancy disputes and dividing fences disputes. Applications in this area are usually listed for a first directions hearing. They will then be sent to a final hearing or referred to mediation or to a compulsory conference. However, some applications, such as those relating to strata title disputes, may be dealt with on the documents without a formal hearing

Because of the “legal” nature of proceedings before SAT your Strata Manager may not be able to assist other than in provision of records and other factual information which may have a bearing on the matter. You should ascertain what, if any, costs will be incurred and who will be liable to pay those costs.

How to make an application

 To apply to SAT you must identify the relevant enabling law. You can do this by using the SAT Application Wizard on the SAT website at www.sat.justice.wa.gov.au.

Application forms can be completed using the SAT Application Wizard. Applications can be emailed, posted faxed or delivered to SAT.

If you make an application to SAT, your application will not be accepted unless you pay the application fee. Refer to the SAT website for the current fee.

Response to an application

 A person or organisation that is named in an application and is intended to be bound by a SAT decision is usually called the respondent. A respondent will ordinarily be served with a copy of the application. The respondent has the right to put their views before SAT.

Response on receipt of an application

 The respondent will receive a notice from SAT advising them the application has been listed for a directions hearing. In some cases, they may receive notice it has been listed for a final hearing or that it is to be dealt with in some other way.

The respondent must attend the directions or other hearing of which they have been given notice. SAT will advise how the matter should proceed at the directions hearing.

Attendance at SAT

 Practice Note 5 also outlines SAT’s practice and procedure in most proceedings under the Strata Titles Act 1985.

The respondent is expected to attend any directions or other hearing and has a right to be heard. If the respondent, their lawyer or representative, does not attend the first directions hearing, a decision may be made in their absence.

Mediation at SAT

 Each case is examined to see whether it is suitable for mediation. The timing of mediation will vary from case to case, but there are clear advantages in commencing mediation as soon as possible. Mediation, and whether it is appropriate, will generally be discussed at the first directions hearing.

Refer to SAT Info Sheet 10 available on the SAT website for further information Mediation.

As can be seen from the foregoing there needs to be proper attention to the detail of the application, response and the required information being provided.

It is recommended that proprietors seek professional help in the preparation and submission of any such application.

State Administrative Tribunal

Level 6, State Administrative Tribunal Building, 565 Hay Street, PERTH WA 6000

or

GPO Box U1991, Perth 6845
Phone: (08) 9219 3111 or 1300 306 017 (cost of a local call)
Fax: (08) 9325 5099

To apply to have a matter heard by the Tribunal see: https://www.sat.justice.wa.gov.au/H/how_do_i_apply.aspx

Email (for sending information or submissions regarding matters currently before the Tribunal): sat@justice.wa.gov.au