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Circulars

Public Health Update: Supported Residential Facilities Act 1992, Food Act 2001 and Safe Drinking Water Act 2011 appeals transferred to SACAT from the District Court - Circular 37.12

To Chief Executive Officer
Environmental Health Staff
Governance Officers
Date 12 September 2019
Contact Belinda Caruana
Email: Belinda.Caruana@lga.sa.gov.au
Response Required No
Summary Appeals from the Supported Residential Facilities Act 1992, the Food Act 2001 and the Safe Drinking Water Act 2011 are now heard by the South Australian Civil and Administrative Tribunal (SACAT) rather than the District Court.

This circular is a reminder to councils that the jurisdiction of the District Court in relation to several matters under each of the following Acts was transferred to SACAT as of:

  • 4 October 2018 for the Supported Residential Facilities Act1992 (SRF Act) and
  • 17 December 2017 for the Food Act 2001 and SafeDrinking WaterAct 2011

Information on appeal rights should be given to anyone adversely affected by a council’s decision, and councils should ensure that standard letters are updated to give accurate appeal information as a result of these changes.

There are no substantive legal changes to the provisions of the Acts, other than to remove the jurisdiction of the District Court and change the jurisdiction to SACAT.

LGA templates located on the Environmental Health Knowledge base have been updated to reflect this change.

The specific changes relating to each Act are:

Supported Residential Facilities Act 1992

SACAT can review decisions made by the licensing authority:

  • To grant a licence to the proprietor of a SRF
  • To refuse to grant a licence to the proprietor of a SRF
  • To impose conditions on a licence to operate a SRF
  • To renew or not renew a licence to operate a SRF
  • Determining a dispute between a resident of a SRF and the proprietor of the Facility
  • Determining an objection by a resident to a decision of the proprietor to terminate their contract
  • Determining an application by a resident that the proprietor has failed to comply with the terms of their contract
  • To issue a default notice for failure:
    • to comply with the Act
    • to administer the facility in accordance with the principles in the Act
    • to comply with a condition of the licence
    • to correct irregularities or difficulties which have occurred in the management of the facility or the care of any resident.

SACAT will also have original jurisdiction to resolve disputes that arise between parties in relation to any act of an Administrator appointed to administer a facility where the registered proprietor has had their licence cancelled.

Food Act 2001

Types of Decisions that can be reviewed by SACAT include:

  • A refusal to grant a certificate of clearance of a prohibition order
  • A decision to grant or refuse an approval of a laboratory
  • Imposition of limitations or conditions on the approval of a laboratory
  • Variation of limitations or conditions on the approval of a laboratory
  • Suspension or cancellation of the approval of a laboratory
  • Appeals as to payment of compensation
  • A decision to grant or refuse approval as a food analyst
  • Imposition of limitations or conditions on approval as a food analyst
  • Variation of limitations or conditions on approval as a food analyst
  • Suspension or cancellation of an approval as a food analyst

 Safe Drinking Water Act 2011

Types of Decisions that can be reviewed by SACAT include:

  • Decisions to impose a condition on a registration of a person as a drinking water provider
  • Decision to vary a condition of registration
  • Decisions to refuse to vary a condition of registration
  • Decision to suspend a person’s registration as a drinking water provider
  • Decisions to make alteration to a risk management plan
  • Decisions to issue enforcement notices
  • Decisions to issue a notice requiring information

Unless there are special circumstances warranting an extended timeframe, applications for review may be made within 28 days after the applicant receives notice of the relevant decision.

Transitional arrangements were inserted to protect rights to action that existed prior to the transfer of jurisdiction.

For further information please contact Belinda Caruana Senior Policy Officer – Public Health  on 8224 2051 or belinda.caruana@lga.sa.gov.au

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