State Administrative Tribunal Act 2004

State Administrative Tribunal Amendment Rules 2026

 

 

State Administrative Tribunal Amendment Rules 2026

Contents

1.Citation1

2.Commencement1

3.Rules amended1

4.Rule 13A inserted1

13A.When material held by Tribunal may be accessed by third party1

5.Rule 24 amended3

 

State Administrative Tribunal Act 2004

State Administrative Tribunal Amendment Rules 2026

Made by the Rules Committee.

1.Citation

These rules are the State Administrative Tribunal Amendment Rules 2026.

2.Commencement

These rules come into operation as follows —

(a)rules 1 and 2 — on the day on which these rules are published on the WA legislation website;

(b)the rest of the rules — on the day after that day.

3.Rules amended

These rules amend the State Administrative Tribunal Rules 2004.

4.Rule 13A inserted

At the end of Part 2 Division 1 insert:

 

13A.When material held by Tribunal may be accessed by third party

(1)In this rule —

material held by the Tribunal, in relation to a proceeding, means —

(a)any evidence given before the Tribunal in the proceeding; and

(b)any document produced to the Tribunal in the proceeding; and

(c)any information that might enable a person who has appeared before the Tribunal in the proceeding to be identified.

(2)A person who is not a party to a proceeding may apply to the Tribunal to inspect or obtain a copy of material held by the Tribunal in relation to the proceeding.

Note for this subrule:

Under section 5 of the Act, these Rules have no effect to the extent that they are inconsistent with an enabling Act. See, for example, the Guardianship and Administration Act 1990 section 112(4) and (5).

(3)The application must —

(a)be in writing; and

(b)specify the material held by the Tribunal that the applicant is seeking to inspect or copy; and

(c)state the reason for the application.

(4)The Tribunal may require the applicant to provide additional information if the Tribunal considers it necessary to do so.

(5)The Tribunal may —

(a)grant the application, with or without conditions; or

(b)refuse the application.

(6)In considering the application, the Tribunal —

(a)may have regard to the views of the parties to the proceeding; and

(b)must have regard to the following —

(i)the applicant’s reason for making the application;

(ii)the nature of the material held by the Tribunal that is the subject of the application;

(iii)whether the material held by the Tribunal has been admitted into evidence;

(iv)whether granting the request would put an undue burden on the Tribunal;

(v)the interests of justice;

(vi)any other matter the Tribunal considers relevant.

(7)The Tribunal’s power to make an order under subrule (5) is exercisable by a legally qualified member.

Note for this rule:

Section 160 of the Act prohibits disclosure of protected matter except in specified circumstances.

 

5.Rule 24 amended

(1)At the end of rule 24(1) insert:

 

Note for this subrule:

See also section 35(1) of the Act.

 

(2)Delete rule 24(3) and (4) and insert:

 

(3)An application to set aside a summons, or to limit access to a document or other material produced in answer to a summons, may be made —

(a)if the summons requires a person to attend a hearing — prior to, or at, the hearing; or

(b)if the summons requires the production of a document or other material by a specified date — prior to that date.

(4)An application to discharge an order made under section 35(1) of the Act (in whole or in part), or to limit access to a document or other material produced in compliance with such an order, may be made —

(a)if the order requires the production of a document or other material at a hearing — prior to, or at, the hearing; or

(b)if the order requires the production of a document or other material by a specified date — prior to that date.

 

LISA BRIGGS
Principal Registrar
State Administrative Tribunal

Date: 29 September 2026

 

© State of Western Australia 2026.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2026.

By Authority: ANDREW JONES, Government Printer