Pursuant to s 48 of the Advance Care Directives Act 2013 (SA), SACAT may:

It is an offence not to comply with a direction of SACAT made under s 48 [s 50].

SACAT may also review a matter dealt with by the Office of the Public Advocate under s 45 [s 48(1)(a)].

If SACAT is of the opinion that it is more appropriate that a particular application be dealt with by the Office of the Public Advocate, SACAT may refer the matter to the Office of the Public Advocate [s 49(1)].

Notice of proceedings

SACAT must give reasonable notice of the time and place of proceedings to the applicant, the person to whom the proceedings relate, the Office of the Public Advocate, and anyone else the Tribunal considers to have a proper interest in the matter [s 54(1)].

If urgent action is required in proceedings, SACAT may make an order or decision without giving notice, but the order or decision may only have effect for up to 21 days [s 54(2)].

Representation before SACAT

The person who is the subject of proceedings before SACAT may represent themselves, or may be represented by counsel [South Australian Civil and Administrative Tribunal Act 2013 (SA) s 56], the Public Advocate, or, unless it is an internal review, a recognised advocate [Advance Care Directives Act 2013 (SA) s 54B].

Reasons for decisions

Written reasons for SACAT decisions must be given to a person who has a right to seek an internal review, if the person requests the reasons. The request for reasons must be made before the time limit for seeking the review, or, if the application for review has already been made, before the review is decided [s 54A].

Written reasons must also be given on request by a person who satisfies SACAT that they have a proper interest in the matter [s 54A].

Appealing a SACAT decision

An internal review of a SACAT decision may be sought by the original applicant, a person to whom the proceedings relate, the Office of the Public Advocate, any person who presented evidence or material before, or made submissions to, the Tribunal in the relevant proceedings, or any other person who satisfies the Tribunal that they have a proper interest in the matter [s 53].

With the leave (permission) of the Supreme Court, a further appeal may be made to the Supreme Court [s 53(e)].

Former Guardianship Board matters

Any matters commenced before the Guardianship Board before 30 March 2015 were transferred to SACAT.

If prior to 30 March 2015 a right to make an application or referral or to seek a review to the Guardianship Board existed, then from 30 March 2015, the matter will be heard before SACAT.

If prior to 30 March 2015 a right of appeal from the Guardianship Board to the District Court existed, then the appeal may be made to the District Court.