The South Australian Civil and Administrative Tribunal

Disputes arising in relation to residential tenancy agreements are generally heard by the South Australian Civil and Administrative Tribunal.

SACAT does not have to follow the rules of evidence and can take evidence in whatever manner it thinks fit [South Australian Civil and Administrative Tribunal Act 2013 (SA) s 39]. Parties present their own cases.

SACAT generally will not allow a person to be represented by a lawyer unless all parties agree [Residential Tenancies Act 1995 (SA) s 113(2)]. If the property is managed by a land agent, the agent will usually appear for the landlord. Where a land agent appears, the tenant can be represented by a lawyer if they so wish [s 113(2)].

Generally parties must bear their own costs but SACAT can make an order for costs if they think it is appropriate [South Australian Civil and Administrative Tribunal Act 2013 (SA) s 57].

SACAT can arrange a free interpreter if one is needed. The SACAT registry should be informed as soon as possible before the hearing so that the necessary arrangements can be made.

Applications for orders can be lodged either personally, by post or online on the SACAT website. Wherever possible, applications are heard within 2 weeks and no later than 6 weeks after lodgement. SACAT has the power to make binding orders on any aspect of residential tenancy agreements.

The Tenancies Branch of Consumer and Business Services has a telephone advisory service that operates during work hours (call 131 882).

How applications are heard

SACAT can hear any application for an order relating to a residential tenancy agreement, except where one party is resident interstate [see Attorney-General (SA) v Raschke & Anor [2018] SASC 165 ; Burns v Corbett [2018] HCA 15]. In the case of monetary claims, the amount claimed must not be more than $40,000, unless both parties consent in writing to SACAT's jurisdiction [s 24]. Once such agreement is given, neither party can change their mind. If there is no such agreement, the application must be made in the appropriate court. The amount of the claim will determine which court has jurisdiction.

A party to a tenancy agreement who wishes to apply for an order must first fill out an application and pay the application fee of $85 (as at 1 July 2023).

SACAT has the power to require parties to attend a compulsory conference before the matter is listed for a hearing [s 50] and also has the power to refer a matter for mediation [s 51].

If no settlement is reached the matter is set down for a hearing. The parties should attend the hearing. If they do not it will proceed in their absence and they may lose the opportunity to argue their case. However, it is possible in exceptional circumstances for matters to be re-heard.

Orders the SACAT may make

Under sections 110 and 111 of the Residential Tenancies Act 1995 (SA) an applicant can ask SACAT for one or more of the following orders:

In addition, SACAT can also:

SACAT also has the power to make a restraining order where there is a risk that a tenant or a guest of the tenant may cause serious damage to the property or a person. The penalty for breaching a restraining order is imprisonment for up to one year [s 112]. This provision has been extended to include situations of domestic abuse. If SACAT is satisfied that a co-tenant may cause serious property damage or personal injury or commit an act of domestic abuse they may make an order prohibiting the co-tenant from engaging in such conduct [s 112(1a)].

Disputes where one party is resident interstate

Following the High Court decision in Burns v Corbett [2018] HCA 15and subsequent South Australian Supreme Court decision of Attorney-General (SA) v Raschke & Anor [2018] SASC 165any tenancy dispute where one party is resident interstate (such as where a landlord owns an investment property in another state) cannot be heard by a tribunal and must instead be heard by a court. Section 38B of the South Australian Civil and Administrative Tribunal Act 2013 (SA) provides for the vesting of jurisdiction (referred to as the federal diversity jurisdiction) in the Magistrates Court of South Australia to hear and determine disputes where one party is resident interstate. From 12 July 2018, matters in the federal diversity jurisdiction have been determined by the Magistrates Court, sitting at the SACAT premises, and hearings are conducted in the same general manner as they previously were conducted by SACAT.

See Uniform Civil Rules 2020 rule 334.4(5).

A Magistrates Court registry has been established at the SACAT premises to handle forms, documents and queries relating to the federal diversity jurisdiction.

Any applicant in dispute with a party who is resident interstate must still make their application to SACAT in the usual manner. SACAT will then make a determination as to whether it can deal with the application, or whether it should be transferred to the Magistrates Court. In matters where it is unclear whether one party is resident interstate, there may be a hearing to determine this preliminary issue. In situations where it is clear one party is resident interstate, a statutory declaration can be submitted with the initial application. SACAT is able to then transfer the proceedings to the Magistrates Court automatically without the need to conduct an initial hearing.

Once a matter has been transferred to the Magistrates Court, the parties will be receive a Notice of Hearing outlining the date, time and location of the hearing of the matter.

The fee payable for these applications is identical to the relevant fee payable to SACAT [see South Australian Civil and Administrative Tribunal Act 2013 (SA) s 38B(5)].

SACAT can transfer proceedings to the Magistrates Court in circumstances where there is some doubt as to whether it has jurisdiction to determine the dispute [see South Australian Civil and Administrative Tribunal Act 2013 (SA) s 38B(2)].

The Magistrates Court in hearing these disputes can exercise the jurisdiction, powers and functions that the Tribunal would exercise and had previously exercised in determining such disputes [see s 38C(3)].

Where the Magistrates Court makes an order, a party to the dispute can apply for a review of the decision in the same way they would apply for a review of any judgment of a Magistrate in a minor civil claim - by application to the District Court. For more information, please refer to Review of a Minor Civil Action Judgment.

SACAT has prepared a factsheet to assist parties affected by these jurisdictional changes - see Disputes Where One Party is Interstate (PDF, 161 KB).