State Administrative Tribunal Amendment Regulations 2005 (WA)

9 August 2005 GOVERNMENT GAZETTE, WA 3635

JUSTICE

JU301*

State Administrative Tribunal Act 2004

State Administrative Tribunal Amendment

Regulations 2005

Made by the Governor in Executive Council under the Act section 167.

1.            Citation

These regulations are the State Administrative Tribunal
Amendment Regulations 2005.

2.            The regulations amended

The amendment in these regulations is to the State
Administrative Tribunal Regulations 2004*.

[* Published in Gazette 30 December 2004, p. 6747-848.]

3.             Regulation 33A inserted

After regulation 33 the following regulation is inserted —

Act 2003 section 168(1) before the transfer day;

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33A.	Legal Practice Act 2003
(1)	In this regulation — "devolved matter" has the meaning given to that term

in the Act section 167(1);

"disciplinary matter" means a devolved matter that
immediately before the transfer day was partly or
fully heard before, but not determined by, the
Legal Practitioners Disciplinary Tribunal and on
the transfer day was transferred to, and continued
before, the Tribunal under the Act

section 167(4)(b);

"Legal Practitioners Disciplinary Tribunal" means
the Tribunal established under the Legal Practice

3636 GOVERNMENT GAZETTE, WA 9 August 2005

"transfer day" has the meaning given to that term in

the Act section 167(4).

(2)	Despite the Legal Practice Act 2003 section 250A, the Act section 167(15) applies to a disciplinary matter.
(3)	If a disciplinary matter is dealt with by the State Administrative Tribunal —

(a)	the practice and procedure, and any hearing or other fees, applicable to the matter immediately before the transfer day continue to apply to the matter; and
(b)	the State Administrative Tribunal has the powers to deal with the matter that the Legal Practitioners Disciplinary Tribunal had immediately before the transfer day.

By Command of the Governor.

M. C. WAUCHOPE, Clerk of the Executive Council.