State Administrative Tribunal Amendment Rules 2007 (WA)

I (2 GOVERNMENT GAZETTE, WA 13 April 2007

STATE ADMINISTRATIVE TRIBUNAL

S1)3() 1 *

State Administrative Tribunal Act 2004

State Administrative Tribunal Amendment

Rules 2007

Made by the Rules Committee under the State Administrative Tribunal
Act 2004 section 170.

1.            Citation

These rules are the State Administrative Tribunal Amendment
Rules 2007.

2.            The rules amended

The amendments in these rules are to the State Administrative
Tribunal Rules 2004*.

[* Published in Gazette 30 December 2004, P. 6849-89.

For amendments to 15 March 2007 see Western Australian
Legislation Information Tables for 2005, Table 4, and
Gazette 13 April 2006.]

3.            Rule 3 amended

Rule 3 is amended as follows:

"notice of representation" means a notice of representation filed under rule 34(6) or (8);

(a) in paragraph (a) of the definition of "address for service in the proceedings" by deleting "or response" and inserting instead -

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or a notice of representation

(b)	in paragraph (b) of the definition of "address for service in the proceedings" by deleting "it has not given an address in a response but";
(c)	by deleting the definition of "response";
(d)	by inserting in the appropriate alphabetical position -

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4.            Rule 13 amended

Rule 13(1) and (2) are repealed and the following subrules are inserted instead -

(1) If a party considers that any document comprises or
contains protected matter and would, in accordance
with an order of the Tribunal, be required to be
included in that party's bundle of documents to be filed
with the Tribunal and given to another party, the party
must file with the Tribunal and give to the other party,
within the period specified in the order for the filing of
and giving the party's bundle of documents, a list of
documents which -

(a)	indicates which document or documents comprise or contain protected matter; and
(b)

sufficiently identifies any document that disclosing the protected matter; and

(c) indicates that any protected matter has been included within Part B of the party's bundle of documents.

(2) If subrule (1) applies, a party's bundle of documents

must be divided into 2 parts, Part A and Part B.

(2a) If a document contains protected matter and

non-protected matter, the protected matter must be excised from the document before it is included in Part A.

(2b) Subject to subrule (2a), Part A must -

(a) include all documents in the party's bundle excluding protected matter; and

(b)	be filed with the Tribunal and given to the other
party within the period specified in the order
for the filing of and giving the party's bundle of documents.

(2c) Part B must -

(a)	include all documents in the party's bundle which the party considers comprise or contain protected matter; and
(b)	be clearly marked as containing protected matter and must be placed into a sealed envelope clearly marked as containing protected matter; and
(c)	be filed with the Tribunal within the period specified in the order for the filing of the party's bundle of documents but must not be given to any other party.

1684 GOVERNMENT GAZETTE, WA 13 April 2007

5.            Rule 34 amended

After rule 34(5) the following subrules are inserted -

M

(6) If a party to a proceeding is represented by a legal

practitioner or an agent and the name and address of
the legal practitioner or agent is not provided in the
application, the legal practitioner or agent must within
7 days of receiving instructions to represent the

party -

(a)	file with the executive officer a notice of representation in an approved form duly completed; and
(b)	give a copy of the notice to each other party to the proceeding or, if a party is represented by a legal practitioner or agent, that legal

practitioner or agent.

(7) If—

(a)	a party to a proceeding is represented by a legal practitioner or an agent; and
(b)	the name and address of the legal practitioner or agent is not provided in the application; and
(c)	the legal practitioner or agent has not complied with subrule (6),

the legal practitioner or agent may not appear in or file any document with the Tribunal or executive officer in relation to the proceeding.

(8) If a legal practitioner or agent ceases to represent a party in proceedings, the legal practitioner or agent must within 7 days of ceasing to represent the party -

(a) file with the executive officer a notice of

representation in an approved form duly

completed stating -

(i)     the legal practitioner or agent has ceased to represent the party; and

(ii)     the party's address for service in the proceedings;

and

(b) give a copy of the notice to each other party in the proceeding or, if a party is represented by a legal practitioner or agent, that legal

practitioner or agent.

6.            Rule 57 amended

Rule 57(1) and (2) are amended by deleting "(WA)".

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7.            Rule 58 amended

(I) Rule 58(5) is repealed.

(2) Rule 58(6) is amended by deleting "Commissioner or Police"

and inserting instead —

" Commissioner of Police ".

Dated: 22 March 2007.

Hon Justice ML BARKER,

President's signature.

Judge JA CHANEY SC,	TJ CAREY,
Deputy President.	Member.
Judge JE ECKERT,	J MANS VELD,
Deputy President.	Member.
MJ ALLEN,	MJ HARDY.
Senior Member.
DR PARRY,	M SCOTT.
Senior Member.