State Administrative Tribunal Amendment Rules 2010 (WA)

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3240 GOVERNMENT GAZETTE, WA 9 July 2010

JU301*

State Administrative Tribunal Act 2004

State Administrative Tribunal Amendment

Rules 2010

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 2010.

2.             Commencement

These rules come into operation as follows —

(a)

rules 1 and 2 — on the day on which these rules are published in the Gazette;

(b) the rest of the rules — on the day after that day.
9 July 2010 GOVERNMENT GAZETTE, WA 3241

3.             Rules amended

These rules amend the State Administrative Tribunal
Rules 2004.

4.             Rule 3 amended

In rule 3 delete the definition of legal practitioner.

5.             Rule 4 amended

In rule 4(1):

(a) in paragraph (b) delete “post.” and insert:

post; or

(b) after paragraph (b) insert:
(c)

if the application is of a type approved under rule 7A.

6.             Rule 7A inserted

After rule 6 insert:

7A. Filing some applications using the Tribunal’s
website
(1) The executive officer may approve a particular type of
application that can be made electronically by means of
the Tribunal’s website (an approved application).
(2) An approved application may be filed electronically
only by the following —

(a) the applicant;

(b) the referring person;

(c)

a person authorised under section 39 of the Act to represent the applicant or referring person.

(3) A person who files an approved application
electronically must —
(a) keep a paper copy of the application; and

(b)

produce the paper copy of the application as ordered by the Tribunal.

(4) For the purposes of section 42(3) of the Act, an
application filed electronically is accepted by the
executive officer when he or she affixes the Tribunal’s
seal to a print out of the application.
3242 GOVERNMENT GAZETTE, WA 9 July 2010
(5) If the Tribunal orders that a paper copy of an
application filed electronically be produced, the first
page of the application must be endorsed by the
applicant or referring person with —
(a) a statement that the paper copy is a true copy of the application filed electronically; and
(b) the date that the application was filed electronically.

7.             Rule 59 amended

(1) In rule 59(1) in the definition of legally qualified person delete
paragraph (b) and “or” after it and insert:

(b)

an articled clerk as defined in the Legal Profession (Admission) Rules 2009 rule 14; or

(2) In rule 59(2) delete “the Act” and insert:
the RV Act
(3) In rule 59(3) delete “the Act” (second occurrence) and insert:
the RV Act

Dated: 1 July 2010.

Hon. Justice J A Chaney,
President.

Judge J E Eckert, Deputy President.

M J Allen, D R Parry,
Senior Member. Senior Member.
T J Carey, J Mansveld,
Member. Member.
M J Hardy. P Bagdonavicius.
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