State Administrative Tribunal Amendment Rules 2022 (WA)

30 December 2022 GOVERNMENT GAZETTE, WA 6039

JUSTICE

JU301

State Administrative Tribunal Act 2004

State Administrative Tribunal Amendment

Rules 2022

SL 2022/219

Made under section 170 of the Act by the Rules Committee.

1.            Citation

These rules are the State Administrative Tribunal Amendment

Rules 2022.

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 (gazettal day);
(b)	rules 5, 6 and 7 — on 1 July 2023;
(c)	the rest of the rules — on the day after gazettal day.

3. Rules amended

These rules amend the State Administrative Tribunal

Rules 2004.

4.             Rule 3 amended

(1)	In rule 3 delete the definition of EDS.
(2)	In rule 3 insert in alphabetical order:

ECMS means the electronic case management system

for the management of proceedings in Western
Australian courts and tribunals;

6040 GOVERNMENT GAZETTE, WA 30 December 2022

5.            Rule 4 amended

Delete rule 4(1)(d).

6.            Rule 5 amended

(1) In rule 5(1)—

(a)	delete "or email" (ist occurrence);
(b)	in paragraph (a) delete "or email address (as the case requires)".

(2)	In rule 5(2) delete "transmission, email" and insert:
transmission

7.            Rule 6 amended

In rule 6(b) delete "by email or".

8.            Rule 7 amended

Delete rule 7(1) and (2) and insert:

(1) For the purposes of section 42(3) of the Act, an
application is taken to have been accepted by the
executive officer when

(a)	the application is filed in accordance with rule 4 or, in the case of an oral application, recorded in the ECMS in accordance with rule 8(2); and
(b)	the executive officer is satisfied that the prescribed fee has been paid.

Note: The heading to amended rule 7 is to read:

Acceptance of applications

9.            Rule 8 amended

Delete rule 8(2), (3) and (4) and insert:

(2) If an oral application is made, the executive officer
must

(a)	complete an approved application form in relation to the application; and
(b)	record it in the ECMS as if it had been filed under rule 4(l)(e).

30 December 2022 GOVERNMENT GAZETTE, WA 6041

10.          Rule 19 amended

Delete rule 19(b) and insert:

(b) being recorded in the ECMS and being
confirmed by an entry into the ECMS made by
a member of the Tribunal or by the executive
officer.

11.          Rule 24 amended

Delete rule 24(1) and insert:

(1) A request for the issue of a summons under
section 66(1) of the Act must be made

(a)	in an approved form; and
(b)	at least 14 days before the date on which the summons is to be returnable, unless the Tribunal grants leave to make a request nearer to that date.

12.          Rule 24A inserted

After rule 24 insert:

24A. Issue of summons

A summons is taken to be signed on behalf of the
Tribunal by the executive officer, and is authenticated
for the purposes of the Courts and Tribunals
(Electronic Processes Facilitation) Act 2013

section 10, if—

(a)	the summons is recorded in the ECMS; and
(b)	the executive officer enters a confirmation of the summons into the ECMS.

13.          Rule 39 amended

Delete rule 39(1) and (2) and insert:

(1) A person is qualified for appointment as a litigation
guardian to conduct proceedings or proposed
proceedings for a party or potential party if the
person

(a)	is an adult; and
(b)	has no interest in the proceedings or proposed proceedings that is adverse to the interest of the party or potential party; and

1. GOVERNMENT GAZETTE, WA 30 December 2022

(c)	can fairly and competently conduct the proceedings or proposed proceedings for the party or potential party; and
(d)	has consented to act as the litigation guardian.

(2) On application by any person or of its own motion the

Tribunal may —

(a)	under section 40(2) of the Act, appoint a qualified person as a litigation guardian for a party or potential party; or
(b)	remove a litigation guardian previously appointed; or
(c)	if satisfied that in the circumstances of the case it is proper to do so, permit a party or potential party to participate in the proceedings without a litigation guardian.

14.           Rule 47 amended

In rule 47(3) delete "and, subject to rule 7(2)," and insert:

and

15.            Various references to "EDS" amended

In the provisions listed in the Table delete "EDS" (each occurrence) and insert:

ECMS

Table

r. 4(1)(e) r. 5(2)
r. 6(b)	r. 6A(a) and (b)

Note: The heading to amended rule 5 is to read:

Filing applications by electronic means

KATHLEEN HALDEN, Executive Officer

State Administrative Tribunal.
Date: 20 December 2022.