South Australian Attorney-General's Department

Tribunals

| Equal Opportunity Tribunal | Guardianship Board | Residential Tenancies Tribunal | Consumer Rights | Courts and Appeals | Freedom of Information |

Tribunals and Commissions consist of a panel that hears and makes decisions about complaints referred to them. Under the Attorney-General's Department there are a number of Tribunals and Commissions that deal with these issues.

Equal Opportunity Tribunal

This tribunal hears complaints about discrimination and harassment that are unlawful under the South Australian Equal Opportunity Act 1984.

For more information on equal opportunity, discrimination or harassment visit www.eoc.sa.gov.au.

Guardianship Board

Under the Guardianship and Administration Act 1993, there are certain appeal rights against decisions or orders made by the Guardianship Board. Appeals are made to the Administrative and Disciplinary Division of the District Court.

Under the Mental Health Act 1993, a person who has been involuntarily detained for the purpose of compulsory treatment can appeal to the Guardianship Board. A person can also appeal any decision of the Guardianship Board made under the Mental Health Act to the Administrative and Disciplinary Division of the District Court.

For more information about appeal processes under the Guardianship and the Mental Health Acts visit www.guardianshipboard.sa.gov.au.

Residential Tenancies Tribunal

The Residential Tenancies Tribunal can resolve disputes between tenants and landlords. Orders in the Magistrates (Minor Civil Claims) Court and the Residential Tenancies Tribunal can be enforced in the same way as any other orders by a Judge or Magistrate.

Before you make a claim, consider using a mediator or third person to negotiate a mutually acceptable solution to the dispute.

For more information visit the "Tenancies" section of the Office of Consumer and Business Affairs (OCBA) website www.ocba.sa.gov.au.

Consumer Rights - Dispute resolution process

No matter where, what or how consumers buy, hire or lease goods or services in South Australia, they are entitled to a fair deal and reasonable satisfaction under the Fair Trading Act 1987. If you are unable to resolve a dispute yourself, the Office of Consumer and Business Affairs (OCBA) may be able to assist you through their dispute resolution process. This involves you, the trader and a member of our staff (case officer) acting as an objective third party. OCBA provides advice on fair trading matters to both you and the trader in attempting to reach a solution acceptable to both parties.

While most disputes handled by the OCBA office are resolved satisfactorily, some are not. Traders and consumers must be willing to participate in negotiations to reach a solution. OCBA cannot force traders to agree to a settlement. Only the Courts can impose legally binding decisions.

For further details visit the "Consumer Advice" section of the Office of Consumer and Business Affairs (OCBA) website www.ocba.sa.gov.au.

Courts and Appeals

Judges of the District Court preside over a number of statutory tribunals, including hearing appeals under such Acts as the Guardianship and Administration Act, Mental Health Act and the Equal Opportunity Act, where they sit with assessors who have expertise in the relevant area.

The Civil and Appeals Registry administers the following tribunals and courts:
Equal Opportunity Tribunal
Police Disciplinary Tribunal

Appeals

Judges of the District Court hear appeals, applications and complaints under the following Acts:

• Freedom of Information Act.
• Guardianship and Administration Act.
• Residential Tenancies Act.
• Consumer Credit (SA) Act.
• Second Hand Dealers and Pawnbrokers Act.
• Second Hand Vehicle Dealers Act.

Freedom of Information Forms from State Records

The Freedom of Information Act 1991 gives members of the public a right to obtain access to information held by the government and to ensure that records held by the government concerning the personal affairs of members of the public are not incomplete, incorrect, out-of-date, or misleading. The Act gives the public a legally enforceable right of access to documents in the possession of South Australian State and Local Government.

For more information visit the "Freedom of Information" section of the State Records of South Australia website www.archives.sa.gov.au/foi/forms.html.

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