How SAT handles review applications of heritage decisions

Reviews under the Aboriginal Heritage Act

The following protocol was agreed by an exchange of correspondence in August 2010 between the President Justice John Chaney and Hon Dr Kim Hames MLA, Deputy Premier and Minister for Indigenous Affairs, in applications for review under s 18(5) of the Aboriginal Heritage Act 1972 (WA):

At the first directions hearing, the presiding member will discuss with the respondent what orders are required to be made to obtain information from the respondent that would identify the Aboriginal groups consulted in the decision-making process under review.

The practice of SAT is then to consider whether it should require either party to give notice of the proceeding and the decision sought by the applicant to any Aboriginal groups consulted in the decision making process by the original decision maker. SAT will have regard to the terms of s 38 of the State Administrative Tribunal Act 2004 (WA) in relation to its power of joinder in this regard.