Local Government Decisions

This page deals with decisions made by local government under the Building Act 2011 or the Local Government Act 1995. This site also has information on Town Planning decisions, which can involve similar issues.

If you are unhappy with a local government decision, you may be able to apply to SAT for a review. Most of the applications involve orders to remove or alter a structure. However, reviews can also be brought under Section 26 of the Strata Titles Act 1985.

What are the special requirements for decisions makers?

Sections 21 & 22 of the State Administrative Tribunal Act 2004 outline SAT’s authority to request and the requirements for local governments to produce written reasons for their original decisions. These requirements are summarised in Respondents' Role.

How does SAT handle Local Government matters?

After receiving an application for review, SAT will send letters to the parties advising of the date and time of a directions hearing. At the directions hearing SAT will determine the issues and best course to resolve the matter.

This includes the use of alternative dispute resolution options such as mediation to resolve matters between the parties amicably. SAT may also refer the matter back to the original decision maker to reconsider their decision, this is under section 31 of the State Administrative Tribunal Act 2004. If an agreement cannot be reached using alternative dispute resolution methods or by a referral under section 31, then SAT will move the matter to a further hearing. SAT may also make orders requiring one or both parties to make further submissions.

In some instances where there is sufficient information SAT may make a decision on the documents with no further hearings required.

Last updated: 19-Dec-2013

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