Protected Matter

What is Protected Matter?

The State Administrative Tribunal Act 2004 (WA) (‘SAT Act’) defines protected matter as:

• any information or document to which a certificate under section 159(2) applies, except to the extent that an order of the Tribunal under section 159(4) that its disclosure would not be contrary to the public interest has effect; or

• exempt matter or an exempt document.

An ‘exempt document’ under the SAT Act is a document that contains exempt matter. ‘Exempt matter’ under the SAT Act means matter that is exempt under Schedule 1 to the Freedom of Information Act 1992.

What to do if you believe your document to be filed is protected matter:

If you consider that your document should be treated as protected matter you must:

1. Complete the application form for Protected Matter available (see link below).

2. Lodge the application form and the documents or information you consider protected, in-person at the State Administrative Tribunal, 565 Hay Street.

3. If you cannot lodge in-person, you must lodge the application form and the documents through the eCourts Portal (you must have a registered account that is linked to the proceeding) using only the document type ‘PROTECTED MATTER (Authorised Users Only)’.

   1. You must lodge both the application form and the document you consider protected matter using this document type. The form and material must be lodged separately.

If you are lodging bundles of documents that contain protected matter, you must ensure that the bundle contains an index, is paginated, and clearly identifies (in the index) which document or information you consider to be protected matter.

Will the Tribunal hold a hearing to determine the claim as to protected matter?

The Tribunal may hold a hearing to determine whether the protected matter material will remain protected. You will be notified by the Tribunal advising if the proceeding is being listed for a directions hearing.

Returning Protected Matter

At the completion of the proceedings, parties may be contacted to collect the protected matter. Parties will be given up to 42 days to collect the documents.

If you require assistance with the filing of protected matter material, please call the Tribunal on 9219 3111.