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The Appropriate Review Body

Under the Food Act 2001 some decisions or determinations made by the Relevant Authority (Department of Health) or Enforcement Agencies (Local Government Councils) can be reviewed by the "appropriate review body". The Food Act defines the "appropriate review body" as the Administrative and Disciplinary Division of the District Court.

Those parts of the Food Act that provide for a review of a decision or determination are:

  • Section 35 - Dissatisfaction with a determination for compensation related to an Emergency Order
  • Section 51 - Refusal to issue a certificate of clearance for a Prohibition Order
  • Section 52 - Dissatisfaction with a determination for compensation related to a Prohibition Order
  • Section 65 - Decisions related to the approval of a laboratory
  • Section 71 - Decisions related to the approval of analysts
  • Section 77 - Decisions related to the approval of food safety auditors

Food Act reference

Further reference to the review provisions can be found under the relevant sections of the Food Act 2001

The process of review

A person seeking the review of a decision or determination will file an application (3 copies) with the Appeals Clerk of District Court Civil Registry on the ground level of the Sir Samuel Way Building, Victoria Square, Adelaide (Principal Registry). Applications may also be lodged by posting it to that address. 

In country locations an application may be lodged at a Magistrates Court for forwarding to the Principal Registry. Magistrates Courts are located in Ceduna, Pt Lincoln, Whyalla, Pt Augusta, Pt Pirie, Kadina, Berri, Mt Gambier, Naracoorte, Murray Bridge, Tanunda or Coober Pedy.

The Court charges a fee for filing an application. For advice on the current fee or for other assistance on filing an application contact the Appeals Clerk at the Principal Registry on 8204-0286.

When the application for review has been processed by Court staff the application original will be kept by the Court and the other 2 copies will be returned to the applicant. The applicant keeps one copy for their records and serves the other copy on the Agency whose decision is to be reviewed.

Once the applicant has served the Agency with a copy of the application and provided the Court with a completed Proof of Service form a date will be set for a status conference before a Judge of the District Court. The purpose of this conference is to determine if it is possible to resolve the matter by any other means, whether any directions or orders should be given as to the conduct of the review hearing, whether a report from an expert witness will be needed and generally ensure all parties and documentation are ready for the full review hearing.

The parties to the review may have legal representation.

Forms

Forms to apply for a Review and to provide the Court with Proof of Service are available below.

Application for Review (PDF 31k) | Proof of Service (PDF 34k)

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