Statutes Amendment (South Australian Employment Tribunal) Bill

Final Stages

The Legislative Council agreed to the bill with amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 18, page 16, after line 29—Insert:

(a1) Section 19—after subsection (1) insert:

(1a) The Tribunal sitting as the South Australian Employment Court may only be constituted by members of the Tribunal who are also judges or magistrates (sitting alone or in any combination as the President thinks fit).

No. 2. Clause 18, page 16, after line 31—Insert:

(1a) Section 19—after subsection (5) insert:

(5a) In addition, a member of the Tribunal (not being a judge or magistrate), or a registrar or other member of the staff of the Tribunal, may assist with the business of the South Australian Employment Court to the extent that it may be appropriate to do so.

No. 3. Clause 18, page 16, lines 32 to 37 and page 17, lines 1 to 4 [Clause 18(2)]—Delete subclause (2)

No. 4. New clause, page 29, after line 6—Insert:

49A—Insertion of section 11A

After section 11 insert:

11A—Right of appeal from SAET

Despite Part 5 of the South Australian Employment Tribunal Act 2014, an appeal against a decision of SAET in relation to a dust disease action (including in relation to any matter that is ancillary or related to a dust disease action that is the subject of the proceedings) lies—

(a) in the case of an interlocutory order made by SAET—to the Supreme Court constituted of a single Judge; or

(b) any other case—to the Full Court of the Supreme Court.

No. 5. Clause 52, page 33, after line 42—After inserted section 12 insert:

12A—Advisory jurisdiction

(1) SAET has jurisdiction to inquire into, and report and make recommendations to the Minister on, a question related to an industrial or other matter that is referred to SAET for inquiry by the Minister.

(2) The jurisdiction conferred on SAET under subsection (1)—

(a) is not to be assigned to the South Australian Employment Court; and

(b) does not extend to inquiring into the South Australian Employment Court or matters that may be brought before the Court or that are being dealt with, or have been dealt with, by the Court.

No. 6. New Clause, page 42, after line 23—Insert:

54A—Repeal of Chapter 3, Part 5, Division 2

Chapter 3, Part 5, Division 2—delete Division 2

No. 7. New Clause, page 56, after line 5—After clause 92 insert:

92A—Amendment of section 95B—Referral of complaints to Tribunal

Section 95B—after paragraph (b) insert:

(ba) is of the opinion that the matter should be transferred to the Tribunal (whether or not there has been an attempt to resolve the matter by conciliation);

No. 8. New Clauses, page 62, after line 34—Insert:

Part 12A—Amendment of Judicial Administration (Auxiliary Appointments and Powers) Act 1988

107A—Amendment of section 2—Interpretation

(1) Section 2, definition of judicial office, paragraph (b)—delete 'Judge of the Industrial Court,'

(2) Section 2, definition of judicial office, paragraph (ba)—delete paragraph (ba) and substitute:

(ba) the office of a Presidential member of the South Australian Employment Tribunal (other than a Presidential member who is a Magistrate);

(3) Section 2, definition of judicial office, paragraph (d)—delete ', Magistrate or Industrial Magistrate' and substitute 'or Magistrate'

(4) Section 2, definition of judicial office—after paragraph (d) insert:

(da) the office of a Presidential member of the South Australian Employment Tribunal where the Presidential member is a Magistrate;

107B—Amendment of section 5—Power of judicial officer to act in co-ordinate and less senior offices

(1) Section 5(1)—delete 'Subject to subsection (1a) and (2), a' and substitute 'A'

(2) Section 5(1a)—delete subsection (1a)

(3) Section 5(2)—delete subsection (2)

No. 9. Clause 144, page 73, lines 30 to 33—Delete clause 144 and substitute:

144—Substitution of section 67

Section 67—delete the section and substitute:

67—Representation in proceedings before SAET

(1) The following provisions govern representation in proceedings (other than appellate proceedings) before SAET under this Division:

(a) a party to the proceedings may be represented by—

(i) the Training Advocate; or

(ii) if the party is a member of a registered association—an officer or employee of the registered association acting in the course of employment with that registered association;

(b) a party to the proceedings that is a body corporate may be represented by an officer or employee of the body corporate;

(c) a party to the proceedings may be represented by another person with leave of SAET if—

(i) SAET is satisfied that the party will be disadvantaged if the party is not represented by another person; and

(ii) the other person is acting gratuitously.

(2) However, a person acting as a representative of a party under subsection (1) (other than the Training Advocate) cannot be a legal practitioner or a registered agent.

(3) In this section—

registered agent means a person who is a registered agent under the Fair Work Act 1994;

registered association means a registered association under the Fair Work Act 1994.

Consideration in committee.

The Hon. T.R. KENYON: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.