South Australian Employment Tribunal (Costs) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 2 February 2021.)

The Hon. S.C. MULLIGHAN (Lee) (15:55): I rise to make a contribution on this bill on behalf of the opposition. I indicate that I am the lead speaker. This bill was introduced by the Treasurer in the other place late last year to amend section 6A(4) of the South Australian Employment Tribunal Act to explicitly allow the tribunal to award costs for or against a party in criminal proceedings.

As we have heard by way of background, certain functions were transferred to the tribunal from the Magistrates Court in 2017, including hearing certain employment-related criminal matters. It is common practice in the Magistrates Court for costs to be awarded in criminal matters. The tribunal has been doing so since it was conferred these powers in 2017. I understand it has awarded approximately $40,000 across 18 separate orders; however, the act does not expressly refer to the awarding of costs in criminal matters.

The government has advised that it has received advice from Crown law following comments made during the course of a Supreme Court matter that cast some doubt on the tribunal's power to award costs in this regard. I understand that no-one has tested the tribunal's power to award costs. The government states that this bill did not arise from a specific claim or group of claims. The bill seeks to confirm the status quo by confirming that the tribunal can do what the Magistrates Court previously did with regard to these matters and what the tribunal itself has been doing, as we understand, for more than three years now.

The retrospective nature of the bill seeks to provide that existing orders cannot be challenged. While extreme care must be given to any retrospective law, this would apply only to these 18 orders, worth, we understand, an average of slightly more than $2,000. It is a minor technical bill in nature and the opposition indicates its support for this bill.

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (15:57): I thank the member for his indication of support and seek that we proceed straight to third reading.

Bill read a second time.

Third Reading

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (15:58): I move:

That this bill be now read a third time.

Bill read a third time and passed.

Sitting extended beyond 18:00 on motion of Hon. D.G. Pisoni.