Statutes Amendment (South Australian Employment Tribunal) Bill

Second Reading

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (16:52): I move:

That this bill be now read a second time.

As this is a very lengthy second reading speech, I seek leave to insert the second reading explanation and explanation of clauses in Hansard without my reading them.

Leave granted.

Today I am introducing the Statutes Amendment (South Australian Employment Tribunal) Bill 2016 (the Bill) for the purpose of conferring a range of further jurisdictions on the South Australian Employment Tribunal (SAET).

SAET was established by the South Australian Employment Tribunal Act 2014 (the SAET Act). SAET commenced operations on 1 July 2015 with jurisdiction over workers compensation disputes under the Return to Work Act 2014. The Workers Compensation Tribunal (WCT) remained in existence until 5 March 2016 to complete matters under the former Workers Rehabilitation and Compensation Act 1986 (WRC Act). Since the dissolution of the WCT on 5 March 2016, SAET has also been exercising jurisdiction to finalise the remaining outstanding workers compensation disputes under the WRC Act.

SAET was established on the premise that the collective industrial relations skills and experience of SAET's members and administration would in the future be utilised for resolving other employment-related disputes. The aim is that SAET will, as much as possible, be a one-stop-shop for resolving disputes between employers and employees. With SAET now established, the Bill proposes to amend the SAET Act and a number of other Acts to confer additional employment-related jurisdiction on SAET.

In summary, this Bill proposes:

to amend the SAET Act to give it the powers and functions necessary to exercise the expanded range of proposed jurisdictions;

to confer on SAET jurisdiction over dust disease matters under the Dust Diseases Act 2005;

to confer on SAET the whole of the existing jurisdictions of the Industrial Relations Court of South Australia and of the Industrial Relations Commission of South Australia and to make consequential changes to the Construction Industry Long Service Leave Act 1987, Fair Work Act 1994, Fire and Emergency Services Act 2005, Industrial Referral Agreements Act 1986, Long Service Leave Act 1987, Public Sector Act 2009, Training and Skills Development Act 2008 and the Work Health and Safety Act 2012;

to confer on SAET the jurisdictions of the Teachers Appeal Board and teachers' classification review panels and to make consequential changes to the Education Act 1972 and Technical and Further Education Act 1975;

to confer on SAET the jurisdiction of the Equal Opportunity Tribunal and to make consequential changes to the Equal Opportunity Act 1984;

to confer on SAET partial jurisdiction of the Police Review Tribunal and to make consequential changes to the Police Act 1998;

to confer on SAET the jurisdiction of the Public Sector Grievance Review Commission and to make consequential changes to the Public Sector Act 2009;

to confer on SAET criminal jurisdiction in respect of summary and minor indictable offences and to make consequential changes to the Summary Procedure Act 1921; and

to confer on SAET common law civil jurisdiction in respect of contractual disputes between employer and employee and common law claims for damages under Part 5 of the Return to Work Act 2014.

The general approach taken in drafting the Bill has been that where provisions in an Act conferring jurisdiction on SAET replicate measures in the SAET Act, the conferring Act's provisions are to be deleted. The consequent effect of this is that, as with the Return to Work Act 2014, the SAET Act and the relevant conferring Acts, as amended by this Bill, will operate concurrently in the respective jurisdiction. Consultation has occurred with the affected courts, tribunals and other bodies, which has assisted in the drafting process and has enabled ongoing communication during this period of transition to SAET about the changes that lie ahead.

The Bill preserves in each of the conferring Acts specific functions, processes and powers that are unique or necessary to the respective jurisdiction. If special arrangements or powers are preserved by the amendments to the conferring Acts, and these differ from the provisions of the SAET Act, existing provisions in the conferring Act will prevail.

Transitional provisions will be inserted into each conferring Act that is subject to amendment by this Bill. The transitional provisions address the status of directions, orders, applications, reviews or appeals before and after the amended provisions take effect.

Turning now to the main features of the Bill.

Amendment of South Australian Employment Tribunal Act 2014

The Bill proposes to establish a part of the SAET that is the Tribunal in Court Session, and which is to be referred to as the South Australian Employment Court ('the Court'). This is proposed for constitutional reasons to enable SAET to exercise both non-judicial and judicial powers, with the latter being exercised in the Court part of SAET. This structure is modelled on the New South Wales Industrial Relations Commission (which operates with a 'Commission in Court Session'). Matters to be heard in the Court will be assigned to it either by the SAET Act, by a conferring Act or by SAET's rules. For example, the jurisdiction in respect of criminal offences would be assigned to the Court by proposed amendments to the SAET Act in this Bill.

The current President of SAET is the Senior Judge of the Industrial Relations Court. Under the Fair Work Act 1994, the person appointed to be the Senior Judge of the Industrial Relations Court could be either a judge of the District Court or a person who is eligible to be appointed a judge of the District Court. The Bill proposes that the President of the SAET will be a judge of the District Court. SAET's Deputy Presidents will be either District Court judges or magistrates. Transitional provisions are included in the Bill with respect to the President and Deputy Presidents of SAET.

Under the Bill, SAET's Conciliation Officers will, in the future, be referred to as 'Commissioners'. Transitional provisions in the Bill will have the effect of applying that change to SAET's existing group of Conciliation Officers.

The Bill also proposes a new category of non-Presidential SAET member called a Supplementary Panel Member. Supplementary Panel Members will be used on a sessional basis in the same way as the panels of nominees that are an existing feature of some Acts that will confer jurisdiction on SAET. This includes the employer association-nominated panel members and employee association-nominated panel members that currently assist boards, tribunals and other bodies to hear matters under the Education Act 1972, Fire and Emergency Services Act 2005, Public Sector Act 2009 and under the Work Health and Safety Act 2012. SAET members will, when required, utilise the industry expertise of Supplementary Panel Members when hearing some matters.

The Bill proposes that SAET be conferred a broad common law jurisdiction to hear and determine disputes arising under contracts of employment. SAET will also be able to decide monetary claims between employers and employees under an award, enterprise agreement or contract of employment or under the Fair Work Act 1994 or the Fair Work Act 2009 (Cth), which is a jurisdiction currently exercised by the Industrial Relations Court. SAET would also hear common law damages claims for workplace injuries under Part 5 of the Return to Work Act 2014.

The Bill would make a number of procedural changes to the SAET Act, including as to reviews and appeals, to reflect the new jurisdictions that SAET will exercise, including that it will have a part that is the Court and that it will exercise criminal jurisdiction.

The Bill makes it clear that, generally, SAET is a no-costs jurisdiction unless provisions in the SAET Act or an Act conferring jurisdiction on SAET permit the award of costs. The Bill does not intend to alter the status quo as regards costs and, if costs are able to be awarded prior to the particular jurisdiction being conferred on SAET, SAET will also be able to award costs when it exercises that jurisdiction.

Criminal Jurisdiction

Regulations made under the Summary Procedure Act 1921 currently declare some summary offences to be 'industrial offences'. Industrial offences can only be heard by industrial magistrates, who are magistrates assigned by the Governor under section 19A of the Fair Work Act 1994 to be industrial magistrates. The Bill proposes to amend the Summary Procedure Act 1921 to repeal the provisions referring to industrial magistrates and industrial offences. Instead, the members of SAET who are magistrates will hear criminal proceedings for summary or minor indictable offences in the South Australian Employment Court. The criminal matters that can be heard in the Court will be assigned to the Court by legislation. Under the changes proposed by the Bill, the Court will deal with a charge of a summary or minor indictable offence in the same way that the Magistrates Court currently deals with such a charge under the Summary Procedure Act 1921.

Dust Diseases

The Bill proposes to amend the Dust Diseases Act 2005 so that SAET, in the part that is the South Australian Employment Court, will have jurisdiction to hear dust disease matters. This jurisdiction is currently conferred only on the District Court but matters are heard by judges of that Court who also hold commissions as judges of the Industrial Relations Court.

Industrial Relations Court and Industrial Relations Commission

The Industrial Relations Court is currently constituted under the Fair Work Act 1994. Its primary jurisdiction is derived from the Fair Work Act 1994 and involves the interpretation of awards and enterprise agreements and jurisdiction to determine monetary claims, but the Industrial Relations Court can also hear civil proceedings under the Work Health and Safety Act 2012.

The Industrial Relations Commission is also constituted under the Fair Work Act 1994. The Commission has jurisdiction to approve enterprise agreements, to make awards regulating remuneration and other industrial matters, to resolve industrial disputes and, among other things, hear and determine industrial matters.

The Bill proposes to confer on SAET all of the jurisdictions of the Industrial Relations Court and Industrial Relations Commission and to dissolve the Industrial Relations Court and Industrial Relations Commission.

The Bill would amend the Fair Work Act 1994 to remove the procedural provisions that will now appear in the SAET Act and to make consequential amendments necessary to ensure that SAET can exercise the jurisdictions of the Industrial Relations Court and Industrial Relations Commission.

The Bill proposes to remove the provisions of the Fair Work Act 1994 relating to Commissioners. In SAET, the duties of the two current Industrial Relations Commissioners will be performed by SAET's members. Transitional provisions have been included to allow for the two Industrial Relations Commissioners to be appointed as Commissioners of SAET for a period of 5 years.

The Bill does not intend to affect any person's position or status for the purposes of continuing to hold an appointment as a member of an industrial authority under a law of the Commonwealth.

The Industrial Relations Court and/or the Industrial Relations Commission also exercise jurisdiction under the Construction Industry Long Service Leave Act 1987 (reviews of decisions of the Construction Industry Long Service Leave Board), Fire and Emergency Services Act 2005 (appeals of appointment nominations of the Chief Officer and reviews of disciplinary decisions of the Chief Officer and of the SAMFS Disciplinary Committee), Industrial Referral Agreements Act 1986 (resolution of industrial disputes referred by agreement), Long Service Leave Act 1987 (exemptions and reviews of decisions and other orders in respect of workers' entitlements to long service leave), Public Sector Act 2009 (reviews of prescribed employment-related decisions made by public sector agencies), Training and Skills Development Act 2008 (reviews of compliance notices issued against employers, suspension of apprentices and trainees for misconduct, resolution of disputes between parties to a training contract) and the Work Health and Safety Act 2012 (disqualification of a health and safety representative, civil proceedings in relation to discriminatory or coercive conduct, external reviews of certain reviewable decisions). Consequential amendments are made to these Acts to enable SAET to exercise these jurisdictions.

Consequential amendments are also proposed to be made by the Bill to the Courts Administration Act 1993, Judges Pensions Act 1971, Magistrates Court Act 1991 and the Oaths Act 1936 to reflect the dissolution of the Industrial Relations Court and Industrial Relations Commission and the conferral of their jurisdictions on SAET.

Teachers Appeal Board

The Teachers Appeal Board has jurisdiction to determine appeals under the Education Act 1972 in respect of a decision made in the public school system in relation to the employment or the disciplining of a teacher. The Board also has jurisdiction to hear appeals in respect of similar decisions made in respect of persons appointed under the Technical and Further Education Act 1975. Reviews of decisions of the Director-General regarding applications by teachers for reclassification are heard by classification review panels established under the Education Act 1972. The Bill proposes consequential amendments to the Education Act 1972 and the Technical and Further Education Act 1975 to confer on SAET the jurisdictions of the Teachers Appeal Board and of classification review panels.

Equal Opportunity Tribunal

The Equal Opportunity Tribunal has jurisdiction to hear and determine matters in respect of unresolved discrimination complaints referred from the Equal Opportunity Commissioner. This includes discrimination that occurs in an employment context. The Bill proposes consequential amendments to the Equal Opportunity Act 1984 to confer the Tribunal's jurisdiction on SAET.

Police Review Tribunal

The Police Act 1988 confers jurisdiction on the Police Review Tribunal to review certain decisions relating to the termination of appointment or transfer of a member of SAPOL and regarding selections for appointment to promotional positions. The Bill proposes consequential amendments to the Police Act 1988 to confer partial jurisdiction of the Police Review Tribunal on SAET, i.e. jurisdiction over terminations and transfers. Jurisdiction covering promotion reviews will continue to be dealt with by the Police Review Tribunal.

Public Sector Grievance Review Commission

The Public Sector Act 2009 provides public sector employees employed in the Public Service with a right to apply for review of certain employment decisions to the Public Sector Grievance Review Commission. The Bill proposes consequential amendments to the Public Sector Act 2009 to confer the Commission's jurisdiction on SAET.

The Statutes Amendment (SACAT) Act 2014 was passed by Parliament in December 2014 and includes provisions that would confer the Commission's jurisdiction on the South Australian Civil and Administrative Tribunal (SACAT). The disputes dealt with by the Commission concern the employment of Public Servants and therefore this jurisdiction is more appropriate for SAET than SACAT. It is proposed to repeal the relevant provisions of the Statutes Amendment (SACAT) Act 2014 by way of a forthcoming SACAT-related Bill to be introduced into Parliament.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of South Australian Employment Tribunal Act 2014

4—Amendment of section 3—Interpretation

This clause inserts or substitutes defined terms.

5—Amendment of section 5—Establishment of Tribunal

This clause amends section 5 of the principal Act to provide that the Tribunal will have a part that is the Tribunal in Court Session, which will be a court of record and will be called the South Australian Employment Court. The Tribunal will also have a part that is the Tribunal acting as an industrial relations commission.

6—Substitution of section 6

This clause inserts proposed sections 6, 6A and 6B into the principal Act to establish the jurisdiction of the Tribunal. SAET's jurisdiction will include matters conferred on it by another Act as well as jurisdiction to try a charge for an offence. Proposed section 6A sets out that the manner in which the South Australian Employment Court will deal with a charge of a summary or minor indictable offence.

6—Jurisdiction of Tribunal

6A—Conferral of jurisdiction—criminal matters

6B—Conferral of jurisdiction—related matters

7—Insertion of section 7A

This clause inserts proposed section 7A into the principal Act.

7A—Seals

Proposed section 7A states that the South Australian Employment Court must have a seal.

8—Amendment of section 9—The members

This clause amends section 9 of the principal Act. It provides for the inclusion of supplementary panel members as Tribunal members and substitutes conciliation officers for Commissioners.

9—Substitution of section 10

This clause substitutes section 10 of the principal Act and relates to the appointment of the President of the Tribunal.

10—Appointment of President

The provision sets out that the President will be a judge of the District Court. It also sets out various terms and conditions that apply to the appointment.

10—Amendment of section 12—Acting President

This clause amends section 12 of the principal Act to provide that the a person who is a Deputy President or a judge of the District Court may be appointed to act as the President.

11—Insertion of section 12A

This clause inserts new section 12A to establish that will be at least 2 Deputy Presidents of the Tribunal.

12A—Number of Deputy Presidents

12—Substitution of section 13

This clause substitutes section 13 of the principal Act and relates to the appointment of Deputy Presidents of the Tribunal.

13—Appointment of Deputy Presidents

The provision sets out the basis on which a Deputy President may be appointed and the various terms and conditions that apply to the appointment.

13—Substitution of heading to Part 2 Division 3 Subdivision 5

This clause substitutes the heading to Subdivision 5.

14—Amendment of section 16—Appointment of Commissioners

This clause substitutes references to conciliation officers with references to Commissioners.

15—Amendment of section 17—Commissioner ceasing to hold office and suspension

This clause is consequential and provides for references to Commissioner.

16—Amendment of section 18—Supplementary Commissioners

This clause is consequential and provides for references to Commissioner.

17—Insertion of Part 2 Division 3A

This clause inserts Part 2 Division 3A.

Division 3A—Supplementary panel members

18A—Supplementary panel members

Proposed section 18A provides the mechanism for establishing panel members as required. The provision establishes the various terms and conditions that apply to any appointment.

18—Amendment of section 19—Constitution of Tribunal and its decision-making processes

This clause amends section 19 of the principal Act to provide for the constitution of the South Australian Employment Court.

19—Amendment of section 20—Who presides at proceedings of the Tribunal

This amendment is consequential on the insertion of proposed section 18A relating to supplementary panel members and the substitution of references to conciliation officers with references to Commissioners.

20—Amendment of section 22—Determination of questions of law

This clause amends section 22 of the principal Act to substitute references to the Full Bench of the Tribunal with references to the Full Bench of the South Australian Employment Court.

21—Repeal of section 23

This clause deletes section 23 of the principal Act which provides for the establishment of streams or lists reflecting areas of jurisdiction of the Tribunal.

22—Insertion of Part 2 Division 6

This clause inserts Part 2 Division 6 which sets out additional provisions relating to the jurisdiction of the South Australian Employment Court.

Division 6—Additional provisions relating to jurisdiction

26A—Declaratory judgments

This section provides that the South Australian Employment Court may, on matters within its jurisdiction, make binding declarations of right.

26B—Other provisions relating to civil jurisdiction of Court

This section provides that the South Australian Employment Court may, in exercising civil jurisdiction, exercise any power under Part 6 of the District Court Act 1991 subject to certain modifications.

26C—Binding nature of decisions

This section provides that any decision or determination of the South Australian Employment Court binds the parties to the relevant matter.

Division 7—Additional provisions relating to jurisdiction under Return to Work Act 2014

26D—Civil jurisdiction under Return to Work Act 2014

This section confers exclusive jurisdiction on the South Australian Employment Court to hear and determine an action for damages in respect of matters to which Part 5 of the Return to Work Act 2014 applies.

26E—Rights of action and recovery against third parties

This section establishes that a reference in section 66 of the Return to Work Act 2014 to the District Court will be taken to include a reference to the Tribunal and that the jurisdiction of the Tribunal and this section is assigned to the South Australian Employment Court.

26F—Review jurisdiction under Return to Work Act 2014

This section provides that a reference to Part 3 of the South Australian Employment Tribunal Act 2014 in section 103 of the Return to Work Act 2014 will be taken to be a reference to Part 3 Division 1.

26G—Injuries that develop gradually

This section establishes that a reference in section 188 of the Return to Work Act 2014 to the Industrial Relations Court of South Australia will be taken to be a reference to the Tribunal and that the jurisdiction of the Tribunal under this section is assigned to the South Australian Employment Court.

26H—Criminal jurisdiction

The provision states that the South Australian Employment Court is conferred with jurisdiction to try a charge for an offence against the Return to Work Act 2014.

26I—Appeals

Proposed section 26I provides that an appeal from a decision of the Tribunal under the Return to Work Act 2014 (other than in the exercise of its criminal jurisdiction) will be limited to a question of law.

23—Insertion of heading

This clause inserts a heading for Part 3 Division 1.

Division 1—Review jurisdiction

24—Insertion of section 26J

This clause inserts proposed section 26J.

26J—Application of Division

Proposed section 26J makes provision for the application of Part 3 Division 1 and sets out the Tribunal's review jurisdiction.

25—Amendment of section 27—General nature of proceedings

The amendments made by this clause are consequential on the structural changes made to Part 3.

26—Insertion of new Part 3 Division 2

This clause inserts new Part 3 Division 2.

Division 2—Application of Division

31A—Application of Division

Proposed section 31A makes provision for the application of Part 3 Division 1. It provides for the Tribunal acting as the original decision-maker.

27—Amendment of section 32—Principles governing hearings

This clause amends section 32 of the principal Act by inserting proposed subclause (1a) to provide that the South Australian Employment Court is a court of record and to provide that the Tribunal may give directions about any question of evidence.

28—Amendment of section 34—Entry and inspection

The clause amends section 34 to expand entry and inspection powers so that they extend to buildings, structures, ships or vessels.

29—Amendment of section 49—Joinder of parties etc

This clause amends section 49 to give the Tribunal power to order that a person be removed as a party to the proceedings.

30—Substitution of section 52

This clause substitutes section 52 of the principal Act.

52—Costs

The substituted costs provision provides that subject to this Act or a relevant Act, parties bear their own costs in any proceedings before the Tribunal (other than proceedings assigned to the South Australian Employment Court to which section 26B applies).

31—Amendment of section 53—Costs—related matters

This clause amends section 53 and is consequential on the amendment that substitutes section 52 of the principal Act.

32—Amendment of section 66—Internal review

This clause amends section 66 of the principal Act and sets out the manner in which a review of a decision of the Tribunal will be determined.

33—Substitution of section 67

67—Appeals

This clause substitutes section 67 of the principal Act to provide for appeals to the Full Bench of the South Australian Employment Court.

34—Amendment of section 68—Final appeal to Supreme Court

The amendments made by this clause are consequential.

35—Amendment of section 69—Effect of appeal on decision

This amendment is consequential.

36—Amendment of section 70—Reservation of questions of law

This clause amends section 70 to enable the South Australian Employment Court to reserve a question of law for determination by the Full Bench of the South Australian Employment Court.

37—Insertion of section 83A

This clause inserts proposed section 83A to facilitate the transfer of proceedings before the Tribunal to another tribunal or court.

83A—Transfer of proceedings

38—Amendment of section 86—Enforcement of decisions and orders of Tribunal

This clause amends section 86 of the principal Act to insert a definition of the term monetary order.

39—Insertion of section 88A

This clause inserts proposed section 88A to enable the Tribunal to issue a summons, notice or warrant to require the attendance of a person who is held in custody.

88A—Production of persons held in custody

40—Substitution of section 91

This clause substitutes section 91 with proposed sections 91 to 91B.

91—Disrupting proceedings of Tribunal

Proposed section 91 sets out the circumstances in which a person commits a contempt of the Tribunal.

91A—Punishment of contempts

Proposed section 91A establishes that a fine is payable for the offence of contempt of the Tribunal and that the jurisdiction to deal with the offence is vested in the South Australian Employment Court.

91B—Offences

Offences under the principal Act lie within the criminal jurisdiction of the South Australian Employment Court.

41—Transitional provisions

This clause provides for certain transitional arrangements.

Part 3—Amendment of Dust Diseases Act 2005

42—Amendment of section 3—Interpretation

This clause inserts a definition of SAET.

43—Insertion of section 4A

This clause inserts section 4A to provide that SAET is to have jurisdiction to hear and determine proceedings in relation to dust disease action. The provision assigns the jurisdiction to the South Australian Employment Court.

4A—Jurisdiction of SAET

44—Amendment of section 5—Expeditious hearing and determination of dust disease actions

This clause inserts a reference to SAET into section 5 of the principal Act.

45—Repeal of section 6

This clause repeals section 6.

46—Amendment of section 7—Costs

This clause amends section 7 to provide that costs of proceedings in dust disease actions before SAET will be allowed or awarded on the same basis as for actions in the District Court.

47—Amendment of section 8—Evidentiary presumptions and special rules of evidence and procedure

This clause amends section 8 to provide for references to SAET.

48—Amendment of section 9—Damages

This clause amends section 9 to insert references to the District Court or SAET.

49—Amendment of section 10—Procedure where several defendants or insurers involved

This clause amends section 10 to make reference to the District Court or SAET.

Part 4—Amendment of Fair Work Act 1994

50—Amendment of section 3—Objects of Act

These amendments are consequential and reflect changes made to the principal Act as a result of the substitution of Chapter 2 of the principal Act and the conferral of jurisdiction on SAET.

51—Amendment of section 4—Interpretation

This clause makes amendments to various definitions and makes provision for the definition of SAET as the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014.

52—Substitution of Chapter 2

This clause substitutes Chapter 2 of the principal Act to give SAET jurisdiction of matters that currently fall within the jurisdiction of the Industrial Relations Court or the Industrial Relations Commission.

Chapter 2—Jurisdiction of SAET—special provisions

Part 1—Interpretative and other jurisdiction, declarations and injunctions

7—Jurisdiction of SAET

The provision establishes the jurisdiction of SAET to adjudicate on rights and liabilities arising out of employment.

8—Jurisdiction to interpret awards and enterprise agreements

The provision provides that SAET has jurisdiction to interpret an award or enterprise agreement.

9—Jurisdiction to decide monetary claims under industrial laws or instruments

This clause gives SAET (constituted as the South Australian Employment Court) jurisdiction to hear and determine monetary claims of a kind specified by the provision.

10—Jurisdiction to hear and determine questions arising under contracts of employment

This clause gives SAET (constituted as the South Australian Employment Court) jurisdiction in relation to contracts of employment.

11—Declaratory jurisdiction

The provision ensures that SAET has jurisdiction to make declaratory judgments.

12—Orders to remedy or restrain contraventions

This provision gives SAET jurisdiction to make certain specified orders in the case of a contravention or failure to comply with a provision of the principal Act, an award or an enterprise agreement.

Part 2—Processes associated with industrial matters and disputes

13—Amendment or rectification of proceedings

The provision enables SAET to allow amendments or make corrections to notices, submissions and other documents associated with proceedings to correct errors and defects.

14—Power to re-open questions

The provision enables SAET to re-open questions previously decided and to amend or quash an earlier determination.

15—General power of waiver

The provision gives SAET power to waive the requirement to comply with a procedural requirement.

16—Applications to SAET

The provision concerns applications to SAET in relation to proceedings under the principal Act.

17—Advertisement of applications

The provision ensures that reasonable notice is given of the substance of an application before it is heard.

18—Provisions of award etc relevant to how SAET intervenes in dispute

The provision sets out that SAET must consider whether, when or how it will exercise its powers in relation to the industrial dispute having regard to certain specified matters.

19—Voluntary conferences

The provision enables SAET to call a voluntary conference of the parties.

20—Compulsory conference

The provision establishes that SAET may call a compulsory conference of parties involved in an industrial dispute.

21—Reference of questions for determination

The provision provides that the person presiding at a compulsory conference may refer the subject matter of the conference for determination by SAET.

22—Experience gained in settlement of dispute

The provision enables SAET to invite parties to the dispute to take part in discussions after the dispute has settled.

23—Costs generally

The provision ensures that SAET may only, in the exercise of jurisdiction under the principal Act, make an order for costs where specifically authorised to do so under the principal Act. This does not apply in relation to proceedings that constitute an appeal under the South Australian Employment Tribunal Act 2014 in respect of the exercise of jurisdiction under the principal Act.

Part 3—Representation

24—Representation

The provision sets out the entitlement of parties to certain representation.

25—Registered agents

The provision sets out the requirement for a register of registered agents.

26—Inquiries into conduct of registered agents or other representative

The clause makes provision for inquiries and disciplinary action in relation to the conduct of registered agents.

Part 4—Concurrent appointments—other industrial authorities

27—Concurrent appointments

The proposed section provides for the appointment of SAET members as members of an industrial authority under the law of the Commonwealth or another State.

28—Powers of member holding concurrent appointments

The proposed section enables a member who holds a concurrent appointment to simultaneously exercise powers deriving from both or all appointments.

Part 5—Special provisions relating to monetary claims

29—Interpretation

The provision inserts a definition of monetary claim.

30—Limitation of action

The provision re-enacts current section 179 of the principal Act.

31—Who may make a claim

The provision re-enacts current section 180 of the principal Act.

32—Simultaneous proceedings not permitted

The provision re-enacts current section 181 of the principal Act with certain modifications to reflect the conferral of jurisdiction on the South Australian Employment Court.

33—Award to include interest

The provision re-enacts current section 183 of the principal Act with certain modifications to reflect the conferral of jurisdiction on the South Australian Employment Court.

34—Monetary judgment

The provision re-enacts current section 184 of the principal Act with certain modifications to reflect the conferral of jurisdiction on the South Australian Employment Court.

35—Costs

The provision re-enacts current section 185 of the principal Act with certain modifications to reflect the conferral of jurisdiction on South Australian Employment Court.

53—Amendment of Chapter 3—Employment

This clause makes amendments to Chapter 3 that are consequential on the dissolution of the Commission and the conferral of jurisdiction on SAET.

54—Amendment of section 99G—Recovery of amount of unpaid remuneration

This clause makes amendments that are consequential.

55—Amendment of Chapter 4—Associations

This clause makes amendments to Chapter 4 that are consequential on the dissolution of the Commission and the conferral of its jurisdiction on SAET.

56—Repeal of Chapter 5

This clause repeals Chapter 5 of the principal Act.

57—Amendment of section 219—Confidentiality

This amendment is consequential and substitutes a reference to the Court or the Commission with a reference to SAET.

58—Insertion of sections 219A to 219D

This clause inserts section 219A to 219D.

219A—Who are inspectors

The proposed section provides for the appointment of inspectors.

219B—General functions of inspectors

The provision sets out the functions of inspectors.

219C—Powers of inspectors

The provision sets out the powers of inspectors under the principal Act.

219D—Compliance notices

The provision allows an inspector to issue a compliance notice to an employer that has failed to comply with a provision of the principal Act.

59—Amendment of section 220—Notice of determinations of SAET

This amendment is consequential and substitutes references to Commission with references to SAET.

60—Repeal of section 221

This clause repeals section 221 of the principal Act.

61—Amendment of section 223—Discrimination against employee for taking part in industrial proceedings etc

This amendment is consequential and substitutes a reference to the Court or the Commission with a reference to SAET.

62—Amendment of section 230—Orders for payment of money

This amendment is consequential and substitutes references to the Court or the Commission with references to SAET.

63—Amendment of section 234—Proof of awards etc

This amendment is consequential and substitutes references to the Court or the Commission with references to SAET.

64—Amendment of section 235—Proceedings for offences

This amendment establishes that an offence against a provision of the principal Act lies within the criminal jurisdiction of SAET.

65—Amendment of Schedule 2

This amendment is consequential and substitutes references to the Commission with references to SAET.

66—Amendment of Schedule 2A

This amendment is consequential and substitutes references to the Commission with references to SAET.

67—Transitional provisions

This clause provides for certain transitional arrangements.

Part 5—Amendment of Construction Industry Long Service Leave Act 1987

68—Amendment of section 4—Interpretation

The following amendments in Part 5 of the Act to the Construction Industry Long Service Leave Act 1987 replace the existing Appeals Tribunal with SAET as the review body under the Act.

69—Substitution of heading to Part 6

Part 6—Reviews

70—Repeal of section 33

71—Substitution of section 34

34—Review by SAET

72—Repeal of sections 35 and 36

73—Amendment of section 37—Effect of pending review by SAET

74—Transitional provisions

This clause provides for certain transitional arrangements.

Part 6—Amendment of Courts Administration Act 1993

75—Amendment of section 4—Interpretation

This clause amends the definition of participating courts to remove the reference to the Industrial Relations Court of South Australia.

Part 7—Amendment of Criminal Law (Sentencing) Act 1988

76—Amendment of section 19—Limitations on sentencing powers of Magistrates Court

This clause amends section 19 of the principal Act to remove a limitation that applies to the imposition of fines.

Part 8—Amendment of Education Act 1972

77—Amendment of section 5—Interpretation

The following amendments in Part 7 to the Education Act 1972 replace the Teachers Appeal Board with SAET as the review body under the Act.

78—Amendment of section 16—Retrenchment of officers of the teaching service

79—Amendment of section 17—Incapacity of members of the teaching service

80—Amendment of section 26—Disciplinary action

81—Substitution of section 29

This clause inserts section 29 to provide for the appointment and selection of supplementary panel members for classification reviews.

29—Appointment and selection of supplementary panel members for classification reviews

82—Amendment of section 30—Review of Director-General's decision

83—Repeal of section 31

84—Substitution of Heading to Part 3 Division 8

Division 8—Promotional level positions—appointments and reviews

85—Repeal of sections 45 to 52 (inclusive)

86—Amendment of section 53—Promotional level positions—appointments and reviews

87—Substitution of section 54

54—Appointment and selection of supplementary panel members for reviews

88—Amendment of section 107—Regulations

89—Transitional provisions

This clause provides for certain transitional arrangements.

Part 9—Amendment of Equal Opportunity Act 1984

90—Amendment of section 5(1)—Interpretation

Part 10 amends the principal Act to replace the Equal Opportunity Tribunal with SAET.

91—Substitution of heading to Part 2

Part 2—Commissioner

92—Repeal of Part 2 Divisions 2 and 3

93—Substitution of heading to Part 8 Division 2

Division 2—Related matters

94—Repeal of section 98

95—Amendment of section 100—Proceedings under Fair Work Act 1994

This clause amends section 100 of the principal Act to provide that the Commissioner may, with leave of the Tribunal in proceedings before the Tribunal under the Fair Work Act 1994, make submissions and present evidence in those proceedings.

96—Insertion of Schedule 1

This clause inserts Schedule 1 to establish that there will be a panel of supplementary panel members for the purposes of section 18A of the South Australian Employment Tribunal Act 2014.

Schedule 1—Supplementary panel members for proceedings before Tribunal

97—Transitional provisions

This clause provides for certain transitional arrangements.

Part 10—Amendment of Fire and Emergency Services Act 2005

98—Amendment of section 3—Interpretation

Part 10 makes amendments to the Fire and Emergency Services Act 2005 that are consequential on the dissolution of the Industrial Relations Commission of South Australia and the conferral of jurisdiction on SAET under the principal Act.

99—Amendment of section 29—Other officers and firefighters

100—Amendment of section 48—Suspension pending hearing of complaint

101—Substitution of section 49 and 50

49—Review by SAET

102—Amendment of section 51—Participation of supplementary panel members in reviews

103—Substitution of Schedule 1

This clause substitutes Schedule 1 of the principal Act and provides for the selection of supplementary panel members for the purposes of proceedings before SAET.

Schedule 1—Appointment and selection of supplementary panel members for reviews under Part 3

104—Transitional provisions

This clause provides for certain transitional arrangements.

Part 11—Amendment of Industrial Referral Agreements Act 1986

105—Amendment of section 3—Referral of matter to SAET by agreement

Amendments made by Part 11 to the Industrial Referral Agreements Act 1986 replace the Industrial Relations Commission of South Australia with SAET as the body to which referrals of certain matters under the principal Act are considered.

106—Transitional provisions

This clause provides for certain transitional arrangements.

Part 12—Amendment of Judges' Pensions Act 1971

107—Amendment of section 4—Interpretation

This clause deletes a Judge of the Industrial Relations Court of South Australia and a Presidential member of the Industrial Relations Commission of South Australia from the definition of Judge.

Part 13—Amendment of Long Service Leave Act 1987

108—Amendment of section 3—Interpretation

Part 13 makes amendments to the Long Service Leave Act 1987 that are consequential on the dissolution of the Industrial Relations Commission of South Australia and the conferral of jurisdiction on SAET under the principal Act.

109—Amendment of section 6—Continuity of service

110—Amendment of section 9—Exemptions

111—Amendment of section 12—Inspector may direct employer to grant leave or pay amount due

112—Amendment of section 13—Failure to grant leave

113—Transitional provisions

This clause provides for certain transitional arrangements.

Part 14—Amendment of Magistrates Court Act 1991

114—Amendment of section 42—Appeals

The amendments by Part 14 to the Magistrates Court Act 1991 are consequential on the removal of industrial offences from the Summary Procedure Act 1921.

115—Amendment of section 43—Reservation of question of law

Part 15—Amendment of Oaths Act 1936

116—Amendment of section 28—Commissioners for taking affidavits

This clause amends section 28 of the principal Act to substitute a reference to the Industrial Relations Court with a reference to the South Australian Employment Tribunal.

Part 16—Amendment of Police Act 1998

117—Amendment of section 3—Interpretation

The following amendments made by Part 16 to the Police Act 1998 substitute the Police Review Tribunal with SAET as the review body under the principal Act (other than in the case of a review of a selection decision).

118—Amendment of section 48—Right of review

119—Repeal of sections 49, 50 and 51

120—Amendment of section 52—Review of certain transfers

121—Amendment of Schedule 1—Police Review Tribunal

122—Transitional provisions

This clause provides for certain transitional arrangements.

Part 17—Amendment of Public Sector Act 2009

123—Amendment of section 3—Interpretation

The following amendments made by Part 17 of this Act to the Public Sector Act 2009 operate to replace the Industrial Relations Commission and the Public Sector Grievance Review Commission as the review bodies under the principal Act with SAET.

124—Amendment of section 25—Public Service employees

125—Amendment of section 49—Remuneration

126—Amendment of section 58—Application of unfair dismissal provisions of Fair Work Act

127—Amendment of section 62—External review

128—Amendment of section 64—Application of Fair Work Act 1994 and South Australian Employment Tribunal Act 2014

129—Substitution of Schedule 2

This clause substitutes Schedule 2 of the principal Act to establish panels of supplementary panel members for the purposes of section 18A of the South Australian Employment Tribunal Act 2014.

Schedule 2—Special provisions relating to Tribunal

130—Transitional provisions

This clause provides for certain transitional arrangements.

Part 18—Amendment of Summary Procedure Act 1921

131—Amendment of section 4—Interpretation

This clause amends section 4 of the principal Act to remove the definitions of industrial magistrate and industrial offence.

132—Repeal of section 8

This clause repeals section 8 of the principal Act which requires a charge of an industrial offence to be set down for hearing by an industrial magistrate.

Part 19—Amendment of Technical and Further Education Act 1975

133—Amendment of section 4—Interpretation

The following amendments made by Part 19 of this Act to the Technical and Further Education Act 1975 operate to replace the Appeal Board as the review body under the principal Act with SAET.

134—Substitution of section 17A

18—Appointment and selection of supplementary panel members for reviews

18A—Review by SAET

135—Amendment of section 26—Disciplinary action

136—Amendment of section 43—Regulations

137—Transitional provisions

This clause provides for certain transitional arrangements.

Part 20—Amendment of Training and Skills Development Act 2008

138—Amendment of section 4—Interpretation

The amendments made by Part 20 of this Act to the Training and Skills Development Act 2008 operate to replace the Industrial Relations Commission as the review body under the principal Act with SAET.

139—Amendment of section 49—Term of training contracts

140—Amendment of section 63—Compliance notices

141—Amendment of section 64—Employer may suspend apprentice/trainee for serious misconduct

142—Amendment of section 65—Other matters to be dealt with by SAET

143—Substitution of section 66

66—Holding of compulsory conciliation conferences

144—Amendment of section 67—Representation in proceedings before SAET

145—Transitional provisions

This clause provides for certain transitional arrangements.

Part 21—Amendment of Work Health and Safety Act 2012

146—Amendment of section 4—Definitions

The following amendments made by Part 21 of this Act to the Work Health and Safety Act 2012 operate to replace the Industrial Relations Court under the principal Act with SAET.

147—Amendment of section 65—Disqualification of health and safety representatives

148—Amendment of section 112—Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct

149—Amendment of section 114—General provisions relating to orders

150—Amendment of section 215—Injunctions for noncompliance with notices

151—Amendment of section 220—Contravention of WHS undertaking

152—Amendment of section 229—Application for external review

153—Amendment of section 230—Prosecutions

This clause amends section 230 of the principal Act so that the existing jurisdiction of the Industrial Relations Court in relation to proceedings for offences under the principal Act is conferred on the South Australian Employment Court.

154—Amendment of section 255—Proceedings for contravention of WHS civil penalty provision

155—Amendment of section 258—Civil proceeding rules and procedure to apply

156—Amendment of section 259—Proceeding for a contravention of a WHS civil penalty provision

157—Amendment of section 262—Recovery of a monetary penalty

158—Amendment of section 263—Civil double jeopardy

159—Amendment of Schedule 3, clause 14

160—Substitution of Schedule 4

This clause establishes panels of supplementary panel members for the purposes of proceedings before SAET.

Schedule 4—Supplementary panel members

1—Supplementary panel members

161—Transitional provisions

This clause provides for certain transitional arrangements.

Debate adjourned on motion of Hon. D.W. Ridgway.