Statutes Amendment (SACAT) Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (18:14): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of the clauses inserted in Hansard without my reading it.

Leave granted.

The Statutes Amendment (SACAT) Bill is the next in a series of Bills conferring jurisdiction on the South Australian Civil and Administrative Tribunal.

SACAT was established in March 2015 and initially conferred with jurisdiction to deal with:

housing disputes, including residential tenancy disputes;

guardianship and administration;

consent to medical treatment;

advance care directives; and

mental health.

Following passage of the Statutes Amendment (SACAT No 2) Act 2017 in late 2017, SACAT took on the functions of reviewing a wide range of administrative decisions, including in the areas of local government, land and housing, taxation and superannuation, environment and farming, energy and resources, and food safety and regulation. This was stage three of SACAT expansion.

This Bill comprises the functions identified for transfer to SACAT in stage four of a planned five-stage conferral programme.

In particular, this Bill will amend various Acts to transfer to SACAT:

the functions of the South Australian Health Practitioners Tribunal under the Health Practitioner Regulation National Law (South Australia) Act 2010',

the disciplinary functions of the Architectural Practice Board under the Architectural Practice Act 2009;

the disciplinary functions of the Veterinary Surgeons Board under the Veterinary Practice Act 2003;

as well as a raft of administrative reviews currently exercised by the Administrative and Disciplinary Division of the District Court under the:

Air Transport (Route Licensing—Passenger Services) Act 2002

Architectural Practice Act 2009

Boxing and Martial Arts Act 2000

Building Work Contractors Act 1995

Controlled Substances Act 1984 (and eventually Controlled Substances (Pesticides) Regulations 2017)

Dangerous Substances Act 1979 (and eventually Dangerous Substances (Dangerous Goods Transport) Regulations 2008)

Electoral Act 1985

Gene Technology Act 2001

Hairdressers Act 1988

Health and Community Services Complaints Act 2004

Health Care Act 2008

Health Practitioner Regulation National Law (South Australia) Act 2010

Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013

Motor Vehicles Act 1959

Plumbers, Gas Fitters and Electricians Act 1995

Research Involving Human Embryos Act 2003

Second-Hand Vehicle Dealers Act 1995

South Australian Public Health Act 2011

State Lotteries Act 1966

Tattooing Industry Control Act 2015

Training and Skills Development Act 2008; and

Veterinary Practice Act 2003.

In relation to the transfer of the work of the Health Practitioners Tribunal this has always been intended for transfer to SACAT at the appropriate stage. In those States and Territories that already had generalist civil and administrative tribunals at the time of enactment of the Health Practitioner Regulation National Law, the relevant jurisdiction was conferred on those tribunals, whereas South Australia did not at that time have SACAT and so the specialist Health Practitioners Tribunal needed to be established. The forthcoming retirement of the President of the Health Practitioners Tribunal is a convenient time to now effect this planned transfer to SACAT and dissolution of the Health Practitioners Tribunal.

The Bill will also transfer to SACAT the disciplinary functions currently exercised by the Administrative and Disciplinary Division of the District Court under the:

Building Work Contractors Act 1995

Motor Vehicles Act 1959

Plumbers, Gas Fitters and Electricians Act 1995; and

Second-Hand Vehicle Dealers Act 1995.

From the Supreme Court the Bill will transfer to SACAT the function of hearing reviews against certain hospital licensing decisions of the Minister under the Health Care Act 2008.

From the Magistrates Court the Bill will transfer to SACAT the functions of dealing with reviews and applications for approvals in relation to applications for change of a child's sex or gender identity under the Births, Deaths and Marriages Registration Act 1996 as well as appeals against licensing decisions under the Employment Agents Registration Act 1993.

Also conferred on SACAT by this Bill are certain existing reviews by Ministers under the Architectural Practice Act 2009 and Motor Vehicles Act 1959.

Lastly, the functions of determining equal opportunity complaints and exemption applications under the Equal Opportunity Act 1984—that is the jurisdiction at one time exercised by the former Equal Opportunity Tribunal and currently by the South Australian Employment Tribunal—will be transferred to SACAT by this Bill.

The jurisdiction of the former Equal Opportunity Tribunal had been transferred to the South Australian Employment Tribunal by the former Government in 2017.

While many complaints of discrimination are employment related, many are not, including complaints of discrimination in areas such as goods and services, accommodation, education, clubs and associations, sale of land or granting of qualifications. For this reason, the Bill will transfer the equal opportunity jurisdiction to SACAT, which is a more appropriate fit for these matters and consistent with arrangements interstate.

However, in those circumstances where a discrimination complaint is related to other proceedings on foot in SAET, for example, the discrimination complaint is factually linked to a workers compensation claim, the Bill provides the Commissioner for Equal Opportunity or SACAT with the power to refer the discrimination complaint to SAET so that the two proceedings may be heard together by SAET. This will avoid delay and double handling.

In addition to the amendments to confer additional jurisdiction on SACAT, the Bill addresses a number of anomalies identified in previous conferral Acts and makes other changes requested by SACAT to address uncertainty or increase efficiency in legislation used by SACAT.

The Bill amends section 93A of the South Australian Civil and Administrative Tribunal Act 2013 to extend the offence of disrupting proceedings to disruption of hearings conducted by telephone or video-link. SACAT has advised that merely 'hanging up' in these circumstances does not address the problem.

The Bill amends section 22 of the SACAT Act to provide that assessors are to be appointed by the Attorney-General on the recommendation of the SACAT President, rather than by the Governor on the recommendation of the Attorney-General as currently. It is Ministers who appoint assessors currently for use in District Court proceedings under their Acts. In light of this, and since Acts contemplating the use of assessors generally require panels of multiple assessors to be appointed, the requirement for Governor appointment for each assessor is overly burdensome.

The Bill amends section 90 of the SACAT Act dealing with public access to documents and other material received by SACAT to address uncertainty in the terminology. It replaces the references to 'material admitted into evidence' and material 'taken or received in open court', since it is not always clear when material falls within these terms due to SACAT's procedural informality.

The arbitrary restriction on access to photographs and video recordings under section 90 will also be removed in favour of permission being required by SACAT for access when material is sensitive in nature, regardless of which form the material takes. Photographs are not always sensitive in nature, particularly the many photographs submitted to SACAT in tenancy matters, and SACAT's permission should not always be required to access such photographs.

The Bill also addresses a number of anomalies in legislation conferring jurisdiction on SACAT.

The Bill repeals section 121 of the Residential Parks Act 2007 and Schedule 1 clause 2 of the Retirement Villages Act 2016, allowing for applications to vary or set aside Tribunal orders. This is consequential on the repeal of the equivalent provision previously contained in section 37 of the Residential Tenancies Act 1995. Section 37 of the Residential Tenancies was repealed by the Statutes Amendment (SACAT No 2) Act 2017 on the recommendation of the Honourable David Bleby QC in his statutory review of SACAT, as well as an equivalent provision contained in the Housing Improvement Act 2016. This was because of abuse of the provision in circumstances where other provisions in the SACAT Act are sufficient for re-visiting orders to make non-substantive changes; with the provision inappropriately being used to avoid the need to apply for internal review where there was disagreement with an order.

It was overlooked in repealing those provisions that the Residential Parks Act and Retirement Villages Act also contain the same provision, which will now be repealed for consistency.

Finally, in terms of addressing anomalies, the Bill amends section 10(3a) of the Mines and Works Inspection Act 1920 to fix a minor drafting error arising from the SACAT No 2 Act.

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 Air Transport (Route Licensing—Passenger Services) Act 2002

4—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

5—Substitution of Part 4

Part 4—Reviews

15—Reviews

Under current section 15 certain decisions of the Minister affecting the holder of a route service licence or an existing operator may be appealed against to the Administrative and Disciplinary Division of the District Court. The effect of proposed section 15 is to transfer jurisdiction from the Court to SACAT, making such decisions reviewable by the Tribunal.

6—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the Court will continue before it. However, any right to appeal to the Court that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead.

Part 3—Amendment of Architectural Practice Act 2009

7—Amendment of section 3—Interpretation

This clause deletes the definition of District Court and inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

8—Amendment of section 7—Terms and conditions of membership

This amendment deletes section 7(5) of the Act. As a result of the transfer of jurisdiction to SACAT, subsection (5) will no longer be required as the Architectural Practice Board will no longer have jurisdiction in relation to disciplinary proceedings under Part 4 of the Act.

9—Amendment of section 13—Functions of Board

This amendment deletes section 13(4), which deals with administrative processes of the Architectural Practice Board for handling complaints. This subsection is no longer required as this jurisdiction is to be exercised instead by SACAT.

10—Amendment of section 15—Delegations

This amendment deletes the reference to proceedings of the Architectural Practice Board under Part 4 of the Act and is consequential on the transfer of jurisdiction to SACAT.

11—Amendment of section 16—Board's procedures

These amendments delete the references to proceedings of the Architectural Practice Board under Part 4 of the Act and are consequential on the transfer of jurisdiction of the Board to SACAT.

12—Repeal of sections 18 to 21

This amendment deletes sections 18 to 21 of the Act, which deal with proceedings before the Architectural Practice Board. As a consequence of the transfer of jurisdiction to SACAT under this Part, these sections are no longer required as the provisions of the South Australian Civil and Administrative Tribunal Act 2013 will be relied upon instead.

13—Amendment of section 23—Annual report

This amendment provides that the annual report of the Architectural Practice Board must include information about the outcomes of proceedings before SACAT under Part 4 of the Act.

14—Amendment of section 27—General provisions relating to registers

This amendment inserts a reference to SACAT proceedings to make it clear that a certificate of the Registrar will be accepted as proof of registration (or lack of registration) under the Act in such proceedings (in the absence of proof to the contrary).

15—Amendment of section 28—Registration of natural persons as architects

This amendment inserts the equivalent of section 53(1) of the Act (which is being deleted) into this section. The provision allows for the variation or revocation of a condition imposed on a person's registration under this section by the Architectural Practice Board.

16—Amendment of section 31—Reinstatement on register

This amendment is consequential on the amendment of section 47 and the transfer of jurisdiction in relation to disciplinary proceedings from the Architectural Practice Board to SACAT.

17—Amendment of section 36—Reinstatement on register

This amendment is consequential on the amendment of section 47 and the transfer of jurisdiction in relation to disciplinary proceedings from the Architectural Practice Board to SACAT.

18—Substitution of heading to Part 4 Division 3

This amendment is consequential.

19—Amendment of section 46—Obligation to report unprofessional conduct of architect

This amendment substitutes references to the Board with references to the Registrar.

20—Amendment of section 47—Hearing by Tribunal as to matters constituting grounds for disciplinary action

This clause amends section 47 to give jurisdiction to SACAT for the hearing of matters that are alleged to constitute grounds for disciplinary action against a person. Under current section 47, this jurisdiction is exercised by the Architectural Practice Board. The proposed clause also makes other amendments to this section that are consequential on the transfer of that jurisdiction.

21—Substitution of section 48

This clause deletes current section 48 (which deals with the constitution of the Board for disciplinary proceedings, and thus is no longer required) and substitutes new section 48.

48—Participation of assessors in disciplinary proceedings

Proposed new clause 48 provides for the establishment of a panel of assessors for the purposes of disciplinary proceedings before SACAT and for the President of SACAT to determine whether or not SACAT will sit with assessors.

22—Substitution of section 49

This clause deletes current section 49 which deals with Board proceedings and substitutes new section 49.

49—Related provisions

Proposed clause 49 provides for matters related to SACAT proceedings under Part 4 of the Act. These include provisions regarding the giving of notice of disciplinary proceedings before the Tribunal in relation to a person that is a member of a partnership to other partners of the partnership, and also provides that such partners have the right to appear and be heard in such proceedings.

23—Substitution of heading to Part 5

This amendment is consequential.

24—Amendment of section 50—Review by Tribunal

Current section 50 of the Act sets out the appeal rights to the District Court in relation to various decisions of the Architectural Practice Board regarding a person's registration under the Act. The effect of the amendments to this section are to provide for this jurisdiction to be exercised instead by SACAT.

25—Repeal of section 51

This section is no longer required as the provisions of the South Australian Civil and Administrative Tribunal Act 2013 will be relied upon instead.

26—Amendment of section 52—Variation or revocation of conditions imposed by Tribunal

These amendments are consequential on the transfer of jurisdiction from the District Court to SACAT and provide for a party to apply to the Tribunal for variation or revocation of registration conditions imposed by the Tribunal in review proceedings under the Part.

27—Repeal of section 53

This clause deletes section 53 as the equivalent provisions are now to be included in section 28 of the Act.

28—Amendment of section 66—Review by Tribunal of decisions relating to courses

This clause transfers jurisdiction for review of a decision of the Architectural Practice Board in relation to the approval of a course of education or training, from the Minister to SACAT.

29—Amendment of section 70—Evidentiary provision

This amendment clarifies that the reference to legal proceedings in this section includes a reference to proceedings before SACAT.

30—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the Board and the District Court to SACAT. In the case of proceedings before the Architectural Practice Board, matters that have proceeded to a listing before the Board (that is, a substantive hearing or a directions, interlocutory or other preliminary hearing) will continue to be heard and finalised by the Board. Any decision or orders of the Board arising out of determining these 'part heard' matters will be taken to be a decision or orders of SACAT, including for the purposes of any review or appeal under the SACAT Act. Any matters before the Board before the commencement of this Part that have not proceeded to a listing will be transferred to SACAT to be heard and determined by SACAT. The transitional provisions further provide that the right to appeal to the District Court from proceedings or decisions of the Board (other than disciplinary proceedings) that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead. Existing rights of appeal in relation to disciplinary proceedings heard by the Board will be in accordance with the provisions of the Act as in operation before the commencement of this measure. Furthermore, any proceedings commenced before the District Court before the commencement of this Part will continue before the Court.

Part 4—Amendment of Births, Deaths and Marriages Registration Act 1996

31—Amendment of section 29J—Application to change child's sex or gender identity

This clause amends section 29J to transfer jurisdiction for the approval of the making of an application under the section from the Magistrates Court to SACAT.

32—Amendment of section 29P—Application for identity acknowledgement certificate in respect of child

This clause amends section 29P to transfer jurisdiction for the approval of the making of an application under the section from the Magistrates Court to SACAT.

33—Amendment of section 29S—Registrar may limit number of applications

Section 29S currently provides that a person aggrieved by a decision of the Registrar under the section may appeal to the Magistrates Court against the decision. This clause amends section 29S to provide for an application for review of such a decision to be made to SACAT instead.

34—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the Magistrates Court to SACAT. The effect of the provisions is that any proceedings already commenced before the Magistrates Court will continue before that Court. However, any right to appeal to the Magistrates Court that existed before the commencement of these amendments, but that had not been exercised before that commencement, may now be exercised before SACAT instead.

Part 5—Amendment of Boxing and Martial Arts Act 2000

35—Substitution of heading to Part 6

This amendment is consequential on the transfer of jurisdiction to SACAT.

36—Amendment of section 16—Review by Tribunal

This clause amends section 16 to provide that a person who is dissatisfied by a decision of the Minister on a review under section 15 may apply to SACAT for review of that decision within 1 month of the decision being made. This section previously provided for such an application to be made to the Administrative and Disciplinary Division of the District Court.

37—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the District Court will continue before that Court. However, any right to appeal to the District Court that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead.

Part 6—Amendment of Building Work Contractors Act 1995

38—Amendment of section 3—Interpretation

This clause deletes the definition of District Court and inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

39—Amendment of section 10—Reviews

Section 10 currently provides that an applicant for a licence may appeal to the District Court against a decision of the Commissioner to refuse the application. This clause amends section 10 to provide for application for review of such a decision to be made to SACAT instead.

40—Amendment of section 17—Reviews

Section 17 currently provides that an applicant for registration as a building work supervisor may appeal to the District Court against a decision of the Commissioner to refuse the application. This clause amends this section to provide for application for review of such a decision to be made to SACAT instead.

41—Amendment of section 19A—Commissioner may suspend or impose conditions on licence or registration in urgent circumstances

This clause amends section 19A to provide that an application for review may be made to SACAT for review of the decision of the Commissioner to suspend a licence or registration, or to impose conditions on a licence or registration, in urgent circumstances. This section currently provides for appeals against such decisions to be made to the District Court.

42—Amendment of section 19B—Commissioner may cancel, suspend or impose conditions on licence or registration

This section currently provides for appeals against a decision of the Commissioner to suspend or cancel a licence or registration, or impose conditions on a licence or registration, to be made to the District Court. This clause amends section 19B to provide that an application may be made to SACAT for review of such decisions instead.

43—Amendment of section 22—Complaints

This clause amends section 22 to provide that a complaint setting out matters that are alleged to constitute grounds for disciplinary action under Part 4 may be lodged with SACAT rather than the District Court, as currently provided by the section.

44—Amendment of section 23—Hearing by Tribunal

These amendments are consequential on the transfer of jurisdiction from the District Court to SACAT.

45—Substitution of section 24

This clause substitutes section 24.

24—Participation of assessors in disciplinary proceedings

Proposed new clause 24 provides for the establishment of panels of assessors for the purposes of reviews before SACAT and for the President of SACAT to determine whether or not SACAT will sit with assessors.

46—Amendment of section 25—Disciplinary action

These amendments substitute references to the District Court with references to SACAT and are consequential on the transfer of jurisdiction from the Court to SACAT.

47—Amendment of section 26—Contravention of orders

This amendment substitutes reference to the District Court with reference to SACAT and is consequential on the transfer of jurisdiction from the Court to SACAT.

48—Amendment of section 47—Commissioner and proceedings before Tribunal

This clause makes consequential amendments and also provides for the inclusion of cross-references to Parts 3A and 3B of the Act (under which proceedings before SACAT can be brought).

49—Repeal of Schedule 1

This clause repeals Schedule 1 which deals with the appointment and selection of assessors for the District Court. Those provisions will be superseded by proposed section 24.

50—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the District Court will continue before that Court. However, any right to appeal to, or lodge a complaint with, the District Court that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead. Panel members under Schedule 1 cease to hold office on the commencement of the amendments.

Part 7—Amendment of Controlled Substances Act 1984

51—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal. This is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

52—Amendment of section 11A—Application of Commonwealth therapeutic goods laws

This clause substitutes a reference to the District Court with a reference to SACAT and is consequential on the transfer of jurisdiction from the Court to SACAT.

53—Substitution of section 11L

11L—Tribunal may sit with assessors

Currently section 11L makes provision for the Administrative and Disciplinary Division of the District Court to sit with assessors in proceedings for review by or on an appeal under the applied provisions of the Commonwealth Therapeutic Drugs Act. Proposed section 11L provides for the establishment of a panel of assessors for the purposes of proceedings before SACAT under the applied provisions of the Commonwealth Act and for the President of SACAT to determine whether SACAT will sit with assessors.

54—Amendment of section 55—Licences, authorities and permits

Currently decisions to suspend or revoke licences, authorities and permits may be appealed against to the District Court. The effect of this clause is to transfer jurisdiction from the Court to SACAT so that such decisions are reviewable by the Tribunal.

55—Amendment of section 57—Power of Minister to prohibit certain activities

Currently orders made by the Minister under section 57 may be appealed against to the District Court. The effect of this clause is to transfer jurisdiction from the Court to SACAT so that such decisions are reviewable by the Tribunal.

56—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the Court will continue before it. However, any right to appeal to, or lodge a complaint with, the Court that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead. Panel members (who may sit as assessors) cease to hold office on the commencement of the amendments.

Part 8—Amendment of Dangerous Substances Act 1979

57—Amendment of section 2—Interpretation

This clause inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

58—Amendment of section 29—Provisions relating to seizure

This clause substitutes a reference to the Administrative and Disciplinary Division of the District Court with a reference to SACAT. The effect is for SACAT, instead of the District Court, to have the power to allow a period of longer than six months, on application by the Competent Authority, within which a prosecution for an offence against the Act relating to a seized thing may be commenced.

59—Amendment of section 33—Notices

This clause requires a notice issued under section 33 to state that a person may seek a review of the decision to issue the notice by the Tribunal. This is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

60—Substitution of section 37

37—Reviews

Currently certain decisions may be appealed against to the Administrative and Disciplinary Division of the District Court. The effect of this clause is to transfer jurisdiction from the Court to SACAT so that those decisions are reviewable by the Tribunal.

61—Amendment of section 50—Regulations

This clause substitutes a reference to the Administrative and Disciplinary Division of the District Court with a reference to SACAT and is consequential on the transfer of jurisdiction from the Court to SACAT.

62—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the Court will continue before it. However, any right to appeal to the Court that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead.

Part 9—Amendment of Electoral Act 1985

63—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

64—Amendment of section 31A—Itinerant persons

This amendment is consequential.

65—Amendment of section 32B—Enrolment or transfer of enrolment

This amendment is consequential.

66—Amendment of section 35—Determination of objection

This amendment is consequential.

67—Amendment of section 42—Registration

This amendment is consequential.

68—Substitution of heading to Part 12

This amendment is consequential.

69—Substitution of heading to Part 12 Division 1

This amendment is consequential.

70—Amendment of section 100—Reviewable decisions

This amendment is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

71—Amendment of section 101—Review by Electoral Commissioner or Tribunal

Currently, certain decisions may be appealed against to the Administrative and Disciplinary Division of the District Court. The effect of this clause is to transfer jurisdiction from the Administrative and Disciplinary Division of the Court to SACAT so that those decisions are reviewable by the Tribunal.

72—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the Court will continue before it. However, any right to appeal to the Court that existed before the commencement of these amendments, but that had not been exercised before that commencement, may now be exercised before SACAT instead.

Part 10—Amendment of Employment Agents Registration Act 1993

73—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Magistrates Court to SACAT.

74—Amendment of section 7—Application for a licence

This clause requires a person who is denied a licence by the Director to be notified of the person's right to a review by SACAT of the decision to refuse to grant the licence. This amendment is consequential on the transfer of jurisdiction from the Magistrates Court to SACAT.

75—Amendment of section 9—Application for renewal of a licence

This clause requires a person who is denied the renewal of a licence by the Director to be notified of the person's right to a review by SACAT of the decision to refuse to grant a renewal. This amendment is consequential on the transfer of jurisdiction from the Magistrates Court to SACAT.

76—Substitution of section 15

15—Reviews

Currently certain decisions may be appealed against to the Magistrates Court. The effect of proposed section 15 is to transfer jurisdiction from the Court to SACAT so that those decisions are reviewable by the Tribunal.

77—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the Magistrates Court to SACAT. The effect of the provisions is that any proceedings already commenced before the Court will continue before it. However, any right to appeal to the Court that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead.

Part 11—Amendment of Equal Opportunity Act 1984

78—Amendment of section 5—Interpretation

This clause inserts a definition of SAET and substitutes the definition Tribunal and is consequential on the transfer of jurisdiction to SACAT.

79—Amendment of section 92—Tribunal may grant exemptions

This clause states that a decision of the Tribunal under section 92 of the principal Act may not be subject to internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013.

80—Amendment of section 95B—Referral of complaints to Tribunal

This clause amends section 95B of the principal Act to provide for the circumstances in which the Commissioner may refer a complaint directly to SAET.

81—Amendment of section 96—Power of Tribunal to make certain orders

This clause deletes section 96(4) and (5) of the principal Act.

82—Substitution of Heading to Part 8 Division 2

This clause substitutes the heading to Part 8 Division 2.

Division 2—Reviews and appeals

83—Amendment of section 96B—Review of refusal to extend time

This clause makes amendments to section 96B of the principal Act that are consequential on the transfer of jurisdiction to SACAT.

84—Insertion of section 96C

This clause inserts section 96C into the principal Act, which provides that a decision or order of the Tribunal under the Part may not be the subject of an application for an internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013.

96C—No internal review by Tribunal

85—Insertion of sections 98 to 98C

This clause inserts proposed sections 98 to 98C into the principal Act.

98—Representation

This provision sets out the circumstances in which a person appearing in proceedings may be represented by a registered industrial association.

98A—Appeals

This provision sets out the right of appeal to the Supreme Court for decisions by the Tribunal relating to exemptions and decisions or orders by the Tribunal under the Part.

98B—Transfer of proceedings

This provision sets out the circumstances in which proceedings may be transferred from SACAT to SAET where there are related matters under another Act before SAET.

98C—No application for review

The provision makes it clear that a decision under proposed section 98(1) may not be the subject of an application for internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013.

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

This clause amends section 100 of the principal Act to ensure that the relevant proceedings under the Fair Work Act 1994 remain with SAET.

87—Repeal of Schedule 1

This clause repeals Schedule 1 of the principal Act.

88—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from SAET to SACAT.

Part 12—Amendment of Gene Technology Act 2001

89—Amendment of section 10—Definitions

This clause deletes the definition of District Court and inserts a definition of Tribunal both of which are consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

90—Amendment of section 19—Review of certain decisions

This clause amends the note in section 19 to refer to review of a decision under Part 12 by SACAT. This amendment is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT in Part 12 of the Act.

91—Amendment of section 183—Review of decisions by South Australian Civil and Administrative Tribunal

This clause amends section 183 to transfer jurisdiction for the review of decisions under the section from the Administrative and Disciplinary Division of the District Court to SACAT. An application for review must be made within 28 days after the making of the decision the subject of the review. SACAT may, if the President so determines, sit with 1 or more assessors from a panel of assessors.

92—Transitional provisions

This clause provides that a right of appeal under section 183 of the principal Act in existence before the commencement of this Part (but not exercised before that commencement) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before SACAT rather than the District Court.

Nothing in this clause affects any proceedings before the District Court commenced before the commencement of this Part.

A member of the panel established under section 183 of the principal Act holding office immediately before the commencement of this Part will cease to hold office on that commencement.

Part 13—Amendment of Hairdressers Act 1988

93—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT under this Part.

94—Amendment of section 4B—Right of review

Current section 4B provides that a person who has applied for a determination by the Commissioner in respect of the person's qualifications, training or experience may seek an appeal to the District Court against the decision of the Commissioner refusing the application. The effect of the proposed amendment is that an application for review of such a decision may be made to SACAT instead.

95—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the District Court under section 4B will continue before that Court. However, any right to appeal to the District Court under section 4B that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead.

Part 14—Amendment of Health and Community Services Complaints Act 2004

96—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal for the purposes of transferring jurisdiction for the review of certain decisions under the Act to SACAT.

97—Amendment of section 56—Right of review

This clause amends section 56 to transfer jurisdiction for the review of decisions under the section from the District Court to SACAT.

98—Amendment of section 56E—Review

This clause amends section 56E to transfer jurisdiction for the review of decisions under the section from the District Court to SACAT.

99—Transitional provisions

This clause provides that a right of appeal under section 56 or 56E of the principal Act in existence before the commencement of this Part (but not exercised before that commencement) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before SACAT rather than the District Court.

Nothing in this clause affects any proceedings before the District Court commenced before the commencement of this Part.

Part 15—Amendment of Health Care Act 2008

100—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal for the purposes of transferring jurisdiction for the review of certain decisions under the Act to SACAT.

101—Amendment of section 58—Licence to provide non-emergency ambulance services

This clause amends section 58 to transfer jurisdiction for the review of a decision under the section from the District Court to SACAT.

102—Amendment of section 87—Review of decision or order of Minister

This clause amends section 87 to transfer jurisdiction for the review of a decision under Part 10 of the Act from the Supreme Court to SACAT.

103—Amendment of section 89I—Review of decision or order of Minister

This clause amends section 89I to transfer jurisdiction for the review of a decision under Part 10A of the Act from the Supreme Court to SACAT.

104—Transitional provisions

This clause provides that a right of appeal under section 58, 87 or 89I of the principal Act in existence before the commencement of this Part (but not exercised before that commencement) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before SACAT rather than the Supreme Court or District Court.

Nothing in this clause affects any proceedings before the Supreme Court or District Court commenced before the commencement of this Part.

Part 16—Amendment of Health Practitioner Regulation National Law (South Australia) Act 2010

105—Amendment of section 3—Definitions

This clause inserts a definition Tribunal for the purposes of transferring jurisdiction for the review of certain decisions under the Act to SACAT.

106—Amendment of section 6—Responsible tribunal for Health Practitioner Regulation National Law

This clause provides that SACAT is the responsible Tribunal.

107—Substitution of section 6A

This clause substitutes section 6A

6A—Review of appellable decisions by Tribunal

Proposed section 6A provides that a person who is the subject of an appellable decision under section 199 of the Health Practitioner Regulation National Law (South Australia) may appeal against that decision by applying to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.

6B—No internal review by Tribunal

This provision provides that a decision of the Tribunal under section 196 and 197 of the Health Practitioner Regulation National Law (South Australia) may not be the subject of an application for internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013.

108—Substitution of Part 3

This clause substitutes Part 3.

Part 3—Tribunal proceedings and powers

8—Interpretation

This clause inserts a definition of relevant authority which applies to sections 12 and 14.

9—Participation of assessors on Tribunal

Proposed section 9 provides for a panel of assessors for the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013.

10—Interim power to suspend or impose conditions

Proposed section 10 sets out the power of the Tribunal to suspend or impose conditions on the registration of a person the subject of the proceedings.

11—Tribunal proceedings

Proposed section 11 allows the Tribunal to adopt procedures that allow members of the Tribunal to participate by means of an audio visual link or an audio link. The proposed section also enables the Tribunal to receive in evidence a transcript of evidence taken in other proceedings and adopt any findings, decision, judgment or reasons of any other court, tribunal or body.

12—Failure to comply with a summons

Proposed section 12 sets out the circumstances in which a failure to comply with a summons issued under section 40 of the South Australian Civil and Administrative Tribunal Act 2013 may be pursued in the Supreme Court.

13—Request to submit to medical examination at request of another party

Proposed section 14 sets out the circumstances in which a party must submit to a medical examination at the request of another party.

14—Non-compliance with request to submit to medical examination

Proposed section 14 sets out the roles of the Tribunal and the Supreme Court following a party's failure to comply with a request to submit to a medical examination under section 14.

15—Fine recovery

The provision enables a fine payable to a National Board under Part 8 Division 12 Health Practitioner Regulation National Law (South Australia) to be recovered as a debt.

109—Amendment of section 47—Notices

The amendment to section 47 substitutes references to the District Court with a reference to the Tribunal.

110—Substitution of section 48

This clause substitutes section 48.

48—Reviewable decisions

The proposed section sets out the decisions that are reviewable by the Tribunal.

111—Substitution of sections 62 and 63

This clause inserts sections 62 to 63A (inclusive).

62—Review by Tribunal

Proposed section 62 of the Act sets out the right of review from a decision of the Authority to the Tribunal.

63—Operation of order may be suspended

Proposed section 63 provides that an order by the Authority may be suspended until the determination of the review.

63A—Variation or revocation of conditions imposed by Tribunal

Proposed section 63A allows the Tribunal to vary or revoke a condition imposed on a practitioner's registration.

112—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the South Australian Health Practitioners Tribunal to SACAT.

Part 17—Amendment of Mines and Works Inspection Act 1920

113—Amendment of section 10—Powers of inspector on inspection

This amendment corrects a cross-reference consequential on changes made to section 11 of the Act by the Statutes Amendment (SACAT No 2) Act 2017.

114—Amendment of section 11—Reviews—amenity issues

By way of completeness, this amendment inserts a definition of Tribunal to mean SACAT.

Part 18—Amendment of Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013

115—Amendment of section 3—Interpretation

This clause deletes the definition of District Court and inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT under this Part.

116—Substitution of section 35

This clause substitutes new section 35.

35—Review by Tribunal

Proposed clause 35 provides that a party to a dispute to which a determination of a review officer under Part 5 Division 1 relates may apply to SACAT for review of the determination of the review officer. Currently, a person has a right of appeal to the District Court in relation to the determination.

117—Substitution of section 37

This clause substitutes new section 37.

37—Review by Tribunal

Current section 37 provides for an appeal to the District Court against a determination of an expert review panel under Part 5 Division 2 of the Act that a person is ineligible or otherwise does not qualify to participate in the Scheme. The effect of the proposed amendment is to transfer the jurisdiction of the Court to SACAT.

118—Amendment of Schedule 1—Expert review panels

These amendments are consequential on the transfer of review jurisdiction to SACAT. They provide that information given to an expert review panel can be used in subsequent SACAT proceedings, and also that an opinion, certificate, report or other document furnished by an expert review panel is admissible in evidence in any proceedings before SACAT.

119—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the District Court will continue before that Court. However, any right to appeal to the District Court under sections 35 and 37 of the Act that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead.

Part 19—Amendment of Motor Vehicles Act 1959

120—Amendment of section 5—Interpretation

This clause deletes the definition of District Court and inserts a definition of Tribunal. These amendments are consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

121—Amendment of section 98PC—Cause for disciplinary action

This clause provides for SACAT, instead of the Administrative and Disciplinary Division of the District Court, to form the opinion that a person has been guilty of an act or default of such a nature that disciplinary action should be taken against the person.

122—Amendment of section 98PD—Complaints

This clause provides for a complaint setting out matters that are alleged to constitute grounds for disciplinary action under Part 3C of the Act to be lodged with SACAT. The effect of the amendment is to transfer jurisdiction from the District Court to SACAT.

123—Substitution of sections 98PE and 98PF

98PE—Hearing by Tribunal

Proposed section 98PE provides for hearings of complaints to determine whether the matters alleged in the complaint constitute grounds for disciplinary action under Part 3C to be held by SACAT. The effect of the section is to transfer jurisdiction from the District Court to SACAT.

98PF—Appointment, selection etc of assessors

Proposed section 98PF provides for a panel of assessors consisting of representatives of the motor trade industry and the towtruck industry, and for the President of SACAT to determine whether the Tribunal will sit with one or more assessors.

124—Amendment of section 98PG—Disciplinary action

This clause replaces references to the District Court with references to SACAT. The effect of the amendment is to transfer the powers of the District Court to take disciplinary action to SACAT.

125—Amendment of section 98T—Permit contents, conditions and entitlements

Currently the Minister can review decisions of a council to refuse to make an arrangement under section 98T to enable a disabled person who holds a disabled person's parking permit and drives to and from their place of employment to park their motor vehicle near to the person's place of employment. The effect of the amendment is to provide for such decisions to be reviewable by SACAT rather than the Minister.

126—Substitution of section 98ZA

98ZA—Review by Tribunal

Currently a person who is dissatisfied with a decision of the Registrar on a review by the Registrar under section 98Z may appeal against the decision to the Administrative and Disciplinary Division of the District Court. The effect of proposed section 98ZA is to transfer jurisdiction from the Court to SACAT.

127—Repeal of Schedule 5

The repeal of Schedule 5 is consequential on the transfer of jurisdiction from the District Court to SACAT.

128—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the Court will continue before it. However, any right to appeal to the Court that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead. Ministerial reviews under section 98T of the principal Act already commenced will continue before the Minister but decisions of the Minister on the review will be taken to be decisions of the Tribunal. The clause provides for certain decisions or orders of the Court to be taken to be decisions or orders of SACAT. Panel members (who may sit as assessors) cease to hold office on the commencement of the amendments.

Part 20—Amendment of Pastoral Land Management and Conservation Act 1989

129—Amendment of section 50—Jurisdiction of Tribunal

This clause deletes the reference to the Governor in relation to the appointment of the panel of assessors for the purposes of this Act. This is consequential on the proposed amendments to section 22 of the South Australian Civil and Administrative Tribunal Act 2013 by this measure, whereby assessors are to be appointed by the Minister rather than the Governor.

Part 21—Amendment of Plumbers, Gas Fitters and Electricians Act 1995

130—Amendment of section 3—Interpretation

This clause deletes the definition of Court and inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT under this Part.

131—Amendment of section 10—Reviews

Current section 10 provides for an appeal to the District Court against a decision of the Commissioner refusing an application for a licence as a contractor under the Act. The proposed amendment transfers this jurisdiction to SACAT.

132—Amendment of section 17—Reviews

Current section 17 provides for an appeal to the District Court against a decision of the Commissioner refusing an application for registration as a plumber, gas fitting worker or electrical worker under the Act. The proposed amendment transfers this jurisdiction to SACAT.

133—Amendment of section 18A—Commissioner may suspend or impose conditions on licence or registration in urgent circumstances

This clause amends section 18A to provide that an application for review may be made to SACAT for review of the decision of the Commissioner to suspend a licence or registration, or impose conditions on a licence or registration, in urgent circumstances. This section currently provides for appeals against such decisions to be made to the District Court.

134—Amendment of section 18B—Commissioner may cancel, suspend or impose conditions on licence or registration

This clause amends section 18B to provide that an application for review may be made to SACAT for review of the decision of the Commissioner to cancel or suspend a licence or registration, or impose conditions on a licence or registration, under this section. This section currently provides for appeals against such decisions to be made to the District Court.

135—Amendment of section 21—Complaints

This clause amends section 21 to provide that a complaint setting out matters that are alleged to constitute grounds for disciplinary action under Part 4 may be lodged with SACAT rather than the District Court, as currently provided by the section.

136—Amendment of section 22—Hearing by Tribunal

These amendments are consequential on the transfer of jurisdiction from the District Court to SACAT under section 21.

137—Substitution of section 23

This clause substitutes section 23.

23—Participation of assessors in disciplinary proceedings

Proposed new clause 23 provides for the establishment of a panel of assessors for the purposes of reviews before SACAT and for the President of SACAT to determine whether or not SACAT will sit with assessors.

138—Amendment of section 24—Disciplinary action

These amendments substitute references to the Court with references to SACAT and are consequential on the transfer of jurisdiction from the District Court to SACAT.

139—Amendment of section 25—Contravention of orders

This amendment substitutes reference to the Court with reference to SACAT and is consequential on the transfer of jurisdiction from the District Court to SACAT.

140—Amendment of section 31—Commissioner and proceedings before Tribunal

This amendment substitutes reference to the Court with reference to SACAT and is consequential on the transfer of jurisdiction from the District Court to SACAT.

141—Repeal of Schedule 1

This clause repeals Schedule 1 which deals with the appointment and selection of assessors for the District Court. Those provisions will be superseded by proposed new section 23.

142—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the District Court will continue before that Court. However, any right to appeal to, or lodge a complaint with, the District Court that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead. Panel members under Schedule 1 cease to hold office on the commencement of the amendments.

Part 22—Amendment of Research Involving Human Embryos Act 2003

143—Amendment of section 3—Interpretation

This clause deletes the definition of District Court which is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

144—Amendment of section 21—Interpretation

This clause inserts a definition of SACAT for the purposes of the transfer of jurisdiction for certain reviews from the Administrative and Disciplinary Division of the District Court to SACAT.

145—Amendment of section 22—Review of decisions

This clause amends section 22 to transfer jurisdiction for the review of certain decisions from the District Court to SACAT. An application for review must be made within 28 days after the making of the decision the subject of the review. SACAT may, if the President so determines, sit with 1 or more assessors from a panel of assessors.

146—Transitional provisions

This clause provides that a right of appeal under section 22(1)(b) of the principal Act in existence before the commencement of this Part (but not exercised before that commencement) will be exercised as if the Part had been in operation before that right arose, so that the relevant proceedings may be commenced before SACAT rather than the District Court.

Nothing in this clause affects any proceedings before the District Court commenced before the commencement of this Part.

Part 23—Amendment of Residential Parks Act 2007

147—Repeal of section 121

This clause deletes section 121, which provided that a party to proceedings before SACAT under this Act may apply for an order to vary or set aside an order made in the proceedings.

Part 24—Amendment of Retirement Villages Act 2016

148—Amendment of Schedule 1—Proceedings before the Tribunal

This clause deletes clause 2 of Schedule 1, which provided that a party to proceedings before SACAT under this Act may apply for an order to vary or set aside an order made in the proceedings.

Part 25—Amendment of Second-hand Vehicle Dealers Act 1995

149—Amendment of section 3—Interpretation

This clause deletes the definition of District Court and inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

150—Amendment of section 10—Reviews

Current section 10 provides for an appeal to the District Court against a decision of the Commissioner refusing an application for a licence under the Act. The proposed amendment transfers this jurisdiction to SACAT.

151—Amendment of section 14A—Commissioner may suspend or impose conditions on licence in urgent circumstances

This clause amends section 14A to provide that an application for review may be made to SACAT for review of the decision of the Commissioner to suspend a licence, or impose conditions on a licence, in urgent circumstances. This section currently provides for appeals against such decisions to be made to the District Court.

152—Amendment of section 14B—Commissioner may cancel, suspend or impose conditions on licence

This clause amends section 14B to provide that an application for review may be made to SACAT for review of the decision of the Commissioner to cancel or suspend a licence, or impose conditions on a licence, under this section. This section currently provides for appeals against such decisions to be made to the District Court.

153—Amendment of section 28—Complaints

This clause amends section 28 to provide that a complaint setting out matters that are alleged to constitute grounds for disciplinary action under Part 5 may be lodged with SACAT rather than the District Court, as currently provided by the section.

154—Amendment of section 29—Hearing by Tribunal

These amendments are consequential on the transfer of jurisdiction from the District Court to SACAT under section 28 of the Act.

155—Substitution of section 30

This clause substitutes new section 30.

30—Participation of assessors in disciplinary proceedings

Proposed clause 30 provides for the establishment of a panel of assessors for the purposes of reviews before SACAT and for the President of SACAT to determine whether or not SACAT will sit with assessors.

156—Amendment of section 31—Disciplinary action

These amendments substitute references to the District Court with references to SACAT and are consequential on the transfer of jurisdiction from the Court to SACAT.

157—Amendment of section 32—Contravention of orders

These amendments substitute references to the District Court with references to SACAT and are consequential on the transfer of jurisdiction from the Court to SACAT.

158—Amendment of section 40—Commissioner and proceedings before Tribunal

These amendments are consequential on the transfer of jurisdiction from the District Court to SACAT and substitute reference to the District Court with reference to SACAT.

159—Repeal of Schedule 2

This clause repeals Schedule 2 which deals with the appointment and selection of assessors for the District Court. Those provisions will be superseded by proposed section 30.

160—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the District Court will continue before that Court. However, any right to appeal to, or lodge a complaint with, the District Court that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead. Panel members under Schedule 2 cease to hold office on the commencement of the amendments.

Part 26—Amendment of South Australian Civil and Administrative Tribunal Act 2013

161—Amendment of section 22—Assessors

This clause amends section 22 to provide that the Minster will appoint assessors on the recommendation of the President of SACAT. Current section 22 provides that the Governor appoints assessors on the recommendation of the Minister.

162—Amendment of section 40—Power to require person to give evidence or to produce evidentiary material

This clause amends section 40 to clarify that subsections (3) and (4) apply in relation to persons appearing before the Tribunal or evidentiary material produced to the Tribunal, whether that appearance or production is in response to a summons or otherwise. It also deletes subsection (4)(f), which is now covered by the proposed amendments to section 93A.

163—Amendment of section 90—Accessibility of evidence

This clause amends section 90(1)(c) of the Act to replace the reference to material admitted into evidence with a reference to material produced or provided to SACAT, as it may not always be clear whether the material has been formally admitted. Section 90(2) lists material in relation to which permission of the Tribunal is required before a member of the public may inspect or obtain a copy of the material. The clause makes a similar amendment to that in subsection (1)(c) in relation to the reference in paragraph (a) to material produced or provided to SACAT in a hearing (or part of a hearing) held in private, and also deletes paragraph (c) which refers to photographs, slides, films, video tapes, audio tapes or other forms of recording.

164—Amendment of section 93A—Disrupting proceedings of Tribunal

This clause amends section 93A to extend the current provisions in relation to offensive language and disorderly or offensive behaviour to circumstances where the proceedings are being conducted remotely (for example, by telephone or video-link).

Part 27—Amendment of South Australian Public Health Act 2011

165—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal for the purposes of the transfer of jurisdiction for certain reviews from the District Court to SACAT.

166—Amendment of section 76—Review by Tribunal

This clause amends section 76 to transfer jurisdiction for the review of an order, requirement or direction of the Chief Public Health Officer under Part 10 Division 2 of the principal Act from the District Court to SACAT.

167—Amendment of section 92—Notices

This clause amends section 92 to require, where an emergency notice is issued orally, advice to be given of the right to apply to SACAT for review of the order (rather than to the District Court as is currently the case).

168—Amendment of section 95—Reviews—notices relating to general duty

This clause amends section 95(15)(b)(i) to change reference to the District Court to SACAT and is consequential on the transfer of jurisdiction from the District Court to SACAT.

169—Amendment of section 96—Review by Tribunal

This clause amends section 96 to transfer jurisdiction for the review of the issuing of a notice under Part 12 of the Act from the District Court to SACAT.

170—Amendment of section 108—Evidentiary provision

This clause amends section 108 consequentially on the transfer of jurisdiction from the District Court to SACAT.

171—Transitional provisions

This clause provides that a right of appeal under section 76 or 96 of the principal Act in existence before the commencement of this Part (but not exercised before that commencement) will be exercised as if the Part had been in operation before that right arose, so that the relevant proceedings may be commenced before SACAT rather than the District Court.

Nothing in this clause affects any proceedings before the District Court commenced before the commencement of this Part.

Part 28—Amendment of State Lotteries Act 1966

172—Amendment of section 4—Constitution of Commission

This amendment inserts a reference to 'tribunals' consequential on the transfer of the review jurisdiction under the Act to SACAT.

173—Substitution of section 18AA

This clause inserts a new section:

18AA—Reviews

Under current section 18AA, a person who is dissatisfied with a decision of the Commission that a ticket in a lottery held by the participant is not a winning ticket has a right of appeal to the Administrative and Disciplinary Division of the District Court. This new section now gives that jurisdiction to SACAT.

174—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the Administrative and Disciplinary Division of the District Court will continue before that Court. However, any right to appeal to that Division of the District Court under section 18AA of the Act that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead.

Part 29—Amendment of Tattooing Industry Control Act 2015

175—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

176—Amendment of section 5—Criminal intelligence

This clause amends section 5 to extend its operation to allow disclosure of criminal intelligence information to SACAT and is consequential on the transfer of jurisdiction to the Tribunal.

177—Amendment of section 8—Commissioner for Consumer Affairs may disqualify person from providing tattooing services

This amendment is consequential on the transfer of jurisdiction from the District Court to SACAT and provides that a disqualification notice given by the Commissioner disqualifying the person from providing tattooing services, must contain information about the person's right to apply to SACAT for a review of the decision to give the notice under section 17 of the Act.

178—Amendment of section 12—Authorised officers may direct persons

This amendment is consequential on the transfer of jurisdiction from the District Court to SACAT and provides that a direction of an authorised officer given under this section to a person providing tattooing services, must contain information about the person's right to apply to SACAT for a review of the decision to give direction under section 17 of the Act.

179—Substitution of heading to Part 5

This amendment is consequential.

180—Amendment of section 17—Review

Under current section 17, a person who is dissatisfied with a decision of the Commissioner, or a direction of an authorised officer under section 12 of the Act, has a right of appeal to the Administrative and Disciplinary Division of the District Court. This clause amends section 17 to transfer that jurisdiction to SACAT.

181—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. The effect of the provisions is that any proceedings already commenced before the District Court will continue before that Court. However, any right to appeal to the District Court under section 17 of the Act that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead.

Part 30—Amendment of Training and Skills Development Act 2008

182—Amendment of section 4—Interpretation

This clause deletes the definition of District Court and inserts a definition of Tribunal both of which are consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

183—Substitution of heading to Part 3 Division 5

This clause amends the heading to Part 3 Division 5 to change reference to the District Court to SACAT and is consequential on the transfer of jurisdiction from the District Court to SACAT.

184—Amendment of section 42—Review by Tribunal

This clause amends section 42 to change reference to the District Court to SACAT and is consequential on the transfer of jurisdiction from the District Court to SACAT.

185—Amendment of section 61—Review by Tribunal

This clause amends section 61 to change reference to the District Court to SACAT and is consequential on the transfer of jurisdiction from the District Court to SACAT.

186—Transitional provisions

This clause provides that a right of appeal under section 42 or 61 of the principal Act in existence before the commencement of this Part (but not exercised before that commencement) will be exercised as if the Part had been in operation before that right arose, so that the relevant proceedings may be commenced before SACAT rather than the District Court.

Nothing in this clause affects any proceedings before the District Court commenced before the commencement of this Part.

Part 31—Amendment of Veterinary Practice Act 2003

187—Amendment of section 3—Interpretation

This clause deletes the definition of District Court and inserts a definition of Tribunal and is consequential on the transfer of jurisdiction from the Administrative and Disciplinary Division of the District Court to SACAT.

188—Amendment of section 7—Terms and conditions of membership

The amendment to section 7(4) is consequential on the transfer of jurisdiction from the District Court to SACAT. Following the transfer of jurisdiction, the only Board proceedings under Part 5 of the Act will be in relation to those in Division 3 (which relate to the medical fitness of veterinary surgeons). This amendment therefore restricts this subsection to those proceedings.

189—Amendment of section 16—Delegations

This amendment limits the reference to proceedings of the Board under Part 5 of the Act to those under Part 5 Division 3 (which relate to the medical fitness of veterinary surgeons). This is consequential on the transfer of jurisdiction in relation to disciplinary proceedings under that Part to SACAT.

190—Amendment of section 17—Procedures

These amendments to section 17 limit the references to proceedings of the Board under Part 5 of the Act to those under Part 5 Division 3 (which relate to the medical fitness of veterinary surgeons). This is consequential on the transfer of jurisdiction in relation to disciplinary proceedings under that Part to SACAT.

191—Amendment of section 19—Powers in relation to witnesses etc

This amendment is consequential on the transfer of jurisdiction in relation to disciplinary proceedings under Part 5 to SACAT. The powers under section 19 in relation to Board proceedings are limited to proceedings of the Board under Part 5 Division 3 (which relate to the medical fitness of veterinary surgeons).

192—Amendment of section 30—Provisions of general application to registers

This amendment clarifies that the reference to legal proceedings in section 30(5) of the Act includes proceedings before SACAT.

193—Amendment of section 34—Removal from register or specialty

This amendment substitutes a reference to Board proceedings to those of the Tribunal and is consequential on the transfer of jurisdiction in relation to disciplinary proceedings to SACAT.

194—Amendment of section 35—Reinstatement on register or in specialty

This amendment substitutes a reference in subclause (1)(d) to the Board to a reference to the Tribunal and is consequential on the transfer of jurisdiction in relation to disciplinary proceedings to SACAT.

195—Amendment of section 38—Contravention of conditions of registration

This amendment operates to limit this offence to the contravention of registration conditions that are imposed by the Board. Any conditions of registration imposed by SACAT as a result of Tribunal proceedings will be enforceable under the South Australian Civil and Administrative Tribunal Act 2013.

196—Amendment of section 62—Hearing by Tribunal as to matters constituting grounds for disciplinary action

This clause amends section 62 to give jurisdiction to SACAT for hearing matters that are alleged to constitute grounds for disciplinary action against a person. Under current section 62, this jurisdiction is exercised by the Board. It also makes other amendments to this section that are consequential on the transfer of that jurisdiction.

197—Substitution of section 63

This clause deletes section 63, which sets out offences in relation to the contravention of orders of the Board in disciplinary proceedings. As a consequence of the transfer of this jurisdiction to SACAT, these provisions will no longer be required as orders of the Tribunal will be enforceable under the South Australian Civil and Administrative Tribunal Act 2013. This clause then inserts a new section 63.

63—Constitution of Tribunal

The proposed new clause deals with the constitution of SACAT in proceedings under the Act. The proposed new section provides for the appointment of assessors for the purposes of the SACAT Act. It further provides that the Tribunal is to be constituted by 3 members, (unless the President determines it is to be constituted by fewer than 3), 1 of whom must be an assessor selected from the panel consisting of veterinary surgeons with experience or knowledge relating to primary production, horses or other animals, and 1 of whom must be an assessor selected from the panel consisting of persons, not being veterinary surgeons, with experience or knowledge relating to animal health, safety and welfare. The provision also provides that where there is a 3 member Tribunal, the Tribunal may however sit alone for certain specified types of hearings in relation to the proceedings.

198—Repeal of Part 5 Division 5

This clause deletes Part 5 Division 5, which deals with the constitution of the Board and the procedures for Board disciplinary proceedings, and thus is no longer required as a consequence of the transfer of the jurisdiction to SACAT.

199—Substitution of heading to Part 6

This amendment is consequential.

200—Amendment of section 66—Review by Tribunal

Current section 66 sets out the rights of appeal to the District Court in relation to various decisions of the Board regarding a person's registration under the Act. The effect of the amendments to this section provide for the jurisdiction of the Court to be exercised by SACAT instead.

201—Amendment of section 67—Variation or revocation of conditions imposed by Tribunal

This clause amends section 67(1) to substitute references to the District Court with references to the Tribunal and is consequential on the transfer of jurisdiction to SACAT.

202—Amendment of section 76—Evidentiary provision

This amendment clarifies that the reference to legal proceedings in this section includes a reference to proceedings before SACAT.

203—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the Board and the District Court to SACAT. The effect of the provisions is that any right to lay a complaint with the Board that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead. Any disciplinary proceedings already commenced before the Board that have proceeded to a listing (that is, a substantive hearing or a directions, interlocutory or other preliminary hearing) will, subject to the Board and the President of the Tribunal agreeing otherwise, be continued and finalised by the Board. Any orders or decision of the Board in these 'part heard' matters will be taken to be a decision or orders of SACAT (including for the purposes of any review or appeal under the SACAT Act). However, if proceedings commenced before the Board before the commencement of this Part have not proceeded to a listing, the proceedings are to be transferred to SACAT to be heard and finalised by SACAT. The transitional provisions further provide that the right to appeal to the District Court from proceedings or decisions of the Board (other than disciplinary proceedings) that existed before the commencement of these amendments, but not exercised before that commencement, may now be exercised before SACAT instead. Existing rights of appeal in relation to disciplinary proceedings heard by the Board will be in accordance with the provisions of the Act as in operation before the commencement of this measure. Furthermore, any proceedings already commenced before the District Court will continue before that Court.

Debate adjourned on motion of Hon. I.K. Hunter.