Bills

Statutes Amendment (South Australian Employment Tribunal) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 16 May 2024.)

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:37): In the final elements of the second reading stage, I want to thank all honourable members who have contributed to this important debate, and I look forward to the committee stage.

Bill read a second time.

Committee Stage

Clauses 1 to 9 passed.

Clause 10.

The Hon. K.J. MAHER: I move:

Amendment No 1 [AG–1]—

Page 5, line 26 [clause 10, inserted section 13A]—Delete 'before SAET under this Act' and substitute:

under this Act (other than proceedings under section 10)

This amendment addresses a technical issue which may inadvertently have resulted in the Supreme Court being able to make more limited ranges of orders on appeal than the South Australian Employment Tribunal could make at first instance. This amendment ensures that the same orders can be made both at first instance at the SAET and on appeal to the Supreme Court. The amendment excludes proceedings under section 10, which concerns the jurisdiction to deal with common law contract disputes. That jurisdiction is shared by the SAET with the District Court, Magistrates Court and Supreme Court. This amendment ensures that the same substantive law is applied, regardless of which court is dealing with a dispute. It is a very good amendment.

Amendment carried; clause as amended passed.

Clauses 11 to 49 passed.

New clause 49A.

The Hon. K.J. MAHER: I move:

Amendment No 2 [AG–1]—

Page 13, after line 22—Insert:

49A—Amendment of section 67—Appeals

Section 67(6)—delete '(including orders for costs)' and substitute:

(but may only make an order for costs if this Act, or a relevant Act, specifically provides for the making of such an order)

The South Australian Employment Tribunal is generally a no-cost jurisdiction where parties bear their own legal costs of the proceeding, unless the SAET Act or another relevant act specifically authorises a costs order. This amendment clarifies that SAET's power to award costs on an appeal to the full bench is subject to the same rules as an award of costs at first instance. This is another very good amendment; it might be the best amendment here.

New clause inserted.

Remaining clauses (50 to 56) and title passed.

Bill reported with amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:42): I move:

That this bill be now read a third time.

Bill read a third time and passed.