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House of Assembly - Fifty-Third Parliament, First Session (53-1)
2014-10-29 Daily Xml
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Bills

Statutes Amendment (SACAT) Bill

Final Stages

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

No. 1. Long title—After 'the Intervention Orders (Prevention of Abuse) Act 2009;' insert:

the Local Government Act 1999;

No. 2. Long title—Delete 'and the South Australian Housing Trust Act 1995' and substitute:

; the South Australian Housing Trust Act 1995 and the Valuation of Land Act 1971

No. 3. Clause 2, page 8, line 5—Delete 'This' and substitute: 'Subject to subsection (2), this'

No. 4. Clause 2, page 8, after line 5—Insert:

(2) Parts 9A and 17 will come into operation on 29 March 2015.

No. 5. Clause 98, page 36, line 16—After '(and' insert: ', subject to subsection (11),'

No. 6. Clause 98, page 36, after line 17—Insert:

(11) The termination of a contract of employment under subsection (10) does not affect any right of action that a person employed under the contract may have against a Minister or the State on account of that termination, being a right that relates to the payment of compensation on account of the early termination of the contract.

(12) Subsection (11) does not apply in relation to a person who, on the commencement of this subsection, has been appointed as a member of the Tribunal.

No. 7. Page 36, after line 22—Insert:

Part 9A—Amendment of Local Government Act 1999

99A—Amendment of section 4—Interpretation

Section 4(1)—After the definition of rubbish insert:

SACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

99B—Amendment of section 169—Objections to valuations made by council

(1) Section 169(1)(b)—Delete paragraph (b) and substitute:

(b) apply to SACAT for a review of the valuation.

(2) Section 169(15)—delete subsection (15) and substitute:

(15) If an objector, or the council, is dissatisfied with the valuation after the further review, the objector or the council may apply to SACAT for a review of the valuation.

(15a) In connection with the operation of subsections (1)(b) and (15)—

(a) an application for a review by SACAT must be made—

(i) in the case of an application under subsection (1)(b)—within 60 days after the date of service of the notice of the valuation to which the application relates (unless SACAT, in its discretion, allows an extension of time for making the application); or

(ii) in the case of an application under subsection (15)—within 21 days after the applicant receives notice of the valuation on the review (unless SACAT, in its discretion, allows an extension of time for making the application); and

(b) a review by SACAT under this section will be taken to come within SACAT's review jurisdiction but, in the exercise of this jurisdiction, SACAT will consider the matter de novo (adopting such processes and procedures, and considering and receiving such evidence or material, as it thinks fit for the purposes of the proceedings); and

(c) without limitation, a variation made by SACAT on the review of a valuation may consist of an increase or decrease in the valuation.

99C—Amendment of section 186—Recovery of rates not affected by an objection, review or appeal

Section 186(1)(a)—Delete ', review or appeal' and substitute: 'or review'

99D—Amendment of section 296—Reclamation of land

(1) Section 296(4)—Delete 'or appeal against' and substitute: 'or seek a review of'

(2) Section 296(5)—Delete 'appeal' first occurring and substitute: 'review'

(3) Section 296(5)—delete 'appeal against' and substitute: 'review of'

99E—Transitional provisions

(1) In this section—

principal Act means the Local Government Act 1999;

relevant day means the day on which this Part comes into operation;

Tribunal means the South Australian Civil and Administrative Tribunal.

(2) A right of appeal to the Land and Valuation Court under section 169 or 296 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Land and Valuation Court.

(3) Nothing in this section affects any proceedings before the Land and Valuation Court commenced before the relevant day.

No. 8. Clause 122, page 42, lines 20 to 39—Delete section 84

No. 9. Clause 122, page 43, after line 18—Insert:

85AA—Constitution of Tribunal

The Tribunal must be constituted by 3 members for the purposes of proceedings under the following sections:

(a) section 16;

(b) section 29;

(c) section 79;

(d) section 81.

No. 10. Clause 122, page 43, after line 33—Insert:

or

(c) in the case of designated proceedings—counsel under subsection (1a).

No. 11. Clause 122, page 43, after line 33—Insert:

(1a) If a person chooses to be represented by counsel in designated proceedings under this subsection, he or she is entitled to be represented by a legal practitioner provided pursuant to a scheme established by the Minister for the purposes of this subsection, being a legal practitioner—

(a) chosen by the person himself or herself; or

(b) in default of the person making a choice, chosen by such person or authority as the scheme contemplates.

(1b) A legal practitioner (not being an employee of the Crown or a statutory authority) who represents a person under subsection (1a) is entitled to receive fees for his or her services from the Minister, in accordance with a prescribed scale, and cannot demand or receive from any other person any further fee for those services.

No. 12. Clause 122, page 43, after line 36—Insert:

designated proceedings means proceedings before the Tribunal under the following provisions:

(a) section 16;

(b) section 29;

(c) Part 11;

No. 13. Clause 181, page 57, line 17—After '(and' insert: ', subject to subsection (8a),'

No. 14. Clause 181, page 57, after line 18—Insert:

(8a) The termination of a contract of employment under subsection (8) does not affect any right of action that a person employed under the contract may have against a Minister or the State on account of that termination, being a right that relates to the payment of compensation on account of the early termination of the contract.

(8b) Subsection (8a) does not apply in relation to a person who, on the commencement of this subsection, has been appointed as a member of the South Australian Civil and Administrative Tribunal.

No. 15. Page 60, after line 10—Insert:

187A—Amendment of section 8—Main objectives of Tribunal

Section 8—after its present contents (now to be designated as subsection (1)) insert:

(2) In connection with the conferral and exercise of its jurisdiction the Tribunal should, in relation to these objectives, consult from time to time with such agencies, organisations or bodies as it thinks appropriate.

No. 16. Clause 203, page 65, line 37—After '(and' insert: ', subject to subsection (8),'

No. 17. Clause 203, page 65, after line 38—Insert:

(8) The termination of a contract of employment under subsection (7) does not affect any right of action that a person employed under the contract may have against a Minister or the State on account of that termination, being a right that relates to the payment of compensation on account of the early termination of the contract.

(9) Subsection (8) does not apply in relation to a person who, on the commencement of this subsection, has been appointed as a member of the Tribunal.

No. 18. Page 65, after line 38—Insert:

Part 17—Amendment of Valuation of Land Act 1971

204—Amendment of section 17—Valuation on request

Section 17(3)—Delete 'and appeal against' and substitute: 'against and review of'

205—Substitution of heading to Part 4

Heading to Part 4—Delete the heading and substitute: 'Part 4—Objections and reviews'

206—Amendment of section 25B—Review by valuer

Section 25B(1)—After 'review of the valuation' insert: 'in accordance with this section'

207—Substitution of heading to Part 4 Division 3

Heading to Part 4 Division 3—Delete the heading and substitute:

Division 3—Review by SACAT

208—Amendment of section 25C—Review by SACAT

(1) Section 25C(1)—Delete ', in accordance with the appropriate rules of the Supreme Court, appeal to the Land and Valuation Court against' and substitute:

apply to SACAT for a review of

(2) Section 25C(2)—Delete 'appeal' and substitute: 'review'

(3) Section 25C(3)—Delete subsection (3) and substitute:

(3) For the purposes of the South Australian Civil and Administrative Tribunal Act 2013—

(a) an application for a review by SACAT must be made within 21 days after the applicant receives notice of the relevant decision (unless SACAT, in its discretion, allows an extension of time for making the application); and

(b) a review under this section will be taken to come within SACAT's review jurisdiction but, in the exercise of this jurisdiction, SACAT will consider the matter de novo (adopting such processes and procedures, and considering and receiving such evidence or material, as it thinks fit for the purposes of the proceedings); and

(c) without limitation, a variation made by SACAT on the review of a valuation may consist of an increase or decrease in the valuation.

(4) In this section—

SACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

209—Amendment of section 25D—Saving provision

Section 25D—Delete ', review or appeal' and substitute: 'or review'

210—Transitional provisions

(1) In this section—

principal Act means the Valuation of Land Act 1971;

relevant day means the day on which this Part comes into operation;

Tribunal means the South Australian Civil and Administrative Tribunal.

(2) A right of appeal to the Land and Valuation Court under section 25C of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Land and Valuation Court.

(3) Nothing in this section affects any proceedings before the Land and Valuation Court commenced before the relevant day.

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