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House of Assembly - Fifty-Third Parliament, First Session (53-1)
2014-12-04 Daily Xml
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Statutes Amendment (SACAT) Bill

Final Stages

The Legislative Council does not insist on its amendments Nos 8, 10, 11 and 12, to which the House of Assembly has disagreed, and does not insist on its amendments Nos 5, 6, 9, 13, 14, 16 and 17, but has made amendments in lieu thereof and relevant to these amendments to which the House of Assembly has disagreed, as indicated in the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

Legislative Council's alternative amendment to its Amendments Nos. 5 and 6

Clause 98, page 36, lines 16 and 17—

Delete '(and no right of action will arise against a Minister or the State on account of that termination)' and substitute:

(but any such termination will not affect any right of action that a person may have against a Minister or the State on account of that termination)

Legislative Council's alternative amendment to its Amendment No. 9

Clause 119, page 40, after line 4—Insert:

(5a) Section 81—after subsection (2) insert:

(2a) For the purposes of conducting a review under this section, the Tribunal must not be constituted by a medical practitioner sitting alone.

Clause 122, page 41, after line 32—Insert:

(da) the constitution of the Tribunal must be consistent with the following requirements for an internal review in the following cases:

(i) in the case of an internal review that relates to an order of the Tribunal under section 16 or 29—the Tribunal must not be constituted by a medical practitioner sitting alone;

(ii) in the case of an internal review that relates to a review under section 81—the Tribunal must be constituted by 3 members;

Legislative Council's alternative amendment to its Amendments Nos. 13 and 14

Clause 181, page 57, lines 17 and 18—

Delete '(and no right of action will arise against a Minister or the State on account of that termination)' and substitute:

(but any such termination will not affect any right of action that a person may have against a Minister or the State on account of that termination)

Legislative Council's alternative amendment to its Amendments Nos. 16 and 17

Clause 203, page 65, lines 37 and 38—

Delete '(and no right of action will arise against a Minister or the State on account of that termination)' and substitute:

(but any such termination will not affect any right of action that a person may have against a Minister or the State on account of that termination)

Consideration in committee.

The Hon. J.R. RAU: I move:

That the disagreement to the Legislative Council's amendments Nos 5, 6, 9, 13, 14, 16 and 17 be no longer insisted upon and the amendments made in lieu thereof be agreed to.

I will be brief about this matter. I would like to just say that it is the government's intention to accept the amendments that have been brought to this place from the Legislative Council. Although not absolutely perfect from everyone's point of view, they are nevertheless capable of being lived with. I would like to thank those people who have been involved. In particular, I would like to acknowledge the great work done by SACAT president Justice Greg Parker, Judge Susan Cole and registrar Clare Byrt. The support of the administrative law community in South Australia has been very much appreciated for this very important initiative.

I would also like to place on the record my appreciation to my personal staff who have worked very hard on this matter, particularly Will Evans and Kim Eldridge, who have done a great job, and also the people in Legislative Services—there are many of them; I will not name them all—who have done a great job. I think this might be a first, but can I acknowledge the constructive role played by the member for Bragg in having overcome some difficulties, and the Leader of the Opposition for being very cooperative and assisting matters to move in a positive direction. As I said, I do appreciate their assistance.

Ms CHAPMAN: I thank the great crucible of compromise, the Legislative Council, for their contribution, and what appears to be at least some acquiescence of that by the Attorney. There have been some matters of principle to be resolved. I will just conclude by saying that I have already thanked a number of people who have dealt with the establishment of this court. I wish it well, and I hope that the new court will provide an affordable and accessible alternative, and that Judge Parker and others who have been recognised do well in providing that access to justice for South Australians. It is an important initiative. It has taken a bit of a gestation period. As to the question of cessation of terms, a compromise has been reached and I am appreciative of it. We will let others deal with the legacies of those disputes.

Motion carried.

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