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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
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Bills

Statutes Amendment (SACAT No 2) Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (12:07): Obtained leave and introduced a bill for an act to vest jurisdiction in the South Australian Civil and Administrative Tribunal; to make efficiency measures relating to the jurisdiction and procedures of the South Australian Civil and Administrative Tribunal; and for other purposes. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (12:07): I move:

That this bill be now read a second time.

This bill will make a number of miscellaneous amendments to legislation used by the South Australian Civil and Administrative Tribunal to improve the efficiency with which SACAT is able to deal with certain matters and address the anomalous application of some provisions. In addition, the bill also makes amendments required to confer stage 3 jurisdictions on SACAT, which include various administrative and review functions currently exercised by the Administrative and Disciplinary Division of the District Court, the Magistrates Court and the Supreme Court, selected according to subject matter. I seek leave to have the remainder of the explanation inserted in Hansard without my reading it.

Leave granted.

In November 2013, Parliament passed the South Australian Civil and Administrative Tribunal Act 2013 (SACAT Act), to establish the South Australian Civil and Administrative Tribunal (SACAT). The objectives of SACAT include providing a single, low-cost, easy-to-use, easy-to-find forum for administrative reviews and decisions and to promote consistency and quality of administrative decision-making in this State.

The SACAT Act sets out the structure, membership, constitution and other provisions that are required to facilitate the establishment of the Tribunal, but does not confer any jurisdiction. The task of conferring jurisdiction upon the Tribunal is a significant undertaking, occurring over a series of stages.

The Statutes Amendment (SACAT) Act 2014, whichreceived assent on 11 December 2014, conferred stage one jurisdictions on SACAT and on 30 March 2015 SACAT commenced operation with these foundation jurisdictions of the former Residential Tenancies Tribunal, the former Guardianship Board and the former Housing Appeal Panel, in addition to land valuation objections under the Valuation of Land Act 1971 and Local Government Act 1999.

Upon commencement of the relevant provisions in December 2016, the Statutes Amendment (SACAT) Act 2014 also conferred further 'stage two' jurisdictions on SACAT, of reviews under the Freedom of Information Act 1991 and First Home and Housing Construction Grants Act 2000.

This Bill comprises stage three of the conferral of jurisdiction upon SACAT, conferring various administrative and review functions currently exercised by the Administrative and Disciplinary Division of the District Court, the Magistrates Court and Supreme Court, selected according to subject matter. Stage three comprises generally reviews and decisions within the subject matters of local government, land and housing, taxation and superannuation, environment and farming, energy and resources, food safety and regulation and other 'community stream' legislation including adoption and births, deaths and marriages.

To confer stage three jurisdiction, the following Acts are amended by the Bill:

Adoption Act 1988

Agricultural and Veterinary Products Act (Control of Use) Act 2002

Animal Welfare Act 1985

Aquaculture Act 2001

Associations Incorporation Act 1985

Births, Deaths and Marriages Registration Act 1996

Conveyancers Act 1994

Co-operatives National Law (South Australia) Act 2013

Crown Land Management Act 2009

Electricity Act 1996

Emergency Services Funding Act 1998

Environment Protection Act 1993

Environment Protection (Sea Dumping) Act 1984

Essential Services Commission Act 2002

Fisheries Management Act 2007

Food Act 2001

Gas Act 1997

Harbors and Navigation Act 1993

Historic Shipwrecks Act 1981

Land Acquisition Act 1969

Land Agents Act 1994

Land Valuers Act 1994

Livestock Act 1997

Local Government Act 1999

Mines and Works Inspection Act 1920

National Parks and Wildlife Act 1972

Partnership Act 1891

Pastoral Land Management and Conservation Act 1989

Petroleum and Geothermal Energy Act 2000

Petroleum Products Regulation Act 1995

Plant Health Act 2009

Police Superannuation Act 1990

Primary Industry Funding Schemes Act 1998

Primary Produce (Food Safety Schemes) Act 2004

Public Corporations Act 1993

Safe Drinking Water Act 2011

Southern State Superannuation Act 2009

Superannuation Act 1988

Supported Residential Facilities Act 1992

Survey Act 1992

Tobacco Products Regulation Act 1997

Water Industry Act 2012.

The Bill will also make a number of miscellaneous amendments to legislation used by SACAT to improve the efficacy and efficiency of certain matters dealt with by SACAT, address the anomalous application of some provisions and fix a couple of previous drafting errors. These changes are:

repeal s.37 of the Residential Tenancies Act 1995 (RTA) (application to vary or set aside order) as this section is being abused and leading to hundreds of applications in circumstances where there are alternative existing provisions in the SACAT Act that provide for orders to be revisited where this is appropriate, or reviewed. This will be supplemented by an amendment to s.85 of the SACAT Act to ensure that orders made at conciliation conferences by a dispute resolution officer when one party fails to attend are able to be varied under that section, which would otherwise have been precluded by the repeal of s.37. This was the only circumstance in which an alternative, more appropriate provision to revisit an order was not already available in the SACAT Act;

make an equivalent amendment to s.41 of the Housing Improvement Act 2016, which is worded in the same terms as s.37 of the RTA for consistency and efficiency;

amend s.47 of the South Australian Civil and Administrative Tribunal Act 2013 (SACAT Act) to allow a Registrar (including a Deputy Registrar) authorised in writing by the President to dismiss or strike out proceedings for want of prosecution without this needing to be heard by a Tribunal member;

amend Guardianship and Administration Act1993 ss.33, 37 to require non-parties to obtain leave and demonstrate a change in circumstances to make an application to SACAT to vary or revoke a guardianship order or administration order. This is to enable SACAT to filter out inappropriate applications for variation or revocation (for example, repeated applications from disgruntled relatives or friends who disagree with an order/appointment, applying for variation or revocation shortly after an order has been made);

amend the Guardianship and Administration Act to remove the requirement for financial reports to be sent to the Tribunal by an appointed administrator of a protected person under s.44(1), however retain a power for SACAT to require financial reports to be sent to the Tribunal (for example for circumstances where an administrator claims to have sent reports to the Public Trustee but Public Trustee has no record of receiving them). This change is to remove unnecessary duplication whereby such reports are currently provided to both SACAT and the Public Trustee, notwithstanding that it is the Public Trustee's role to examine and report to SACAT on their adequacy and only the Public Trustee has this expertise;

amend the Guardianship and Administration Act to make provision for the appointment of an alternative guardian at the same time as a guardian to avoid the need for an urgent appointment if an appointee dies. This is based on equivalent provisions in other jurisdictions, including Victoria and Western Australia;

amend the Mental Health Act 2009 to remove the requirements in ss.11, 22 and 26 for the Office of the Chief Psychiatrist (OCP) to send SACAT copies of all mental health notices relating to short term treatment orders by health professionals. Instead, the Act should only require OCP to send SACAT copies of notices relating to orders reviewable by SACAT under s79; as well as copy notices—upon request by SACAT—for orders in relation to which a review application has been made to SACAT under s.81. This will remove duplication of the record-keeping function already performed by the OCP;

amend the Mental Health Act to provide for automatic expiry of a Level 1 Community Treatment Order (CTO) when SACAT makes a Level 2 CTO (s.16), and the automatic expiry of a Level 1 or 2 Inpatient Treatment Order (ITO) when SACAT makes a Level 3 ITO (s.29) to remove the uncertainty of different level orders potentially operating concurrently;

amend the Advance Care Directives Act 2013 s.43(d) definition of 'eligible person' for the purposes of who may make an application to SACAT in relation to an Advance Care Directive (under s.48) to include, additionally, a person who satisfies the Tribunal that they have a proper interest; and

amend s.51(1) of the Advance Care Directives Act to broaden SACAT's powers to remove a Substitute Decision Maker (SDM), including on its own initiative, by including additional grounds for removal of a SDM who is in such default in the exercise of their powers that the person is unfit to continue as SDM. These amendments to Advance Care Directives Act sections 43 and 51 are in response to concerns expressed by SACAT about its limited powers to remove unsuitable substitute decision makers where evidence of such unsuitability is apparent to SACAT. This has led to overly protracted and complicated hearings to achieve a just result and presents a potential risk to vulnerable people.

The Bill includes amendments to the Advance Care Directives Act and Guardianship and Administration Act to correct a drafting error identified in the Statutes Amendment (SACAT) Act 2014, whereby the provision for making short-term orders of up to 14 days under s.32(1) of the Guardianship and Administration Act (order to place or detain protected person) without notifying other parties (old s.14(7)) was inadvertently inserted in s.54 of the Advance Care Directives Act. A minor drafting error to a consequential provision in Guardianship and Administration Act s.64(i) is also corrected.

Further 'housekeeping' amendments are also made to the SACAT Act to address anomalous application of existing legislation in use by SACAT, namely to:

clarify the decision-making role of assessors in SACAT (which will be the same as currently in the Administrative and Disciplinary Division of the District Court: District Court Act 1991 s.20);

address the situation where the person who is the decision maker for the purposes of ss.34 and 35 for reviews by SACAT might not be the person that ought to be subject to those obligations. For example, under the Pastoral Land Management and Conservation Act 1989 where the decision maker is actually a private land valuer and the Supported Residential Facilities Act 1992 where the decision maker is the authorised officer rather than the relevant licensing authority. This issue arises also under the Statutes Amendment (Electricity and Gas) Bill 2015 where the decision-maker is an authorised officer not the ESCOSA, Minister or Technical Regulator. The SACAT Rules will be able to make the relevant Ministers, Valuer-General, licensing authority, ESCOSA, Technical Regulator (as the case may be) the party to the SACAT proceedings and the person to whom the s35 disclosure requirements attach, not the actual decision-maker. In some cases they require a power and obligation to get hold of the documents of the decision maker in order to perform their s.35 duties; and

address an unintended consequence of s.56 regarding legal representation before SACAT. Section 56(3) prohibits non-lawyers from acting for parties for fee or reward. The intention was to prevent unsuitable persons from setting up businesses as lay advocates in SACAT matters. However, it has been identified that this may have the unforseen consequence of precluding public servants representing their Departments before SACAT. To address this without also precluding genuine advocacy services such as the Tenants Advisory Service from representing parties before SACAT, s.56(3) is deleted and reliance placed on the requirement in s.56(1)(c) for non-lawyers to obtain leave to appear for parties.

The Bill provides for the Pastoral Land Appeals Tribunal (the PLAT) under the Pastoral Land Management and Conservation Act 1989 to be dissolved later by proclamation. The PLAT also sits within the District Court and is presided over by a District Court judge sitting with two panel experts.

Although there is provision in the Mines and Works Inspection Act 1920 for establishment of the Mines and Works Appeal Board, this body was to date never established, although its proposed functions will be able to be exercised by SACAT if and when required.

In addition, consistent with previous jurisdiction transfers to SACAT, various panels of experts or other panel members established to sit on a sessional basis with District Court judges to assist with appeals in the Administrative and Disciplinary Division of the District Court will be abolished pursuant to the Bill, with reliance instead on the ability for the Governor to appoint assessors to SACAT under section 22 of the SACAT 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 Adoption Act 1988

4—Amendment of section 42—Regulations

This amendment allows for the regulations to provide for SACAT to be vested with jurisdiction to review decisions of the Chief Executive.

5—Transitional Provisions

This clause provides for the continuation and completion of any review of a decision of the Chief Executive already initiated under the current scheme before the commencement of the amendments to this Act.

Part 3—Amendment of Advance Care Directives Act 2013

6—Amendment of section 43—Interpretation

This clause amends the definition of eligible person to also mean a person who satisfies the Tribunal that the person has a proper interest in a particular matter relating to the advance care directive.

7—Amendment of section 51—Orders of Tribunal in relation to substitute decision-makers

This clause amends section 51 to provide for the ability of the Tribunal to make an order in relation to a substitute decision-maker under an advance care directive of its own motion (in addition to making an order on the application of an eligible person). It also extends the grounds on which an order may be made under the section to include where the Tribunal is satisfied that a substitute decision-maker is in such default in the exercise of the person's powers under the advance care directive, that the person is not fit to continue as a substitute decision-maker.

8—Amendment of section 54—Tribunal must give notice of proceedings

This clause corrects a minor drafting error made in amendments to this Act by the Statutes Amendment (SACAT) Act 2014 by deleting section 54(2)(b)(i), which incorrectly refers to section 32(1) of the Act.

Part 4—Amendment of Agricultural and Veterinary Products (Control of Use) Act 2002

9—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

10—Amendment of section 21—Compensation if insufficient grounds for order

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Minister to refuse to pay compensation, or as to the amount of compensation. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court. The application for review must be made within 28 days.

11—Amendment of section 30—Compliance orders

This clause is related to the amendments effected by clause 10.

12—Amendment of section 31—Review

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a compliance order, or variation of a compliance order, made by the Minister. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court. The application for review must be made within 28 days.

13—Amendment of section 43—Regulations

This amendment is consequential.

14—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. Any proceedings already commenced before the District Court may continue before that Court. However, any right of appeal that existed before the commencement of the amendments in this Part but not exercised before that commencement may now be exercised before SACAT rather than the District Court.

Part 5—Amendment of Animal Welfare Act 1985

15—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

16—Substitution of heading to Part 4 Division 3

This amendment changes the terminology in the Act from 'Appeals' to 'Reviews' and is consequential.

Division 3—Reviews

17—Substitution of section 26

This amendment substitutes section 26 with the following:

26—Reviews of decisions of animal ethics committees

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of an animal ethics committee. The right of appeal was previously to the Minister.

18—Amendment of section 27—Reviews of decisions of Minister

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Minister under Part 4 of the Act. This jurisdiction was previously exercised by the Supreme Court.

19—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the Minister or the Supreme Court to SACAT. Any proceedings already commenced before the Minister or the Supreme Court may continue before the Minister or Supreme Court. However, any right of appeal that existed before the commencement of the amendments in this Part but not exercised before that commencement may now be exercised before SACAT instead.

Part 6—Amendment of Aquaculture Act 2001

20—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

21—Substitution of Part 9

This clause substitutes Part 9 (section 60) which currently provides a right of appeal against certain decisions of the Minister to the Administrative and Disciplinary Division of the District Court.

Part 9—Reviews

60—Reviews

This proposed new section provides a right of review to SACAT of certain decisions of the Minister.

22—Transitional provisions

This clause sets out the 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, will now be exercised by making an application for review to SACAT.

Part 7—Amendment of Associations Incorporation Act 1985

23—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

24—Amendment of section 17—Secrecy

This clause extends the operation of this section to allow for a person to produce certain documents or divulge certain information in the course of proceedings before the Tribunal.

25—Amendment of section 50—Reviews

This clause provides that a person aggrieved by a decision of the Commission under this Act (other than a decision under section 41) may apply to SACAT for a review of the decision. It further provides that section 71 of the South Australian Civil and Administrative Tribunal Act 2013 (which provides for Supreme Court Appeals of SACAT decisions) does not apply.

26—Transitional provisions

This clause sets out the 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, will now be exercised by making an application to SACAT.

Part 8—Amendment of Births, Deaths and Marriages Registration Act 1996

27—Amendment of section 4—Definitions

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal, and deletes the definition of Court, which is no longer required.

28—Amendment of section 10—Execution of documents

This amendment extends the evidentiary presumption that a document bearing the signature or seal of the Registrar of Births, Deaths and Marriages was properly issued with the Registrar's authority to any such documents produced to SACAT.

29—Amendment of section 22—Dispute about child's name

This amendment is consequential on the transfer of jurisdiction from the Magistrates Court to SACAT, and provides that SACAT may resolve disputes between parents about a child's name.

30—Amendment of section 25—Application to register change of child's name

These amendments are consequential on the transfer of jurisdiction from the Magistrates Court to SACAT, and provides that SACAT may approve the change of a child's name.

31—Amendment of section 27—Registration of change of name

This amendment allows for the Registrar to register a change of name by order of a tribunal (and thus SACAT) and not just by order of a court.

32—Amendment of section 33—Deaths to be registered under this Act

This amendment extends the operation of this section to a tribunal and not just a court, to allow a tribunal (and thus SACAT) to direct the registration of a person's death under this Act.

33—Amendment of heading to Part 6 Division 2

This is a consequential amendment.

34—Amendment of section 34—Application to Tribunal

This amendment is consequential on the transfer of jurisdiction from the Magistrates Court to SACAT, and provides that SACAT may, on application or on its own initiative, order the registration of a death or the inclusion or correction of registrable information about a death in the Register.

35—Amendment of section 35—Power to direct registration of death etc

This amendment extends the operation of this section to a tribunal and not just a court or a coroner, to allow a tribunal (and thus SACAT) to direct the registration of a death or the inclusion or correction of information in the Register under this Act or a corresponding law.

36—Substitution of section 50

This amendment substitutes proposed new section 50.

50—Review

This proposed new section provides that a person dissatisfied with a decision of the Registrar may apply for a review of the decision by SACAT (rather than the Magistrates Court).

37—Transitional provisions

This clause sets out the 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 make an application or seek an appeal to the Magistrates Court that existed before the commencement of these amendments, but not exercised before that commencement, will now be exercised by making an application to SACAT (in relation to those areas of jurisdiction being transferred to the Tribunal).

Part 9—Amendment of Conveyancers Act 1994

38—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

39—Substitution of section 7A

This clause substitutes section 7A.

7A—Reviews

This section enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Commissioner to refuse an application for registration. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

40—Amendment of section 9AA—Commissioner may cancel, suspend or impose conditions on registration

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Commissioner to cancel or suspend a registration or impose conditions on a registration. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

41—Amendment of section 16—Withdrawal of money from trust account

42—Amendment of section 21—Term of appointment of administrator or temporary manager

These amendments are consequential.

43—Amendment of section 22—Review of appointment of administrator or temporary manager

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the appointment of an administrator or temporary manager. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

44—Amendment of section 33—Limitation of claims

This amendment is consequential.

45—Amendment of section 37—Review of Commissioner's determination

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a determination of the Commissioner in relation to a fiduciary default. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

46—Amendment of section 46—Complaints

47—Amendment of section 47—Hearing by Tribunal

These amendments are consequential.

48—Substitution of section 48

This clause substitutes section 48 with the following:

48—Participation of assessors in disciplinary proceedings

Provision is made in relation to 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.

49—Amendment of section 49—Disciplinary action

50—Amendment of section 50—Contravention of orders

These amendments are consequential.

51—Amendment of section 55—Commissioner and proceedings before Tribunal

The amendment in subclause (1) is consequential.

Subclause (2) clarifies that subsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.

52—Repeal of Schedule 1

This clause repeals Schedule 1 which dealt with the appointment and selection of assessors for the District Court. Those provisions will be superseded by proposed section 48.

53—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 10—Amendment of Co-operatives National Law (South Australia) Act 2013

54—Amendment of section 9—Designated authority, designated instrument and designated tribunal (Co-operatives National Law section 4)

This amendment provides that, for the purposes of appeals and reviews under Chapter 7 Part 3 of the National Law, SACAT is the designated tribunal. Furthermore, a reference to making an appeal in Chapter 7 Part 3 will be taken to be a reference to applying to SACAT for a review under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.

55—Transitional provisions

This clause sets out the 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 seek an appeal to the District Court that existed before the commencement of these amendments, but not exercised before that commencement, will now be exercised by making an application to SACAT.

Part 11—Amendment of Crown Land Management Act 2009

56—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal, and makes consequential amendments to the definition of Court, to reflect SACAT's jurisdiction under this Act.

57—Substitution of heading to Part 5 Division 2

58—Insertion of heading to Part 5 Division 2A

These amendments are consequential.

59—Amendment of section 67—Valuation reviews

These amendments to section 67 provide that a lessee may apply to SACAT for a review of a determination on a review under sections 65(1)(a) and 66 of the Act. The Tribunal may, on a review, make a variation that consists of increasing or decreasing a valuation. The amendments also re-word the current provisions of subsection (3) to apply to the Tribunal so that an order for costs cannot be made against an applicant for a review unless the Tribunal is satisfied that the applicant's conduct was frivolous, vexatious or calculated to cause delay.

60—Repeal of heading to Part 5 Division 3

This amendment is consequential.

61—Substitution of section 68

This clause provides for a new proposed section 68.

68—Other reviews

The proposed new section provides that a person who has applied for a review under section 65 of the Act (other than under section 65(1)(a)) may, if dissatisfied with the determination made on the review, seek a review of the Minister's determination by SACAT under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. The proposed section sets out the time limits for making such an application and provides for the provision of reasons by the Minister. An order for costs may not be made against an applicant for a review unless the Tribunal is satisfied that section 48 of the South Australian Civil and Administrative Tribunal Act 2013 applies.

62—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT from the Land and Valuation Court and the District Court. The effect of the provisions is that any proceedings already commenced before the Land and Valuation Court or the District Court will continue before those Courts. However, any right of appeal to either the Land and Valuation Court under section 67 or the District Court under section 68 that existed before the commencement of these amendments, but not exercised before that commencement, will now be exercised by making an application to SACAT.

Part 12—Amendment of Electricity Act 1996

63—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

64—Amendment of section 35A—Price regulation by Commission

This amendment is consequential on the amendments to the Essential Services Commission Act 2002.

65—Amendment of heading to Part 8

This amendment is consequential.

66—Substitution of section 76

The substitution of section 76 enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of certain decisions.

67—Amendment of section 77—Minister's power to intervene

68—Repeal of Schedule 1A

These amendments are consequential.

69—Transitional provisions

This clause contains transitional provisions for the purposes of the measure.

Part 13—Amendment of Emergency Services Funding Act 1998

70—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

71—Amendment of section 5A—Application for aggregation of non-contiguous land

The amendments to this section provide that a person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Commissioner to refuse an application for the aggregation of non-contiguous land. This jurisdiction was previously exercised by the District Court. The application for review must be made within 28 days of service of the notice of the decision of the Commissioner on the applicant.

72—Amendment of section 9—Objection to attribution of use to land

This clause provides that an objector who is dissatisfied with a decision of the Minister in relation to an objection to the attribution of a particular use to the land, may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the Minister's decision. An application for review must be made within 21 days after notification of the Minister's decision to the objector.

73—Amendment of section 13—Alterations to assessment book

This clause amends section 13 to provide that the Commissioner must notify an applicant who has applied for an alteration of the assessment book of the Commissioner's decision in writing and if the application is refused, the notice must include the Commissioner's reasons for the refusal. An applicant who is dissatisfied with the decision of the Commissioner may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. The application for review must be made within 21 days of the Commissioner's notification.

74—Amendment of section 21—Recovery of levy not affected by objection or review

The amendments to this section are consequential on the change of terminology from referring to 'appeals' to referring to 'reviews'.

75—Amendment of section 26—Objection to classification of vehicle

This amendment provides that an objector who is dissatisfied with a decision of the Minister in relation to the classification of a vehicle in respect of which the person is liable to pay a levy, may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the Minister's decision. An application for review must be made within 21 days of the Minister's decision.

76—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT from the Supreme Court, Land and Valuation Court and District Court. The effect of the provisions is that any proceedings already commenced before the Supreme Court, Land and Valuation Court or District Court will continue before those respective Courts. However, any right of appeal or review under section 5A, 9, 13 or 26 of the Act that existed before the commencement of these amendments, but not exercised before that commencement, will now be exercised by making an application to SACAT rather than to the relevant Court.

Part 14—Amendment of Environment Protection Act 1993

77—Amendment of section 103V—Accreditation of site contamination auditors

This clause clarifies that regulations providing for appeals against decisions of the Authority relating to accreditation will now refer to the Tribunal rather than the Administrative and Disciplinary Division of the District Court.

Part 15—Amendment of Environment Protection (Sea Dumping) Act 1984

78—Amendment of section 16—Suspension and revocation of permits

This clause makes a consequential amendment.

79—Substitution of section 27

This clause substitutes section 27 with the following:

27—Review of decision to refuse permit

This section enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Minister to refuse a permit under the Act or to vary, suspend or revoke a permit under the Act. This jurisdiction was previously exercised by the Supreme Court.

80—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the Supreme Court to SACAT. Any proceedings already commenced before the Supreme Court may continue before the Supreme Court. However, any right of appeal that existed before the commencement of the amendments in this Part but not exercised before that commencement may now be exercised before SACAT instead.

Part 16—Amendment of Essential Services Commission Act 2002

81—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

82—Amendment of heading to Part 6

This clause amends the heading to Part 6.

83—Amendment of section 32—Review by Tribunal

This clause amends section 32 to effect the transfer of jurisdiction to SACAT in relation to decisions of the Commission made on a review under section 31. Provision is made relating to 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.

Other amendments consequential on or related to the transfer of jurisdiction are made.

84—Repeal of Schedule 1

This amendment is consequential on the proposed inclusion of provisions in relation to assessors in section 32.

85—Transitional provisions

This clause sets out the 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, will now be exercised by making an application for review to SACAT. Further provision is made in relation to members of a panel established under Schedule 1 of the Act ceasing to hold office on the transfer of jurisdiction.

Part 17—Amendment of Fisheries Management Act 2007

86—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

87—Amendment of section 111—Review of certain decisions of Minister

This clause makes it clear that a review of a Ministerial decision under section 111 is an internal review (as distinguished from an external review by SACAT under the substituted Part 9 Division 2).

88—Substitution of heading to Part 9 Division 2

This clause substitutes a new heading to Part 9 Division 2 which is currently headed 'Appeals.'

Division 2—External review

89—Substitution of section 112

This clause substitutes section 112 which currently provides for appeals to the Administrative and Disciplinary Division of the District Court from internal reviews by the Minister of decisions made by the Minister.

112—External review

This proposed section provides that an applicant for internal review who is not satisfied with the outcome of an internal review by the Minister of a decision by the Minister may apply to SACAT for a review of the decision of the Minister on the internal review.

90—Amendment of section 124—Confidentiality

This clause expands the operation of section 124(4) so that the Minister, the Director or any other person to whom a return is provided under the Act by the holder of a fishery licence or other authority cannot be required by subpoena or otherwise to produce to SACAT any information contained in such a return.

91—Transitional provisions

This clause sets out the 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, will now be exercised by making an application for review to SACAT.

Part 18—Amendment of Food Act 2001

92—Amendment of section 4—Definitions

This clause inserts a new definition of Tribunal which means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013 and makes a consequential amendment to delete the definition of appropriate review body.

93—Amendment of section 35—Review of order

This clause amends section 35(5) so that a person may apply for a review of a compensation determination made under the section to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. Currently these applications are to be made to the Administrative and Disciplinary Division of the District Court.

94—Amendment of section 51—Review of decision to refuse certificate of clearance

This clause amends section 51 so that a person aggrieved by a decision of a relevant authority or person to refuse to give a certificate of clearance under the Part may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. Currently these applications are to be made to the Administrative and Disciplinary Division of the District Court.

95—Amendment of section 52—Review of order

This clause amends section 52 so that an applicant for the payment of compensation under the section, who is dissatisfied with a determination under section 52(3) about compensation, may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. Currently these applications are to be made to the Administrative and Disciplinary Division of the District Court.

96—Amendment of section 65—Review of decisions relating to approval

This clause amends section 65 so that a person aggrieved by a decision of the relevant authority relating to approval may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. Currently these applications are to be made to the Administrative and Disciplinary Division of the District Court.

97—Amendment of section 71—Review of decisions relating to approval

This clause amends section 71 so that a person aggrieved by a decision of the relevant authority relating to approval may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. Currently these applications are to be made to the Administrative and Disciplinary Division of the District Court.

98—Amendment of section 77—Review of decisions relating to approvals

This clause amends section 77 so that a person aggrieved by a decision of the relevant authority relating to approval may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. Currently these applications are to be made to the Administrative and Disciplinary Division of the District Court.

99—Transitional provisions

This clause contains a transitional provision which provides that a right of review under section 35, 51, 52, 65, 71 or 77 of the Food Act 2001 in existence before the day on which this Part comes into operation (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 South Australian Civil and Administrative Tribunal rather than the District Court. Any proceedings before the District Court commenced before the day on which this Part comes into operation are unaffected.

Part 19—Amendment of Gas Act 1997

100—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

101—Amendment of section 33—Price regulation by determination of Commission

This amendment is consequential on the amendments to the Essential Services Commission Act 2002.

102—Amendment of heading to Part 7

This amendment is consequential.

103—Substitution of section 72

The substitution of section 72 enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of certain decisions.

104—Amendment of section 73—Minister's power to intervene

105—Repeal of Schedule 3

These amendments are consequential.

106—Transitional provisions

This clause contains transitional provisions for the purposes of the measure.

Part 20—Amendment of Guardianship and Administration Act 1993

107—Amendment of section 29—Guardianship orders

The addition of subsection (2a) provides for the appointment (in advance) by the Tribunal of an alternative guardian who may act event of the death, absence or incapacity of a particular guardian (the original guardian'. This represents one of the efficiency reforms in this measure.

108—Insertion of section 31B

Section 31B clarifies the effect of an alternative guardian's powers being triggered (ie on the death, absence or incapacity of the original guardian), namely, that they take over the original guardian's powers without further proceedings. The alternative guardian must notify the Tribunal of that fact in writing.

109—Amendment of section 33—Applications under this Division

This clause introduces efficiency reforms in the Tribunal's processes by sifting out inappropriate applicants from the pool under section 33 of the principal Act. Those persons cannot apply for orders under section 30 or section 32(1) without first satisfying the Tribunal of certain matters.

110—Amendment of section 37—Applications under this Division

In a similar way to the previous clause, this clause introduces efficiency reforms in the Tribunal's processes by sifting out inappropriate applicants from the pool under section 37 of the principal Act. Those persons cannot apply for orders under section 36 without first satisfying the Tribunal of certain matters.

111—Amendment of section 44—Reporting requirements for private administrators

This clause introduces efficiency reforms in the Tribunal's processes under section 44 of the principal Act.

112—Amendment of section 64—Reviews and appeals

This amendment corrects a minor drafting error in relation to amendments made to this Act by the Statutes Amendment (SACAT) Act 2014.

Part 21—Amendment of Harbors and Navigation Act 1993

113—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

114—Amendment of section 28F—Power to deal with non-compliance

This clause replaces the right to appeal to the Court of Marine Enquiry against a decision of the Minister to take disciplinary action against a port operator with a right to apply to SACAT for a review of such a decision.

115—Amendment of section 80—Review of administrative decisions

The amendment replaces the right to apply to the Court of Marine Enquiry for a review of a decision made by the original decision-maker on a review with a right to apply to SACAT for a review of such a decision.

116—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction from the Court of Marine Enquiry to SACAT. The effect of the provisions is that any proceedings already commenced before the Court will continue before the Court. However, any right to appeal to the Court that existed before the commencement of these amendments, but not exercised before that commencement, will now be exercised by making an application for review to SACAT.

Part 22—Amendment of Historic Shipwrecks Act 1981

117—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

118—Amendment of section 11—Power of Minister to give directions in relation to custody of historic shipwrecks and relics

This clause replaces the right to appeal to the Administrative and Disciplinary Division of the District Court against a decision of the Minister to give a notice with a right to apply to SACAT for a review of such a decision.

119—Transitional provisions

This clause sets out the 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 the Court. However, any right to appeal to the Court that existed before the commencement of these amendments, but not exercised before that commencement, will now be exercised by making an application for review to SACAT.

Part 23—Amendment of Housing Improvement Act 2016

120—Repeal of section 41

This clause repeals section 41 of the Act which provides for applications to the Tribunal to vary or set aside an order. This provision is not required as the provisions of the SACAT Act are intended to be relied upon instead.

Part 24—Amendment of Land Acquisition Act 1969

121—Substitution of section 12A

This amendment substitutes a new proposed section 12A.

12A—Right of review

The proposed section provides that a person who makes a request under section 12 of the Act in relation to a proposed acquisition which is refused by the Authority under that section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the Authority's decision. The application for review must be made within 7 days of service on the person of the notice of the refusal of the Authority. Further, the Tribunal must complete its proceedings within 14 days of the application being made by the person. The merits of the undertaking to which the proposed acquisition relates cannot be called into question in the review by SACAT. It further provides that section 71 of the South Australian Civil and Administrative Tribunal Act 2013 (which provides for Supreme Court Appeals of SACAT decisions) does not apply.

122—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that any proceedings arising from an application made under section 12A of the Act as in force before its amendment by these provisions will not be affected by these amendments. However, a right of review under section 12A in existence before the commencement of these amendments, but not exercised before that commencement, will now be exercised by making an application to SACAT rather than by making an application to the Minister under that section.

Part 25—Amendment of Land Agents Act 1994

123—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

124—Substitution of section 8D

This clause substitutes section 8D with the following:

8D—Reviews

This section enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Commissioner to refuse an application for registration. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

125—Amendment of section 11C—Commissioner may cancel, suspend or impose conditions on registration

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Commissioner to cancel or suspend a registration or impose conditions on a registration. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

126—Amendment of section 14—Withdrawal of money from trust account

127—Amendment of section 19—Term of appointment of administrator or temporary manager

These amendments are consequential.

128—Amendment of section 20—Review of appointment of administrator or temporary manager

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the appointment of an administrator or temporary manager. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

129—Amendment of section 31—Limitation of claims

This amendment is consequential.

130—Amendment of section 35—Review of Commissioner's determination

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a determination of the Commissioner in relation to a fiduciary default. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

131—Amendment of section 44—Complaints

132—Amendment of section 45—Hearing by Tribunal

These amendments are consequential.

133—Substitution of section 46

This clause substitutes section 46 with the following:

46—Participation of assessors in disciplinary proceedings

Provision is made in relation to 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.

134—Amendment of section 47—Disciplinary action

135—Amendment of section 48—Contravention of orders

These amendments are consequential.

136—Amendment of section 53—Commissioner and proceedings before Tribunal

The amendment in subclause (1) is consequential.

Subclause (2) clarifies that subsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.

137—Repeal of Schedule 1

This clause repeals Schedule 1 which dealt with the appointment and selection of assessors for the District Court. Those provisions will be superseded by proposed section 46.

138—Amendment of Schedule 2A—Special provisions relating to G.C. Growden Pty Ltd

These amendments are consequential.

139—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 26—Amendment of Land Valuers Act 1994

140—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

141—Amendment of section 8—Complaints

142—Amendment of section 9—Hearing by Tribunal

These amendments are consequential.

143—Substitution of section 10

This clause substitutes section 10 with the following:

10—Participation of assessors in disciplinary proceedings

Provision is made in relation to 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.

144—Amendment of section 11—Disciplinary action

145—Amendment of section 12—Contravention of orders

These amendments are consequential.

146—Amendment of section 14—Commissioner and proceedings before Tribunal

The amendment in subclause (1) is consequential.

Subclause (2) clarifies that subsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.

147—Repeal of Schedule 1

This clause repeals Schedule 1 which dealt with the appointment and selection of assessors for the District Court. Those provisions will be superseded by proposed section 10.

148—Amendment of Schedule 2—Transitional provisions

This provision continues orders that had effect as if they were orders of the Administrative and Disciplinary Division of the District Court under Schedule 2 subclause (1), as if they were orders of the Tribunal.

149—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 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 27—Amendment of Livestock Act 1997

150—Amendment of section 3—Interpretation—general

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

151—Substitution of section 51

This clause substitutes a proposed new section 51.

51—Review of Chief Inspector's determination of claim

The proposed section provides that a person who has made a claim for compensation may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Chief Inspector's determination of the amount of compensation payable for particular livestock or property. Such an application cannot be made in relation to a determination that no compensation, or a reduced amount of compensation, is payable as a result of a conviction for an offence. An application for review must be made within 21 days' notice of the Chief Inspector's determination. The clause also provides that 2 panels of persons must be set up under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 for the purpose of the SACAT proceedings. One panel must include persons who have experience or qualifications in valuing livestock or property and the other must include persons who have experience or qualifications relevant to managing or dealing with the outbreak, or suspected outbreak, of exotic diseases. The President of the Tribunal may determine that the Tribunal sit with assessors selected by the Minister.

152—Amendment of section 72—Compliance notices

This amendment substitutes a reference to the Administrative and Disciplinary Division of the District Court with a reference to SACAT in relation to seeking a review of a compliance notice under section 72 of the Act.

153—Substitution of heading to Part 9

This is a consequential amendment.

Part 9—Reviews

154—Amendment of section 73—Reviews

The amendments to this clause substitutes the reference to the Administrative and Disciplinary Division of the District Court with a reference to SACAT to provide for review of various decisions of the Chief Inspector in relation to registration under Parts 3 and 7 of the Act.

155—Amendment of section 88—Regulations

This amendment provides the ability for the regulations to confer jurisdiction on SACAT to review any determination made under the regulations.

156—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that any proceedings arising from an application made under section 51 of the Act as in force before its amendment by these provisions will not be affected by these amendments. However, a right of appeal under section 51 in existence before the commencement of these amendments, but not exercised before that commencement, will now be exercised by making an application to SACAT rather than by making an application to the Minister under that section. Further, a right of appeal under section 73 in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by making an application to SACAT rather than the District Court. However, District Court proceedings commenced before the commencement of these amendments will not be affected by these amendments.

Part 28—Amendment of Local Government Act 1999

157—Amendment of section 4—Interpretation

This amendment deletes the definition of District Court.

158—Amendment of section 54—Casual vacancies

This amendment substitutes the reference to the 'District Court' with a reference to 'SACAT' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

159—Amendment of section 83—Notice of ordinary or special meetings

This amendment substitutes the reference to the 'District Court' with a reference to 'SACAT' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

160—Amendment of section 87—Calling and timing of committee meetings

This amendment substitutes the reference to the 'District Court' with a reference to 'SACAT' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

161—Amendment of section 156—Basis of differential rates

This amendment provides for reviews against a council's decision on an objection to be heard by SACAT instead of the Land and Valuation Court.

162—Amendment of section 173—Alterations to assessment record

This amendment effects the transfer of jurisdiction from the District Court to SACAT in relation to reviews under section 173.

163—Amendment of section 186—Recovery of rates not affected by an objection or review

These amendments are consequential.

164—Amendment of section 256—Rights of review

This amendment effects the transfer of jurisdiction from the District Court to SACAT in relation to reviews under section 256.

165—Amendment of section 263B—Outcome of Ombudsman investigation

This amendment substitutes references to the 'District Court' with references to 'SACAT' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

166—Amendment of section 264—Complaint lodged with SACAT

The first amendment substitutes the reference to the 'District Court' with a reference to 'SACAT' as a consequence of the transfer of jurisdiction from the District Court to SACAT. The other amendment is consequential.

167—Amendment of section 265—Hearing by SACAT

Two of these amendments substitute references to the 'District Court' with references to 'SACAT' as a consequence of the transfer of jurisdiction from the District Court to SACAT. The other amendment is consequential.

168—Substitution of section 266

This clause substitutes section 266:

266—Constitution of SACAT

Provision is made in relation to 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.

169—Amendment of section 267—Outcome of proceedings

This amendment substitutes the reference to the 'District Court' with a reference to 'SACAT' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

170—Repeal of Schedule 7

This amendment is consequential on the proposed inclusion of provisions in relation to assessors.

171—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction from the District Court and Land and Valuation Court to SACAT. The effect of the provisions is that any proceedings already commenced before the District Court or Land and Valuation Court will continue before the relevant Court. However, any right to appeal to the District Court or Land and Valuation Court that existed before the commencement of these amendments, but not exercised before that commencement, will now be exercised by making an application for review to SACAT. Further provision is made in relation to members of a panel established under Schedule 1 of the Act ceasing to hold office on the transfer of jurisdiction.

Part 29—Amendment of Mental Health Act 2009

172—Amendment of section 11—Chief Psychiatrist to be notified of level 1 orders or their variation or revocation

This clause is consequential on efficiency reforms in the Tribunal's processes introduced by this measure.

173—Amendment of section 16—Level 2 community treatment orders

This amendment clarifies that a level 1 community treatment order applying in relation to a person is taken to be revoked on the making of a level 2 community treatment order in relation to the person.

174—Amendment of section 22—Chief Psychiatrist to be notified of level 1 orders or their revocation

This amendment is consequential on the efficiency reforms introduced by this measure and also clarifies that if a level 1 order is made within 7 days after the expiry or revocation of a previous inpatient treatment order applying to the same person, the Chief Psychiatrist must ensure that the Tribunal is given a copy of the notice referred to in subsection (1) within 1 business day of the making of the order.

175—Amendment of section 26—Notices and reports relating to level 2 orders

This amendment is consequential on the efficiency reforms introduced by this measure and also clarifies that if a level 2 order extends an inpatient treatment order, the Chief Psychiatrist must ensure that the Tribunal is given a copy of the notice referred to in subsection (1) within 1 business day of the making of the order.

176—Amendment of section 29—Level 3 inpatient treatment orders

This amendment clarifies that a level 1 or 2 inpatient treatment order applying in relation to a person is taken to be revoked on the making of a level 3 inpatient treatment order in relation to the person.

177—Amendment of section 81—Reviews of orders (other than Tribunal orders)

This amendment inserts new provisions into section 81 of the principal Act requiring the Chief Psychiatrist to provide the Tribunal with copies of section 11, 22 or 26 notices within 1 business day of the Tribunal requesting them.

Part 30—Amendment of Mines and Works Inspection Act 1920

178—Amendment of section 4—Interpretation

This clause deletes the definition of appeal board.

179—Substitution of sections 10A to 10C

This amendment effects the transfer of jurisdiction from the Mines and Works Appeal Board to SACAT.

11—Reviews—amenity issues

The proposed new section provides that a person who is required to comply with an order or direction under section 10(1)(e) may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the order or direction. An application must be made within 1 month. The clause also provides that 2 panels of persons must be set up under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 for the purpose of the SACAT proceedings. One panel must include persons who have experience in the conduct of mining operations and the other must include persons who have experience in assessing the aesthetic effect of mining operations and practices on the environment. The President of the Tribunal may determine that the Tribunal sit with assessors selected by the President.

180—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that a right of appeal under section 10A of the Act in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by making an application to SACAT rather than the appeal board or the Minister. Proceedings already commenced before the commencement of these amendments will not be affected. Further, the office held by a member of the Mines and Works Appeal Board before the commencement of these amendments will cease on that commencement.

Part 31—Amendment of National Parks and Wildlife Act 1972

181—Substitution of section 53A

This amendment substitutes a new proposed section 53A in relation to the transfer of jurisdiction to SACAT.

53A—Review by Tribunal

The proposed section provides that a person who has applied for a permit under section 53 of the Act may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of certain decisions of the Minister in relation to the permit. An application must be made within 2 months of notice of the Minister's decision or the receipt of written reasons for the Minister's decision if requested by the applicant. The clause also provides that a panel of persons must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 that consists of persons with extensive experience in the conservation of animals, plants and ecosystems, management of natural resources, primary production and relevant fields of the biological sciences. In any proceedings the President of the Tribunal may determine that the Tribunal will sit with 1 or more assessors selected by the President from the panel.

182—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that a right of review by the Parks and Wilderness Council under section 53A of the Act in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by commencing the relevant proceedings before SACAT instead of the Council. However, nothing affects proceedings before the Council commenced before the commencement of these amendments.

Part 32—Amendment of Partnership Act 1891

183—Amendment of section 74—Certain convicted offenders not to carry on business as general partners

The amendments to this clause substitute references to the District Court with references to the Tribunal in relation to applications to obtain permission for certain persons to carry on business as a general partner within 5 years of specified convictions. Such an application would fall within SACAT's original jurisdiction.

184—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that proceedings before the District Court commenced before the commencement of these amendments will not be affected by the amendments. Further, a notice given under section 74(2) of the Act before the commencement of these amendments will be taken to be a notice under section 74(2) as in force after the commencement of these amendments.

Part 33—Amendment of Pastoral Land Management and Conservation Act 1989

185—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

186—Amendment of section 32—Resumption of land

The amendment of this clause makes clear that an application to vary a condition of a lease under section 32(5)(b)(ii) of the Act will fall within SACAT's original jurisdiction.

187—Substitution of Part 7

This amendment substitutes a new Part 7 as a result of the transfer of jurisdiction from the Pastoral Land Appeal Tribunal to SACAT.

Part 7—Reviews

Division 1—Reviews by Tribunal

50—Jurisdiction of Tribunal

The proposed section provides that a lessee who is dissatisfied with various decisions in relation to a pastoral lease may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision. An application must be made within 3 months of notice of the decision. The clause also provides that a panel of persons must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 that consists of persons with expertise that would, in the opinion of the Governor, be of value to the Tribunal in exercising its jurisdiction under this Part. If the President of the Tribunal so determines, the Tribunal may sit with 1 or more assessors selected by the President.

51—Operation of certain decisions pending review

This proposed section provides that a decision that may be the subject of a review by the Tribunal continues to operate despite the right to make an application for review or the commencement of review proceedings. However, a decision to cancel a pastoral lease or impose a fine on a lessee for breach of conditions cannot be implemented or enforced until the period for commencing proceedings for a review has elapsed, or any Tribunal proceedings commenced have been finalised.

52—Related provisions

This proposed section provides that the Tribunal may not allow non-party intervention in proceedings under this Division. Further, the Tribunal must require the parties to proceedings (but not Counsel for the parties) to attend a compulsory conference under section 50 of the South Australian Civil and Administrative Tribunal Act 2013.

Division 2—Review of valuation and review by Tribunal

53—Valuations—right of review

The proposed section provides that a lessee who is dissatisfied with a determination of the Valuer-General of the annual rent for a pastoral lease may apply to either the Valuer-General or SACAT for a review of the determination within 3 months. The Valuer-General must, on the written request of the lessee, endeavour to resolve the matter informally by conferring with the lessee, whether or not an application for review has been lodged. If the application for review has been made to the Valuer-General, the application must be made and dealt with in accordance with the Valuation of Land Act 1971, as if it were an application for review of a valuation under that Act. Either the Valuer-General or a lessee who is dissatisfied with a decision of a land valuer under that Act may apply to SACAT for a review of the decision. In exercising its jurisdiction, SACAT is to consider the matter de novo.

188—Amendment of section 68—Evidentiary provision

This amendment is consequential.

189—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that any proceedings before the Pastoral Land Appeal Tribunal (PLAT) or the Land and Valuation Court commenced before the commencement of these amendments are not affected by the amendments. A right to appeal to PLAT under Part 7 Division 2 of the Act in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by commencing proceedings before SACAT rather than PLAT. Further, a right to appeal to the Land and Valuation Court under Part 7 Division 3 of the Act in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by commencing proceedings before SACAT rather than the Court. The Governor may dissolve PLAT by proclamation when he or she thinks it appropriate to do so. At that time, any member of PLAT or member of a panel constituted for the purposes of PLAT holding office will cease to do so. Any contract of employment, agreement or arrangement relating to the office will also be terminated at that time.

Part 34—Amendment of Petroleum and Geothermal Energy Act 2000

190—Substitution of heading to Part 15

This is a consequential amendment.

Part 15—Reconsideration and reviews

191—Substitution of Part 15 Division 3

This amendment substitutes a proposed new Division as a consequence of the transfer of jurisdiction from the District Court to SACAT.

Division 3—Reviews

128—Reviews

The proposed section 128 of the Act provides that an applicant who is dissatisfied with a decision of the Minister on an application for reconsideration may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the Minister's decision, within 1 month of receiving notice of the decision.

192—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that a right of appeal under section 128 of the Act in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by commencing proceedings before SACAT rather than the District Court. These amendments do not affect any proceedings before the District Court commenced before the commencement of these amendments.

Part 35—Amendment of Petroleum Products Regulation Act 1995

193—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

194—Substitution of Part 9

This clause substitutes Part 9 of the Act which provides a right of appeal to the Administrative and Disciplinary Division of the District Court against certain decisions of the Minister.

Part 9—Reviews

47—Reviews

This proposed section provides for a right to apply to SACAT for review of certain decisions of the Minister.

195—Amendment of section 56—Confidentiality

This clause amends section 56 to ensure that SACAT does not have power to require a disclosure of information contrary to that section.

196—Transitional provisions

This clause sets out the 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 the Court. However, any right to appeal to the Court that existed before the commencement of these amendments, but not exercised before that commencement, will now be exercised by making an application for review to SACAT.

Part 36—Amendment of Plant Health Act 2009

197—Substitution of heading to Part 4 Division 5

This is a consequential amendment.

Division 5—Reviews

198—Substitution of section 36

This amendment substitutes a new proposed section 36 as a consequence of the transfer of jurisdiction from the District Court to SACAT.

36—Review by Tribunal

Proposed section 36 provides that an applicant for a review by the Minister who is dissatisfied with the decision of the Minister on review may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision. The application must be made within 28 days of the Minister's decision, or if a request for written reasons has been made, within 28 days of receiving those reasons.

199—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that a right of appeal under section 36 of the Act in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by commencing proceedings before SACAT rather than the District Court. However, proceedings before the District Court commenced before these amendments come into operation are not affected by the amendments.

Part 37—Amendment of Police Superannuation Act 1990

200—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

201—Amendment of section 4A—Putative spouses

202—Amendment of section 4B—Restriction on publication of proceedings

These amendments are consequential.

203—Amendment of section 39—Review of Board's decisions

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 (as well as to the Board, as is currently the case) for a review of a decision of the Board. The jurisdiction to be vested in the Tribunal was previously exercised by the Administrative and Disciplinary Division of the District Court.

204—Amendment of section 49—Confidentiality

This amendment is consequential.

205—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. 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 38—Amendment of Primary Industry Funding Schemes Act 1998

206—Amendment of section 16—Regulations

This amendment provides the ability for the regulations to confer jurisdiction on SACAT to review any determination made under the regulations.

207—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that any objection being considered by the Minister under a regulation immediately before the commencement of these amendments will be dealt with as if the amendments had not been made.

Part 39—Amendment of Primary Produce (Food Safety Schemes) Act 2004

208—Substitution of heading to Part 5

This is a consequential amendment.

Part 5—Reviews

209—Substitution of section 34

This amendment substitutes a new proposed section 36 as a consequence of the transfer of jurisdiction from the District Court to SACAT.

34—Review by Tribunal

Proposed section 34 provides that an applicant for a review by the Minister who is dissatisfied with the decision of the Minister on review may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision. The application must be made within 28 days of the Minister's decision, or if a request for written reasons has been made, within 28 days of receiving those reasons.

210—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that a right of appeal under section 34 of the Act in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by commencing proceedings before SACAT rather than the District Court. However, proceedings before the District Court commenced before these amendments come into operation are not affected by the amendments.

Part 40—Amendment of Public Corporations Act 1993

211—Amendment of section 24—Formation of subsidiary by regulation

This amendment provides the ability for the regulations establishing a subsidiary of a public corporation to confer jurisdiction on a tribunal (and thus SACAT) to review decisions or activities of that body.

Part 41—Amendment of Residential Tenancies Act 1995

212—Repeal of section 37

This clause repeals section 37 of the Act which provides for applications to the Tribunal to vary or set aside an order. This provision is not required as the provisions of the SACAT Act are intended to be relied upon instead.

Part 42—Amendment of Safe Drinking Water Act 2011

213—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

214—Substitution of section 10

This clause substitutes section 10 with the following:

10—Reviews

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a range of decisions of the Minister. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

215—Amendment of section 14—Related matters

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a requirement of the Minister to make an alteration to the person's monitoring program or incident identification and notification protocol. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

216—Amendment of section 38—Notices

These amendments are consequential.

217—Amendment of section 42—Reviews

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a notice under the section. This jurisdiction was previously exercised by the Administrative and Disciplinary Division of the District Court.

218—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 43—Amendment of South Australian Civil and Administrative Tribunal Act 2013

219—Amendment of section 25—Decision if 2 or more members constitute Tribunal

This amendment makes clear that if a Tribunal is constituted by 2 or more members that includes 1 or more assessors, then questions of law or procedure are to be determined by the presiding member.

220—Amendment of section 34—Decisions within review jurisdiction

This amendment provides that the Tribunal rules may provide that the decision-maker for a reviewable decision will, instead of being the person or body that made the decision, be a person or body that is assigned by the rules as a suitable entity to act as the decision-maker for the purposes of the Act (or specified provision of the Act). The rules may also provide that a reference to the decision-maker for a reviewable decision will be taken to include a reference to a person or body that is designated by the rules as being a suitable entity to act jointly with the person or body that made the decision for the purposes of the Act (or specified provision of the Act).

221—Amendment of section 47—Dismissing proceedings on withdrawal or for want of prosecution

This amendment to section 47(5) extends who is able to make orders dismissing or striking out all or a part of any proceedings for want of prosecution. Currently, these orders may only be made by legally qualified members of the Tribunal. The amendment enables the President to authorise the Registrar or a Deputy Registrar to make such orders generally, or in relation to particular classes of matters or otherwise.

222—Amendment of section 56—Representation

This amendment removes section 56(3) of the Act which prevents a person who is not a legal practitioner from acting for fee or reward in relation to proceedings before the Tribunal.

223—Amendment of section 85—Tribunal may review its decision if person was absent

Currently, compulsory conferences are excluded from the operation of this section which provides for the review of a decision made in the absence of a person who did not appear or was not represented. This amendment extends section 85 to decisions made at compulsory conferences.

Part 44—Amendment of Southern State Superannuation Act 2009

224—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

225—Amendment of section 7—Putative spouses

226—Amendment of section 8—Restriction on publication of proceedings

These amendments are consequential.

227—Amendment of section 25—Review of Board's decisions

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 (as well as to the Board, as is currently the case) for a review of a decision of the Board. The jurisdiction to be vested in the Tribunal was previously exercised by the Administrative and Disciplinary Division of the District Court.

228—Amendment of section 28—Confidentiality

This amendment is consequential.

229—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. 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 45—Amendment of Superannuation Act 1988

230—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

231—Amendment of section 4A—Putative spouses

232—Amendment of section 4B—Restriction on publication of proceedings

These amendments are consequential.

233—Amendment of section 44—Review of Board's decisions

This clause enables a person to apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 (as well as to the Board, as is currently the case) for a review of a decision of the Board. The jurisdiction to be vested in the Tribunal was previously exercised by the Administrative and Disciplinary Division of the District Court.

234—Amendment of section 55—Confidentiality

This amendment is consequential.

235—Transitional provisions

This clause sets out transitional provisions in relation to the transfer of jurisdiction from the District Court to SACAT. 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 46—Amendment of Supported Residential Facilities Act 1992

236—Amendment of section 3—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal and makes a consequential amendment to delete the definition of District Court.

237—Substitution of heading to Part 3 Division 3

This is a consequential amendment.

238—Insertion of section 19

This amendment inserts a new provision.

19—Tribunal to sit with assessors

The proposed section provides that a panel of persons must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 that consists of persons with extensive experience in the provision or supervision of personal care services, or in acting as advocates for the elderly, disabled or intellectually impaired or in developing or implementing policies that relate to the control or development of supported residential facilities or the monitoring or inspecting of such facilities. In any proceedings the President of the Tribunal may determine that the Tribunal will sit with 1 or more assessors selected by the President from the panel.

239—Substitution of section 20

This amendment substitutes proposed section 20.

20—Reasons for decision

The proposed section provides that the Tribunal must provide reasons for its decision if requested to do so at the conclusion of proceedings under this Act.

240—Amendment of section 24—Application for licence

This amendment changes the reference to 'appeal rights' to a reference to 'rights of review'.

241—Amendment of section 27—Application for renewal of licence

This amendment changes the reference to 'appeal rights' to a reference to 'rights of review'.

242—Amendment of section 31—Cancellation of licences

This amendment is consequential on the transfer of jurisdiction from the District Court to SACAT and makes clear that an application under section 31(6)(i) will come within the Tribunal's original jurisdiction.

243—Amendment of heading to Part 4 Division 2

This is a consequential amendment.

244—Substitution of section 32

This amendment substitutes a new proposed section 32.

32—Review of decision or order

The proposed section provides that a person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of any decision or order of a licensing authority under Part 4. An application must be made within 28 days of receiving notice of the decision or order. If the application is in respect of a decision regarding the renewal of a licence, the Tribunal may order that the licence remain in force until the determination of the review (subject to any specified provisions). Contravention of any such conditions is an offence.

245—Substitution of section 44

This amendment substitutes proposed section 44.

44—Right of review

The proposed section provides that a resident or proprietor who is dissatisfied with a decision or order of a licensing authority under section 43 may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of any decision or order. An application must be made within 28 days of receiving notice of the decision or order. The clause also provides that the decision or order is suspended until the determination of the review unless otherwise determined by the Tribunal.

246—Amendment of section 54—Default notices

These amendments provide that a person who is issued a default notice under section 54 may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the notice within 14 days of receiving the notice. Unless otherwise determined by the Tribunal, the operation of the notice is suspended until the determination of the review.

247—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that a right of appeal under sections 32, 44 and 54 of the Act in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by commencing proceedings before SACAT rather than the District Court. The right to make an application under section 31(6)(i) of the Act in relation to a matter in existence before the commencement of these amendments will be exercised by commencing proceedings before the Tribunal rather than the District Court. However, proceedings before the District Court commenced before the commencement of these amendments are not affected by these amendments.

Part 47—Amendment of Survey Act 1992

248—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

249—Amendment of section 37—Consequence of investigation by Institution of Surveyors

These amendments substitute the references to a 'Court' with references to the 'Tribunal' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

250—Amendment of section 38—Disciplinary powers of Tribunal

These amendments substitute the references to a 'Court' with references to the 'Tribunal' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

251—Substitution of section 38A

This amendment substitutes proposed section 38A.

38A—Participation of assessors in disciplinary proceedings

The proposed section provides that for the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, that there will be a panel of assessors consisting of persons who are representative of surveyors and persons who are representative of members of the public who deal with surveyors. In proceedings before the Tribunal the President of the Tribunal may determine that the Tribunal will sit with 1 or more assessors selected by the President.

252—Amendment of section 39—Return of licence or certificate of registration

This amendment substitutes the reference to a 'Court' with a reference to the 'Tribunal' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

253—Amendment of section 40—Restrictions on disqualified persons

These amendments substitute the references to a 'Court' with references to the 'Tribunal' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

254—Amendment of section 41—Consequences of action against surveyor in other jurisdictions

These amendments substitute the references to a 'Court' with references to the 'Tribunal' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

255—Substitution of heading to Part 3 Division 5

This is a consequential amendment.

256—Amendment of section 42—Reviews by Tribunal

This amendment provides that an application for review by the Tribunal may be made under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of certain decisions of the Institution of Surveyors in relation to the grant or renewal of a licence or registration or a decision to reprimand a person. The Institute of Surveyors or the Tribunal may extend the period of licence or registration until the determination of a review, subject to any conditions it thinks fit.

257—Amendment of section 59A—Parties to proceedings before Tribunal

This clause substitutes the reference to a 'Court' with a reference to the 'Tribunal' as a consequence of the transfer of jurisdiction from the District Court to SACAT.

258—Repeal of Schedule 1

This amendment is consequential on the inclusion of provisions in relation to assessors in proposed new section 38A.

259—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that a right to lodge a complaint under Part 3 Division 4, or a right of appeal under Part 3 Division 5 of the Act in relation to a matter in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by commencing the relevant proceedings before SACAT rather than the District Court. However, these amendments do not affect any proceedings commenced before the District Court before the commencement of these amendments. Further, a member of a panel of persons established under Schedule 1 of the Act who held office immediately before the commencement of these amendments ceases to hold office on that commencement and any contract of employment, agreement or arrangement relating to that office is also terminated at that time.

Part 48—Amendment of Tobacco Products Regulation Act 1997

260—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal.

261—Substitution of section 13

This amendment substitutes proposed section 13.

13—Review

This proposed section provides that a person who is dissatisfied with a decision taken by the Minister on a review may apply to SACAT under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the Minister's decision. An application must be made within 1 month of receiving notice of the Minister's decision.

262—Transitional provisions

This clause sets out the transitional provisions in relation to the transfer of jurisdiction to SACAT. The effect of the provisions is that a right of appeal under section 13 of the Act in existence before the commencement of these amendments, but not exercised before that commencement, will be exercised by commencing proceedings before SACAT rather than the District Court. However, these amendments do not affect any proceedings in the District Court commenced before these amendments.

Part 49—Amendment of Water Industry Act 2012

263—Amendment of section 4—Interpretation

This clause inserts a definition of Tribunal to mean the South Australian Civil and Administrative Tribunal (and consequentially deletes the definition of District Court).

264—Amendment of section 35—Price regulation

This amendment is consequential.

265—Amendment of section 80—Enforcement notices

This amendment is consequential.

266—Amendment of section 83—Injunctions

This amendment is consequential on the deletion of the definition of District Court.

267—Amendment of heading to Part 9

This clause amends the heading to Part 9.

268—Amendment of section 85—Review by Tribunal

This clause amends section 85 to effect the transfer of jurisdiction to SACAT in relation to decisions of the Commission or Technical Regulator made on a review under section 84 and relating to enforcement notices issued under Part 8 Division 4. Provision is made in relation to 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.

Other amendments consequential on or related to the transfer of jurisdiction are made.

269—Amendment of section 86—Minister's power to intervene

This amendment is consequential.

270—Repeal of Schedule 1

This amendment is consequential on the proposed inclusion of provisions in relation to assessors in section 85.

271—Transitional provisions

This clause sets out the 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, will now be exercised by making an application for review to SACAT. Further provision is made in relation to members of a panel established under Schedule 1 of the Act ceasing to hold office on the transfer of jurisdiction.

Debate adjourned on motion of Ms Chapman.

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