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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2017-11-14 Daily Xml
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Statutes Amendment (SACAT No 2) Bill

Final Stages

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

No. 1. New clause, page 43, after line 11—After clause 125 insert:

125A—Amendment of section 11BA—Commissioner may suspend or impose conditions on registration in urgent circumstances

Section 11BA(4) to (8) (inclusive)—delete subsections (4) to (8) and substitute:

(4) A person whose registration is suspended or made subject to conditions under this section may seek a review by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of the decision of the Commissioner to suspend the registration (including the period of the suspension) or to impose the conditions.

(5) Subject to subsection (7), an application for review must be made to the Tribunal within 1 month after the making of the relevant decision.

(6) The Commissioner must, if so required by the person, state in writing the reasons for the Commissioner's decision.

(7) If the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.

No. 2. Clause 219, page 69, lines 30 to 37 [clause 219(1)]—Delete subclause (1) and substitute:

(1) A right of appeal under section 10, 14 or 42 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.

Consideration in committee.

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

That the Legislative Council's amendments be agreed to.

I just wanted to say that it is not always that the other place is not helpful, and this may well be one of those occasions.

Ms CHAPMAN: I indicate that the opposition supports the return of the bill with amendments and welcomes that.

Motion carried.

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