Statutes Amendment (SACAT) Bill

Final Stages

The House of Assembly agreed to amendments Nos. 1 to 4, 7, 15 and 18 made by the Legislative Council without any amendment and disagreed to amendments Nos 5, 6, 8 to 14, 16 and 17 as indicated in the annexed schedule:

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

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

(11) The termination of a contract of employment under subsection (10) does not affect any right of action that a person employed under the contract may have against a Minister or the State on account of that te1mination, being a right that relates to the payment of compensation on account of the early termination of the contract.

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

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

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

85AA-Constitution of Tribunal

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

(a) section 16;

(b) section 29;

(c) section 79;

(d) section 81.

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

or

(c) in the case of designated proceedings- counsel under subsection (la).

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

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

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

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

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

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

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

(a) section 16;

(b) section 29;

(c) Part 11;

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

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

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

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

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

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

(8) The termination of a contract of employment under subsection (7) does not affect any right of action that a person employed under the contract may have against a Minister or the State on account of that termination, being a right that relates to the payment of compensation on account of the early te1mination of the contract.

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