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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-11-29 Daily Xml
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Statutes Amendment (South Australian Employment Tribunal) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 15 November 2016.)

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (16:22): I thank honourable members for their contribution on this bill and the discussion that occurred. I look forward to progressing this through the committee stage.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. P. MALINAUSKAS: I thank honourable members who have contributed to the second reading debate on this bill. In particular, I would like to thank the Hon. Mr Darley and the Hon. Mr Lucas for their interest in this important reform. I understand that the minister has provided both members with a response to their inquiries and I look forward to their support in progressing this bill.

The South Australian Employment Tribunal (SAET) was established on the premise that the collective industrial relations skills and expertise of SAET's members and administration would, in the future, be utilised for resolving other employment-related disputes. The aim is that SAET will, as much as possible, be a one-stop shop for resolving disputes between employers and employees. The expanded SAET will confer a substantial benefit to the community by having a strong emphasis on being informal, affordable and outcome driven across all its proposed new jurisdictions. SAET's practices and procedures are informed by this ethos.

This will include clear, pre-trial resolution processes and the use of conciliation and mediation to resolve disputes where appropriate. In summary, this bill proposes to amend the South Australian Employment Tribunal Act 2014 and other legislation to expand SAET's jurisdiction, including:

to amend the SAET Act to give the SAET the powers and functions necessary to exercise the expanded range of proposed jurisdictions;

to confer on SAET jurisdiction over dust disease matters under the Dust Diseases Act 2005;

to confer on SAET the whole of the existing jurisdictions of the Industrial Relations Court of South Australia and of the Industrial Relations Commission of South Australia, and to make consequential changes to the Construction Industry Long Service Leave Act 1987, the Fair Work Act 1994, the Fire and Emergency Services Act 2005, the Industrial Referral Agreements Act 1986; the Long Service Leave Act 1987; the Public Sector Act 2009; the Training and Skills Development Act 2008; and the Work Health and Safety Act 2012;

to confer on SAET the jurisdiction of the Equal Opportunity Tribunal and the Equal Opportunity Act 1984;

to confer on SAET the jurisdictions of the Teachers Appeal Board and the teachers classification review panels and to make consequential changes to the Education Act 1972 and the Technical and Further Education Act 1975;

to confer on SAET part of the jurisdiction of the Police Review Tribunal and to make consequential changes to the Police Act 1998;

to confer on SAET the jurisdiction of the Public Sector Grievance Review Commission and to make consequential changes to the Public Sector Act 2009;

to confer on SAET criminal jurisdiction in respect of summary and minor indictable offences and to make consequential changes to the Summary Procedure Act 1921; and

to confer on SAET common law civil jurisdiction in respect of contractual disputes between employer and employee and common law claims for damages under part 5 of the Return to Work Act 2014.

I commend the bill to members.

The Hon. R.I. LUCAS: Mr Acting Chairman, I understand that we are going to adjourn at clause 1. I indicate that I have a six-page letter from minister Rau and I want to place on the public record his responses. Minister Malinauskas has just given a very brief summary which has obviously been prepared for him, which is no criticism of him. I need to compare his responses, so I will need to ask those questions again at clause 1. I advise the minister that I have a six-page letter and I would like to see the minister's responses to those questions placed on the record, and I forewarn him that I will ask those questions again at clause 1.

I do not know whether or not the Hon. Mr Darley similarly wants to have his answers placed on the record but I certainly want to have the answers placed on the record. I forewarn the minister and his officers to that effect. I have given an indication to the minister's office that we will complete the debate tomorrow, but I want to get those answers and there may be some subsequent questions resulting from that.

Progress reported; committee to sit again.

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