Public Sector Variation Regulations 2017 (SA)

South Australia

Public Sector Variation Regulations 2017

under the Public Sector Act 2009

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Public Sector Regulations 2010

4            Variation of regulation 27—Application for external review (section 62 of Act)

5            Variation of regulation 28—Conduct of review (section 62 of Act)

6            Variation of regulation 29—Witness fees

7           Revocation of regulation 30

Part 1—Preliminary

1—Short title

These regulations may be cited as the Public Sector Variation Regulations 2017.

2—Commencement

These regulations will come into operation on the day on which Part 18 of the Statutes Amendment (South Australian Employment Tribunal) Act 2016 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Public Sector Regulations 2010

4—Variation of regulation 27—Application for external review (section 62 of Act)

1. Regulation 27—delete "the appropriate review body" wherever occurring and substitute in each case:

   SAET

2. Regulation 27(6)—delete subregulation (6) and substitute:

   (6)SAET may extend a limitation of time under this regulation.

5—Variation of regulation 28—Conduct of review (section 62 of Act)

1. Regulation 28(1) to (4)—delete subregulations (1) to (4) (inclusive) and substitute:

   (1)This regulation applies in relation to proceedings under section 62 of the Act.

2. Regulation 28(5)—delete "the Commission" and substitute:

   SAET

3. Regulation 28(5)(b)—delete "the Commissioner" and substitute:

   SAET

4. Regulation 28(6)—delete subregulation (6) and substitute:

   (6)At the conclusion of a review, SAET must, at the request of a party to the review, provide the party with a statement of the reasons for SAET's decision on the review.

6—Variation of regulation 29—Witness fees

Regulation 29—delete "Despite section 162 of the Fair Work Act 1994, if" and substitute:

If

7—Revocation of regulation 30

Regulation 30—delete the regulation

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 16 May 2017

No 50 of 2017

MIR0009/17CS