Statutes Amendment (SACAT No 2) Act 2017 (SA)

South Australia

Statutes Amendment (SACAT No 2) Act 2017

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.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (SACAT No 2) Act 2017.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Adoption Act 19884Amendment of section 42 – Regulations

(1)
Section 42(2)(j)—delete "the institution, hearing and determination of proceedings" and substitute:
the vesting of jurisdiction in the South Australian Civil and Administrative Tribunal under the South Australian Civil and Administrative Tribunal Act 2013
(2)
Section 42(2)(k)—delete paragraph (k)

5Transitional Provisions

(1)
Any review of a decision of the Chief Executive under a scheme established by the regulations under section 42(2)(j) and (k) of the principal Act (as in existence immediately before the relevant day) initiated under those regulations before the relevant day will continue (including so as to provide for the constitution of an adoption board) and be completed as if this Act had not been enacted.
(2)
In this section—
principal Act means the Adoption Act 1988;
relevant day means the day on which this Part comes into operation.

Part 3Amendment of Advance Care Directives Act 20136Amendment of section 43 – Interpretation

Section 43, definition of eligible person, (d)—delete "that he or she" and substitute:
or the Tribunal that the person

7Amendment of section 51 – Orders of Tribunal in relation to substitute decision‑makers

(1)
Section 51(1)—after "If," insert:
of its own motion or
(2)
Section 51(1), after paragraph (c)—insert:
or
1. (ca)
  is in such default in the exercise of the person's powers under the advance care directive that, in the opinion of the Tribunal, the person is not fit to continue as a substitute decision‑maker,

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

Section 54(2)(b)—delete paragraph (b) and substitute:
(b)
the Tribunal may, if satisfied that urgent action is required in proceedings before the Tribunal, make an order (or any other decision) as a matter of urgency without complying with subsection (1), with effect for a period not exceeding 21 days as directed by the Tribunal.

Part 4Amendment of Agricultural and Veterinary Products (Control of Use) Act 20029Amendment of section 3 – Interpretation

Section 3(1)—after the definition of treat insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

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

Section 21(5)—delete subsection (5) and substitute:
(5)
An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Minister as to the refusal to pay compensation, or as to the amount of compensation, may seek a review of the determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(6)
An application for review may be made to the Tribunal—
(a)
in a case to which subsection (4) applies—within 28 days after the 28 day period referred to in that subsection; or
(b)
in any other case—within 28 days after the day on which notification of the determination was received.

11Amendment of section 30 – Compliance orders

(1)
Section 30(2)(e)—delete "appeal to the Administrative and Disciplinary Division of the District Court against the order" and substitute:
apply to the Tribunal for a review of the order
(2)
Section 30(4)(a)—delete "appeal to the Administrative and Disciplinary Division of the District Court against" and substitute:
apply to the Tribunal for a review of

12Amendment of section 31 – Review

(1)
Section 31(1)—delete "appeal to the Administrative and Disciplinary Division of the District Court against the order or a variation of the order" and substitute:
seek a review of the order or variation of the order by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013
(2)
Section 31(2)—delete subsection (2) and substitute:
(2)
An application for review may be made to the Tribunal within 28 days of the making of the order or variation.

13Amendment of section 43 – Regulations

Section 43(3)(c)—delete "appeals against" and substitute:
reviews of

14Transitional provisions

(1)
A right of appeal under section 21 or 31 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.
(2)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
(3)
In this section—
principal Act means the Agricultural and Veterinary Products (Control of Use) Act 2002;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 5Amendment of Animal Welfare Act 198515Amendment of section 3 – Interpretation

Section 3—after the definition of the Society insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

16Substitution of heading to Part 4 Division 3

Heading to Part 4 Division 3—delete the heading and substitute:
Division 3—Reviews

17Substitution of section 26

Section 26—delete the section and substitute:
26—Reviews of decisions of animal ethics committees
(1)
A right of review lies from a decision of an animal ethics committee under this Part to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(2)
An application for review may be made to the Tribunal within 1 month after the making of the relevant decision (or such longer period as the Tribunal may allow).
(3)
Before the Tribunal makes a decision on the review, the Committee must investigate the decision under review and furnish the Tribunal with a report on its investigations for consideration by the Tribunal.

18Amendment of section 27 – Reviews of decisions of Minister

(1)
Section 27(1) to (3) (inclusive)—delete subsections (1) to (3) (inclusive) and substitute:
1. (1)
  A right of review lies from a decision of the Minister under this Part to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
2. (2)
  Subject to subsection (5), an application for review may be made to the Tribunal within 1 month after the making of the relevant decision (or such longer period as the Tribunal may allow).
(2)
Section 27(5)—delete subsection (5) and substitute:
1. (5)
  If the reasons of the Minister were not given in writing at the time of making a decision or order and the applicant for review then requests the Minister to state the reasons in writing, the time for making the application for review to the Tribunal runs from the time when the applicant receives the written statement of those reasons.

19Transitional provisions

(1)
A right of appeal under section 26 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 proceedings may be commenced before the Tribunal rather than the Minister.
(2)
Nothing in this section affects any proceedings before the Minister commenced under section 26 of the principal Act before the relevant day.
(3)
A right of appeal under section 27 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 proceedings may be commenced before the Tribunal rather than the Supreme Court.
(4)
Nothing in this section affects any proceedings before the Supreme Court commenced under section 27 of the principal Act before the relevant day.
(5)
In this section—
principal Act means the Animal Welfare Act 1985;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 6Amendment of Aquaculture Act 200120Amendment of section 3 – Interpretation

Section 3—after the definition of suitable person insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

21Substitution of Part 9

Part 9—delete the Part and substitute:
Part 9—Reviews
60—Reviews
(1)
If—
(a)
an applicant for an aquaculture lease is dissatisfied with—
(i)
a decision of the Minister not to grant a corresponding licence; or
(ii)
a decision of the Minister fixing the conditions of a corresponding licence; or
(b)
an applicant for a corresponding licence is dissatisfied with a decision of the Minister not to grant the licence; or
(c)
an applicant for an aquaculture licence (other than a corresponding licence) is dissatisfied with—
(i)
a decision of the Minister not to grant the licence; or
(ii)
a decision of the Minister fixing the conditions of the licence; or
(d)
the holder of an aquaculture licence is dissatisfied with—
(i)
a decision of the Minister varying the conditions of the licence; or
(ii)
a decision of the Minister refusing to consent to the transfer or surrender of the licence; or
(iii)
a decision of the Minister to suspend or cancel the licence,
the applicant for the licence or lease, or the holder of the licence, (as the case may be), 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.
(2)
However, there is no right of review in relation to an application for a production licence or a corresponding licence if the application is made in response to a public call for applications and the application was not an application determined by the Minister under this Act to be a preferred application (see section 35(8)).
(3)
Subject to this section, an application for a review must be made within 1 month after the applicant receives notice of the relevant decision (or within such longer period as the Tribunal may allow).
(4)
The Minister must, on application by a person affected by a decision that may be the subject of a review by the Tribunal, state in writing the reasons for the Minister's decision.
(5)
If the reasons of the Minister are not given in writing at the time of making a decision and the person affected by the decision, within 1 month of the making of the decision, requires the Minister to state the Minister's reasons in writing, the time for applying for a review runs from the time when the person receives the written statement of those reasons.
(6)
For the purposes of this Part, a response made by the EPA to the Minister within the time allowed under Part 8 that the EPA does not approve the granting of a licence will be taken to be a decision of the Minister that the licence will not be granted and the EPA's reasons for its decision will be taken to be the Minister's reasons.
(7)
The EPA will be a party to a review of a decision of the Minister relating to any matter referred to the EPA under Part 8.

22Transitional provisions

(1)
A right to appeal to the Administrative and Disciplinary Division of the District Court under section 60 of the principal Act in relation to a matter 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 instead before the Tribunal.
(2)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day.
(3)
In this section—
principal Act means the Aquaculture Act 2001;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 7Amendment of Associations Incorporation Act 198523Amendment of section 3 – Interpretation

Section 3(1)—after the definition of transparency insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

24Amendment of section 17 – Secrecy

Section 17(2)—after paragraph (b) insert:
(ba)
in the course of proceedings before the Tribunal, produces a document to the Tribunal or divulges to the Tribunal any matter or thing coming under his or her notice in the performance of his or her official duties or in the performance of a function or exercise of a power referred to in subsection (1); or

25Amendment of section 50 – Reviews

(1)
Section 50(1) and (2)—delete subsections (1) and (2) and substitute:
(1)
Subject to this section, a person aggrieved by an act or decision of the Commission under this Act may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.
(2)
An application for review under subsection (1) must be made within 21 days after the relevant act or decision of the Commission.
(2)
Section 50(4)—delete "appeal" and substitute:
review
(3)
Section 50(4)—delete "Court" and substitute:
Tribunal
(4)
Section 50(5)—delete subsection (5) and substitute:
(5)
Section 71 of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to or in relation to a decision of the Tribunal under this section.
(6)
This section does not apply to or in relation to a decision of the Commission under section 41.

26Transitional provisions

(1)
A right of appeal under section 50 of the principal Act in existence before the relevant day (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 Tribunal rather than the Administrative and Disciplinary Division of the District Court.
(2)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
(3)
In this section—
principal Act means the Associations Incorporation Act 1985;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.

Part 8Amendment of Births, Deaths and Marriages Registration Act 199627Amendment of section 4 – Definitions

Section 4—after the definition of surrogacy order insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

28Amendment of section 10 – Execution of documents

(1)
Section 10(2)—delete "or an administrative authority" and substitute:
, tribunal or an administrative authority
(2)
Section 10(2)—after "court," second occurring insert:
tribunal,

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

Section 22—delete "Court" wherever occurring and substitute in each case:
Tribunal

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

(1)
Section 25(1b)—delete "Court" and substitute:
Tribunal
(2)
Section 25(2)(c)—delete "Court" and substitute:
Tribunal
(3)
Section 25(3)—delete "Court" and substitute:
Tribunal

31Amendment of section 27 – Registration of change of name

Section 27(2)—after "court" insert:
or tribunal

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

Section 33(2)—after "court" insert:
, tribunal

33Amendment of heading to Part 6 Division 2

Heading to Part 6 Division 2—after "Court" insert:
or Tribunal

34Amendment of section 34 – Application to Tribunal

Section 34—delete "Court" and substitute:
Tribunal

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

Section 35—after "court" wherever occurring insert in each case:
, tribunal

36Substitution of section 50

Section 50—delete the section and substitute:
50—Review
A person who is dissatisfied with a decision of the Registrar made in the performance or purported performance of functions under this Act may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.

37Transitional provisions

(1)
A right to make an application under section 22, 25 or 34, or seek a review under section 50, 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 Magistrates Court.
(2)
Nothing in this section affects any proceedings before the Magistrates Court commenced before the relevant day.
(3)
In this section—
principal Act means the Births, Deaths and Marriages Registration Act 1996;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.

Part 9Amendment of Conveyancers Act 199438Amendment of section 3 – Interpretation

(1)
Section 3(1), definition of Court—delete the definition
(2)
Section 3(1)—after the definition of spouse insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

39Substitution of section 7A

Section 7A—delete the section and substitute:
7A—Reviews
(1)
A person whose application for registration has been refused by the Commissioner may seek a review of the Commissioner's decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(2)
Subject to subsection (4), an application for review may be made to the Tribunal within 1 month after the making of the Commissioner's decision.
(3)
The Commissioner must, if so required by the person, state in writing the reasons for the Commissioner's decision.
(4)
If the reasons are not given in writing at the time of the making of the Commissioner's 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.

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

(1)
Section 9AA(4)—delete "appeal to the Court against the decision of the Commissioner to cancel or suspend the registration or to impose the conditions" and substitute:
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 cancel or suspend the registration or to impose the conditions
(2)
Section 9AA(5)—delete subsection (5) and substitute:
1. (5)
  Subject to subsection (7), an application for review may be made to the Tribunal within 1 month after the making of the relevant decision.
(3)
Section 9AA(6)—delete "appellant" and substitute:
person
(4)
Section 9AA(7) and (8)—delete subsections (7) and (8) and substitute:
1. (7)
  If the reasons of the Commissioner are not given in writing at the time of the making of 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.

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

Section 16—after "a court" wherever occurring insert in each case:
or the Tribunal

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

(1)
Section 21(1)—delete "Court" and substitute:
Tribunal
(2)
Section 21(2)—delete "Court" and substitute:
Tribunal

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

Section 22(1)—delete "appeal to the Court against the appointment" and substitute:
seek a review of the appointment by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013

44Amendment of section 33 – Limitation of claims

Section 33(2)—delete "Court" and substitute:
Tribunal

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

(1)
Section 37(1)—delete subsection (1) and substitute:
1. (1)
  The claimant or the conveyancer or former conveyancer by whom the fiduciary default was committed or to whom the fiduciary default relates may seek a review of the Commissioner's determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
2. (1a)
  An application for review may be made to the Tribunal within 3 months after the person receives notice of the determination.
(2)
Section 37(2)—delete "appeal is not instituted" and substitute:
application for review is not made

46Amendment of section 46 – Complaints

Section 46—delete "Court" and substitute:
Tribunal

47Amendment of section 47 – Hearing by Tribunal

(1)
Section 47(1)—delete "Court" and substitute:
Tribunal
(2)
Section 47(2)—delete "Court" wherever occurring and substitute in each case:
Tribunal

48Substitution of section 48

Section 48—delete the section and substitute:
48—Participation of assessors in disciplinary proceedings
(1)
For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of—
(a)
persons representative of conveyancers; and
(b)
persons representative of members of the public who deal with conveyancers,
who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this Part.
(2)
In any proceedings under this Part, the Tribunal may, if the President so determines, sit with 1 or more assessors from the panel.
(3)
In this section—
President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.

49Amendment of section 49 – Disciplinary action

(1)
Section 49(1)—delete "Court" and substitute:
Tribunal
(2)
Section 49(2)—delete "Court" and substitute:
Tribunal

50Amendment of section 50 – Contravention of orders

(1)
Section 50(1)—delete "Court" and substitute:
Tribunal
(2)
Section 50(2)—delete "Court" and substitute:
Tribunal

51Amendment of section 55 – Commissioner and proceedings before Tribunal

(1)
Section 55(1)—delete "Court" and substitute:
Tribunal
(2)
Section 55—after subsection (2) insert:
1. (3)
  Subsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.

52Repeal of Schedule 1

Schedule 1—delete the Schedule

53—Transitional provisions

(1)
A right of appeal under 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.
(2)
A right to lodge a complaint under section 46 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 complaint may be lodged with the Tribunal rather than the Administrative and Disciplinary Division of the District Court.
(3)
A decision or order of the Administrative and Disciplinary Division of the District Court under Part 5 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.
(4)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
(5)
A member of each panel of persons who may sit as assessors established under Schedule 1 of the principal Act (as in existence immediately before the relevant day) ceases to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.
(6)
In this section—
principal Act means the Conveyancers Act 1994;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

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)
(1)
Section 9(3)(b)—delete paragraph (b) and substitute:
(b)
the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013 is specified for the purposes of Chapter 7 Part 3 of that Law.
(2)
Section 9—after subsection (3) insert:
(4)
In conjunction with the operation of subsection (3)(b)—
(a)
a reference in Chapter 7 Part 3 of the Co-operatives National Law (South Australia) to making an appeal will be taken to be a reference to applying to the South Australian Civil and Administrative Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the relevant decision; and
(b)
an application for review must be made within the time prescribed by the local regulations.

55—Transitional provisions

(1)
A right of appeal under Chapter 7 Part 3 of the Co-operatives National Law (South Australia) in existence before the relevant day (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 Tribunal rather than the District Court.
(2)
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(3)
In this section—
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 11—Amendment of Crown Land Management Act 2009

56—Amendment of section 3—Interpretation

(1)
Section 3(1), definition of Court, (b)—delete ", 41 and 67" and substitute:
and 41
(2)
Section 3(1), definition of Court, (c)—delete paragraph (c)
(3)
Section 3(1)—after the definition of statutory encumbrance insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

57—Substitution of heading to Part 5 Division 2

Heading to Part 5 Division 2—delete the heading and substitute:
Division 2—Valuation reviews by Minister

58—Insertion of heading to Part 5 Division 2A

After section 66 insert:
Division 2A—Valuation reviews and other reviews by Tribunal

59—Amendment of section 67—Valuation reviews

(1)
Section 67(1)—delete "appeal to the Court against the determination" and substitute:
seek a review of the determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013
(2)
Section 67(2) and (3)—delete subsections (2) and (3) and substitute:
(2)
Without limiting the powers of the Tribunal, a variation made by the Tribunal on a review under subsection (1) may consist of an increase or decrease in the valuation to which the review relates.
(3)
An order for costs cannot be made against an applicant for review unless the Tribunal is satisfied that the applicant's conduct in relation to the proceedings was frivolous, vexatious or calculated to cause delay.

60—Repeal of heading to Part 5 Division 3

Heading to Part 5 Division 3—delete the heading

61—Substitution of section 68

Section 68—delete the section and substitute:
68—Other reviews
(1)
A person who has applied for a review under section 65 (other than a review under section 65(1)(a)) and who is dissatisfied with the determination made, or taken to have been made, on the review may seek a review of the Minister's determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(2)
Subject to subsection (3), an application for review may be made to the Tribunal—
(a)
if the Minister is taken to have confirmed the determination or other matter the subject of the review under section 65(6)—within 21 days after the date of such confirmation; or
(b)
in any other case—within 21 days after notice of the determination on the Minister's review is given to the person.
(3)
If the reasons of the Minister are not given to the person in writing at the time of making the determination and the person (within the period specified in subsection (2) as the time within which an application for review to the Tribunal may be made) requires the Minister to state the reasons in writing—
(a)
the Minister must state in writing the reasons for the determination; and
(b)
the time for making the application for review to the Tribunal runs from the time at which the person receives the written statement of those reasons.
(4)
An order for costs cannot be made against an applicant for review unless the Tribunal is satisfied that the proceeding is one to which section 48 of the South Australian Civil and Administrative Tribunal Act 2013 applies.

62—Transitional provisions

(1)
A right of appeal under section 67 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 Land and Valuation Court.
(2)
A right of appeal under section 68 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.
(3)
Nothing in this section affects any proceedings before the Land and Valuation Court or the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
(4)
In this section—
principal Act means the Crown Land Management Act 2009;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 12—Amendment of Electricity Act 1996

63—Amendment of section 4—Interpretation

Section 4(1)—after the definition of transmission or distribution network insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
64—Amendment of section 35A—Price regulation by Commission
Section 35A(4)—delete "or an appeal"

65—Amendment of heading to Part 8

Heading to Part 8—delete "and appeals"

66—Substitution of section 76

Section 76—delete the section and substitute:
76—Review by Tribunal
(1)
An application may be made to the Tribunal by—
(a)
an applicant for review under section 75 who is dissatisfied with a decision as confirmed, amended or substituted by the Commission or the Technical Regulator on the review; or
(b)
a person to whom an enforcement notice has been issued under Part 7 Division A3,
for a review of the decision or notice under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(2)
An application for review must be made—
(a)
in the case of an application for review under subsection (1)(a)—within 10 working days after receipt of the written notice of the decision of the Commission or the Technical Regulator on the review under section 75 or, if the Commission or the Technical Regulator failed to make a decision on the review within the allowed period, within 10 working days after the end of that period; and
(b)
in the case of an application for review under subsection (1)(b)—within 10 working days after the notice is issued to the relevant person.
(3)
For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with knowledge of, or experience in, the electricity supply industry or the fields of commerce or economics.
(4)
In any proceedings under this section, the Tribunal will, if the President of the Tribunal so determines, sit with 1 or more assessors.
(5)
Section 37(1)(c)(i) of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to a review by the Tribunal under subsection (1)(a).
67—Amendment of section 77—Minister's power to intervene
Section 77—delete "or appeal"

68—Repeal of Schedule 1A

Schedule 1A—delete the Schedule

69—Transitional provisions

(1)
A right of appeal to the District Court under section 76 of the principal Act in existence before the relevant day (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 Tribunal rather than the Court.
(2)
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(3)
A member of the expert panel holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (and no right of action will arise against a Minister or the State on account of that termination).
(4)
In this section—
expert panel means the panel established under Schedule 1A of the principal Act as in force immediately before the relevant day;
principal Act means the Electricity Act 1996;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 13—Amendment of Emergency Services Funding Act 1998

70—Amendment of section 3—Interpretation

Section 3(1)—after the definition of owner insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
71—Amendment of section 5A—Application for aggregation of non contiguous land
Section 5A(5) and (6)—delete subsections (5) and (6) and substitute:
(5)
The applicant 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 under this section.
(6)
An application for review must be made within 28 days after the notice is served on the applicant under subsection (4).
72—Amendment of section 9—Objection to attribution of use to land
Section 9(4)—delete subsection (4) and substitute:
(4)
An objector who is dissatisfied with the Minister's decision 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.
(4a)
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
Section 13(3)—delete subsection (3) and substitute:
(3)
The Commissioner must notify the applicant in writing of the Commissioner's decision, and if the application is refused, the notice must include the Commissioner's reasons for refusing the application.
(4)
An applicant who is dissatisfied with the decision of the Commissioner on the application may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Commissioner's decision.
(5)
An application for review must be made within 21 days after notification of the Commissioner's decision under subsection (3).
74—Amendment of section 21—Recovery of levy not affected by objection or review
(1)
Section 21(1)(a)—delete ", review or appeal" and substitute:
or review
(2)
Section 21(1)(b)—delete "appeal" and substitute:
review
(3)
Section 21(2)—delete ", review or appeal" and substitute:
or review
(4)
Section 21(2)(b)—delete ", review or appeal" and substitute:
or review
(5)
Section 21(2)(c)—delete ", review or appeal" and substitute:
or review
(6)
Section 21(2)(d)—delete ", review or appeal" and substitute:
or review
75—Amendment of section 26—Objection to classification of vehicle
Section 26(4)—delete subsection (4) and substitute:
(4)
An objector who is dissatisfied with the Minister's decision 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.
(4a)
An application for review must be made within 21 days after notification of the Minister's decision to the objector.

76—Transitional provisions

(1)
A right of appeal or review under section 5A, 9, 13 or 26 of the principal Act in existence before the relevant day (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 Tribunal rather than the Supreme Court, Land and Valuation Court or District Court (as the case may be).
(2)
Nothing in this section affects any proceedings before the Supreme Court, Land and Valuation Court or District Court commenced before the relevant day.
(3)
In this section—
principal Act means the Emergency Services Funding Act 1998;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 14—Amendment of Environment Protection Act 1993
77—Amendment of section 103V—Accreditation of site contamination auditors
(1)
Section 103V(2)(i)—delete "appeals to the Administrative and Disciplinary Division of the District Court against" and substitute:
reviews by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of
(2)
Section 103V—after subsection (3) insert:
(4)
In this section—
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 15—Amendment of Environment Protection (Sea Dumping) Act 1984
78—Amendment of section 16—Suspension and revocation of permits
Section 16(3)—delete "appeal" and substitute:
review

79—Substitution of section 27

Section 27—delete the section and substitute:
27—Review of decision to refuse permit
(1)
A person may seek a review by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of a decision of the Minister—
(a)
to refuse to grant a permit under this Act; or
(b)
to vary, suspend or revoke a permit under this Act.
(2)
An application for review may be made to the Tribunal within 30 days after the date of the decision (or such longer period as the Tribunal may allow).
(3)
In this section—
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

80—Transitional provisions

(1)
A right of appeal under section 27 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 proceedings may be commenced before the Tribunal rather than the Supreme Court.

(2)
Nothing in this section affects any proceedings before the Supreme Court commenced before the relevant day.
(3)
In this section—
principal Act means the Environment Protection (Sea Dumping) Act 1984;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 16—Amendment of Essential Services Commission Act 2002

81—Amendment of section 3—Interpretation

Section 3—after the definition of relevant industry regulation Act insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

82—Amendment of heading to Part 6

Heading to Part 6—delete "and appeals"

83—Amendment of section 32—Review by Tribunal

(1)
Section 32(1) and (2)—delete subsections (1) and (2) and substitute:
(1)
The applicant for a review by the Commission under section 31, or any other party to the review who made submissions on the review, who is dissatisfied with the price determination or decision as confirmed, varied or substituted by the Commission on the review may apply to the Tribunal for a review of the determination or decision under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(2)
For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with knowledge of, or experience in, a regulated industry or the fields of commerce or economics.
(2a)
In any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors.
(2)
Section 32(3)—delete "appeal must be made" and substitute:
application for review by the Tribunal must be made to the Tribunal
(3)
Section 32(3)(a)—after "decision" insert:
of the Commission
(4)
Section 32(3)—delete "(which period cannot be extended)" and substitute:
(or within such longer period as the Tribunal may allow)
(5)
Section 32(4)—delete subsection (4) and substitute:
(4)
If an application for review by the Tribunal is made under this section, any other party to the review by the Commission who made submissions on the review must be given notice of the application for review and may apply to be joined as a party to the review by the Tribunal.
(6)
Section 32(5)—delete "Court" wherever occurring and substitute in each case:
Tribunal
(7)
Section 32(6) to (8)—delete subsections (6) to (8) (inclusive) and substitute:
(6)
Section 37(1)(b) and (c)(i) of the South Australian Civil and Administrative Tribunal Act 2013 do not apply to a review by the Tribunal under this section.

84—Repeal of Schedule 1

Schedule 1—delete the Schedule

85—Transitional provisions

(1)
A right of appeal under section 32 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 that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.
(2)
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(3)
A member of the expert panel holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.
(4)
In this section—
expert panel means the panel established under Schedule 1 of the principal Act as in force immediately before the relevant day;
principal Act means the Essential Services Commission Act 2002;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 17—Amendment of Fisheries Management Act 2007

86—Amendment of section 3—Interpretation

Section 3(1)—after the definition of total allowable commercial catch insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
87—Amendment of section 111—Review of certain decisions of Minister
Section 111(1)—after "review" insert:
(an internal review)

88—Substitution of heading to Part 9 Division 2

Heading to Part 9 Division 2—delete the heading and substitute:
Division 2—External review

89—Substitution of section 112

Section 112—delete the section and substitute:
112—External review
(1)
An applicant for an internal review under Division 1 who is not satisfied with the decision of the Minister on the 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.
(2)
An application for a review by the Tribunal must be made within 28 days after the applicant receives the written statement of the reasons for making the decision that is to be the subject of a review by the Tribunal.

90—Amendment of section 124—Confidentiality

Section 124(4)—after "a court" insert:
or the Tribunal

91—Transitional provisions

(1)
A right of appeal to the Administrative and Disciplinary Division of the District Court under section 112 of the principal Act in relation to a matter 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 instead before the Tribunal.
(2)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day.
(3)
In this section—
principal Act means the Fisheries Management Act 2007;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 18—Amendment of Food Act 2001

92—Amendment of section 4—Definitions

(1)
Section 4(1), definition of appropriate review body—delete the definition
(2)
Section 4(1)—after the definition of sell insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

93—Amendment of section 35—Review of order

Section 35(5)—delete "appropriate review body" and substitute:
Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013
94—Amendment of section 51—Review of decision to refuse certificate of clearance
Section 51(1)—delete "appropriate review body" and substitute:
Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013

95—Amendment of section 52—Review of order

Section 52(4)—delete "appropriate review body" and substitute:
Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013
96—Amendment of section 65—Review of decisions relating to approval
Section 65(1)—delete "appropriate review body" and substitute:
Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013
97—Amendment of section 71—Review of decisions relating to approval
Section 71(1)—delete "appropriate review body" and substitute:
Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013
98—Amendment of section 77—Review of decisions relating to approvals
Section 77(1)—delete "appropriate review body" and substitute:
Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013

99—Transitional provisions

(1)
A right of review under section 35, 51, 52, 65, 71 or 77 of the principal Act in existence before the relevant day (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 Tribunal rather than the District Court.
(2)
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(3)
In this section—
principal Act means the Food Act 2001;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 19—Amendment of Gas Act 1997

100—Amendment of section 4—Interpretation

Section 4(1)—after the definition of transmission pipeline insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
101—Amendment of section 33—Price regulation by determination of Commission
Section 33(4)—delete "or an appeal"

102—Amendment of heading to Part 7

Heading to Part 7—delete "and appeals"

103—Substitution of section 72

Section 72—delete the section and substitute:
72—Review by Tribunal
(1)
An application may be made to the Tribunal by—
(a)
an applicant for review under section 71 who is dissatisfied with a decision as confirmed, amended or substituted by the Commission or the Technical Regulator on the review; or
(b)
a person to whom an enforcement notice has been issued under Part 6 Division A3,
for a review of the decision or notice under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(2)
An application for review must be made—
(a)
in the case of an application for review under subsection (1)(a)—within 10 working days after receipt of the written notice of the decision of the Commission or the Technical Regulator on the review under section 71 or, if the Commission or the Technical Regulator failed to make a decision on the review within the allowed period, within 10 working days after the end of that period; and
(b)
in the case of an application for review under subsection (1)(b)—within 10 working days after the notice is issued to the relevant person.
(3)
For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with knowledge of, or experience in, the gas supply industry or the fields of commerce or economics.
(4)
In any proceedings under this section, the Tribunal will, if the President of the Tribunal so determines, sit with 1 or more assessors.
(5)
Section 37(1)(c)(i) of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to a review by the Tribunal under subsection (1)(a).
104—Amendment of section 73—Minister's power to intervene
Section 73—delete "or appeal"

105—Repeal of Schedule 3

Schedule 3—delete the Schedule

106—Transitional provisions

(1)
A right of appeal to the District Court under section 72 of the principal Act in existence before the relevant day (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 Tribunal rather than the Court.
(2)
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(3)
A member of the expert panel holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (and no right of action will arise against a Minister or the State on account of that termination).
(4)
In this section—
expert panel means the panel established under Schedule 3 of the principal Act as in force immediately before the relevant day;
principal Act means the Gas Act 1997;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 20—Amendment of Guardianship and Administration Act 1993

107—Amendment of section 29—Guardianship orders

Section 29—after subsection (2) insert:
(2a)
The Tribunal may appoint a person (other than the Public Advocate) to be an alternative guardian who is, in accordance with section 31B, to take over full or limited guardianship, as the case may be, in the event of the death, absence or incapacity of a particular guardian (the original guardian).

108—Insertion of section 31B

After section 31A insert:
31B—Alternative guardian
(1)
If an alternative guardian is appointed under section 29(2a) in relation to a protected person, the following applies on the death, absence or incapacity of the original guardian:
(a)
the alternative guardian takes over full or limited guardianship, as the case may be, of the protected person without further proceedings;
(b)
the alternative guardian has the same powers and duties with respect to the protected person as the original guardian had immediately before the original guardian's death, absence or incapacity.
(2)
A person who takes over guardianship under subsection (1) must, as soon as practicable after becoming aware of the circumstances of the death, absence or incapacity of the original guardian, notify the Tribunal in writing of that fact and include any relevant documentary evidence of the circumstances.
109—Amendment of section 33—Applications under this Division
(1)
Section 33(1)(ca)—delete paragraph (ca)
(2)
Section 33(1)(e)—delete paragraph (e) and substitute:
(e)
subject to subsection (1a)—
(i)
a person responsible for the person; or
(ii)
any other person who satisfies the Tribunal that they have a proper interest in the welfare of the person.
(3)
Section 33—after subsection (1) insert:
(1a)
Subsection (1)(e) applies subject to the following qualifications:
(a)
an application for an order under section 30 may not be made by a person referred to in subsection (1)(e) unless the person satisfies the Tribunal that the reason for the application is a change in the circumstances of—
(i)
the person to whom the guardianship order applies; or
(ii)
the appointed guardian (not being the Public Advocate);
(b)
an application for an order under section 32(5) may not be made by a person referred to in subsection (1)(e) unless the person satisfies the Tribunal that the reason for the application is a change in the circumstances of the person to whom the relevant order under section 32(1) applies.
110—Amendment of section 37—Applications under this Division
(1)
Section 37(1)(ca)—delete paragraph (ca)
(2)
Section 37(1)(e)—delete paragraph (e) and substitute:
(e)
subject to subsection (1a)—
(i)
a person responsible for the person; or
(ii)
any other person who satisfies the Tribunal that they have a proper interest in the welfare of the person.
(3)
Section 37—after subsection (1) insert:
(1a)
An application for an order under section 36 may not be made by a person referred to in subsection (1)(e) unless the person satisfies the Tribunal that the reason for the application is a change in the circumstances of—
(a)
the person to whom the administration order applies; or
(b)
the appointed administrator (not being the Public Trustee).
111—Amendment of section 39—Powers and duties of administrator
Section 39—after subsection (3) insert:
(3a)
The regulations may provide that powers or duties of an administrator specified by the regulations must be exercised in accordance with the regulations (and such regulations may provide that a specified power or duty may not be exercised without the approval of the Tribunal).
112—Amendment of section 44—Reporting requirements for private administrators
(1)
Section 44(1)—delete subsection (1) and substitute:
(1)
An administrator of a protected person's estate (other than the Public Trustee) must, at such times as the Tribunal determines, provide—
(a)
the Public Trustee; and
(b)
at the request of the Tribunal—the Tribunal,
with a statement of the accounts of the estate, showing—
(c)
the assets and liabilities of the estate; and
(d)
the income and expenditure of the estate over a specified period; and
(e)
such other particulars relating to the estate as the Public Trustee may require.
(2)
Section 44(7)—after "copy of" insert:
the following documents (which, if not in the possession of the Tribunal, must be obtained from the Public Trustee by the Tribunal for the purposes of providing that access):
(3)
Section 44(7)—delete "; and" wherever occurring and substitute:
;

113—Amendment of section 64—Reviews and appeals

Section 64(i)—before "a decision" insert:
an appeal against

Part 21—Amendment of Harbors and Navigation Act 1993

114—Amendment of section 4—Interpretation

Section 4(1)—after the definition of speed insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
115—Amendment of section 28F—Power to deal with non-compliance
Section 28F(5) and (6)—delete subsections (5) and (6) and substitute:
(5)
A port operator 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 Minister to take disciplinary action against the port operator under this section.
(5a)
For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with expertise that would be of value to the Tribunal in relation to the proceedings.
(5b)
In any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors.
(5c)
Section 37(1)(c)(ii) of the South Australian Civil and Administrative Tribunal Act 2013 does not apply in relation to a review of a decision of the Minister to take disciplinary action against a port operator under this section.
116—Amendment of section 80—Review of administrative decisions
Section 80(3)—delete subsection (3) and substitute:
(3)
If the applicant is dissatisfied with the decision made on the review, the applicant may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.

117—Transitional provisions

(1)
A right to appeal to the Court of Marine Enquiry under section 28F of the principal Act in relation to a matter 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 instead before the Tribunal.
(2)
A right to a review by the Court of Marine Enquiry under section 80(3) of the principal Act in relation to a matter 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 instead before the Tribunal.
(3)
Nothing in this section affects any proceedings before the Court of Marine Enquiry commenced under the principal Act before the relevant day.
(4)
In this section—
principal Act means the Harbors and Navigation Act 1993;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 22—Amendment of Historic Shipwrecks Act 1981

118—Amendment of section 3—Interpretation

Section 3(1)—after the definition of territorial waters of the State insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
119—Amendment of section 11—Power of Minister to give directions in relation to custody of historic shipwrecks and relics
Section 11(6)—delete subsection (6) and substitute:
(6)
If the Minister decides to give a person a notice under subsection (1), the person may, within 1 month after receiving the notice (or such longer period as the Tribunal may allow), seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.

120—Transitional provisions

(1)
A right to appeal to the Administrative and Disciplinary Division of the District Court under section 11 of the principal Act in relation to a matter 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 instead before the Tribunal.
(2)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day.
(3)
In this section—
principal Act means the Historic Shipwrecks Act 1981;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 23—Amendment of Housing Improvement Act 2016

121—Repeal of section 41

Section 41—delete the section

Part 24—Amendment of Land Acquisition Act 1969

122—Substitution of section 12A

Section 12A—delete the section and substitute:
12A—Right of review
(1)
A person who makes a request under section 12 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 a review of the Authority's decision.
(2)
An application for review under subsection (1) must be made within 7 days of service on the person of the notice of the Authority's decision to refuse.
(3)
The Tribunal must complete its proceedings on a review within 14 days of the application being made under subsection (1).
(4)
The merits or otherwise of the undertaking to which the proposed acquisition relates cannot be called into question in a review under this section.
(5)
Section 71 of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to or in relation to a decision of the Tribunal under this section.
(6)
In this section—
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

123—Transitional provisions

(1)
A right of review under section 12A of the principal Act in existence before the relevant day (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 Tribunal rather than by making application to the Minister under that section.
(2)
Nothing in subsection (1) affects any proceedings arising from an application made under section 12A of the principal Act before the relevant day.
(3)
In this section—
principal Act means the Land Acquisition Act 1969;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 25—Amendment of Land Agents Act 1994

124—Amendment of section 3—Interpretation

(1)
Section 3, definition of Court—delete the definition
(2)
Section 3—after the definition of sell insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

125—Substitution of section 8D

Section 8D—delete the section and substitute:
8D—Reviews
(1)
A person whose application for registration has been refused by the Commissioner may seek a review of the Commissioner's decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(2)
Subject to subsection (4), an application for review may be made to the Tribunal within 1 month after the making of the Commissioner's decision.
(3)
The Commissioner must, if so required by the person, state in writing the reasons for the Commissioner's decision.
(4)
If the reasons of the Commissioner are not given in writing at the time of the making of the Commissioner's 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.
126—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.
127—Amendment of section 11C—Commissioner may cancel, suspend or impose conditions on registration
(1)
Section 11C(4)—delete "appeal to the Court against the decision of the Commissioner to cancel or suspend the registration or to impose the conditions" and substitute:
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 cancel or suspend the registration or to impose the conditions
(2)
Section 11C(5)—delete subsection (5) and substitute:
(5)
Subject to subsection (7), an application for review may be made to the Tribunal within 1 month after the making of the relevant decision.
(3)
Section 11C(6)—delete "appellant" and substitute:
person
(4)
Section 11C(7) and (8)—delete subsections (7) and (8) and substitute:
(7)
If the reasons of the Commissioner are not given in writing at the time of the making of 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.
128—Amendment of section 14—Withdrawal of money from trust account
Section 14—after "a court" wherever occurring insert in each case:
or the Tribunal
129—Amendment of section 19—Term of appointment of administrator or temporary manager
(1)
Section 19(1)—delete "Court" and substitute:
Tribunal
(2)
Section 19(2)—delete "Court" and substitute:
Tribunal
130—Amendment of section 20—Review of appointment of administrator or temporary manager
Section 20(1)—delete "appeal to the Court against the appointment" and substitute:
seek a review of the appointment by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013

131—Amendment of section 31—Limitation of claims

Section 31(2)—delete "Court" and substitute:
Tribunal
132—Amendment of section 35—Review of Commissioner's determination
(1)
Section 35(1)—delete subsection (1) and substitute:
(1)
The claimant or the agent or former agent by whom the fiduciary default was committed or to whom the fiduciary default relates may seek a review of the Commissioner's determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(1a)
An application for review may be made to the Tribunal within 3 months after the person receives notice of the determination.
(2)
Section 35(2)—delete "appeal is not instituted" and substitute:
application for review is not made

133—Amendment of section 44—Complaints

Section 44—delete "Court" and substitute:
Tribunal

134—Amendment of section 45—Hearing by Tribunal

(1)
Section 45(1)—delete "Court" and substitute:
Tribunal
(2)
Section 45(2)—delete "Court" wherever occurring and substitute in each case:
Tribunal

135—Substitution of section 46

Section 46—delete the section and substitute:
46—Participation of assessors in disciplinary proceedings
(1)
For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of—
(a)
persons representative of agents; and
(b)
persons representative of members of the public who deal with agents,
who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this Part.
(2)
In any proceedings under this Part, the Tribunal may, if the President so determines, sit with 1 or more assessors from the panel.
(3)
In this section—
President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.

136—Amendment of section 47—Disciplinary action

(1)
Section 47(1)—delete "Court" and substitute:
Tribunal
(2)
Section 47(1a)—delete "Court" wherever occurring and substitute in each case:
Tribunal
(3)
Section 47(1b)—delete "Court" wherever occurring and substitute in each case:
Tribunal
(4)
Section 47(2)—delete "Court" and substitute:
Tribunal
137—Amendment of section 48—Contravention of orders
(1)
Section 48(1)—delete "Court" and substitute:
Tribunal
(2)
Section 48(2)—delete "Court" and substitute:
Tribunal
138—Amendment of section 53—Commissioner and proceedings before Tribunal
(1)
Section 53(1)—delete "Court" and substitute:
Tribunal
(2)
Section 53—after subsection (2) insert:
(3)
Subsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.

139—Repeal of Schedule 1

Schedule 1—delete the Schedule
140—Amendment of Schedule 2A—Special provisions relating to G.C. Growden Pty Ltd
(1)
Schedule 2A, clause 3(3)—delete "Court" and substitute:
Tribunal
(2)
Schedule 2A, clause 4(5)—delete "appeal to the Court against the determination" and substitute:
seek a review of the determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013

141—Transitional provisions

(1)
A right of appeal under 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.
(2)
A right to lodge a complaint under section 44 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 complaint may be lodged with the Tribunal rather than the Administrative and Disciplinary Division of the District Court.
(3)
A decision or order of the Administrative and Disciplinary Division of the District Court under Part 4 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.
(4)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
(5)
A member of each panel of persons who may sit as assessors established under Schedule 1 of the principal Act (as in existence immediately before the relevant day) ceases to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.
(6)
In this section—
principal Act means the Land Agents Act 1994;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 26—Amendment of Land Valuers Act 1994

142—Amendment of section 3—Interpretation

(1)
Section 3, definition of Court—delete the definition
(2)
Section 3—after the definition of land insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

143—Amendment of section 8—Complaints

Section 8—delete "Court" and substitute:
Tribunal

144—Amendment of section 9—Hearing by Tribunal

(1)
Section 9(1)—delete "Court" and substitute:
Tribunal
(2)
Section 9(2)—delete "Court" wherever occurring and substitute in each case:
Tribunal

145—Substitution of section 10

Section 10—delete the section and substitute:
10—Participation of assessors in disciplinary proceedings
(1)
For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of—
(a)
persons representative of land valuers; and
(b)
persons representative of members of the public who deal with land valuers,
who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this Act.
(2)
In any proceedings under this Act, the Tribunal may, if the President so determines, sit with 1 or more assessors from the panel.
(3)
In this section—
President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.

146—Amendment of section 11—Disciplinary action

(1)
Section 11(1)—delete "Court" and substitute:
Tribunal
(2)
Section 11(2)—delete "Court" and substitute:
Tribunal
147—Amendment of section 12—Contravention of orders
(1)
Section 12(1)—delete "Court" and substitute:
Tribunal
(2)
Section 12(2)—delete "Court" and substitute:
Tribunal
148—Amendment of section 14—Commissioner and proceedings before Tribunal
(1)
Section 14(1)—delete "Court" and substitute:
Tribunal
(2)
Section 14—after subsection (2) insert:
(3)
Subsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.

149—Repeal of Schedule 1

Schedule 1—delete the Schedule
150—Amendment of Schedule 2—Transitional provisions
Schedule 2, subclause (1)—delete subclause (1) and substitute:
(1)
If, under Schedule 2 subclause (1) as in force immediately before the commencement of this subclause, an order had effect as if it were an order of the Administrative and Disciplinary Division of the District Court, the order will, on and from that commencement—
(a)
have effect under this Act as if it were an order of the Tribunal; and
(b)
be subject to the same terms and conditions as applied immediately before that commencement.

151—Transitional provisions

(1)
A right to lodge a complaint under section 8 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 complaint may be lodged with the Tribunal rather than the Administrative and Disciplinary Division of the District Court.
(2)
A decision or order of the Administrative and Disciplinary Division of the District Court under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.
(3)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
(4)
A member of each panel of persons who may sit as assessors established under Schedule 1 of the principal Act (as in existence immediately before the relevant day) ceases to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.
(5)
In this section—
principal Act means the Land Valuers Act 1994;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 27—Amendment of Livestock Act 1997

152—Amendment of section 3—Interpretation—general

Section 3(1)—after the definition of sell insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

153—Substitution of section 51

Section 51—delete the section and substitute:
51—Review of Chief Inspector's determination of claim
(1)
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.
(2)
An application cannot be made under subsection (1) 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.
(3)
An application for review must be made within 21 days of receipt of the notice of the Chief Inspector's determination.
(4)
For the purposes of proceedings under this section, the following panels of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013:
(a)
a panel consisting of persons who have experience or qualifications in valuing livestock or property that may be subject to the operation of this Act;
(b)
a panel consisting of persons who have experience or qualifications relevant to managing or dealing with the outbreak or suspected outbreak of exotic diseases in 1 or more sectors of the livestock industry.
(5)
In any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with assessors selected by the Minister.

154—Amendment of section 72—Compliance notices

Section 72(2)(e)—delete paragraph (e) and substitute:
(e)
must state that the person may, within 14 days, apply to the Tribunal for a review of the notice under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.

155—Substitution of heading to Part 9

Heading to Part 9—delete the heading and substitute:
Part 9—Reviews

156—Amendment of section 73—Reviews

(1)
Section 73(1)—delete "An appeal to the Administrative and Disciplinary Division of the District Court may be made" and substitute:
An application for review by the Tribunal may be made
(2)
Section 73(4)—delete subsection (4) and substitute:
(4)
An application for review must be made—
(a)
in the case of an application that relates to a decision of the Chief Inspector—
(i)
within 1 month of the making of the decision; or
(ii)
if a request for reasons in writing for the decision has been made under subsection (3)—within 1 month of the receipt of the reasons in writing; or
(b)
in the case of an application that relates to a decision to issue a compliance notice—within 14 days of receipt of the notice.

157—Amendment of section 88—Regulations

(1)
Section 88(3)(c)—delete "(and provide for appeals against such determinations)"
(2)
Section 88—after subsection (3) insert:
(4)
The regulations may confer jurisdiction on the Tribunal to review any determination made under the regulations.

158—Transitional provisions

(1)
A right of appeal under section 51 of the principal Act in existence before the relevant day (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 Tribunal rather than by making application to the Minister under that section.
(2)
Nothing in subsection (1) affects any proceedings arising from an application made under section 51 of the principal Act before the relevant day.
(3)
A right of appeal under section 73 of the principal Act in existence before the relevant day (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 Tribunal rather than the District Court.

(ii)
that a reference to the decision-maker for a reviewable decision in this Act (or specified provisions of this Act) 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 under paragraph (a) for the purposes of this Act (or specified provisions of this Act),
and rules made under this paragraph will then have effect in accordance with their terms.
223—Amendment of section 47—Dismissing proceedings on withdrawal or for want of prosecution
Section 47(5)—after "the Tribunal" insert:
or a registrar who is authorised in writing by the President of the Tribunal to make such an order (whether generally or in relation to particular classes of matters or otherwise)

224—Amendment of section 56—Representation

Section 56(3)—delete subsection (3)

225—Amendment of section 70—Internal reviews

Section 70(1a)—delete "subsection (1)(b)" and substitute:
this section
226—Amendment of section 73—Effect of review or appeal on decision
Section 73(4)—delete "Presidential" and substitute:
legally qualified
227—Amendment of section 75—Functions of registrars
Section 75(1)(a)—after "assist" insert:
, or act on behalf of,
228—Amendment of section 85—Tribunal may review its decision if person was absent
Section 85(1), definition of relevant hearing—delete the definition and substitute:
relevant hearing, in relation to a decision of the Tribunal, means a hearing at which the decision was made or which preceded the making of the decision (including a compulsory conference) but does not include mediation.

229—Insertion of section 93B

After section 93A—insert:
93B—False or misleading statements
A person who knowingly makes a false or misleading statement for the purposes of, or in connection with, consideration by the registrar or the Tribunal (including the Tribunal as constituted of a registrar or other member of staff of the Tribunal) as to whether to waive, remit or make such other provision in relation to the payment of fees in respect of proceedings before the Tribunal, is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.

230—Amendment of section 94—Rules

Section 94(1)—after paragraph (c) insert:
(ca)
providing for the provision of written statements of reasons for decisions of the Tribunal at first instance for the purposes of an internal review of the decision by the Tribunal under section 70; and

Part 44—Amendment of Southern State Superannuation Act 2009

231—Amendment of section 3—Interpretation

Section 3(1)—after the definition of Superannuation Funds Management Corporation of South Australia or Corporation insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

232—Amendment of section 7—Putative spouses

(1)
Section 7(2)—delete "District Court for a declaration" and substitute:
Tribunal for a determination
(2)
Section 7(3)—delete "Court" wherever occurring and substitute in each case:
Tribunal
(3)
Section 7(3)—delete "declaration" wherever occurring and substitute in each case:
determination
(4)
Section 7(4)—delete "declaration" wherever occurring and substitute in each case:
determination
(5)
Section 7(5)—delete "Court has declared" and substitute:
Tribunal has determined
233—Amendment of section 8—Restriction on publication of proceedings
(1)
Section 8(4)(a)(i)—delete subparagraph (i) and substitute:
(i)
by a court or the Tribunal or an employee of the Courts Administration Authority, provided that such publication or disclosure is made in connection with the administrative functions of the court or Tribunal; or
(2)
Section 8(4)(b)(i)—delete "the Court" and substitute:
a court or the Tribunal
234—Amendment of section 25—Review of Board's decisions
(1)
Section 25(1)—delete subsection (1) and substitute:
(1)
A person who is dissatisfied with a decision of the Board under this Act may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 or the Board.
(1a)
An application for review may be made to the Tribunal or the Board (as the case may be) within 3 months after the person receives notice of the decision.
(2)
Section 25(2)—delete "an appeal to" and substitute:
a review by

235—Amendment of section 28—Confidentiality

Section 28(1)(e)—after "a court" insert:
or the Tribunal

236—Transitional provisions

(1)
A declaration of the District Court under section 7 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a determination of the Tribunal.
(2)
A reference in section 8 of the principal Act to an application under section 7 of the principal Act will, on and from the relevant day, be taken to include a reference to an application under section 7 made before the relevant day.
(3)
A right of appeal under section 25 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 proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.
(4)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
(5)
In this section—
principal Act means the Southern State Superannuation Act 2009;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 45—Amendment of Superannuation Act 1988

237—Amendment of section 4—Interpretation

Section 4(1)—after the definition of TEC contract insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

238—Amendment of section 4A—Putative spouses

(1)
Section 4A(2)—delete "District Court for a declaration" and substitute:
Tribunal for a determination
(2)
Section 4A(3)—delete "Court" wherever occurring and substitute in each case:
Tribunal
(3)
Section 4A(3)—delete "declaration" wherever occurring and substitute in each case:
determination
(4)
Section 4A(4)—delete "declaration" wherever occurring and substitute in each case:
determination
(5)
Section 4A(5)—delete "Court has declared" and substitute:
Tribunal has determined
239—Amendment of section 4B—Restriction on publication of proceedings
(1)
Section 4B(4)(a)(i)—delete subparagraph (i) and substitute:
(i)
by a court or the Tribunal or an employee of the Courts Administration Authority, provided that such publication or disclosure is made in connection with the administrative functions of the court or Tribunal; or
(2)
Section 4B(4)(b)(i)—delete "the Court" and substitute:
a court or the Tribunal
240—Amendment of section 44—Review of Board's decisions
(1)
Section 44(1)—delete subsection (1) and substitute:
(1)
A person who is dissatisfied with a decision of the Board under this Act may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 or the Board.
(2)
An application for review may be made to the Tribunal or the Board (as the case may be) within 3 months after the person receives notice of the decision.
(2)
Section 44(4)—delete "an appeal to" and substitute:
a review by

241—Amendment of section 55—Confidentiality

Section 55(1)(e)—after "a court" insert:
or the Tribunal

242—Transitional provisions

(1)
A declaration of the District Court under section 4A of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a determination of the Tribunal.
(2)
A reference in section 4B of the principal Act to an application under section 4A of the principal Act will, on and from the relevant day, be taken to include a reference to an application under section 4A made before the relevant day.
(3)
A right of appeal under section 44 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 proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.
(4)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
(5)
In this section—
principal Act means the Superannuation Act 1988;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 46—Amendment of Supported Residential Facilities Act 1992

243—Amendment of section 3—Interpretation

(1)
Section 3, definition of District Court—delete the definition
(2)
Section 3—after the definition of supported residential facility insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

244—Substitution of heading to Part 3 Division 3

Heading to Part 3 Division 3—delete the heading and substitute:
Division 3—Tribunal

245—Insertion of section 19

Before section 20 insert:
19—Tribunal to sit with assessors
(1)
For the purposes of proceedings before the Tribunal under this Act, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 that consists of persons that have extensive experience in the following:
(a)
the provision or supervision of personal care services;
(b)
acting as advocates for people who are elderly, disabled or intellectually impaired;
(c)
developing or implementing policies that relate to the control or development of supported residential facilities within the State;
(d)
monitoring or inspecting supported residential facilities.
(2)
In any proceedings under this Act, the Tribunal may, if the President so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (1).
(3)
In this section—
President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.

246—Substitution of section 20

Section 20—delete the section and substitute:
20—Reasons for decision
At the conclusion of proceedings under this Act, the Tribunal must, if requested to do so, furnish a party with a written statement of the reasons for its decision (although the statement may take the form of a transcript of reasons delivered orally).
247—Amendment of section 24—Application for licence
Section 24(10)(c)—delete "appeal rights" and substitute:
rights of review
248—Amendment of section 27—Application for renewal of licence
Section 27(4)(b)—delete "appeal rights" and substitute:
rights of review
249—Amendment of section 31—Cancellation of licences
(1)
Section 31(6)(i)—delete "District Court" and substitute:
Tribunal
(2)
Section 31(6)(i)—delete "Court" and substitute:
Tribunal
(3)
Section 31(6)—after paragraph (i) insert:
and
(j)
for the purposes of the South Australian Civil and Administrative Tribunal Act 2013, an application to the Tribunal under paragraph (i) will be taken to come within the Tribunal's original jurisdiction.

250—Amendment of heading to Part 4 Division 2

Heading to Part 4 Division 2—delete "appeals" and substitute:
reviews

251—Substitution of section 32

Section 32—delete the section and substitute:
32—Review of decision or order
(1)
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 this Part.
(2)
An application for review under subsection (1) must be made within 28 days after receipt by the person of notice in writing of the relevant decision or order.
(3)
If the application for review is in respect of an application for renewal of a licence, the licensing authority or the Tribunal may order that the licence remain in force until the determination of the review.
(4)
An order by the licensing authority or the Tribunal under subsection (3)—
(a)
is subject to such conditions as are specified in the order; and
(b)
may be varied or revoked—
(i)
in any case—by further order of the Tribunal; or
(ii)
if the order was made by the licensing authority—by further order of the licensing authority or the Tribunal.
(5)
If a person contravenes, or fails to comply with, a condition imposed under subsection (4), the person is guilty of an offence.
Penalty: Division 6 fine.

252—Substitution of section 44

Section 44—delete the section and substitute:
44—Right of review
(1)
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 the decision or order.
(2)
An application for review under subsection (1) must be made within 28 days after receipt by the person of notice in writing of the relevant decision or order.
(3)
Unless otherwise determined by the Tribunal, where proceedings are commenced for review of a decision or order of a licensing authority, the operation of the decision or order is suspended until the determination of the review.

253—Amendment of section 54—Default notices

Section 54(4) to (7)—delete subsections (4) to (7) (inclusive) and substitute:
(4)
A person to whom a notice is issued under subsection (1) may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the notice.
(5)
An application for review under subsection (4) must be made within 14 days after the person receives the notice.
(6)
Unless otherwise determined by the Tribunal, the operation of the notice is suspended until the determination of the review.

254—Transitional provisions

(1)
A right of appeal under section 32, 44 or 54 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 that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.
(2)
A right to apply to the District Court under section 31(6)(i) of the principal Act for resolution of a dispute with respect to a matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the District Court, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.
(3)
An order or direction of the District Court under section 31(6)(i) of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.
(4)
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(5)
In this section—
District Court means the Administrative and Disciplinary Division of the District Court;
principal Act means the Supported Residential Facilities Act 1992;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 47—Amendment of Survey Act 1992

255—Amendment of section 4—Interpretation

(1)
Section 4(1), definition of "Court"—delete the definition
(2)
Section 4(1)—after the definition of "Surveyor-General" insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
256—Amendment of section 37—Consequence of investigation by Institution of Surveyors
(1)
Section 37(1)—delete "Court" and substitute:
Tribunal
(2)
Section 37(3)—delete "Court" and substitute:
Tribunal
257—Amendment of section 38—Disciplinary powers of Tribunal
(1)
Section 38(1)—delete "Court" and substitute:
Tribunal
(2)
Section 38(2)—delete "Court" and substitute:
Tribunal
(3)
Section 38(3)—delete "Court" wherever occurring and substitute in each case:
Tribunal
(4)
Section 38(6)—delete "Court" and substitute:
Tribunal
(5)
Section 38(6)—delete "respondent" wherever occurring and substitute in each case:
person
(6)
Section 38(6)—delete "respondent's" wherever occurring and substitute in each case:
person's
(7)
Section 38(8)—delete "Court" wherever occurring and substitute in each case:
Tribunal
(8)
Section 38(8)—delete "respondent" and substitute:
person
(9)
Section 38(9)—delete "Court" and substitute:
Tribunal

258—Substitution of section 38A

Section 38A—delete the section and substitute:
38A—Participation of assessors in disciplinary proceedings
(1)
For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of—
(a)
persons representative of surveyors; and
(b)
persons representative of members of the public who deal with surveyors.
(2)
In any proceedings under this Division, the Tribunal may, if the President so determines, sit with 1 or more assessors selected from the panel by the President.
(3)
In this section—
President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.
259—Amendment of section 39—Return of licence or certificate of registration
Section 39—delete "Court" and substitute:
Tribunal
260—Amendment of section 40—Restrictions on disqualified persons
(1)
Section 40(1)—delete "Court" and substitute:
Tribunal
(2)
Section 40(2)—delete "Court" and substitute:
Tribunal
(3)
Section 40(3)—delete "Court" wherever occurring and substitute in each case:
Tribunal
(4)
Section 40(4)—delete "Court" and substitute:
Tribunal
261—Amendment of section 41—Consequences of action against surveyor in other jurisdictions
(1)
Section 41(1)—delete "Court" and substitute:
Tribunal
(2)
Section 41(2)—delete "Court" and substitute:
Tribunal

262—Substitution of heading to Part 3 Division 5

Heading to Part 3 Division 5—delete the heading and substitute:
Division 5—Reviews by Tribunal

263—Amendment of section 42—Reviews by Tribunal

(1)
Section 42(1) and (2)—delete subsections (1) and (2) and substitute:
(1)
An application for review by the Tribunal may be made under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 in the following cases:
(a)
an applicant for a licence or registration under this Act may seek a review of a decision of the Institution of Surveyors to grant a conditional licence or to refuse to grant the licence or registration;
(b)
an applicant for renewal of a licence or registration under this Act may seek a review of a decision of the Institution of Surveyors to grant a conditional renewal or to refuse to grant the renewal (whether or not until fulfilment of specified conditions);
(c)
a person who is reprimanded by the Institution of Surveyors under this Act may seek a review of the reprimand.
(2)
An application for review must be made within 1 month of the making of the decision.
(2)
Section 42(5)—delete subsection (5)
(3)
Section 42(7)—delete "instituting an appeal" and substitute:
applying for a review by the Tribunal
(4)
Section 42(8)—delete subsection (8) and substitute:
(8)
If the Institution of Surveyors or the Tribunal is satisfied that an applicant for renewal of a licence or registration under this Act has commenced or intends to commence proceedings for a review of a decision under this section, it may extend the period of the licence or registration until the determination of the matter and may impose such conditions on the licence or registration as it thinks fit.
264—Amendment of section 59A—Parties to proceedings before Tribunal
Section 59A(1)—delete "of the Court" and substitute:
before the Tribunal

265—Repeal of Schedule 1

Schedule 1—delete the Schedule

266—Transitional provisions

(1)
A right to lodge a complaint with the District Court under Part 3 Division 4 of the principal Act with respect to a matter in existence before the relevant day (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 Tribunal rather than the District Court.

(2)
A right of appeal to the District Court under Part 3 Division 5 of the principal Act with respect to a matter in existence before the relevant day (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 Tribunal rather than the District Court.
(3)
A decision or approval of the District Court under Part 3 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or approval of the Tribunal.
(4)
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(5)
A member of each panel of persons who may sit as assessors established under Schedule 1 of the principal Act (as in existence immediately before the relevant day) ceases to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.
(6)
In this section—
principal Act means the Survey Act 1992;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 48—Amendment of Tobacco Products Regulation Act 1997

267—Amendment of section 4—Interpretation

Section 4(1)—after the definition of retail insert:
SACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

268—Substitution of section 13

Section 13—delete the section and substitute:
13—Review
(1)
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 a review of the Minister's decision.
(2)
An application for review must be made within 1 month after the person receives notice of the Minister's decision.

269—Transitional provisions

(1)
A right of appeal under section 13 of the principal Act in existence before the relevant day (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 Tribunal rather than the District Court.
(2)
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(3)
In this section—
principal Act means the Tobacco Products Regulation Act 1997;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Part 49—Amendment of Water Industry Act 2012

270—Amendment of section 4—Interpretation

(1)
Section 4(1), definition of District Court—delete the definition
(2)
Section 4(1)—after the definition of Technical Regulator insert:
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

271—Amendment of section 35—Price regulation

Section 35(2)—delete "or appeal"

272—Amendment of section 80—Enforcement notices

(1)
Section 80(2)(h)—delete "or institute an appeal against the notice"
(2)
Section 80(2)(h)—after "Act" insert:
and the South Australian Civil and Administrative Tribunal Act 2013
(3)
Section 80(4)—delete "appeal to the District Court against" and substitute:
apply to the Tribunal for a review of

273—Amendment of section 83—Injunctions

Section 83(12)—delete subsection (12)

274—Amendment of heading to Part 9

Heading to Part 9—delete "and appeals"

275—Amendment of section 85—Review by Tribunal

(1)
Section 85(1)—delete subsection (1) and substitute:
(1)
An application may be made to the Tribunal by—
(a)
an applicant for review under section 84 who is dissatisfied with a decision as confirmed, amended or substituted by the Commission or the Technical Regulator on the review; or
(b)
a person to whom an enforcement notice has been issued under Part 8 Division 4,
for a review of the decision or notice under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(2)
Section 85(2)—delete "An appeal" and substitute:
An application for review
(3)
Section 85(2)(a)—delete "an appeal" and substitute:
a review
(4)
Section 85(2)(a)—delete "appealed against" and substitute:
of the Commission or the Technical Regulator on the review under section 84
(5)
Section 85(2)(b)—delete "an appeal" and substitute:
a review
(6)
Section 85(3) to (5)—delete subsections (3) to (5) (inclusive) and substitute:
(3)
For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with knowledge of, or experience in, the water industry or the fields of commerce or economics.
(4)
In any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors.
(5)
Section 37(1)(c)(i) of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to a review by the Tribunal under subsection (1)(a).
276—Amendment of section 86—Minister's power to intervene
Section 86—delete "or appeal"

277—Repeal of Schedule 1

Schedule 1—delete the Schedule

278—Transitional provisions

(1)
A right of appeal under section 85 of the principal Act in existence before the relevant day (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 Tribunal rather than the District Court.
(2)
Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(3)
A member of the expert panel holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.
(4)
In this section—
expert panel means the panel established under Schedule 1 of the principal Act as in force immediately before the relevant day;
principal Act means the Water Industry Act 2012;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.