Statutes Amendment (South Australian Employment Tribunal) Act 2016 (SA)

South Australia

Statutes Amendment (South Australian Employment Tribunal) Act 2016

An Act to amend various Acts relating to the jurisdiction of the South Australian Employment Tribunal.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (South Australian Employment Tribunal) Act 2016.

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 South Australian Employment Tribunal Act 20144Amendment of section 3 – Interpretation

(1)
Section 3(1), definition of conciliation officer—delete the definition and substitute:
Commissioner means a person holding office as a Commissioner of the Tribunal;
decision, of a person or body (other than the Tribunal) under an Act includes a direction, determination or order of that person or body;
(2)
Section 3(1), definition of Department—delete the definition and substitute:
Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;
(3)
Section 3(1), definition of Industrial Relations Court—delete the definition
(4)
Section 3(1), definition of Tribunal—after "by this Act" insert:
(including, if the context so permits, the Tribunal in Court Session—see section 5)

5Amendment of section 5 – Establishment of Tribunal

Section 5—after its present contents (now to be designated as subsection (1)) insert:
(2)
The Tribunal will have a part that is the Tribunal in Court Session and, as so established by force of this Act, is a court of record.
(3)
The Tribunal in Court Session is to be the South Australian Employment Court.
(4)
The Tribunal will also have a part that is the Tribunal acting as an industrial relations commission.

6Substitution of section 6

Section 6—delete the section and substitute:
6—Jurisdiction of Tribunal
(1)
Subject to this or any other Act, the Tribunal will have the jurisdiction (including the jurisdiction to try a charge for an offence) conferred on it by or under this or any other Act.
(2)
Matters within the jurisdiction of the Tribunal will be assigned to the South Australian Employment Court as follows:
(a)
an Act conferring jurisdiction on the Tribunal may specifically assign matters to the South Australian Employment Court;
(b)
the rules may (unless to do so is inconsistent with a provision of a relevant Act)—
(i)
assign matters to the South Australian Employment Court;
(ii)
assign matters to the South Australian Employment Court for resolution or determination after initial consideration or other steps having been undertaken in that part of the Tribunal that does not sit as the Court;
(c)
the jurisdiction to try a charge for an offence is assigned to the South Australian Employment Court.
(3)
Matters within the jurisdiction of the Tribunal (and not assigned to the South Australian Employment Court) and dealt with by the Tribunal acting as an industrial relations commission do not need to be specifically assigned to such a commission.
6A—Conferral of jurisdiction—criminal matters
(1)
Subject to this section, the criminal jurisdiction of the South Australian Employment Court does not include jurisdiction in respect of major indictable offences.
(2)
In addition to any jurisdiction conferred by or under another Act, the regulations may confer on the South Australian Employment Court jurisdiction in respect of a summary or minor indictable offence against a specified Act or statutory provision.
(3)
If jurisdiction is conferred on the South Australian Employment Court under this or any other Act in respect of a summary or minor indictable offence, any proceedings for the offence must be commenced in the Court.
(4)
The South Australian Employment Court will deal with a charge of a summary or minor indictable offence in the same way as the Magistrates Court deals with such a charge (and in accordance with the procedures that would apply if the Magistrates Court were dealing with such a charge) and the Summary Procedure Act 1921 applies to the South Australian Employment Court subject to any exclusions or modifications prescribed by the regulations as if references to the Magistrates Court extended to the South Australian Employment Court.
(5)
For the avoidance of doubt, if a person charged with a minor indictable offence elects, in accordance with the Summary Procedure Act 1921, for a trial in a superior court, the South Australian Employment Court must commit the defendant for trial by jury in the District Court.
(6)
Where proceedings for a minor indictable offence are dealt with by a magistrate of the South Australian Employment Court—
(a)
the magistrate cannot impose a fine that exceeds the maximum fixed by the relevant Act or $300 000 (whichever is the lesser); and
(b)
the magistrate cannot impose a sentence of imprisonment that exceeds the maximum fixed by the relevant Act or 5 years (whichever is the lesser).
(7)
If a magistrate of the South Australian Employment Court is of the opinion in any particular case that a sentence should be imposed that exceeds the limit prescribed by subsection (6), the magistrate may remand the defendant to appear for sentence before a judge of the South Australian Employment Court.
(8)
In the exercise of the criminal jurisdiction to which this section applies, summary proceedings will be heard by a Deputy President of the South Australian Employment Court who is also a magistrate unless the President determines that the proceedings should be heard by a judge of the Court.
6B—Conferral of jurisdiction—related matters
(1)
Without limiting any other provision, if a provision of an Act specifically enables an application to be made to the Tribunal, or a claim to be brought before the Tribunal, the Act will be taken to confer jurisdiction on the Tribunal to deal with the matter concerned.
(2)
Without limiting any other provision, Divisions 6 and 7 provide for additional jurisdiction, powers and other matters relating to the conferral of jurisdiction on the Tribunal or the Tribunal in Court session.

7Insertion of section 7A

After section 7 insert:
7A—Seals
(1)
The Tribunal will have such seals as are necessary for the transaction of its business.
(2)
The Tribunal must have a seal for the South Australian Employment Court.
(3)
A document apparently sealed with a seal of the Tribunal (including with respect to the South Australian Employment Court) will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Tribunal.

8Amendment of section 9 – The members

(1)
Section 9(b)—delete "Deputy President or"
(2)
Section 9(d)—delete paragraph (d) and substitute:
(d)
the Commissioners; and
(e)
the supplementary panel members.

9Substitution of section 10

Section 10—delete the section and substitute:
10—Appointment of President
(1)
The President of the Tribunal will be a judge of the District Court appointed by the Governor, by proclamation, to be the President of the Tribunal.
(2)
The President of the Tribunal will, by virtue of holding that office, have the same rank, title, status and precedence as a judge of the Supreme Court.
(3)
Furthermore, the appointment of a judge of the District Court as President of the Tribunal does not affect—
(a)
the judge's tenure of office or status as a judge; or
(b)
the payment of the judge's salary or allowances as a judge (subject to the operation of subsection (7)); or
(c)
the ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the District Court); or
(d)
any other right or privilege that the judge has as a judge.
(4)
Service in the office of President of the Tribunal is taken, for all purposes, to constitute service as a judge of the District Court.
(5)
Subject to subsections (3) and (4), an appointment may be subject to conditions determined by the Governor.
(6)
Without limiting subsection (5), the Remuneration Tribunal may determine that the President's salary or allowances as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).
(7)
Any salary or allowances payable as an additional component of remuneration under subsection (6) cannot be reduced during the person's term of office as President.
(8)
A person ceases to be the President of the Tribunal if—
(a)
the person ceases to be a judge of the District Court; or
(b)
the person, with the approval of the Governor, resigns as President by written notice to the Attorney‑General; or
(c)
the person dies.
(9)
Nothing under subsection (8)(b) affects the person's tenure or status as a judge.
(10)
Before the Governor makes a proclamation under this section, the Attorney‑General must consult with the Chief Justice and the Chief Judge.

10Amendment of section 12 – Acting President

(1)
Section 12(1)—delete "a Deputy President" and substitute:
a person
(2)
Section 12(2) and (3)—delete subsections (2) and (3) and substitute:
(2)
The Governor may only appoint—
(a)
a Deputy President; or
(b)
a judge of the District Court,
to act as President.
(3)
A person appointed to act as a President—
(a)
has all the functions of the President; and
(b)
is taken to be the President for all purposes related to this Act or a relevant Act.
(4)
A person appointed to act as President is, for the period of his or her appointment, entitled to be paid additional salary and allowances to ensure that his or her salary and allowances equal the salary and allowances payable to a President of the Tribunal.
(5)
The Governor may, by further proclamation—
(a)
extend or renew an appointment under this section; or
(b)
revoke an appointment under this section.
(6)
Until an appointment is made under subsection (1) (or unless such an appointment is made) the most senior Deputy President who is also a judge of the District Court will be taken to hold an appointment to act as the President of the Tribunal.

11Insertion of section 12A

Before section 13 insert:
12A—Number of Deputy Presidents
There will be at least 2 Deputy Presidents of the Tribunal.

12Substitution of section 13

Section 13—delete the section and substitute:
13—Appointment of Deputy Presidents
(1)
A Deputy President will be—
(a)
a judge of the District Court appointed by the Governor, by proclamation, to be a Deputy President of the Tribunal; or
(b)
a magistrate appointed by the Governor, by proclamation, to be a Deputy President of the Tribunal.
(2)
The appointment of a judge of the District Court as a Deputy President of the Tribunal under subsection (1)(a) does not affect—
(a)
the judge's tenure of office or status as a judge; or
(b)
the payment of the judge's salary or allowances as a judge (subject to the operation of subsection (5)); or
(c)
the ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the District Court); or
(d)
any other right or privilege that the judge has as a judge of the District Court.
(3)
Service in the office of Deputy President of the Tribunal by a judge of the District Court is taken, for all purposes, to constitute service as a judge of that Court.
(4)
Subject to subsections (2) and (3), an appointment under subsection (1)(a) may be subject to conditions determined by the Governor.
(5)
Without limiting subsection (4), in the case of an appointment under subsection (1)(a), the Remuneration Tribunal may determine that a Deputy President's salary or allowance as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).
(6)
Any salary or allowances payable as an additional component of remuneration under subsection (5) cannot be reduced during the person's term of office as a Deputy President of the Tribunal.
(7)
The appointment of a magistrate as a Deputy President of the Tribunal under subsection (1)(b) does not affect—
(a)
the magistrate's tenure of office or status as a magistrate; or
(b)
the payment of the magistrate's salary or allowances as a magistrate (subject to the operation of subsection (14)); or
(c)
the ability of the person to do anything in the person's capacity as a magistrate; or
(d)
any other right of privilege that the magistrate has by virtue of the office of magistrate.
(8)
Service in the office of Deputy President of the Tribunal by a magistrate is taken, for all purposes, to constitute service as a magistrate.
(9)
Subject to subsections (7) and (8), an appointment under subsection (1)(b) may be subject to conditions determined by the Governor.
(10)
Without limiting subsection (9), in the case of an appointment under subsection (1)(b), the Remuneration Tribunal may determine that a Deputy President's salary or allowance as a magistrate will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).
(11)
A person ceases to be a Deputy President of the Tribunal if—
(a)
in the case of an appointment under subsection (1)(a)—the person ceases to be a judge of the District Court; or
(b)
in the case of an appointment under subsection (1)(b)—the person ceases to be a magistrate; or
(c)
the person resigns as Deputy President by written notice to the Attorney‑General; or
(d)
the person dies.
(12)
Nothing in subsection (11)(c) affects a person's tenure or status as a judge (in the case of an appointment under subsection (1)(a)) or as a magistrate (in the case of an appointment under subsection (1)(b)).
(13)
Before the Governor makes a proclamation under this section, the Attorney‑General must consult with—
(a)
the Chief Justice; and
(b)
in the case of an appointment under subsection (1)(a)—the Chief Judge; and
(c)
in the case of an appointment under subsection (1)(b)—the Chief Magistrate.

13Substitution of heading to Part 2 Division 3 Subdivision 5

Heading to Part 2 Division 3 Subdivision 5—delete the heading to Subdivision 5 and substitute:
Subdivision 5—Commissioners

14Amendment of section 16 – Appointment of Commissioners

(1)
Section 16—delete "conciliation officer" wherever occurring and substitute in each case:
Commissioner
(2)
Section 16—delete "conciliation officers" wherever occurring and substitute in each case:
Commissioners

15Amendment of section 17 – Commissioner ceasing to hold office and suspension

(1)
Section 17—delete "conciliation officer" wherever occurring and substitute in each case:
Commissioner
(2)
Section 17—delete "member" wherever occurring and substitute in each case:
Commissioner
(3)
Section 17—delete "member's" wherever occurring and substitute in each case:
Commissioner's

16Amendment of section 18 – Supplementary Commissioners

Section 18—delete "conciliation officer" wherever occurring and substitute in each case:
Commissioner

17Insertion of Part 2 Division 3A

After section 18 insert:
Division 3A—Supplementary panel members
18A—Supplementary panel members
(1)
There will be such panels of supplementary panel members as may be necessary for the purposes of any relevant Act.
(2)
A supplementary panel member will be appointed by the Governor on the recommendation of the Minister responsible for the administration of this Act in consultation with the Minister responsible for the administration of the relevant Act (unless otherwise provided by the relevant Act).
(3)
A supplementary panel member will be appointed for a term of office, not exceeding 5 years, specified in the instrument of appointment and is eligible for reappointment at the expiration of a term of office.
(4)
A supplementary panel member is appointed on conditions specified in the instrument of appointment.
(5)
A supplementary panel member will sit on a sessional basis.
(6)
Subject to the conditions of appointment, a supplementary panel member may perform work outside the Tribunal.
(7)
The Governor may, on the recommendation of the Minister responsible for the administration of this Act after consultation with the Minister responsible for the administration of the relevant Act, remove a supplementary panel member from office for—
(a)
misconduct; or
(b)
neglect of duty; or
(c)
incompetence; or
(d)
incapacity to carry out official duties satisfactorily.
(8)
A person ceases to be a supplementary panel member if the person—
(a)
dies; or
(b)
completes a term of office and is not reappointed; or
(c)
resigns by written notice to the Minister; or
(d)
ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the panel; or
(e)
is removed from office under subsection (7).
(9)
The Governor may make appointments from time to time for the purpose of maintaining or increasing the membership of panels established under this section.

18Amendment of section 19 – Constitution of Tribunal and its decision-making processes

(1)
Section 19—after subsection (1) insert:
1. (1a)
  The Tribunal sitting as the South Australian Employment Court may only be constituted by members of the Tribunal who are also judges or magistrates (sitting alone or in any combination as the President thinks fit).
(2)
Section 19(3)—after "the Tribunal" insert:
(including a Full Bench of the South Australian Employment Court)
(3)
Section 19—after subsection (5) insert:
1. (5a)
  In addition, a member of the Tribunal (not being a judge or magistrate), or a registrar or other member of the staff of the Tribunal, may assist with the business of the South Australian Employment Court to the extent that it may be appropriate to do so.

19Amendment of section 20 – Who presides at proceedings of the Tribunal

Section 20(3)(d)—delete paragraph (d) and substitute:
(d)
Commissioner;
(e)
supplementary panel member.

20Amendment of section 22 – Determination of questions of law

(1)
Section 22(1)—delete "Full Bench of the Tribunal" and substitute:
Full Bench of the South Australian Employment Court
(2)
Section 22(2)(a)—delete "Full Bench of the Tribunal" and substitute:
Full Bench of the South Australian Employment Court
(3)
Section 22(3)—delete "of the Tribunal" and substitute:
of the Court

21Repeal of section 23

Section 23—delete the section

22Insertion of Part 2 Division 6

After section 26 insert:
Division 6—Additional provisions relating to jurisdiction
26A—Declaratory judgments
Without limiting any specific jurisdiction to make declaratory judgments conferred by another Act, the South Australian Employment Court may, on matters within its jurisdiction, make binding declarations of right whether or not any consequential relief is or could be claimed.
26B—Other provisions relating to civil jurisdiction of Court
Without limiting any other provision of this Act, the South Australian Employment Court may, in exercising any jurisdiction that is in the nature of a civil jurisdiction, exercise any power under Part 6 of the District Court Act 1991, subject to any exclusions or modifications prescribed by the regulations as if references to the District Court extended to the South Australian Employment Court.
26C—Binding nature of decisions
Without limiting any other provision of this Act, any decision or determination of the South Australian Employment Court is binding and authoritative in nature and binds the parties to the relevant matter by its own force.
Division 7—Additional provisions relating to jurisdiction under Return to Work Act 2014
26D—Civil jurisdiction under Return to Work Act 2014
(1)
The South Australian Employment Court has exclusive jurisdiction to hear and determine an action for damages to which Part 5 of the Return to Work Act 2014 applies.
(2)
Proceedings for any tortfeasor liable in respect of damages to which Part 5 of the Return to Work Act 2014 applies to recover contribution from any other tortfeasor liable in respect of those damages may be brought before the Tribunal and dealt with by the South Australian Employment Court.
(3)
If a cause of action giving rise to proceedings brought under subsection (1) or (2) also gives rise to a claim in respect of some other matter, the claim may be included in those proceedings even though it does not relate to proceedings for damages within the scope of section 71(1) of the Return to Work Act 2014.

(4)
Any matter that is ancillary or related to a matter that is the subject of proceedings brought under a preceding subsection may also be included in those proceedings.
(5)
In connection with the operation of this section, a reference to a court in a prescribed provision will be taken to be a reference to the South Australian Employment Court.
(6)
In this section—
prescribed provision means any of the following provisions of the Return to Work Act 2014:
(a)
section 22;
(b)
Part 5;
(c)
Part 8.
26E—Rights of action and recovery against third parties
(1)
A reference in section 66 of the Return to Work Act 2014 to the District Court of South Australia will be taken to include a reference to the Tribunal.
(2)
The jurisdiction of the Tribunal by virtue of the operation of subsection (1) is assigned to the South Australian Employment Court.
(3)
An action to recover an excess under section 66(9) of the Return to Work Act 2014 may be brought in the South Australian Employment Court (or in any other court of competent jurisdiction).
26F—Review jurisdiction under Return to Work Act 2014
A reference in section 103 of the Return to Work Act 2014 to Part 3 of this Act will be taken to be a reference to Division 1 of that Part.
26G—Injuries that develop gradually
(1)
A reference in section 188 of the Return to Work Act 2014 to the Industrial Relations Court of South Australia will be taken to be a reference to the Tribunal.
(2)
The jurisdiction of the Tribunal by virtue of the operation of subsection (1) is assigned to the South Australian Employment Court.
26H—Criminal jurisdiction
The South Australian Employment Court is conferred with jurisdiction to try a charge for an offence against the Return to Work Act 2014.
26I—Appeals
An appeal from a decision of the Tribunal under the Return to Work Act 2014 (other than in the exercise of its criminal jurisdiction) will be limited to a question of law.

23Insertion of heading

Before section 27 insert:
Division 1—Review jurisdiction

24Insertion of section 26J

Before section 27 insert:
26J—Application of Division
(1)
This Division applies if—
(a)
the Tribunal is dealing with a matter that involves the review of a decision made under an Act (including in a case that constitutes an appeal under a relevant Act); or
(b)
a relevant Act provides for the Tribunal to deal with a matter under this Division; or
(c)
the rules apply this Division to a matter within the jurisdiction of the Tribunal.
(2)
Subsection (1)(a) does not apply in any circumstances prescribed by the regulations.

25Amendment of section 27 – General nature of proceedings

(1)
Section 27(1)—delete subsection (1) and substitute:
1. (1)
  Subject to a relevant Act, a matter under this Division will be dealt with by the Tribunal as a review of the decision that constitutes the matter.
(2)
Section 27(6) and (7)—delete subsections (6) and (7) and substitute:
1. (6)
  In dealing with a matter under this Division, the Tribunal is to deal with the matter in accordance with this Act and any relevant Act.
2. (7)
  Furthermore, a relevant Act may modify the operation of this Act in relation to a matter that comes within the exercise of the Tribunal's jurisdiction under this Division.

26Insertion of new Part 3 Division 2

After section 31 insert:
Division 2—Application of Division
31A—Application of Division
(1)
This Division applies in cases where Division 1 does not apply.
(2)
Subject to a relevant Act, a matter under this Division will, depending on the nature of the matter, be dealt with by the Tribunal—
(a)
acting as the original decision-maker in the matter (and according to those principles which, according to law, are to be applied to bodies that make such decisions according to statute); or
(b)
resolving a dispute between the parties to the relevant proceedings (according to law and including, if appropriate, by giving a judgment, making a declaration or providing any other remedy); or
(c)
adopting any other course of action and providing any other relief, decision or determination that the Tribunal considers appropriate to deal with the matter.
(3)
In dealing with a matter under this Division, the Tribunal is to deal with the matter in accordance with this Act and any relevant Act.
(4)
Furthermore, a relevant Act may modify the operation of this Act in relation to a matter that comes within the exercise of the Tribunal's jurisdiction under this Division.

27Amendment of section 32 – Principles governing hearings

Section 32—after subsection (1) insert:
(1a)
However, the rules of evidence and other formal procedures of a court of record apply to the South Australian Employment Court to the extent that the Court considers it necessary or appropriate and the Tribunal (in the exercise of any jurisdiction) may give directions about any question of evidence.

28Amendment of section 34 – Entry and inspection

(1)
Section 34(1)—delete "or building" and substitute:
, building, structure, ship or vessel
(2)
Section 34(2)—delete subsection (2) and substitute:
(2)
A member of the Tribunal may authorise an officer of the Tribunal, or any other specified person, to enter any land, building, structure, ship or vessel and carry out an inspection that the member considers relevant to any proceedings before the Tribunal.

29Amendment of section 49 – Joinder of parties etc

Section 49—after subsection (1) insert:
(1a)
The Tribunal may order that a person who is a party to proceedings before the Tribunal be removed as a party if the Tribunal considers that the person has no proper interest in the proceedings.
(1b)
The Tribunal may order that notice of proceedings be given to specified persons or in a specified way.

30Substitution of section 52

Section 52—delete the section and substitute:
52—Costs
(1)
Subject to this Act or a relevant Act, parties bear their own costs in any proceedings before the Tribunal (other than proceedings assigned to the South Australian Employment Court to which section 26B applies).
(2)
If the Tribunal makes an order for the payment of costs and does not fix the amount of costs, that amount is to be assessed and settled in accordance with the rules.

31Amendment of section 53—Costs – related matters

Section 53(1)—delete "The power of the Tribunal" and substitute:
Any power of the Tribunal under this Act or a relevant Act

32Amendment of section 66 – Internal review

(1)
Section 66(1)—delete subsection (1) and substitute:
(1)
A decision of the Tribunal constituted of—
(a)
a Commissioner; or
(b)
a magistrate (not being a Presidential member); or
(c)
2 or 3 members (but not including a Presidential member),
may, on application under the rules, be reviewed under this section.
(1a)
The regulations may exclude or modify the application of subsection (1) insofar as it applies to prescribed classes of decisions under a relevant Act (subject to any provision made by a relevant Act).
(1b)
An application for review must be instituted within 1 month of the making of the decision to which the application relates but the Tribunal may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the application should be instituted within that period (even if the time for instituting the application has expired).
(1c)
The President may determine, in relation to a particular matter, or particular class of matters, how the Tribunal will be constituted for the purposes of a review under this section.
(1d)
On a review, the Tribunal will examine the decision of the Tribunal at first instance on the evidence or material before the Tribunal at that time but the Tribunal may, as it thinks fit, allow further evidence or material to be presented to it.
(1e)
The Tribunal must, in acting under this section, reach the correct or preferable decision but in so doing must have regard to, and give appropriate weight to, the decision of the Tribunal at first instance.
(2)
Section 66(2)—delete "A Presidential member of the" and substitute:
The
(3)
Section 66(2)(c)—delete paragraph (c) and substitute:
(c)
set aside the decision being reviewed and—
(a)
substitute a new decision; or
(b)
send the matter back for reconsideration in accordance with any directions or recommendations as the Tribunal acting on review considers appropriate.

33Substitution of section 67

Section 67—delete the section and substitute:
67—Appeals
(1)
Subject to this section and to any provision of a relevant Act as to the review of, or appeal against, a decision of the Tribunal, an appeal lies against a decision of the Tribunal, other than a decision of a Full Bench, to a Full Bench of the South Australian Employment Court.
(2)
The regulations may exclude or modify the application of subsection (1) insofar as the subsection applies to prescribed classes of decisions under a relevant Act (subject to any provision made by a relevant Act).
(3)
An appeal under this section will be by way of rehearing.
(4)
The Full Bench conducting the appeal may draw inferences of fact from evidence or other material before the Tribunal and may, as it thinks fit, allow further evidence or material to be presented to it.
(5)
The Full Bench conducting the appeal may—
(a)
affirm the decision appealed against; or
(b)
vary the decision appealed against; or
(c)
set aside the decision appealed against and, if it thinks fit, return the matter to the Tribunal for reconsideration in accordance with any directions that the Full Bench considers appropriate.
(6)
A Full Bench may, on an appeal, make any interim, ancillary or consequential order that the Full Bench considers appropriate (including orders for costs).

34Amendment of section 68 – Final appeal to Supreme Court

(1)
Section 68(1)—after "Tribunal" insert:
(including a Full Bench of the South Australian Employment Court)
(2)
Section 68(3)(b)—after "Tribunal" insert:
(or the South Australian Employment Court)

35Amendment of section 69 – Effect of appeal on decision

Section 69(4)—delete "of the Tribunal"

36Amendment of section 70 – Reservation of questions of law

Section 70(1)—after "of the Tribunal" insert:
(including a Full Bench of the South Australian Employment Court)

37Insertion of section 83A

After section 83 insert:
83A—Transfer of proceedings
(1)
The Tribunal may transfer proceedings before the Tribunal to another tribunal or court (being a tribunal or court that also has jurisdiction with respect to the matter) if a member constituting the Tribunal is satisfied or considers that it would be more appropriate or expeditious for the matter to be dealt with by that tribunal or court.
(2)
The Supreme Court or a Judge or Master of the Supreme Court may—
(a)
order that civil proceedings before the Tribunal be transferred to the Supreme Court; or
(b)
transfer civil proceedings in the Supreme Court that lie within the jurisdiction of the Tribunal to the Tribunal.
(3)
The District Court or a Judge or Master of the District Court may transfer civil proceedings in the District Court that lie within the jurisdiction of the Tribunal to the Tribunal.
(4)
If proceedings are transferred to another tribunal or court under subsection (1) or (2)(a)—
(a)
a registrar or other member of the staff of the Tribunal must forward to the other tribunal or court—
(i)
a file containing all documents filed in the Tribunal in the proceedings; and
(ii)
a transcript of any evidence taken before the Tribunal in the proceedings; and
(iii)
copies of any order made by the Tribunal in relation to the proceedings; and
(b)
the tribunal or court may—
(i)
receive in evidence any transcript of any evidence taken before the Tribunal in the proceedings and draw any conclusions of fact from that evidence that appear proper; and
(ii)
adopt any findings or decision of the Tribunal that may be relevant to proceedings before the tribunal or court; and
(iii)
adopt or make any decision, direction, determination or order in relation to the proceedings; and
(iv)
continue any proceedings as if they had been commenced before or in the tribunal or court; and
(v)
take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.
(5)
If proceedings are transferred to the Tribunal under subsection (2)(b) or (3), the Tribunal may—
(a)
receive in evidence any transcript of any evidence taken before the relevant court in the proceedings and draw any conclusions of fact from that evidence that appear proper; and
(b)
adopt any findings or decision of the relevant court that may be relevant to the proceedings before the Tribunal; and
(c)
adopt or make any decision, direction, determination or order in relation to the proceedings; and
(d)
continue any proceedings as if they had been commenced before the Tribunal; and
(e)
take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.

38Amendment of section 86 – Enforcement of decisions and orders of Tribunal

Section 86(3)—after the definition of appropriate court insert:
monetary order includes a judgment that provides for the payment of an amount of money.

39Insertion of section 88A

After section 88 insert:
88A—Production of persons held in custody
If the Tribunal requires the attendance before it of any person who is held in custody in the State, the Tribunal may—
(a)
issue a summons or a notice requiring the custodian to produce that person before the Tribunal at a nominated time and place; or
(b)
issue a warrant authorising the sheriff, or a member of the police force, to take the person from the custodian and bring the person before the Tribunal.

40Substitution of section 91

Section 91—delete the section and substitute:
91—Disrupting proceedings of Tribunal
(1)
A person who—
(a)
wilfully insults a member or officer of the Tribunal, during a sitting of the Tribunal or in going to or returning from the Tribunal; or
(b)
wilfully disturbs or interrupts proceedings of the Tribunal; or
(c)
misbehaves in any other way before the Tribunal; or
(d)
wilfully disobeys an order or direction of the Tribunal,
commits a contempt of the Tribunal.
(2)
If a party to proceedings before the Tribunal—
(a)
contravenes or fails to comply with an order in the nature of an interlocutory order or an order (other than an order for payment of money) to do, or refrain from, a particular act; and
(b)
makes no reasonable and adequate excuse to the Tribunal for the contravention or non-compliance,
the Tribunal may (without limiting its powers to deal with the matter in any other way) order that the party be not heard, or further heard, in the proceedings, or impose another procedural disability or civil penalty the Tribunal considers appropriate to the circumstances of the case.
(3)
Before acting under subsection (2), the Tribunal must give the relevant party an opportunity to be heard on the question.
91A—Punishment of contempts
(1)
A contempt of the Tribunal is a summary offence punishable by a maximum fine of $10 000 or imprisonment for a maximum term of 6 months.
(2)
The jurisdiction to deal with an offence against subsection (1) is vested in the South Australian Employment Court.
(3)
If a contempt is committed in the face of the Tribunal, the matter may be dealt with immediately (without the necessity of laying a charge or other formality) and the South Australian Employment Court may proceed to convict and fine the offender as it thinks fit.
91B—Offences
An offence against a provision of this Act lies within the criminal jurisdiction of the South Australian Employment Court.

41Transitional provisions

(1)
In this section—
principal Act means the South Australian Employment Tribunal Act 2014;
relevant day means the day on which this section comes into operation;
Tribunal means the South Australian Employment Tribunal.
(2)
The person holding office as President of the Tribunal (other than on an acting basis) immediately before the relevant day—
(a)
will continue to hold that office and will, if not already a judge of the District Court, be appointed as a judge of the District Court by force of this subsection; and
(b)
will hold office taking into account the operation of section 10(2) of the principal Act, and subject to the operation of section 10(8) of the principal Act, as enacted by this Act.
(3)
A person holding office as a Deputy President of the Tribunal immediately before the relevant day—
(a)
will continue to hold that office; and
(b)
will hold that office subject to the operation of section 13(11) of the principal Act as enacted by this Act—
(i)
in the case of a judge of the District Court (including as a result of an appointment under subsection (4))—as if the person had been appointed under section 13(1)(a) of the principal Act as enacted by this Act; and
(ii)
in the case of a magistrate—as if the person had been appointed under section 13(1)(b) of the principal Act as enacted by this Act.
(4)
A Deputy President of the Tribunal who, immediately before the relevant day—
(a)
was not a judge of the District Court; and
(b)
was not a magistrate,
will be appointed as a judge of the District Court by force of this subsection.
(5)
A person who was, immediately before the relevant day, a conciliation officer of the Tribunal will continue in office as a Commissioner of the Tribunal on the same terms and conditions as applied to the person immediately before the relevant day.

Part 3Amendment of Dust Diseases Act 200542Amendment of section 3 – Interpretation

Section 3—after the definition of injured person insert:
SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014.

43Insertion of section 4A

After section 4 insert:
4A—Jurisdiction of SAET
(1)
SAET has jurisdiction to hear and determine proceedings in relation to dust disease actions.
(2)
The jurisdiction under subsection (1) is assigned to the South Australian Employment Court.
(3)
Proceedings for any tortfeasor liable in respect of damages for or in relation to a dust disease or the death of a person as a result of a dust disease to recover contribution from any other tortfeasor liable in respect of that damage may be brought before SAET and dealt with by the South Australian Employment Court.
(4)
If a cause of action giving rise to proceedings brought under subsection (1) or (3) also gives rise to a claim in respect of some other matter, the claim may be included in those proceedings even though it does not relate to a dust disease.
(5)
Any matter that is ancillary or related to a matter that is the subject of proceedings brought under a preceding subsection may also be included in those proceedings.

44Amendment of section 5 – Expeditious hearing and determination of dust disease actions

Section 5—after "The District Court" insert:
or SAET (as the case may be)

45Repeal of section 6

Section 6—delete the section

46Amendment of section 7 – Costs

(1)
Section 7(1)—after subsection (1) insert:
(1a)
Costs of proceedings in dust disease actions before SAET will be allowed or awarded on the same basis as for actions in the District Court.
(2)
Section 7(2)—after "the District Court" insert:
or SAET

47Amendment of section 8 – Evidentiary presumptions and special rules of evidence and procedure

(1)
Section 8(3)—after "apply in a dust disease action" insert:
before the District Court or SAET
(2)
Section 8(3)(a)—delete "the Court" and substitute:
the relevant court
(3)
Section 8(3)(a)—after "a court" insert:
or tribunal
(4)
Section 8(3)(b)—delete paragraph (b) and substitute:
1. (b)
  the relevant court may dispense with proof of any matter that appears to the court to be not seriously in dispute;
(5)
Section 8(3)(c)—delete "the Court" and substitute:
the relevant court
(6)
Section 8(4)—delete subsection (4) and substitute:
1. (4)
  If—
  1. (a)
    a finding of fact has been made in a dust disease action by a court of this State, or a court or tribunal of the Commonwealth or another State or Territory; and
  2. (b)
    the finding is, in District Court's or SAET's opinion, of relevance to an action before it under this Act,
the District Court or SAET (as the case may be) may admit the finding in evidence and indicate to the parties that it proposes to make a corresponding finding in the case presently before it unless the party who would be adversely affected satisfies the District Court or SAET (as the case may be) that such a finding is inappropriate to the circumstances of the present case.

48Amendment of section 9 – Damages

(1)
Section 9—delete "the Court" wherever occurring and substitute in each case:
the District Court or SAET (as the case may be)
(2)
Section 9(2)—delete "The Court" and substitute:
The District Court of SAET (as the case may be)

49Amendment of section 10 – Procedure where several defendants or insurers involved

(1)
Section 10—delete "The Court" and substitute:
The District Court or SAET (as the case may be)
(2)
Section 10—delete "the Court" and substitute:
the District Court or SAET (as the case may be)

50Insertion of section 11A

After section 11 insert:
11A—Right of appeal from SAET
Despite Part 5 of the South Australian Employment Tribunal Act 2014, an appeal against a decision of SAET in relation to a dust disease action (including in relation to any matter that is ancillary or related to a dust disease action that is the subject of the proceedings) lies—
(a)
in the case of an interlocutory order made by SAET—to the Supreme Court constituted of a single Judge; or
(b)
in any other case—to the Full Court of the Supreme Court.

Part 4Amendment of Fair Work Act 199451Amendment of section 3 – Objects of Act

(1)
Section 3(1)(p)—delete "industrial authorities" and substitute:
bodies
(2)
Section 3(2)—delete "the Court, the Commission and other industrial authorities are" and substitute:
SAET is

52Amendment of section 4 – Interpretation

(1)
Section 4(1), definition of award—delete "the Commission" and substitute:
SAET
(2)
Section 4(1), definition of Commission—delete the definition
(3)
Section 4(1), definition of Court—delete the definition
(4)
Section 4(1), definition of Deputy President—delete the definition
(5)
Section 4(1), definition of enterprise agreement matter—delete the definition
(6)
Section 4(1), definition of evidentiary material—delete the definition
(7)
Section 4(1), definition of examinable arrangements—delete the definition
(8)
Section 4(1), definition of Full Commission—delete the definition
(9)
Section 4(1), definition of Full Court—delete the definition
(10)
Section 4(1), definition of industrial authority, (a)—delete paragraph (a) and substitute:
(a)
SAET;
(11)
Section 4(1), definition of Industrial Registrar or Registrar—delete the definition
(12)
Section 4(1), definition of inspector—delete the definition and substitute:
inspector—see section 219A;
(13)
Section 4(1), definition of President—delete the definition and substitute:
President means the President of SAET;
(14)
Section 4(1), definition of Presidential Member—delete the definition
(15)
Section 4(1), definition of registered agent—delete "the Court or the Commission by registration as an agent under this Act (See Chapter 5 Part 1 Division 2)" and substitute:
SAET by registration as an agent under this Act (See Chapter 2 Part 3)
(16)
Section 4(1)—after the definition of registered association insert:
Registrar means the Registrar or Deputy Registrar of SAET;
(17)
Section 4(1), definition of rules—delete the definition and substitute:
rules means the rules of SAET;
SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;
(18)
Section 4(5)—delete subsection (5)

53Substitution of Chapter 2

Chapter 2—delete the Chapter and substitute:
Chapter 2—Jurisdiction of SAET—special provisions
Part 1—Conferral of jurisdiction, declarations and orders
7—Jurisdiction of SAET
SAET has the jurisdiction conferred by this Act—
(a)
to adjudicate on rights and liabilities arising out of employment; and
(b)
in relation to industrial matters—
(i)
to approve enterprise agreements regulating remuneration and other industrial matters; and
(ii)
to make awards regulating remuneration and other industrial matters; and
(iii)
to hear, determine and regulate any matter or thing arising from or relating to an industrial matter; and
(c)
to settle and resolve industrial disputes.
8—Jurisdiction to interpret awards and enterprise agreements
(1)
SAET has jurisdiction to interpret an award or enterprise agreement.
(2)
In exercising its interpretative jurisdiction—
(a)
SAET should have regard to any evidence that is reasonably available to it of what the author of the relevant part of the award or enterprise agreement, and the parties to the award or enterprise agreement, intended it to mean when it was drafted; and
(b)
if a common intention is ascertainable—give effect to that intention.
9—Jurisdiction to decide monetary claims under industrial laws or instruments
(1)
SAET (constituted as the South Australian Employment Court) has jurisdiction to hear and determine monetary claims of the following kinds:
(a)
a claim for a sum due to an employee or former employee from an employer or former employer under—
(i)
the Fair Work Act 1994, an award, enterprise agreement or contract of employment; or
(ii)
the Commonwealth Act, or an award or agreement under the Commonwealth Act;
(b)
a claim for a sum due to an employer or former employer from an employee or former employee under—
(i)
the Fair Work Act 1994, an award, enterprise agreement or contract of employment; or
(ii)
the Commonwealth Act, or an award or agreement under the Commonwealth Act;
(c)
a claim for compensation to an employee or former employee from an employer or former employer for failure to make contributions (before or after the commencement of this Act) for the benefit of the claimant to a superannuation fund;
(d)
a claim for payment of a benefit against the trustee of a superannuation fund to which contributions have been made.
(2)
In this section—
Commonwealth Act means the Fair Work Act 2009 of the Commonwealth.
10—Jurisdiction to hear and determine questions arising under contracts of employment
(1)
SAET (constituted as the South Australian Employment Court) has jurisdiction to hear and determine any question, action or claim founded on, or otherwise arising out of or in relation to, a contract of employment (including a contract of employment that has been terminated) including (but not limited to)—
(a)
a claim for damages with respect to a breach of a contract of employment (including a claim where the employee under a contract of employment has been dismissed); and
(b)
a claim to recover a liquidated sum or debt under a contract of employment; and
(c)
an action for an order for specific performance; and
(d)
an action for the grant of an injunction.
(2)
Subject to subsection (4), the South Australian Employment Court may, in exercising its jurisdiction under this section—
(a)
make an order for specific performance against an employer or an employee under a contract of employment;
(b)
grant an injunction, or give equivalent relief, against an employer or an employee under a contract of employment even if to do so would effectively require specific performance of a contractual term against the employer or employee;
(c)
award damages against a party to a contract of employment on account of the manner of a breach of the contract (including where the breach constitutes or gives rise to a termination of the contract);
(d)
award damages and also provide a remedy by way of an order for specific performance or an injunction.
(3)
Subject to subsection (4), if the South Australian Employment Court is satisfied that it would best serve the interests of justice in a particular case, the Court should provide for specific performance or an injunction as a remedy—
(a)
even if such a remedy is in addition to, or in substitution for, an award of damages; and
(b)
even if, but for this subsection, only damages would be awarded.
(4)
The South Australian Employment Court—
(a)
should not, except in exceptional circumstances, in exercising its jurisdiction under this section—
(i)
make an order for specific performance against a natural person; or
(ii)
grant an injunction, or give equivalent relief, against a natural person under a contract of employment,
if to do so would—
(iii)
effectively require an employer to reorganise, to a material extent, his or her undertaking; or
(iv)
effectively prevent an employee from obtaining other employment; and
(b)
in considering the interests of justice under subsection (3), should take into account—
(i)
the length of time that elapsed between the time when the cause of action in the proceedings arose and the time when the proceedings were commenced; and
(ii)
the extent to which there no longer exists mutual confidence in the employment relationship between the employer and the employee; and
(iii)
the extent to which there is evidence that compliance with an order for specific performance or an injunction would be impracticable or cause undue hardship, including, in the case of an employer, by taking into account the size of the employer's undertaking and the circumstances of the particular employment situation,
and may take into account such other matters as the Court thinks fit.
(5)
Subsection (4)(a)(iv) does not apply so as to limit the orders that the South Australian Employment Court may make in relation to a restraint of trade clause in a contract of employment that is enforceable at common law.
(6)
The costs in any proceedings under this section will be awarded on the same basis (and in accordance with the same rules) as costs would be awarded in a corresponding civil action or claim brought in the District Court or the Magistrates Court (as the case may be).
(7)
This section does not limit the operation of section 9.
(8)
This section does not limit the operation of the Return to Work Act 2014.
(9)
In this section—
contract of employment means a contract recognised at common law as a contract of employment.
11—Declaratory jurisdiction
SAET has jurisdiction to make declaratory judgments conferred by other provisions of this Act.
12—Orders to remedy or restrain contraventions
(1)
SAET has jurisdiction to order a person who contravenes or fails to comply with a provision of this Act, an award or an enterprise agreement—
(a)
to take steps, specified in the order, within a time specified in the order, to remedy the contravention or non‑compliance; or
(b)
to refrain from further contravention of, or non‑compliance with, the provision.
(2)
If there are reasonable grounds to believe that a person is about to contravene or to fail to comply with a provision of this Act, an award or enterprise agreement, SAET has jurisdiction to order the person to refrain from the contravention or non‑compliance.
13—Advisory jurisdiction
(1)
SAET has jurisdiction to inquire into, and report and make recommendations to the Minister on, a question related to an industrial or other matter that is referred to SAET for inquiry by the Minister.
(2)
The jurisdiction conferred on SAET under subsection (1)—
(a)
is not to be assigned to the South Australian Employment Court; and
(b)
does not extend to inquiring into the South Australian Employment Court or matters that may be brought before the Court or that are being dealt with, or have been dealt with, by the Court.
Part 2—Processes associated with industrial matters and disputes
14—Amendment or rectification of proceedings
(1)
SAET may—
(a)
allow the amendment of an application, notice, submission, report or other document associated with proceedings; or
(b)
correct an error, defect or irregularity (even though the error, defect or irregularity may be such as to render the proceedings void).
(2)
If SAET exercises its power to correct an error, defect or irregularity under subsection (1)(b), the proceedings are as valid and effective as if the error, defect or irregularity had never happened.
15—Power to re-open questions
SAET may re‑open a question previously decided and amend or quash an earlier determination.
16—General power of waiver
(1)
SAET may, on conditions it considers appropriate, waive compliance with a procedural requirement of this Act or the rules.
(2)
SAET may punish non‑compliance with a procedural direction by striking out proceedings, or any defence, in whole or in part.
17—Applications to SAET
(1)
For the purposes of the South Australian Employment Tribunal Act 2014, proceedings before SAET under this Act are commenced by an application made to SAET—
(a)
if, in the Minister's opinion, it is in the public interest that the matter be dealt with by SAET—by the Minister; or
(b)
by an employer, or group of employers; or
(c)
by an employee, or group of employees; or
(d)
by a registered association of employers; or
(e)
by a registered association of employees; or
(f)
by the United Trades and Labor Council.
(2)
A natural person may bring an application as of right if the application is authorised under some other provision of this Act but otherwise must establish to the satisfaction of SAET—
(a)
that the claim arises out of a genuine industrial grievance; and
(b)
that there is no other impartial grievance resolution process that is (or has been) reasonably available to the person.
18—Advertisement of applications
(1)
Before SAET deals with the subject matter of an application, SAET must satisfy itself that reasonable notice of the substance of the application and the day and time it is to be heard has been given.
(2)
The substance of an application and the day and time it is to be heard must be—
(a)
advertised in the manner prescribed in the rules of SAET; or
(b)
communicated to all persons who are likely to be affected by a determination in the proceedings or their representatives.
19—Provisions of award etc relevant to how SAET intervenes in dispute
If the parties to an industrial dispute are bound by an award or an enterprise agreement that provides procedures for preventing or settling industrial disputes between them, SAET must, in considering whether, when or how it will exercise its powers in relation to the industrial dispute, have regard to—
(a)
the procedures contemplated by the parties for preventing or settling industrial disputes; and
(b)
the extent the procedures (if applicable to the industrial dispute) have been complied with by the parties and the circumstances of any compliance or non‑compliance with the procedures.
20—Voluntary conferences
(1)
SAET may, if it appears desirable, call a voluntary conference of the parties involved in an industrial dispute.
(2)
A person who attends a voluntary conference called under this section is, on application to the Registrar, entitled to be paid an amount certified by the person presiding at the conference to be reasonable, having regard to the conduct of the person both before and at the conference and to the expenses and loss of time incurred by the person.
(3)
The amount certified under subsection (2) will be paid out of money appropriated by Parliament for the purpose.
21—Compulsory conference
(1)
SAET may, if it appears desirable, call a compulsory conference of the parties involved in an industrial dispute.
(2)
SAET may summon the parties to the dispute and any other person who may be able to assist in resolving the dispute to appear at the conference.
(3)
A compulsory conference may, at the discretion of SAET, be held in public or in private or partly in public and partly in private.
(4)
A person who fails to attend a compulsory conference as required by SAET's summons or who, having attended, fails to participate in the conference as required by the person presiding at the conference commits a contempt of SAET.
(5)
A person who attends a conference as directed by the person presiding at the conference will, on application to the Registrar, be entitled to be paid an amount certified by the person presiding at the conference to be reasonable, having regard to the conduct of the person both before and at the conference and to the expenses and loss of time incurred by the person.
(6)
The amount certified under subsection (5) will be paid out of money appropriated by Parliament for the purpose.
22—Reference of questions for determination
(1)
The person presiding at a compulsory conference may, after giving reasonable notice to the persons attending at the conference, refer the subject matter of the conference for determination by SAET (which may be constituted of the person who presided at the conference under this Part).
(2)
A matter may be referred for determination by SAET under subsection (1) orally and without formality.
(3)
An order of SAET on a reference under subsection (1)—
(a)
is binding only on persons represented before SAET or summoned to appear at the conference; and
(b)
if the parties to the industrial dispute are bound by an enterprise agreement, may not affect the terms of the agreement.
23—Experience gained in settlement of dispute
After the settlement of an industrial dispute, SAET may invite the parties to the dispute to take part in discussions with a view to—
(a)
improving the process of conciliation and arbitration in accordance with the objects of this Act; and
(b)
encouraging the parties to agree on procedures for preventing or settling further disputes by discussion and agreement; and
(c)
deciding whether it would be appropriate for the parties to regulate their relationship by making an enterprise agreement or amending the terms of an existing enterprise agreement to provide more adequate means of dispute prevention or resolution.
24—Costs generally
(1)
SAET may only, in the exercise of jurisdiction under this Act, make an order for costs where specifically authorised to do so under this Act.
(2)
Subsection (1) does not apply in relation to proceedings that constitute an appeal under the South Australian Employment Tribunal Act 2014 in respect of the exercise of jurisdiction under this Act.
Part 3—Representation
25—Representation
(1)
In addition to section 51(1)(a) and (b) of the South Australian Employment Tribunal Act 2014, a party to proceedings before SAET under this Act is entitled, without leave, to be represented by—
(a)
in the case of a party that is not otherwise represented by counsel in accordance with section 51(1)(b) of the South Australian Employment Tribunal Act 2014—a registered agent; or
(b)
an officer or employee of an industrial association acting in the course of employment with that industrial association.
(2)
However, in the case of a voluntary or compulsory conference, a party or intervener may, subject to subsections (3) and (4), only be represented by a legal practitioner or registered agent with the permission of the person presiding at the conference.
(3)
Permission is not required under subsection (2) if—
(a)
the legal practitioner or registered agent is an officer or employee of—
(i)
an employer who is a party to the proceedings; or
(ii)
the United Trades and Labor Council; or
(iii)
a registered association of which a member is a party to the relevant industrial dispute; or
(b)
the legal practitioner is acting on behalf of the Minister for the purposes of the conference; or
(c)
in the case of a compulsory conference—the matter has already been referred to SAET.
(4)
Permission will only be granted under subsection (2) if (and only if)—
(a)
all of the parties consent to the application for permission; or
(b)
another party is represented by a legal practitioner or registered agent; or
(c)
another party is a legal practitioner or is legally qualified; or
(d)
the person presiding at the conference is satisfied—
(i)
the party or intervener would, if permission were not granted, be unfairly disadvantaged; or
(ii)
permission is appropriate in the circumstances.
(5)
The costs incurred by a party for representation at a voluntary or compulsory conference by a legal practitioner or registered agent acting under the preceding subsections will not be included in any order for costs.
26—Registered agents
(1)
The Registrar must maintain a register of registered agents.
(2)
A person who applies for registration or renewal of registration is entitled to registration or renewal of registration (as the case requires) if the person—
(a)
has the qualifications and experience required by regulation for registration or the renewal of registration (as the case requires); and
(b)
satisfies the Registrar as to any other matter or requirement prescribed by the regulations; and
(c)
pays the relevant fee fixed by regulation.
(3)
A person who is not entitled to practise as a legal practitioner because his or her name has been struck off the roll of legal practitioners in this State or elsewhere or because of other disciplinary action taken against him or her is not eligible to become or remain registered as an agent.

159—Amendment of section 255—Proceedings for contravention of WHS civil penalty provision
Section 255—delete "the IRC" and substitute:
SAET
160—Amendment of section 258—Civil proceeding rules and procedure to apply
Section 258—delete "The IRC" and substitute:
Despite section 32 of the South Australian Employment Tribunal Act 2014, SAET
161—Amendment of section 259—Proceeding for a contravention of a WHS civil penalty provision
Section 259(1)—delete "the IRC" wherever occurring and substitute in each case:
SAET
162—Amendment of section 262—Recovery of a monetary penalty
Section 262—delete "If the IRC" and substitute:
In connection with proceedings before SAET for the purposes of this Division, if SAET
163—Amendment of section 263—Civil double jeopardy
Section 263—delete "The IRC" and substitute:
SAET

164—Amendment of Schedule 3, clause 14

Schedule 3, clause 14—delete "the IRC" and substitute:
SAET

165—Substitution of Schedule 4

Schedule 4—delete the Schedule and substitute:
Schedule 4—Supplementary panel members
1—Supplementary panel members
(1)
For the purposes of proceedings before SAET under section 65 or Part 12, there will be the following panels of supplementary panel members:
(a)
a panel nominated by the Minister after taking into account the recommendations of employer associations;
(b)
a panel nominated by the Minister after taking into account the recommendations of the United Trades and Labor Council.
(2)
In exercising its powers under a provision referred to in subclause (1), SAET will, if the President of SAET so determines, sit with—
(a)
1 supplementary panel member from a panel referred to in subclause (1)(a); and
(b)
1 supplementary panel member from a panel referred to in subclause (1)(b).

166—Transitional provisions

(1)
In this section—
principal Act means the Work Health and Safety Act 2012;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Employment Tribunal.
(2)
A decision, direction or order of the Industrial Relations Court of South Australia or a review committee under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of the Tribunal.
(3)
A right to make any application, or to seek a review, or lodge an appeal under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Industrial Relations Court of South Australia or a review committee, 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.
(4)
Any proceedings before the Industrial Relations Court of South Australia or a review committee under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.
(5)
The Tribunal may—
(a)
receive in evidence any transcript of evidence in proceedings before the Industrial Relations Court or a review committee, and draw any conclusions of fact from that evidence that appear proper; and
(b)
adopt any findings or determinations of the Industrial Relations Court or a review committee that may be relevant to proceedings before the Tribunal; and
(c)
adopt or make any decision (including a decision in the nature of a permission), direction or order in relation to proceedings before the Industrial Relations Court or a review committee before the relevant day (including so as to make a decision or give a permission, direction or order, in relation to proceedings fully heard before the relevant day); and
(d)
take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.