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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (SACAT)
Bill 2019
A BILL FOR
An Act to amend various Acts for the purpose of vesting jurisdiction in the
South Australian Civil and Administrative Tribunal, to make associated
amendments to the
Mines
and Works Inspection Act 1920
, the
Pastoral
Land Management and Conservation Act 1989
, the
Residential
Parks Act 2007
, the
Retirement
Villages Act 2016
and the
South
Australian Civil and Administrative Tribunal Act 2013
and for other purposes.
Contents
Part 2—Amendment
of Air Transport (Route Licensing—Passenger Services)
Act 2002
4Amendment of section
3—Interpretation
Part 3—Amendment
of Architectural Practice Act 2009
7Amendment of section
3—Interpretation
8Amendment of section 7—Terms and
conditions of membership
9Amendment of section 13—Functions of
Board
10Amendment of section
15—Delegations
11Amendment of section 16—Board's
procedures
13Amendment of section 23—Annual
report
14Amendment of section 27—General
provisions relating to registers
15Amendment of section
28—Registration of natural persons as architects
16Amendment of section 31—Reinstatement on
register
17Amendment of section 36—Reinstatement on
register
18Substitution of heading to Part 4 Division
3
19Amendment of section 46—Obligation to
report unprofessional conduct of architect
48Participation of
assessors in disciplinary proceedings
23Substitution of heading to Part
5
24Amendment of section 50—Review by
Tribunal
26Amendment of section 52—Variation or
revocation of conditions imposed by Tribunal
28Amendment of section 66—Review by
Tribunal of decisions relating to courses
29Amendment of section 70—Evidentiary
provision
Part 4—Amendment
of Births, Deaths and Marriages Registration Act 1996
31Amendment of section 29J—Application to
change child's sex or gender identity
32Amendment of section 29P—Application for
identity acknowledgement certificate in respect of child
33Amendment of section 29S—Registrar may
limit number of applications
Part 5—Amendment
of Boxing and Martial Arts Act 2000
35Substitution of heading to Part
6
36Amendment of section 16—Review by
Tribunal
Part 6—Amendment
of Building Work Contractors Act 1995
38Amendment of section
3—Interpretation
39Amendment of section
10—Reviews
40Amendment of section
17—Reviews
43Amendment of section
22—Complaints
44Amendment of section 23—Hearing by
Tribunal
24Participation of
assessors in disciplinary proceedings
46Amendment of section 25—Disciplinary
action
47Amendment of section 26—Contravention of
orders
48Amendment of section 47—Commissioner and
proceedings before Tribunal
Part 7—Amendment
of Controlled Substances Act 1984
51Amendment of section
4—Interpretation
52Amendment of section 11A—Application of
Commonwealth therapeutic goods laws
11LTribunal may sit
with assessors
54Amendment of section 55—Licences,
authorities and permits
55Amendment of section 57—Power of
Minister to prohibit certain activities
Part 8—Amendment
of Dangerous Substances Act 1979
57Amendment of section
2—Interpretation
58Amendment of section 29—Provisions
relating to seizure
59Amendment of section
33—Notices
61Amendment of section
50—Regulations
Part 9—Amendment
of Electoral Act 1985
63Amendment of section
4—Interpretation
64Amendment of section 31A—Itinerant
persons
65Amendment of section 32B—Enrolment or
transfer of enrolment
66Amendment of section 35—Determination of
objection
67Amendment of section
42—Registration
68Substitution of heading to Part
12
69Substitution of heading to Part 12 Division
1
70Amendment of section 100—Reviewable
decisions
71Amendment of section 101—Review by
Electoral Commissioner or Tribunal
Part 10—Amendment
of Employment Agents Registration Act 1993
73Amendment of section
3—Interpretation
74Amendment of section 7—Application for
a licence
75Amendment of section 9—Application for
renewal of a licence
Part 11—Amendment
of Equal Opportunity Act 1984
78Amendment of section
5—Interpretation
79Amendment of section 92—Tribunal may
grant exemptions
80Amendment of section 95B—Referral of
complaints to Tribunal
81Amendment of section 96—Power of
Tribunal to make certain orders
82Substitution of Heading to Part 8 Division
2
Division 2—Reviews and
appeals
83Amendment of section 96B—Review of
refusal to extend time
96CNo internal
review by Tribunal
85Insertion of sections 98 to 98C
86Amendment of section 100—Proceedings
under Fair Work Act 1994
Part 12—Amendment
of Gene Technology Act 2001
89Amendment of section
10—Definitions
90Amendment of section 19—Review of
certain decisions
91Amendment of section 183—Review of
decisions by South Australian Civil and Administrative Tribunal
Part 13—Amendment
of Hairdressers Act 1988
93Amendment of section
4—Interpretation
94Amendment of section 4B—Right of
review
Part 14—Amendment
of Health and Community Services Complaints Act 2004
96Amendment of section
4—Interpretation
97Amendment of section 56—Right of
review
98Amendment of section
56E—Review
Part 15—Amendment
of Health Care Act 2008
100Amendment of section
3—Interpretation
101Amendment of section 58—Licence to
provide non-emergency ambulance services
102Amendment of section 87—Review of
decision or order of Minister
103Amendment of section 89I—Review of
decision or order of Minister
Part 16—Amendment
of Health Practitioner Regulation National Law (South Australia)
Act 2010
105Amendment of section
3—Definitions
106Amendment of section 6—Responsible
tribunal for Health Practitioner Regulation National Law
6AReview of
appellable decisions by Tribunal
6BNo internal
review by Tribunal
Part 3—Tribunal proceedings and
powers
9Participation of
assessors on Tribunal
10Interim power to
suspend or impose conditions
12Failure to
comply with a summons
13Request to submit to medical
examination at request of another party
14Non-compliance
with request to submit to medical examination
109Amendment of section
47—Notices
111Substitution of sections 62 and
63
63Operation of
order may be suspended
63AVariation or
revocation of conditions imposed by Tribunal
Part 17—Amendment
of Mines and Works Inspection Act 1920
113Amendment of section 10—Powers of
inspector on inspection
114Amendment of section
11—Reviews—amenity issues
Part 18—Amendment
of Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013
115Amendment of section
3—Interpretation
118Amendment of Schedule 1—Expert review
panels
Part 19—Amendment
of Motor Vehicles Act 1959
120Amendment of section
5—Interpretation
121Amendment of section 98PC—Cause for
disciplinary action
122Amendment of section
98PD—Complaints
123Substitution of sections 98PE and
98PF
98PFAppointment,
selection etc of assessors
124Amendment of section 98PG—Disciplinary
action
125Amendment of section 98T—Permit
contents, conditions and entitlements
126Substitution of section 98ZA
Part 20—Amendment of Pastoral Land
Management and Conservation Act 1989
129Amendment of section 50—Jurisdiction
of Tribunal
Part 21—Amendment
of Plumbers, Gas Fitters and Electricians Act 1995
130Amendment of section
3—Interpretation
131Amendment of section
10—Reviews
132Amendment of section
17—Reviews
135Amendment of section
21—Complaints
136Amendment of section 22—Hearing by
Tribunal
23Participation of
assessors in disciplinary proceedings
138Amendment of section 24—Disciplinary
action
139Amendment of section 25—Contravention
of orders
140Amendment of section 31—Commissioner
and proceedings before Tribunal
Part 22—Amendment
of Research Involving Human Embryos Act 2003
143Amendment of section
3—Interpretation
144Amendment of section
21—Interpretation
145Amendment of section 22—Review of
decisions
Part 23—Amendment
of Residential Parks Act 2007
Part 24—Amendment
of Retirement Villages Act 2016
148Amendment of Schedule 1—Proceedings
before the Tribunal
Part 25—Amendment
of Second-hand Vehicle Dealers Act 1995
149Amendment of section
3—Interpretation
150Amendment of section
10—Reviews
152Amendment of section 14B—Commissioner
may cancel, suspend or impose conditions on licence
153Amendment of section
28—Complaints
154Amendment of section 29—Hearing by
Tribunal
30Participation of
assessors in disciplinary proceedings
156Amendment of section 31—Disciplinary
action
157Amendment of section 32—Contravention
of orders
158Amendment of section 40—Commissioner
and proceedings before Tribunal
Part 26—Amendment
of South Australian Civil and Administrative Tribunal
Act 2013
161Amendment of section
22—Assessors
163Amendment of section 90—Accessibility
of evidence
164Amendment of section 93A—Disrupting
proceedings of Tribunal
Part 27—Amendment
of South Australian Public Health Act 2011
165Amendment of section
3—Interpretation
166Amendment of section 76—Review by
Tribunal
167Amendment of section
92—Notices
168Amendment of section
95—Reviews—notices relating to general duty
169Amendment of section 96—Review by
Tribunal
170Amendment of section 108—Evidentiary
provision
Part 28—Amendment
of State Lotteries Act 1966
172Amendment of section 4—Constitution of
Commission
173Substitution of section 18AA
Part 29—Amendment
of Tattooing Industry Control Act 2015
175Amendment of section
3—Interpretation
176Amendment of section 5—Criminal
intelligence
178Amendment of section 12—Authorised
officers may direct persons
179Substitution of heading to Part
5
180Amendment of section
17—Review
Part 30—Amendment
of Training and Skills Development Act 2008
182Amendment of section
4—Interpretation
183Substitution of heading to Part 3 Division
5
184Amendment of section 42—Review by
Tribunal
185Amendment of section 61—Review by
Tribunal
Part 31—Amendment
of Veterinary Practice Act 2003
187Amendment of section
3—Interpretation
188Amendment of section 7—Terms and
conditions of membership
189Amendment of section
16—Delegations
190Amendment of section
17—Procedures
191Amendment of section 19—Powers in
relation to witnesses etc
192Amendment of section 30—Provisions of
general application to registers
193Amendment of section 34—Removal from
register or specialty
194Amendment of section 35—Reinstatement
on register or in specialty
195Amendment of section 38—Contravention
of conditions of registration
198Repeal of Part 5 Division 5
199Substitution of heading to Part
6
200Amendment of section 66—Review by
Tribunal
201Amendment of section 67—Variation or
revocation of conditions imposed by Tribunal
202Amendment of section 76—Evidentiary
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (SACAT)
Act 2019.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Air Transport (Route
Licensing—Passenger Services) Act 2002
4—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of scheduled air
service insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 4—delete the Part and substitute:
Part 4—Reviews
15—Reviews
(a) the holder of a route service licence is dissatisfied
with—
(i) a decision of the Minister with respect to the variation, or proposed
variation, of a condition of the licence under section 8(5); or
(ii) a decision of the Minister on an application for a variation of a
condition of the licence under section 8(6); or
(iii) a decision of the Minister refusing consent to a dealing with the
licence under section 10(1); or
(iv) a decision of the Minister refusing consent to the surrender of the
licence under section 14(1); or
(v) a decision of the Minister to suspend or cancel the licence (other
than a decision to cancel the licence in conjunction with the expiration of the
period of the relevant declaration under Part 2); or
(b) an existing
operator within the meaning of section 12 is dissatisfied with a decision
of the Minister fixing the conditions of a service route licence offered to the
existing operator under that section,
the holder of the licence or the existing operator (as the case may be) may
seek a review of the decision by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) An application for a review must be made—
(a) in the case of a review of a decision referred to in
subsection (1)(b)
—within 14 days after the applicant receives notice of the
decision; or
(b) in any other case—within 21 days after the applicant
receives notice of the relevant decision,
(or within such longer period as the Tribunal may allow).
(3) The Minister must, if so required by a person affected by a decision
of the Minister that is, or may, the subject of a review by the Tribunal, state
in writing the reasons for the decision.
(4) Except as provided by this section, a decision of the Minister
under Part 2 or 3 is not subject to review or appeal in the
Tribunal or any court.
(1) A right to appeal to the Administrative and Disciplinary Division of
the District Court under section 15 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
Air
Transport (Route Licensing—Passenger Services) 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 3—Amendment
of Architectural Practice
Act 2009
7—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of District Court—delete
the definition
(2) Section 3(1)—after the definition of representative
body insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
8—Amendment
of section 7—Terms and conditions of membership
Section 7(5)—delete subsection (5)
9—Amendment
of section 13—Functions of Board
Section 13(4)—delete subsection (4)
10—Amendment
of section 15—Delegations
Section 15(1)(b)—delete paragraph (b)
11—Amendment
of section 16—Board's procedures
(1) Section 16(2)—delete "(other than for the purposes of hearing
and determining proceedings under Part 4)"
(2) Section 16(4)—delete ", except in hearing and determining
proceedings under Part 4,"
(3) Section 16(7)—delete subsection (7)
12—Repeal
of sections 18 to 21
Sections 18 to 21 (inclusive)—delete the sections
13—Amendment
of section 23—Annual report
Section 23(2)(a)(iii)—delete "Board" and substitute:
Tribunal
14—Amendment
of section 27—General provisions relating to
registers
Section 27(5)—after "legal proceedings" insert:
(including proceedings before the Tribunal)
15—Amendment
of section 28—Registration of natural persons as
architects
Section 28—after subsection (3) insert:
(4) The Board may, at any time, on application by a registered architect,
vary or revoke a condition imposed by the Board in relation to the person's
registration under this section.
16—Amendment
of section 31—Reinstatement on register
Section 31(1)(c)—delete "Board" and substitute:
Tribunal
17—Amendment
of section 36—Reinstatement on register
Section 36(1)(c)—delete "Board" and substitute:
Tribunal
18—Substitution
of heading to Part 4 Division 3
Heading to Part 4 Division 3—delete the heading to Division 3 and
substitute:
Division 3—Disciplinary
proceedings
19—Amendment
of section 46—Obligation to report unprofessional conduct of
architect
(1) Section 46(1)—delete "Board" and substitute:
Registrar
(2) Section 46(2)—delete "Board" and substitute:
Registrar
20—Amendment
of section 47—Hearing by Tribunal as to matters constituting grounds for
disciplinary action
(1) Section 47(1)—delete "(the respondent) may be laid
before the Board (in a manner and form approved by the Board)" and
substitute:
may be laid before the Tribunal
(2) Section 47(2)—delete subsection (2)
(3) Section 47(3)—delete "Board" and substitute:
Tribunal
(4) Section 47(4)—delete subsection (4) and substitute:
(4) The Tribunal may (without limiting the powers of the Tribunal under
the
South
Australian Civil and Administrative Tribunal Act 2013
), during the hearing of a complaint under this section—
(a) allow an adjournment to enable an inspector to investigate or further
investigate matters to which the complaint relates; and
(b) allow the modification of the complaint or additional allegations to
be included in the complaint subject to any conditions as to adjournment and
notice to parties and other conditions that the Tribunal may think fit to
impose.
(5) Section 47(5)—delete subsection (5) and substitute:
(5) On the hearing of a complaint, the Tribunal may, if it is satisfied
that there is proper cause for taking disciplinary action against the person to
whom the complaint relates, by order, do 1 or more of the following:
(a) reprimand the person;
(b) impose a fine not exceeding $10 000 on the person;
(c) if the person is a registered architect—
(i) impose conditions on the person's registration restricting the
person's right to provide services as an architect;
(ii) suspend the person's registration for a period not exceeding 1
year;
(iii) cancel the person's registration;
(iv) disqualify the person from being registered;
(d) if the person is a body corporate, or a partner in a partnership, that
is a registered architectural business—
(i) suspend the registration of the body corporate or partnership for a
period not exceeding 1 year;
(ii) cancel the registration of the body corporate or
partnership;
(iii) disqualify the body corporate or partnership from being
registered.
(6) Section 47(6)—delete "Board" and substitute:
Tribunal
(7) Section 47—after subsection (6) insert:
(6a) The Tribunal must, following the determination of proceedings under
this section, notify the Board of the outcome of the proceedings.
(6b) The Tribunal may,
on application by a party to the proceedings, vary or revoke a condition imposed
by the Tribunal under this section in relation to the person's registration
under this Act.
(6c) An application under
subsection (6b)
may not be made—
(i) within 1 month of the imposition of the condition by the Tribunal to
which the application relates; or
(ii) within 12 months of any previous application under
subsection (6b)
by the party to vary or revoke a condition,
unless leave is granted by the Tribunal.
(6d) The Board, the Minister and representative bodies are entitled to
appear and be heard on an application under
subsection (6b)
.
(6e) A fine imposed by the Tribunal under subsection (5) is payable to the
Board (and is recoverable by the Board as a debt).
(8) Section 47(8) and (9)—delete subsections (8) and (9)
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 persons who are
registered architects.
(2) In any proceedings under this Part, the Tribunal will, 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
.
Section 49—delete the section and substitute:
49—Related provisions
(1) The Registrar of
the Board must, if the person the subject matter of proceedings before the
Tribunal under this Part is a partner in a partnership that is a registered
architectural business, give such written notice as the Registrar thinks fit to
each partner in the partnership, of the time and place at which the Tribunal
intends to conduct those proceedings.
(2) The requirement to give notice under
subsection (1)
does not extend to adjournments.
(3) Each partner in a partnership to whom notice is given under
subsection (1)
is entitled to appear and be heard in the proceedings.
23—Substitution
of heading to Part 5
Heading to Part 5—delete the heading and substitute:
Part 5—Reviews
24—Amendment
of section 50—Review by Tribunal
(1) Section 50(1)—delete "An appeal lies to the District Court
against—" and substitute:
A person may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the following decisions of the Board:
(2) Section 50(1)—delete "; or" wherever occurring and substitute in
each case:
;
(3) Section 50(1)(d)—delete paragraph (d)
(4) Section 50(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) An application for review must be made within 1 month of the date of
the making of the relevant decision of the Board.
Section 51—delete the section
26—Amendment
of section 52—Variation or revocation of conditions imposed by
Tribunal
Section 52(1)—delete subsection (1) and substitute:
(1) The Tribunal may,
on application by a party to the proceedings, vary or revoke a condition imposed
by the Tribunal in relation to a person's registration in proceedings under this
Part.
(1a) An application under
subsection (1)
may not be made—
(i) within 1 month of the imposition of the condition by the Tribunal to
which the application relates; or
(ii) within 12 months of any previous application under
subsection (1)
by the party to vary or revoke a condition,
unless leave is granted by the Tribunal.
Section 53—delete the section
28—Amendment
of section 66—Review by Tribunal of decisions relating to
courses
(1) Section 66(1)—delete "apply to the Minister" and
substitute:
make an application to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
(2) Section 66(2)—delete subsection (2)
29—Amendment
of section 70—Evidentiary provision
Section 70(2)—after "legal proceedings" insert:
(including proceedings before the Tribunal)
(1) A right to lay a complaint under section 47 of the principal Act with
respect to a matter in existence before the relevant day, with the effect that
the relevant proceedings would have been commenced before the Board, will be
exercised as if this Part had been in operation before the right arose, so that
the complaint may be laid instead before the Tribunal.
(2) A decision or order of the Board under Part 4 Division 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 order of the Tribunal.
(3) Any proceedings
before the Board under Part 4 Division 3 of the principal Act immediately before
the relevant day that have proceeded to a listing will, unless the President of
the Tribunal and the presiding member of the Board otherwise agree, continue and
be determined by the Board under the principal Act as if it had not been amended
by this Part.
(4) Any decisions or orders arising out of any proceedings before the
Board referred to in
subsection (3)
will take effect as if they were a decision or order of the Tribunal
(including for the purposes of exercising any rights of review or appeal under
the
South
Australian Civil and Administrative Tribunal Act 2013
).
(5) Any proceedings
before the Board under Part 4 Division 3 of the principal Act immediately before
the relevant day that have not proceeded to a listing 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.
(6) The Tribunal may take such steps as the Tribunal thinks fit to promote
or ensure the smoothest possible transition from 1 jurisdiction to another in
connection with the operation of
subsection (5)
.
(7) A right of appeal under section 50 of the principal Act, other than
under section 50(1)(d), 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.
(8) Nothing in this section affects a right of appeal to the
Administrative and Disciplinary Division of the District Court against a
decision of the Board in proceedings under Part 4 made or given before the
relevant day (as the right existed under section 50(1)(d) of the principal
Act before its repeal by this Act).
(9) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(10) A right to apply
for review under section 66 of the principal Act in existence before the
relevant day (but not 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 by making
application to the Minister under that section.
(11) Nothing in
subsection (10)
affects any proceedings arising from an application made under section 66
of the principal Act before the relevant day.
(12) For the purposes of this section, proceedings of the Board, in
respect of a matter, have proceeded to a listing if a hearing
(including a directions hearing, interlocutory hearing or other preliminary
hearing) has been held by the Board.
(13) In this section—
Board means the Architectural Practice Board of South
Australia established under the principal Act;
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013
;
principal Act means the
Architectural
Practice 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 4—Amendment
of Births, Deaths and Marriages Registration
Act 1996
31—Amendment
of section 29J—Application to change child's sex or gender
identity
(1) Section 29J(2)(b)—delete "Court" and substitute:
Tribunal
(2) Section 29J(4)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(3) Section 29J(5)—delete "Court" and substitute:
Tribunal
(4) Section 29J(6)—delete subsection (6)
32—Amendment
of section 29P—Application for identity acknowledgement certificate in
respect of child
(1) Section 29P(2)(d)—delete "Court" and substitute:
Tribunal
(2) Section 29P(4)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(3) Section 29P(5)—delete "Court" and substitute:
Tribunal
(4) Section 29P(6)—delete subsection (6)
33—Amendment
of section 29S—Registrar may limit number of
applications
(1) Section 29S(3)—delete "appeal against the decision to the Court"
and substitute:
apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the decision
(2) Section 29S(4)—delete "An appeal under this section" and
substitute:
An application for review
(3) Section 29S(4)—after "application" insert:
referred to in subsection (2)(b)
(4) Section 29S(5)—delete "an appeal under this section" and
substitute:
a review
(5) Section 29S(5)—delete "Court" and substitute:
Tribunal
(1) A right to make an application to the Magistrates Court under section
29J or 29P, or appeal to the Magistrates Court under section 29S, 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 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 5—Amendment
of Boxing and Martial Arts
Act 2000
35—Substitution
of heading to Part 6
Heading to Part 6—delete the heading and substitute:
Part 6—Reviews
36—Amendment
of section 16—Review by Tribunal
(1) Section 16(1)—delete "appeal to the Administrative and
Disciplinary Division of the District Court against the decision" and
substitute:
apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the Minister's decision
(2) Section 16(2)—delete subsection (2) and substitute:
(2) Subject to subsection (4), an application for review under subsection
(1) must be made within 1 month of the making of the Minister's
decision.
(3) Section 16(4)—delete "instituting an appeal" and
substitute:
making an application to the Tribunal for review
(4) Section 16—after subsection (4) insert:
(5) In this section—
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
(1) A right of appeal under section 16 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
Boxing
and Martial Arts Act 2000
;
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 6—Amendment
of Building Work Contractors
Act 1995
38—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of District Court—delete
the definition
(2) Section 3(1)—after the definition of subcontract
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
39—Amendment
of section 10—Reviews
(1) Section 10(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) An applicant for a licence may apply to the Tribunal under section 34
of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of a decision of the Commissioner refusing the
application.
(2) Subject to subsection (4), an application for review must be made
within 1 month of the making of the Commissioner's decision.
(2) Section 10(4)—delete "instituting an appeal" and
substitute:
making an application for review
40—Amendment
of section 17—Reviews
(1) Section 17(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) An applicant for registration may apply to the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of a decision of the Commissioner refusing the
application.
(2) Subject to subsection (4), an application for review must be made
within 1 month of the making of the Commissioner's decision.
(2) Section 17(4)—delete "instituting an appeal" and
substitute:
making an application for review
41—Amendment
of section 19A—Commissioner may suspend or impose conditions on licence or
registration in urgent circumstances
(1) Section 19A(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) A person whose licence or registration is suspended or made subject to
conditions under this section may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the decision of the Commissioner to suspend the licence or
registration or to impose the conditions.
(5) Subject to subsection (7), an application for review must be made
within 1 month of the making of the relevant decision of the
Commissioner.
(2) Section 19A(6)—delete "appellant" and substitute:
person whose licence or registration has been suspended or made subject to
conditions
(3) Section 19A(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 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.
42—Amendment
of section 19B—Commissioner may cancel, suspend or impose conditions on
licence or registration
(1) Section 19B(3) and (4)—delete subsections (3) and (4) and
substitute:
(3) A person whose licence or registration is cancelled, suspended or made
subject to conditions under this section may apply to the Tribunal under section
34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the decision of the Commissioner to cancel or suspend the
licence or registration or to impose the conditions.
(4) Subject to subsection (6), an application for review must be made
within 1 month of the making of the relevant decision of the
Commissioner.
(2) Section 19B(5)—delete "appellant" and substitute:
person whose licence or registration has been cancelled or suspended or
made subject to conditions
(3) Section 19B(6) and (7)—delete subsections (6) and (7) and
substitute:
(6) 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 written statement of those reasons.
43—Amendment
of section 22—Complaints
Section 22—delete "District Court" and substitute:
Tribunal
44—Amendment
of section 23—Hearing by Tribunal
(1) Section 23—delete "District Court" wherever occurring and
substitute in each case:
Tribunal
(2) Section 23(2)—delete "the Court" wherever occurring and
substitute in each case:
the Tribunal
Section 24—delete the section and substitute:
24—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 building work contractors; and
(b) persons
representative of members of the public who deal with building work
contractors,
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 will, if the
President so determines, sit with 1 or more assessors from the panel.
(4) In this section—
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013
.
46—Amendment
of section 25—Disciplinary action
Section 25—delete "District Court" wherever occurring and substitute
in each case:
Tribunal
47—Amendment
of section 26—Contravention of orders
Section 26—delete "District Court" and substitute:
Tribunal
48—Amendment
of section 47—Commissioner and proceedings before
Tribunal
(1) Section 47(1)—delete "District Court" and substitute:
Tribunal
(2) Section 47(1)—after "Part 2, 3" insert:
, 3A, 3B
(3) Section 47—after subsection (2) insert:
(3) Subsection (1) applies in addition to section 53 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
Schedule 1—delete the Schedule
(1) A right of appeal under section 10, 17, 19A or 19B 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) A right to lodge a complaint under section 22 of the principal Act
with respect to a matter in existence before the relevant day, with the effect
that the relevant proceedings would have been commenced before the
Administrative and Disciplinary Division of the District Court, 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 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 force immediately before the
relevant day) will cease 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
Building
Work Contractors Act 1995
;
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 7—Amendment
of Controlled Substances
Act 1984
51—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of trafficable
quantity insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
52—Amendment
of section 11A—Application of Commonwealth therapeutic goods
laws
Section 11A(3)(b)—delete "Administrative and Disciplinary Division of
the District Court of South Australia" and substitute:
Tribunal
53—Substitution
of section 11L
Section 11L—delete the section and substitute:
11L—Tribunal may sit with
assessors
(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 persons who have
expertise that would be of value to the Tribunal in relation to proceedings
before the Tribunal on a review or an appeal under the applied
provisions.
(2) In any proceedings before the Tribunal on a review or an appeal under
the applied provisions, 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
.
54—Amendment
of section 55—Licences, authorities and permits
(1) Section 55(5)—delete subsection (5) and
substitute:
(5) If the Minister makes a decision under subsection (4)(c) to
suspend or revoke a person's licence, authority or permit, the person may seek a
review of the decision by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) Section 55(6)—delete "an appeal must be instituted" and
substitute:
an application for a review must be made
(3) Section 55(7)—delete "appellant" and substitute:
person applying for a review
(4) Section 55(8)—delete subsection (8) and substitute:
(8) If the reasons of the Minister are not given in writing at the time of
making the decision that is to be the subject of a review and the person seeking
the review, within 1 month of the making of the decision, requires 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.
55—Amendment
of section 57—Power of Minister to prohibit certain
activities
(1) Section 57(5) and (6)—delete subsections (5) and (6)
and substitute:
(5) If the Minister decides to make an order under subsection (1), a
person to whom the order applies may seek a review of the Minister's decision by
the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(6) Subject to subsection (8), an application for a review must be
made within 1 month after the applicant receives notice of the relevant
order.
(2) Section 57(7)—delete "appellant" and substitute:
person applying for a review
(3) Section 57(8)—delete subsection (8) and substitute:
(8) If the reasons of the Minister are not given in writing at the time of
making the decision that is to be the subject of a review and the person seeking
the review, within 1 month of the making of the decision, requires 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.
(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 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 under
the principal Act before the relevant day.
(4) A member of a panel of persons who may sit as assessors established
under 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
Controlled
Substances 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 8—Amendment
of Dangerous Substances
Act 1979
57—Amendment
of section 2—Interpretation
Section 2(1)—after the definition of transport
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
58—Amendment
of section 29—Provisions relating to seizure
Section 29(4), definition of the prescribed
period—delete "Administrative and Disciplinary Division of the
Court" and substitute:
Tribunal
59—Amendment
of section 33—Notices
Section 33(2)(e)—delete the paragraph and substitute:
(e) must state that the person may seek a review of the decision to issue
the notice by the Tribunal.
Section 37—delete the section and substitute:
37—Reviews
(a) a person directly affected by a decision of the Competent Authority
relating to a licence, accreditation or permit is dissatisfied with the
decision; or
(b) a person to
whom a notice has been issued under Part 6 is dissatisfied with the
decision to issue the notice; or
(c) a person who applies for an exemption under section 36 is
dissatisfied with a decision of the Competent Authority not to grant the
exemption, or to impose a particular condition on an exemption,
the person may seek a review of the decision by the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) In
circumstances where an application for a review of a decision may be made under
the regulations, a person may seek a review of the decision by the Tribunal
under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(3) However, a right to seek a review under this section operates subject
to any process under the regulations that provides for reconsideration of a
decision before an application for a review of the decision may be made to the
Tribunal.
(4) An application for a review must be made—
(a) in the case of a review of a decision to issue a notice under
Part 6—within 14 days of the receipt of the notice; or
(b) in the case of a review under
subsection (2)
—within the time prescribed by the regulations; or
(c) in any other case—within 1 month after the applicant
receives notice of the relevant decision,
(or within such longer period as the Tribunal may allow).
61—Amendment
of section 50—Regulations
Section 50(2)(y)—delete "Administrative and Disciplinary Division of
the District Court" and substitute:
Tribunal
(1) A right to appeal to the Administrative and Disciplinary Division of
the District Court under section 37 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 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 under
the principal Act before the relevant day.
(4) In this section—
principal Act means the
Dangerous
Substances Act 1979
;
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 9—Amendment
of Electoral
Act 1985
63—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of to publish
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 31A—Itinerant persons
Section 31A(8)(c)—delete "appeal against" and substitute:
seek a review of
65—Amendment
of section 32B—Enrolment or transfer of enrolment
Section 32B(3)(c)—delete "appeal against" and substitute:
seek a review of
66—Amendment
of section 35—Determination of objection
Section 35(3)(c)—delete "appeal against" and substitute:
seek a review of
67—Amendment
of section 42—Registration
Section 42(6)(c)—delete "appeal against" and substitute:
seek a review of
68—Substitution
of heading to Part 12
Heading to Part 12—delete the heading and substitute:
Part 12—Reviews and Court of Disputed
Returns
69—Substitution
of heading to Part 12 Division 1
Heading to Part 12 Division 1—delete the heading to Division 1 and
substitute:
Division 1—Reviews
70—Amendment
of section 100—Reviewable decisions
(1) Section 100(1)—delete "An appeal under this Division may be made
against any of the following decisions" and substitute:
The following are reviewable decisions for the purposes of
this Division
(2) Section 100(2)—delete "decision that may be appealed against
under this Division" and substitute:
reviewable decision if
(3) Section 100(2)(a)—delete "if"
(4) Section 100(2)(b)—delete "if"
71—Amendment
of section 101—Review by Electoral Commissioner or
Tribunal
(1) Section 101(1)—delete "decision that may be appealed against
under this Division may appeal against the decision to" and
substitute:
reviewable decision may seek a review of the decision by
(2) Section 101(1)(b)—delete "Administrative and Disciplinary
Division of the District Court" and substitute:
Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
(3) Section 101(2)—delete "appeal must be instituted" and
substitute:
application for review must be made
(4) Section 101(3)—delete "an appeal to" and substitute:
a review by
(5) Section 101(3)(a)—delete "appeal be instituted" and
substitute:
application for review be made
(6) Section 101(3)(b)—delete "appeal" first occurring and
substitute:
application for review
(7) Section 101(3)(b)—delete "appeal" second occurring and
substitute:
application
(8) Section 101(3)(c)—delete "appellant" and substitute:
applicant
(9) Section 101(3)(c)—delete "appeal" and substitute:
review
(10) Section 101(3)(d)(i)—delete "decision appealed against" and
substitute:
reviewable decision
(11) Section 101(4)—delete "District Court under Part 6 Division 2
of the
District
Court Act 1991
" and substitute:
Tribunal under the
South
Australian Civil and Administrative Tribunal Act 2013
(1) A right of appeal to the District Court under Part 12
Division 1 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
Electoral
Act 1985
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
Part 10—Amendment
of Employment Agents Registration
Act 1993
73—Amendment
of section 3—Interpretation
Section 3—after the definition of registered premises
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
74—Amendment
of section 7—Application for a licence
Section 7(13)(c)—delete "appeal" and substitute:
review
75—Amendment
of section 9—Application for renewal of a licence
Section 9(4)(b)—delete "appeal" and substitute:
review
Section 15—delete the section and substitute:
15—Reviews
(1) The Tribunal has jurisdiction to deal with matters consisting of a
review of a decision of the Director under Division 1.
(2) An application for review of a decision of the Director under
Division 1 may be made to the Tribunal within 28 days after the
applicant receives notice of the relevant decision (or such longer period as the
Tribunal may allow).
(3) Without derogating from the powers of the Tribunal under section 36 of
the
South
Australian Civil and Administrative Tribunal Act 2013
, if a review relates to a decision of the Director—
(a) to refuse to renew a licence; or
(b) to refuse to transfer a licence; or
(c) to cancel a licence,
the Director or the Tribunal may order that the licence remain in force
until the determination of the review.
(1) A right to appeal to the Magistrates Court under section 15 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 Magistrates
Court commenced under the principal Act before the relevant day.
(3) In this section—
principal Act means the
Employment
Agents Registration 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 11—Amendment
of Equal Opportunity
Act 1984
78—Amendment
of section 5—Interpretation
(1) Section 5(1), after the definition of Registrar
insert:
SAET means the South Australian Employment Tribunal
established under the
South
Australian Employment Tribunal Act 2014
;
(2) Section 5(1), definition of Tribunal—delete "South
Australian Employment Tribunal established under the
South
Australian Employment Tribunal Act 2014
" and substitute:
South Australian Civil and Administrative Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
79—Amendment
of section 92—Tribunal may grant exemptions
Section 92—after subsection (8) insert:
(9) A decision of the Tribunal under this section may not be the subject
of an application for internal review under section 70 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
80—Amendment
of section 95B—Referral of complaints to Tribunal
Section 95B—after its present contents (now to be designated as
subsection (1)) insert:
(2) Despite subsection
(1)(ba), if, in respect of a complaint, the Commissioner is of the opinion
that—
(a) the complaint relates to a matter that may be the subject of
proceedings under another Act in respect of which SAET has jurisdiction;
and
(b) the matter should be transferred to SAET (whether or not there has
been an attempt to resolve the matter by conciliation),
the Commissioner may refer the matter to SAET for hearing and determination
(but nothing in this subsection prevents the Commissioner from acting under
subsection (1)(ba)).
(3) If the Commissioner refers a matter to SAET under
subsection (2)
, SAET will be taken to have jurisdiction under this Act to deal with the
matter and the matter may be determined by SAET in accordance with this
Act.
81—Amendment
of section 96—Power of Tribunal to make certain
orders
Section 96(4) and (5)—delete subsections (4) and (5)
82—Substitution
of Heading to Part 8 Division 2
Heading to Part 8 Division 2—delete the heading and
substitute:
Division 2—Reviews and appeals
83—Amendment
of section 96B—Review of refusal to extend time
(1) Section 96B(1)—after "Tribunal" insert:
under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
(2) Section 96B(3)—delete subsection (3)
After section 96B insert:
96C—No internal review by
Tribunal
A decision or order of the Tribunal in proceedings under this Part
(including a decision to refer a matter to the Commissioner for investigation
under section 93A) may not be the subject of an application for an internal
review under section 70 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
85—Insertion
of sections 98 to 98C
After section 97 insert:
98—Representation
In addition to section 56(1) of the
South
Australian Civil and Administrative Tribunal Act 2013
, a person appearing in proceedings before the Tribunal may, by leave of
the Tribunal, be represented by an officer or employee of a registered
industrial association.
98A—Appeals
(1) A right of appeal lies to the Supreme Court against—
(a) a decision by the Tribunal on an application for the grant, renewal or
revocation of an exemption; or
(b) a decision or order made by the Tribunal in proceedings under this
Part.
(2) An appeal under this section may be made by a party to the proceedings
to which the appeal relates.
(3) The following provisions operate in connection with the application of
section 71 of the
South
Australian Civil and Administrative Tribunal Act 2013
in relation to an appeal under this section:
(a) section 71(2), (2a) and (3a) of the
South
Australian Civil and Administrative Tribunal Act 2013
do not apply;
(b) if the reasons of the Tribunal were not given in writing at the time
of the making of a decision or order and the appellant then requested the
Tribunal to state its reasons in writing, the time for instituting the appeal
under section 71 of the
South
Australian Civil and Administrative Tribunal Act 2013
runs from the time when the written statement of those reasons is given to
the appellant;
(c) an appeal under this section must be conducted as a review of the
decision or order of the Tribunal;
(d) the Supreme Court may, on the hearing of an appeal, exercise 1 or more
of the following powers:
(i) affirm, vary or quash the decision or order appealed against, or
substitute, or make in addition, a decision or order that should have been made
in the first instance;
(ii) remit the subject matter of the appeal to the Tribunal for further
hearing or consideration or for rehearing;
(iii) make any order as to costs or any other matter that the justice of
the case requires.
98B—Transfer of proceedings
(1) The Tribunal
may, on application by a party to the proceedings or on its own initiative,
transfer proceedings before the Tribunal under this Act (the transferred
proceedings) to SAET if—
(a) the transferred proceedings include or relate to matters that may be
the subject of proceedings under another Act in respect of which SAET has
jurisdiction; and
(b) the Tribunal considers that it would be more appropriate or
expeditious for the transferred proceedings to be dealt with by SAET.
(2) The following provisions apply to transferred proceedings under
subsection (1)
:
(a) SAET will be taken to have jurisdiction under this Act to deal with
the matter the subject of the transferred proceedings;
(b) the transferred proceedings may be determined by SAET in accordance
with this Act.
(3) If proceedings are transferred to SAET under
subsection (1)
—
(a) a registrar or other member of the staff of the Tribunal must forward
to SAET—
(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) SAET 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 SAET; 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 SAET; 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.
98C—No application for review
A decision of the Tribunal to transfer proceedings before the Tribunal to
SAET under
section 98B(1)
may not be the subject of an application for an internal review under
section 70 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
86—Amendment
of section 100—Proceedings under Fair Work
Act 1994
(1) Section 100(1)—after "proceedings" insert:
before SAET
(2) Section 100(6)—delete "the Tribunal in proceedings before the
Tribunal" and substitute:
SAET in proceedings before SAET
Schedule 1—delete the Schedule
(1) Any proceedings
before the South Australian Employment Tribunal under the principal Act
immediately before the relevant day that have proceeded to a listing will,
unless the President of the Tribunal and the President of the South Australian
Employment Tribunal otherwise agree, continue and be completed in all respects
under the principal Act as if this Part had not come into operation.
(2) A decision arising out of any proceedings under
subsection (1)
will take effect as if it were a decision of the South Australian
Employment Tribunal under the principal Act (including for the purposes of
exercising any rights of review or appeal).
(3) In relation to proceedings before the South Australian Employment
Tribunal under the principal Act immediately before the relevant day that have
not proceeded to a listing, the proceedings 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.
(4) Without limiting a preceding subsection, a right to make any
application or referral, or to seek a review, 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 South Australian
Employment Tribunal, 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.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the South Australian Employment Tribunal, and draw any conclusions of fact from
that evidence that appear proper; and
(b) adopt any findings or determinations of the South Australian
Employment Tribunal that may be relevant to proceedings before the Tribunal;
and
(c) adopt or make any decision (including a decision in the nature of a
determination), direction or order in relation to proceedings before the South
Australian Employment Tribunal before the relevant day (including so as to make
a decision or determination, or a 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.
(6) Nothing in a preceding subsection affects proceedings under section
100 of the principal Act.
(7) An exemption granted by the South Australian Employment Tribunal under
section 92 of the principal Act in force immediately before the relevant
day will, on and from the relevant day, be taken to be an exemption granted by
the Tribunal.
(8) A member of a panel established under Schedule 1 of the principal Act
(as in force immediately before the relevant day) 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).
(9) In this section—
principal Act means the
Equal
Opportunity Act 1984
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
Part 12—Amendment
of Gene Technology
Act 2001
89—Amendment
of section 10—Definitions
(1) Section 10, definition of District Court—delete
the definition
(2) Section 10—after the definition of thing
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
90—Amendment
of section 19—Review of certain decisions
Section 19, note—delete "appeal against a reviewable decision under
this Act to the District Court" and substitute:
apply for review of a reviewable decision under this Act to the
Tribunal
91—Amendment
of section 183—Review of decisions by South Australian Civil and
Administrative Tribunal
(1) Section 183(1)—delete "appeal to the District Court against" and
substitute:
apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of
(2) Section 183(2)—delete subsection (2) and substitute:
(2) An application for review must be made within 28 days after the
making of the decision the subject of the review.
(3) Section 183(3) and (4)—delete subsections (3) and (4) and
substitute:
(3) 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 persons who have
expertise that would be of value to the Tribunal in relation to proceedings
before the Tribunal on a review under this section.
(4) In any proceedings on a review under this section, the Tribunal may,
if the President so determines, sit with 1 or more assessors from a
panel.
(1) A right of appeal under section 183 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 panel established under section 183 of the principal
Act 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—
principal Act means the
Gene
Technology 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 13—Amendment
of Hairdressers
Act 1988
93—Amendment
of section 4—Interpretation
Section 4—after the definition of the repealed Act
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
94—Amendment
of section 4B—Right of review
(1) Section 4B(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) An applicant for a determination may apply to the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of a determination of the Commissioner refusing the application
under section 4A.
(2) Subject to subsection (4), an application for review must be made
within 1 month of the making of the determination by the Commissioner.
(2) Section 4B(4)—delete "instituting an appeal" and
substitute:
making an application for review
(1) A right of appeal under section 4B 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
Hairdressers
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 14—Amendment
of Health and Community Services Complaints
Act 2004
96—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of State Ombudsman
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
97—Amendment
of section 56—Right of review
(1) Section 56(1)—delete "appeal to the Administrative and
Disciplinary Division of the District Court (the Court) against"
and substitute:
apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of
(2) Section 56(2)—delete "appeal" and substitute:
application for review
(3) Section 56(3)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(4) Section 56(3)—delete "an appeal" and substitute:
a review
98—Amendment
of section 56E—Review
(1) Section 56E(1)—delete "appeal the decision to make the order or
publish the statement to the Administrative and Disciplinary Division of the
District Court (the Court)" and substitute:
apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the decision to make the order or publish the
statement
(2) Section 56E(2)—delete "appeal under this section must be
commenced" and substitute:
application for review under this section must be made
(3) Section 56E(2)—delete "Court" and substitute:
Tribunal
(4) Section 56E(3)—delete subsection (3) and substitute:
(3) On a review under this section, the Tribunal may confirm, vary or
revoke an order or publication the subject of the review.
(1) A right of appeal under section 56 or 56E 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
Health
and Community Services Complaints Act 2004
;
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 15—Amendment
of Health Care
Act 2008
100—Amendment
of section 3—Interpretation
Section 3—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
;
101—Amendment
of section 58—Licence to provide non-emergency ambulance
services
Section 58(17)—delete "appeal against the decision to the
Administrative and Disciplinary Division of the District Court" and
substitute:
apply to the Tribunal for review of the decision under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
102—Amendment
of section 87—Review of decision or order of Minister
(1) Section 87(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) A decision or
order of the Minister under this Part is reviewable by the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) An application for review of a decision or order of the Minister under
this Part must be made within 1 month of the making of the decision or
order, but the Tribunal may, if it is satisfied that it is just and reasonable
in the circumstances to do so, extend that period (whether or not it has already
expired).
(2) Section 87(3)—delete subsection (3)
(3) Section 87(5)—delete "appellant" wherever occurring and
substitute in each case:
applicant
(4) Section 87(5)—delete "instituting the appeal" and
substitute:
making the application for review
(5) Section 87(6) and (7)—delete subsections (6) and (7)
103—Amendment
of section 89I—Review of decision or order of
Minister
(1) Section 89I(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) A decision or
order of the Minister under this Part is reviewable by the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) An application for review of a decision or order of the Minister under
this Part must be made within 1 month of the making of the decision or
order, but the Tribunal may, if it is satisfied that it is just and reasonable
in the circumstances to do so, extend that period (whether or not it has already
expired).
(2) Section 89I(3)—delete subsection (3)
(3) Section 89I(5)—delete "appellant" wherever occurring and
substitute in each case:
applicant
(4) Section 89I(5)—delete "instituting the appeal" and
substitute:
making the application for review
(5) Section 89I(6) and (7)—delete subsections (6) and (7)
(1) A right of appeal under section 58, 87 or 89I 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 or District Court.
(2) Nothing in this section affects any proceedings before the Supreme
Court or District Court commenced before the relevant day.
(3) In this section—
principal Act means the
Health
Care Act 2008
;
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 Health Practitioner Regulation National Law
(South Australia) Act 2010
105—Amendment
of section 3—Definitions
(1) Section 3(1), definition of District Court—delete
the definition
(2) Section 3(1), definition of Tribunal—delete "South
Australian Health Practitioners Tribunal constituted under this Act" and
substitute:
South Australian Civil and Administrative Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
106—Amendment
of section 6—Responsible tribunal for
Health Practitioner Regulation National
Law
Section 6—delete "South Australian Health Practitioners Tribunal" and
substitute:
South Australian Civil and Administrative Tribunal
107—Substitution
of section 6A
Section 6A—delete section 6A and substitute:
6A—Review of appellable decisions by
Tribunal
(1) A person who is
the subject of an appellable decision under section 199 of the Health
Practitioner Regulation National Law (South Australia) may appeal against
that decision by applying to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the appellable decision.
(2) For the
purposes of section 199 of the Health Practitioner Regulation National Law
(South Australia), an application under
subsection (1)
must be made within 28 days after—
(a) the person making the application was given notice of the appellable
decision; or
(b) the person making the application was given reasons for the appellable
decision,
whichever is the later.
(3) The Tribunal may, in its discretion, extend the time fixed under
subsection (2)
for making an application under
subsection (1)
, even if the time for making the application has ended.
6B—No internal review by
Tribunal
(1) A decision of the Tribunal under section 196 or 197 of the Health
Practitioner Regulation National Law (South Australia) may not be the
subject of an application for an internal review under section 70 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) Section 71(2), (2a) and (3a) of the
South
Australian Civil and Administrative Tribunal Act 2013
do not apply in relation to an appeal against a decision of the Tribunal
under section 196 or 197 of the Health Practitioner Regulation National Law
(South Australia).
Part 3—delete the Part and substitute:
Part 3—Tribunal proceedings and
powers
8—Interpretation
In this Part—
relevant authority means—
(a) a member of the Tribunal; or
(b) the Registrar of the Tribunal; or
(c) any other officer authorised under section 40(5)(c) of the
South
Australian Civil and Administrative Tribunal Act 2013
to issue summonses.
9—Participation of assessors on
Tribunal
(1) For the
purposes of section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
, there will be—
(a) a panel of
assessors consisting of persons from the health professions under the Health
Practitioner Regulation National Law; and
(b) a panel of
assessors consisting of persons who are not members of the health professions
under the Health Practitioner Regulation National Law and who are
qualified, by reason of their knowledge, expertise and experience, to represent
the interests of a broad range of consumers of health services.
(2) In exercising its powers for the purposes of this Act, the Tribunal
will, if the President of the Tribunal so determines, be constituted by
3 members of whom—
(a) 2 will be selected from the panel of assessors constituted under
subsection (1)(a)
; or
(b) —
(i) 1 will be selected from the panel of assessors constituted under
subsection (1)(a)
; and
(ii) 1 will be selected from the panel of assessors constituted under
subsection (1)(b)
.
(3) In selecting members from the panel constituted under
subsection (1)(a)
, the President must select 1 person who is a member of the same health
profession under the Health Practitioner Regulation National Law as the
person in relation to whom the relevant matter relates.
(4) For the
purposes of proceedings before the Tribunal under this Act, the person presiding
over the proceedings may, sitting alone—
(a) deal with—
(i) preliminary, interlocutory or procedural matters; or
(ii) questions of costs; or
(iii) questions of law; or
(b) enter consent orders; or
(c) perform any other function or exercise any other power of a prescribed
kind,
and may, for that purpose or as a consequence, while sitting alone, make
any determination or order (including a final order) that the member considers
appropriate.
10—Interim power to suspend or impose
conditions
(1) The Tribunal
may, in connection with proceedings before the Tribunal under this Act, if of
the opinion that it is desirable to do so in the public interest, and in
accordance with any process or procedure determined by the
Tribunal—
(a) suspend the registration of the person the subject of the proceedings;
or
(b) impose conditions on the person's registration restricting the
person's right to provide health services,
pending hearing and determination of the proceedings.
(2) A suspension or
condition imposed under
subsection (1)
—
(a) will have effect for a period, not exceeding 30 days, determined
by the Tribunal; and
(b) may be extended
from time to time for a further period or periods, not exceeding 30 days,
determined by the Tribunal.
(3) In addition, if a National Board, or a panel of a National Board, has
exercised its power to suspend the registration of the person the subject of the
proceedings or imposed conditions on the person's registration, the Tribunal may
revoke or vary the suspension or conditions so imposed.
(4) Without limiting any other provision or any other law, the person the
subject of the proceedings and the relevant National Board are entitled to
appear and make submissions at any proceedings under
subsection (1)
or
(2)(b)
.
11—Tribunal proceedings
(1) Without limiting any other provision or any other Act or law, the
Tribunal may adopt procedures under which a member of the Tribunal participates
in the proceedings of the Tribunal by means of an audio visual link or an audio
link.
(2) In the course of any proceedings, the Tribunal may—
(a) receive in evidence a transcript of evidence taken in proceedings
before a court, tribunal or other body constituted under the law of South
Australia or of any other State or a Territory of Australia, of the Commonwealth
or of another country, and draw any conclusions of fact from the evidence that
it considers proper; and
(b) adopt, as in its discretion it considers proper, any findings,
decision, judgment, or reasons for judgment, of any such court, tribunal or body
that may be relevant to the proceedings.
12—Failure to comply with a
summons
(1) In connection
with the issuing of a summons under section 40 of the
South
Australian Civil and Administrative Tribunal Act 2013
, if a person summoned by the Tribunal for the purposes of proceedings
under this Act—
(a) fails to produce evidentiary material as required by the summons;
or
(b) fails to appear before the Tribunal as required by the summons;
or
(c) having appeared, refuses to be sworn or to affirm, or to answer a
relevant question when required to do so by the Tribunal,
a certificate of the failure or refusal, signed by the relevant authority,
may be filed in the Supreme Court.
(2) If a
certificate has been filed under
subsection (1)
, a party or, in the case of a summons issued by the Tribunal on its own
initiative, the Registrar of the Tribunal, may apply to the Supreme Court for an
order directing the person summoned by the Tribunal—
(a) to produce the evidentiary material; or
(b) to appear, or be sworn or affirm, or answer questions, before the
Tribunal,
(as the case may require) and on that application the Court may make such
orders as it thinks fit (including orders for costs).
(3) The Supreme Court may require that notice be given of an application
under
subsection (2)
to the person against whom the order is sought or any other person (but an
order may be made, if the Court thinks fit, although no notice has been given of
the application).
13—Request to submit to medical examination at
request of another party
(1) A party whose medical condition is in issue in proceedings before the
Tribunal must, at the request of another party to the proceedings, submit to a
medical examination, at the cost of the party making the request, by a medical
expert nominated by that party.
(2) If a party has been requested to submit to a medical examination after
the proceedings have been referred to the substantive hearing, the party is not
required to comply with the request unless the Tribunal authorises the
request.
(3) A party who requests another to submit to a medical examination must,
at the request of that other party, pay to the other party a reasonable sum to
cover the cost of travelling expenses and loss of earnings from attendance at
the medical examination.
(4) A medical practitioner who carries out a medical examination at the
request of a party must prepare a written report setting out the results of the
examination.
(5) A party who requests another party to submit to a medical examination
under this section must give the other parties to the action a copy of the
report obtained on the examination.
(6) If the party undergoing the examination does not receive a copy of the
medical expert's report for the examination within 14 calendar days after the
date of the examination, that party may ask the medical practitioner for a copy
of the report.
14—Non-compliance with request to submit to medical
examination
(1) If a party fails to
comply with a request to submit to a medical examination under
section 13
, the party that requested the examination may make an application to the
Tribunal seeking an order—
(a) confirming that the relevant party's medical condition is in issue in
the proceedings; and
(b) that the party
whose medical condition is in issue must submit to a medical
examination.
(2) If the Tribunal
makes an order under
subsection (1)(b)
that a party must submit to a medical examination and the party does not
comply with the order, a certificate of the non-compliance, signed by the
relevant authority, may be filed in the Supreme Court.
(3) If a
certificate has been filed under
subsection (2)
, a party may apply to the Supreme Court for an order directing the other
party to comply with the Tribunal's order that the party must submit to a
medical examination and on that application the Court may stay the proceedings
before the Tribunal until the relevant party complies with the
requirement.
15—Fine recovery
A fine payable to a National Board under Part 8 Division 12 of the
Health Practitioner Regulation National Law (South Australia) may be
recovered as a debt due to that National Board.
109—Amendment
of section 47—Notices
Section 47(2)(e)—delete "appeal to the District Court against" and
substitute:
seek a review by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
of the decision to issue
110—Substitution
of section 48
Section 48—delete the section and substitute:
48—Reviewable decisions
(1) The following are reviewable decisions for the purposes
of this Division:
(a) a refusal by the Authority to register, or renew the registration of,
premises as a pharmacy or pharmacy depot under this Division;
(b) a decision by an authorised officer to issue a notice under section
47;
(c) a decision by the Authority to suspend or cancel the registration of
premises as a pharmacy or pharmacy depot under this Division.
(2) A person may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of a reviewable decision.
(3) An application for review must be made to the Tribunal within
28 days after the making of the relevant decision (or such longer period as
the Tribunal may allow).
111—Substitution
of sections 62 and 63
Sections 62 and 63—delete sections 62 and 63 and
substitute:
62—Review by Tribunal
(1) A right of
review lies from a decision of the Authority in proceedings under this Division
to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) An application for review under
subsection (1)
of a decision—
(a) may be made by the complainant or the respondent in the proceedings in
which the decision was made; and
(b) must be instituted within 1 month of the date of the decision (or such
longer period as the Tribunal may allow).
63—Operation of order may be
suspended
(1) If an order has
been made by the Authority, and the Authority or the Tribunal is satisfied that
an application for review of the decision has been made, or is intended, the
Authority or the Tribunal (as the case requires) may suspend the operation of
the order until the determination of the review.
(2) If the Authority has suspended the operation of an order under
subsection (1)
, the Authority may terminate the suspension, and if the Tribunal has done
so, the Tribunal may terminate the suspension.
63A—Variation or revocation of conditions imposed
by Tribunal
(1) Subject to
subsection (2)
, if the Tribunal imposed a condition on a practitioner's registration
under the Health Practitioner Regulation National Law (South Australia),
the Tribunal may, on application by a party to those proceedings, vary or revoke
the condition.
(2) An application
by a party under
subsection (1)
may not be made—
(a) within 1 month of the imposition of the condition; or
(b) within 12 months of a previous application under
subsection (1)
by the party to vary or revoke a condition,
unless leave is granted by the Tribunal.
(2) A National Board, a panel or the Minister are entitled to appear and
be heard on an application under this section.
(1) A right of
appeal to the District Court under 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
subsection (1)
affects any proceedings before the District Court commenced before the
relevant day.
(3) A right of appeal to the South Australian Health Practitioners
Tribunal under section 199 of the Health Practitioner Regulation
National Law (South Australia) 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 South Australian Health Practitioners
Tribunal.
(4) Any proceedings before the South Australian Health Practitioners
Tribunal 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 that Tribunal.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the South Australian Health Practitioners Tribunal, and draw any conclusions of
fact from that evidence that appear proper; and
(b) adopt any findings or determinations of the South Australian Health
Practitioners Tribunal that may be relevant to proceedings before the Tribunal;
and
(c) adopt or make any decision (including a decision in the nature of a
determination), direction or order in relation to proceedings before the South
Australian Health Practitioners Tribunal before the relevant day (including so
as to make a decision or determination, or a 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.
(6) The South
Australian Health Practitioners Tribunal is dissolved by force of this
subsection.
(7) Subject to
subsection (8)
, a member of the South Australian Health Practitioners Tribunal holding
office when
subsection (6)
comes into operation will cease to hold office at that time 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 (but any
such termination will not affect any right of action that a person may have
against a Minister or the State on account of that termination).
(8) A person who,
immediately before the relevant day, held an appointment under section 10 of the
principal Act (as in force immediately before the relevant day) will be taken to
have been appointed as an assessor under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
and will hold office as an assessor for the remainder of the term
specified in the panel member's instrument of appointment under section
10.
(9) In this section—
principal Act means the
Health
Practitioner Regulation National Law (South Australia)
Act 2010
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
Part 17—Amendment
of Mines and Works Inspection
Act 1920
113—Amendment
of section 10—Powers of inspector on inspection
Section 10(3a)—delete "appealable under section 10A" and
substitute:
reviewable under section 11
114—Amendment
of section 11—Reviews—amenity issues
Section 11—after subsection (4) insert:
(5) In this section—
Tribunal means the means the South Australian Civil and
Administrative Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 18—Amendment
of Motor Vehicle Accidents (Lifetime Support
Scheme) Act 2013
115—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of District Court—delete
the definition
(2) Section 3(1)—after the definition of treatment, care and
support needs assessment insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under
South
Australian Civil and Administrative Tribunal Act 2013
.
116—Substitution
of section 35
Section 35—delete the section and substitute:
35—Review by Tribunal
(1) A party to a dispute to which a determination of a review officer
under this Division relates may apply to the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the determination of the review officer.
(2) An application for review must be made within 28 days of the date
of the determination of the review officer.
117—Substitution
of section 37
Section 37—delete the section and substitute:
37—Review by Tribunal
(1) Subject to
subsection (2)
, a person may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of a determination of an expert review panel under this
Division that a person is ineligible or otherwise does not qualify to
participate in the Scheme.
(2) An application
for review by the Tribunal may only be made by or on behalf of the person to
whom the determination relates.
(3) An application for review must be made within 28 days of the date
of the determination of the expert review panel.
118—Amendment
of Schedule 1—Expert review panels
(1) Schedule 1, clause 6(7)(a)—after "court" insert:
or the Tribunal
(2) Schedule 1, clause 7—after "court" insert:
or the Tribunal
(1) A right of appeal to the Administrative and Disciplinary Division of
the District Court under sections 35 and 37 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
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(3) In this section—
principal Act means the
Motor
Vehicle Accidents (Lifetime Support Scheme) Act 2013
;
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 Motor Vehicles
Act 1959
120—Amendment
of section 5—Interpretation
(1) Section 5(1), definition of District Court—delete
the definition
(2) Section 5(1)—after the definition of trailer
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
121—Amendment
of section 98PC—Cause for disciplinary action
Section 98PC(1)(f)—delete "District Court" and substitute:
Tribunal
122—Amendment
of section 98PD—Complaints
Section 98PD—delete "District Court" and substitute:
Tribunal
123—Substitution
of sections 98PE and 98PF
Sections 98PE and 98PF—delete the sections and substitute:
98PE—Hearing by Tribunal
(1) On the lodging of a complaint, the Tribunal may conduct a hearing to
determine whether the matters alleged in the complaint constitute grounds for
disciplinary action under this Part.
(2) Without limiting the usual powers of the Tribunal, the Tribunal may
during the hearing—
(a) allow an adjournment to enable an authorised officer to investigate or
further investigate matters to which the complaint relates; and
(b) allow the modification of the complaint or additional allegations to
be included in the complaint subject to any conditions as to adjournment and
notice to parties and other conditions that the Tribunal may think fit to
impose.
98PF—Appointment, selection etc of
assessors
(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 the motor trade industry; and
(b) persons representative of the Tetrix industry.
(2) In any proceedings under this Part, 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
.
124—Amendment
of section 98PG—Disciplinary action
(1) Section 98PG(1)—delete "District Court" and
substitute:
Tribunal
(2) Section 98PG(2)—delete "District Court" and
substitute:
Tribunal
125—Amendment
of section 98T—Permit contents, conditions and
entitlements
(1) Section 98T(6)—delete and substitute:
(6) A person who is aggrieved by a decision of a council to refuse to make
an arrangement under subsection (3), or to revoke or vary such an arrangement,
may seek a review of the decision by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) Section 98T—after subsection (6) insert:
(7) An application for review must be made to the Tribunal within
28 days of the making of the decision.
(8) If the reasons of the council are not given in writing at the time of
making the decision that is to be the subject of a review and the person seeking
the review, within 1 month of the making of the decision, requires the
council'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.
126—Substitution
of section 98ZA
Section 98ZA—delete the section and substitute:
98ZA—Review by Tribunal
(1) A person who is dissatisfied with a decision as confirmed, varied or
substituted by the Registrar on a review under section 98Z may seek a review of
the decision by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) An application for review must be made to the Tribunal within
28 days of the making of the decision.
(3) If the reasons of the Registrar are not given in writing at the time
of making the decision that is to be the subject of a review and the person
seeking the review, within 1 month of the making of the decision, requires
the Registrar'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.
Schedule 5—delete the Schedule
(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 98PD 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 3C 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) Nothing in this Part affects any review before the Minister under
section 98T of the principal Act, as in force immediately before the relevant
day, that was commenced but not determined before the relevant day, and a right
of review by the Tribunal under section 98T of the principal Act, as in force
after the relevant day, will apply to and in respect of a decision of the
Minister on that review (and a reference to a decision of the Minister in
section 98T as in force after the relevant day will be taken to be a reference
to the decision of the Tribunal on that review).
(6) A member of a panel of persons who may sit as assessors established
under 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.
(7) In this section—
principal Act means the
Motor
Vehicles Act 1959
;
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 Pastoral Land Management and Conservation
Act 1989
129—Amendment
of section 50—Jurisdiction of Tribunal
Section 50(3)—delete ", in the opinion of the Governor,"
Part 21—Amendment
of Plumbers, Gas Fitters and Electricians
Act 1995
130—Amendment
of section 3—Interpretation
(1) Section 3, definition of Court—delete the
definition
(2) Section 3—after the definition of stormwater drain
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
131—Amendment
of section 10—Reviews
(1) Section 10(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) An applicant for a licence may apply to the Tribunal under section 34
of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of a decision of the Commissioner refusing the
application.
(2) Subject to subsection (4), an application for review must be made
within 1 month of the making of the Commissioner's decision.
(2) Section 10(4)—delete "instituting an appeal" and
substitute:
making an application for review
132—Amendment
of section 17—Reviews
(1) Section 17(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) An applicant for registration may apply to the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of a decision of the Commissioner refusing the
application.
(2) Subject to subsection (4), an application for review must be made
within 1 month of the making of the Commissioner's decision.
(2) Section 17(4)—delete "instituting an appeal" and
substitute:
making an application for review
133—Amendment
of section 18A—Commissioner may suspend or impose conditions on licence or
registration in urgent circumstances
(1) Section 18A(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) A person whose licence or registration is suspended or made subject to
conditions under this section may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the decision of the Commissioner to suspend the licence or
registration or to impose the conditions.
(5) Subject to subsection (7), an application for review must be made
within 1 month of the making of the relevant decision of the
Commissioner.
(2) Section 18A(6)—delete "appellant" and substitute:
person whose licence or registration has been suspended or made subject to
conditions
(3) Section 18A(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 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.
134—Amendment
of section 18B—Commissioner may cancel, suspend or impose conditions on
licence or registration
(1) Section 18B(3) and (4)—delete subsections (3) and (4) and
substitute:
(3) A person whose licence or registration is cancelled, suspended or made
subject to conditions under this section may apply to the Tribunal under section
34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the decision of the Commissioner to cancel or suspend the
licence or registration or to impose the conditions.
(4) Subject to subsection (6), an application for review must be made
within 1 month of the making of the relevant decision of the
Commissioner.
(2) Section 18B(5)—delete "appellant" and substitute:
person whose licence or registration has been cancelled or suspended or
made subject to conditions
(3) Section 18B(6) and (7)—delete subsections (6) and (7) and
substitute:
(6) 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.
135—Amendment
of section 21—Complaints
Section 21—delete "Court" and substitute:
Tribunal
136—Amendment
of section 22—Hearing by Tribunal
Section 22—delete "Court" wherever occurring and substitute in each
case:
Tribunal
137—Substitution
of section 23
Section 23—delete section 23 and substitute:
23—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 persons involved in work regulated under this Act;
and
(b) persons
representative of members of the public who deal with persons involved in work
regulated under this Act,
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 will, 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
.
138—Amendment
of section 24—Disciplinary action
Section 24—delete "Court" wherever occurring and substitute in each
case:
Tribunal
139—Amendment
of section 25—Contravention of orders
Section 25—delete "Court" and substitute:
Tribunal
140—Amendment
of section 31—Commissioner and proceedings before
Tribunal
(1) Section 31(1)—delete "Court" and substitute:
Tribunal
(2) Section 31—after subsection (2) insert:
(3) Subsection (1) applies in addition to section 53 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
Schedule 1—delete the Schedule
(1) A right of appeal to the Administrative and Disciplinary Division of
the District Court under section 10, 17, 18A or 18B 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) A right to lodge a complaint under Part 4 of the principal Act with
respect to a matter in existence before the relevant day, with the effect that
the relevant proceedings would have been commenced before the Administrative and
Disciplinary Division of the District Court, 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 District Court.
(3) A decision or order of the Administrative and Disciplinary Division of
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 force immediately before the
relevant day) will cease 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
Plumbers,
Gas Fitters and Electricians Act 1995
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
Part 22—Amendment
of Research Involving Human Embryos
Act 2003
143—Amendment
of section 3—Interpretation
Section 3(1), definition of District Court—delete the
definition
144—Amendment
of section 21—Interpretation
Section 21—after the definition of reviewable decision
insert:
SACAT means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
145—Amendment
of section 22—Review of decisions
(1) Section 22(1)(b)—delete "appeal to the District Court against"
and substitute:
apply to SACAT under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for the review of
(2) Section 22(4)—delete subsection (4) and substitute:
(4) For the purposes of subsection (1)(b), an application for review of a
reviewable decision must be made within 28 days after the making of the
decision.
(3) Section 22(5)—delete subsection (5) and substitute:
(5) For the purposes of section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
, there may be a panel of assessors consisting of persons who have
expertise that would be of value to SACAT in relation to proceedings before
SACAT on a review under this section.
(5a) In any proceedings on a review under this section, SACAT may, if the
President so determines, sit with 1 or more assessors from the panel.
(1) A right of appeal under section 22(1)(b) 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 SACAT 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
Research
Involving Human Embryos Act 2003
;
relevant day means the day on which this Part comes into
operation;
SACAT means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 23—Amendment
of Residential Parks
Act 2007
Section 121—delete the section
Part 24—Amendment
of Retirement Villages
Act 2016
148—Amendment
of Schedule 1—Proceedings before the Tribunal
Schedule 1, clause 2—delete clause 2
Part 25—Amendment
of Second-hand Vehicle Dealers
Act 1995
149—Amendment
of section 3—Interpretation
(1) Section 3, definition of District 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
;
150—Amendment
of section 10—Reviews
(1) Section 10(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) An applicant for a licence may apply to the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of a decision of the Commissioner refusing the
application.
(2) Subject to subsection (4), an application for review must be made
within 1 month of the making of the Commissioner's decision.
(2) Section 10(4)—delete "instituting an appeal" and
substitute:
making an application for review
151—Amendment
of section 14A—Commissioner may suspend or impose conditions on licence in
urgent circumstances
(1) Section 14A(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) A person whose licence has been suspended or made subject to
conditions under this section may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the decision of the Commissioner to suspend the licence or
to impose the conditions.
(5) Subject to subsection (7), an application for review must be made
within 1 month of the making of the Commissioner's decision.
(2) Section 14A(6)—delete "appellant" and substitute:
person whose licence has been suspended or made subject to
conditions
(3) Section 14A(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 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.
152—Amendment
of section 14B—Commissioner may cancel, suspend or impose conditions on
licence
(1) Section 14B(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) A person whose licence is cancelled, suspended or made subject to
conditions under this section may apply to the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the decision of the Commissioner to cancel or suspend the
licence or to impose the conditions.
(5) Subject to subsection (7), an application for review must be made
within 1 month of the making of the relevant decision of the
Commissioner.
(2) Section 14B(6)—delete "appellant" and substitute:
person whose licence has been cancelled or suspended or made subject to
conditions
(3) Section 14B(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 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.
153—Amendment
of section 28—Complaints
Section 28—delete "District Court" and substitute:
Tribunal
154—Amendment
of section 29—Hearing by Tribunal
(1) Section 29(1)—delete "District Court" and substitute:
Tribunal
(2) Section 29(2)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
155—Substitution
of section 30
Section 30—delete section 30 and substitute:
30—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 dealers; and
(b) persons
representative of members of the public who deal with dealers,
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 will, 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
.
156—Amendment
of section 31—Disciplinary action
(1) Section 31(1)—delete "District Court" and substitute:
Tribunal
(2) Section 31(2)—delete "Court" and substitute:
Tribunal
157—Amendment
of section 32—Contravention of orders
(1) Section 32(1)—delete "District Court" and substitute:
Tribunal
(2) Section 32(2)—delete "District Court" and substitute:
Tribunal
158—Amendment
of section 40—Commissioner and proceedings before
Tribunal
(1) Section 40(1)—delete "District Court" and substitute:
Tribunal
(2) Section 40—after subsection (2)—insert:
(3) Subsection (1) applies in addition to section 53 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
Schedule 2—delete the Schedule
(1) A right of appeal to the Administrative and Disciplinary Division of
the District Court under sections 10, 14A and 14B 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) A right to lodge a complaint under Part 5 of the principal Act with
respect to a matter in existence before the relevant day, with the effect that
the relevant proceedings would have been commenced before the Administrative and
Disciplinary Division of the District Court, 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 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 (including a decision or order of the Commercial Tribunal that
has effect as if it were an order of the District Court by virtue of the
operation of Schedule 4 clause 5 of the principal Act) 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 2 of the principal Act (as in force immediately before the
relevant day) will cease 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
Second-hand
Vehicle Dealers Act 1995
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
Part 26—Amendment
of South Australian Civil and Administrative
Tribunal Act 2013
161—Amendment
of section 22—Assessors
(1) Section 22(2)—delete "Governor on the recommendation of the
Minister" and substitute:
Minister on the recommendation of the President of the Tribunal
(2) Section 22(3)—delete "An assessor must be a person who, in the
opinion of the Minister," and substitute:
Before appointing a person as an assessor under this section, the Minister
must be satisfied that the person
(3) Section 22(4)—delete subsection (4)
(4) Section 22(9)—delete "Governor may, on the recommendation of the
Minister" and substitute:
Minister may, on the recommendation of the President of the
Tribunal
(5) Section 22(11)—delete subsection (11)
(6) Section 22(12)—delete "Governor" and substitute:
Minister
162—Amendment
of section 40—Power to require person to give evidence or to produce
evidentiary material
(1) Section 40(3)(a)—after "produced before it" insert:
(whether in response to a summons or otherwise)
(2) Section 40(3)(b)—after "a person" insert:
called to give evidence (whether in response to a summons or
otherwise)
(3) Section 40(3)(c)—after "any person" first occurring
insert:
called to give evidence (whether in response to a summons or
otherwise)
(4) Section 40(4)—delete "is called to give evidence or to produce
evidentiary material before the Tribunal and"
(5) Section 40(4)(f)—delete paragraph (f)
163—Amendment
of section 90—Accessibility of evidence
(1) Section 90(1)(c)—delete "material admitted into evidence" and
substitute:
or other material produced or provided to the Tribunal
(2) Section 90(2)(a)—delete paragraph (a) and substitute:
(a) material that was produced or provided to the Tribunal in a hearing
(or part of a hearing) held in private;
(3) Section 90(2)(c)—delete paragraph (c)
164—Amendment
of section 93A—Disrupting proceedings of Tribunal
Section 93A(1)—delete subsection (1) and substitute:
(1) A person who—
(a) wilfully interrupts any proceedings of the Tribunal; or
(b) uses offensive language or behaves in a disorderly or offensive
manner, towards the Tribunal, members of the Tribunal or officers of the
Tribunal, or at a place where proceedings of the Tribunal are being
conducted,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
Part 27—Amendment
of South Australian Public Health
Act 2011
165—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of State Co-ordinator
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
166—Amendment
of section 76—Review by Tribunal
(1) Section 76(1)—delete "District Court" and substitute:
Tribunal
(2) Section 76(3)—delete "District Court" wherever occurring and
substitute in each case:
Tribunal
(3) Section 76(4)—delete subsection (4)
(4) Section 76(5)—delete "District Court" and substitute:
Tribunal
(5) Section 76(6)—delete subsection (6)
167—Amendment
of section 92—Notices
(1) Section 92(5)(g)—delete "or institute an appeal against the
notice"
(2) Section 92(7)—delete "appeal to the District Court against the
order" and substitute:
apply to the Tribunal for a review of the order
168—Amendment
of section 95—Reviews—notices relating to general
duty
Section 95(15)(b)(i)—delete "District Court" and
substitute:
Tribunal
169—Amendment
of section 96—Review by Tribunal
(1) Section 96(1)—delete "appeal to the District Court" and
substitute:
apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review
(2) Section 96(1)—delete "against" wherever occurring and substitute
in each case:
of
(3) Section 96(1)(b)—delete "this Division" and
substitute:
section 95
(4) Section 96(2)—delete "institute an appeal under this section
without the need to have already applied for a review of the notice under this
Division" and substitute:
apply to the Tribunal for a review under this section without the need to
have already applied to the Review Panel for review of the notice under
section 95
(5) Section 96(3)—delete subsection (3) and substitute:
(3) A council may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the outcome of review proceedings by the Review Panel
under section 95.
(6) Section 96(4)—delete "appeal must be instituted" and
substitute:
application for review must be made
(7) Section 96(4)—delete "an appeal" wherever occurring and
substitute in each case:
a review
(8) Section 96(4)(b)—after "the review proceedings"
insert:
under section 95
170—Amendment
of section 108—Evidentiary provision
(1) Section 108(1)—after "court" first occurring insert:
, Review Panel or Tribunal
(2) Section 108(1)—after "court" second occurring insert:
, Review Panel or Tribunal (as the case requires)
(1) A right of review under section 76 or 96 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
South
Australian Public Health Act 2011
;
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 28—Amendment
of State Lotteries
Act 1966
172—Amendment
of section 4—Constitution of Commission
Section 4(4)—after "courts" insert:
, tribunals
173—Substitution
of section 18AA
Section 18AA—delete the section and substitute:
18AA—Reviews
(1) A participant in a lottery who is dissatisfied with a decision of the
Commission that a ticket in the lottery held by the participant is not a winning
ticket may seek a review of the decision by the Tribunal under section 34
of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) An application for review under this section may be made to the
Tribunal within 1 month of—
(a) the date on which the Commission's decision is made; or
(b) if the Commission's decision is published—the date of
publication.
(3) In this section—
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
(1) A right to appeal to the Administrative and Disciplinary Division of
the District Court under section 18AA 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
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
State
Lotteries Act 1966
;
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 29—Amendment
of Tattooing Industry Control
Act 2015
175—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of tattoo
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
176—Amendment
of section 5—Criminal intelligence
(1) Section 5(1)—after "court" insert:
, the Tribunal
(2) Section 5(3)—after "court" insert:
or tribunal
177—Amendment
of section 8—Commissioner for Consumer Affairs may disqualify person from
providing tattooing services
Section 8(5)(b)—delete "appeal against" and substitute:
seek a review of
178—Amendment
of section 12—Authorised officers may direct persons
Section 12(2)(g)—delete "appeal against" and substitute:
seek a review of
179—Substitution
of heading to Part 5
Heading to Part 5—delete the heading and substitute:
Part 5—Review
180—Amendment
of section 17—Review
(1) Section 17(1) and (2)—delete subsections (1) and (2)
substitute:
(1) A person who is dissatisfied with a decision of the Commissioner for
Consumer Affairs, or a direction of an authorised officer under section 12, may
apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the decision or direction.
(2) Subject to subsection (3)(b), an application for review must be made
within 28 days of the making of the relevant decision or direction.
(2) Section 17(3)—delete subsection (3) and substitute:
(3) Subject to section 5—
(a) the Commissioner for Consumer Affairs or authorised officer (as the
case requires) must, if so required by the person seeking review under
subsection (1), state in writing the reasons for the decision or direction in
relation to which the review is sought; and
(b) if the reasons of the Commissioner for Consumer Affairs or authorised
officer are not given in writing at the time of the decision or direction (as
the case requires) and the person (within 1 month of the decision or the
direction) requires the Commissioner or authorised officer 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.
(1) A right of appeal under section 17 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
Tattooing
Industry Control Act 2015
;
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 30—Amendment
of Training and Skills Development
Act 2008
182—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of District Court—delete
the definition
(2) Section 4(1)—after the definition of training
package insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
183—Substitution
of heading to Part 3 Division 5
Heading to Part 3 Division 5—delete the heading to Division 5 and
substitute:
Division 5—Review by Tribunal
184—Amendment
of section 42—Review by Tribunal
(1) Section 42(1)—delete "appeal to the District Court may be made
against" and substitute:
application may be made to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of
(2) Section 42(2)—delete "appeal must be instituted" and
substitute:
application for review must be made
(3) Section 42(2)—delete "appealed against" and
substitute:
the subject of the review application
(4) Section 42(4)—delete "instituting an appeal" and
substitute:
making an application for review
185—Amendment
of section 61—Review by Tribunal
(1) Section 61(1)—delete "appeal to the District Court may be made
against" and substitute:
application may be made to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of
(2) Section 61(2)—delete "appeal must be instituted" and
substitute:
application for review must be made
(3) Section 61(2)—delete "appealed against" and
substitute:
the subject of the review application
(4) Section 61(4)—delete "instituting an appeal" and
substitute:
making an application for review
(1) A right of appeal under section 42 or 61 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
Training
and Skills Development Act 2008
;
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 31—Amendment
of Veterinary Practice
Act 2003
187—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of District Court—delete
the definition
(2) Section 3(1)—after the definition of specialty
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
188—Amendment
of section 7—Terms and conditions of membership
Section 7(4)—after "Part 5" insert:
Division 3
189—Amendment
of section 16—Delegations
Section 16(1)(b)—delete paragraph (b) and substitute:
(b) the power of the Board to hear and determine proceedings regarding
medical fitness under Part 5 Division 3.
190—Amendment
of section 17—Procedures
(1) Section 17(3)—delete "under Part 5" and substitute:
regarding medical fitness under Part 5 Division 3
(2) Section 17(5)—delete "under Part 5" and substitute:
regarding medical fitness under Part 5 Division 3
(3) Section 17(8)—delete "under Part 5" and substitute:
regarding medical fitness under Part 5 Division 3
(4) Section 17(8)—delete "that Part" and substitute:
that Division
191—Amendment
of section 19—Powers in relation to witnesses etc
Section 19(1)—after "Board" first occurring insert:
regarding medical fitness under Part 5 Division 3
192—Amendment
of section 30—Provisions of general application to
registers
Section 30(5)—after "legal proceedings" insert:
(including proceedings before the Tribunal)
193—Amendment
of section 34—Removal from register or specialty
Section 34(5)—delete "Board" and substitute:
Tribunal
194—Amendment
of section 35—Reinstatement on register or in
specialty
Section 35(1)(d)—delete "Board" and substitute:
Tribunal
195—Amendment
of section 38—Contravention of conditions of
registration
Section 38—after "imposed" insert:
by the Board
196—Amendment
of section 62—Hearing by Tribunal as to matters constituting grounds for
disciplinary action
(1) Section 62(1)—delete "the Board (in a manner and form approved
by the Board)" and substitute:
the Tribunal
(2) Section 62(2) and (3)—delete subsections (2) and (3)
(3) Section 62(4)—delete subsection (4) and substitute:
(4) On the hearing of a complaint, the Tribunal may, if it is satisfied
that there is proper cause for taking disciplinary action against the person to
whom the complaint relates, by order do 1 or more of the following:
(a) reprimand the person;
(b) impose a fine not exceeding $10 000 on the person;
(c) if the person is a veterinary surgeon—impose conditions on the
person's registration under this Act restricting the person's right to provide
veterinary treatment or revoke or vary a waiver or modification that applies in
respect of the person's registration under this Act;
(d) if the person has general registration under this Act but not
specialist registration—
(i) suspend the person's general registration under this Act for a period
not exceeding 1 year;
(ii) cancel the person's general registration under this Act;
(e) if the person has specialist registration under this
Act—
(i) suspend the person's specialist registration or registration in a
particular specialty, or the person's general and specialist registration, under
this Act for a period not exceeding 1 year;
(ii) cancel the person's specialist registration or registration in a
particular specialty, or the person's general and specialist registration, under
this Act;
(f) disqualify the person from general registration, specialist
registration or registration in a particular specialty, or both general and
specialist registration, under this Act;
(g) prohibit the person from carrying on business as a veterinary services
provider;
(h) prohibit the person from occupying a position of authority in a trust
or corporate entity that is a veterinary services provider.
(4) Section 62(5)—delete "Board" and substitute:
Tribunal
(5) Section 62—after subsection (5) insert:
(5a) The Tribunal may,
on application by a party to the proceedings, vary or revoke a condition imposed
by the Tribunal under this section in relation to the person's registration
under this Act.
(5b) An application under
subsection (5a)
may not be made—
(i) within 1 month of the imposition of the condition to which the
application relates by the Tribunal; or
(ii) within 12 months of any previous application under
subsection (5a)
by the party to vary or revoke a condition,
unless leave is granted by the Tribunal.
(5c) The Board and the Minister are entitled to appear and be heard on an
application under
subsection (5a)
.
(5d) A fine imposed by the Tribunal under subsection (4) is payable to the
Board (and is recoverable by the Board as a debt).
(6) Section 62(7) and (8)—delete subsections (7) and (8)
(7) Section 62(10)—after "orders made" insert:
by the Tribunal
(8) Section 62(11)—delete "Board may determine" and
substitute:
Tribunal may order
(9) Section 62(11)—delete "should"
(10) Section 62(12)(a)—delete "Board" and substitute:
Tribunal
(11) Section 62(12)(b)—delete paragraph (b) and
substitute:
(b) if the Tribunal acts under subsection (11), it must immediately notify
the person of the suspension and the reasons for the suspension.
197—Substitution
of section 63
Section 63—delete the section and substitute:
63—Constitution of Tribunal
(1) For the
purposes of section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
, there will be—
(a) a panel of
assessors consisting of veterinary surgeons with experience or knowledge
relating to animals used for primary production or horses; and
(b) a panel of
assessors consisting of veterinary surgeons with experience or knowledge
relating to other animals; and
(c) a panel of
assessors consisting of persons (not being veterinary surgeons) with experience
or knowledge relating to animal health, safety and welfare.
(2) In exercising its powers for the purposes of this Act, the Tribunal
will, subject to
subsection (3)
, and unless the President determines that the Tribunal is to be
constituted by fewer than 3 members, be constituted by 3 members of
whom—
(a) 1 will be selected from the panel of assessors referred to in
subsection (1)(a)
or
(b)
; and
(b) 1 will be selected from the panel of assessors referred to in
subsection (1)(c)
.
(3) The Tribunal
constituted of the presiding member sitting alone may, for the purposes of
proceedings under this Act—
(a) deal with—
(i) preliminary, interlocutory or procedural matters; or
(ii) questions of costs; or
(iii) questions of law; or
(b) enter consent orders; or
(c) perform any other function or exercise any other power of a prescribed
kind,
and may, for that purpose or as a consequence, make any determination or
order (including a final order) that the presiding member considers
appropriate.
(4) In this section—
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013
.
198—Repeal
of Part 5 Division 5
Part 5 Division 5—delete Division 5
199—Substitution
of heading to Part 6
Heading to Part 6—delete the heading and substitute:
Part 6—Reviews
200—Amendment
of section 66—Review by Tribunal
(1) Section 66(1)—delete "An appeal lies to the District Court
against—" and substitute:
A person may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the following decisions or directions of the
Board:
(2) Section 66(1)(c)—delete "under Part 5" and substitute:
regarding medical fitness under Part 5 Division 3
(3) Section 66(1)—delete "; or" wherever occurring and substitute in
each case:
;
(4) Section 66(2)—delete subsection (2)
(5) Section 66(3)—delete subsection (3) and substitute:
(3) Subject to subsection (5), an application for review must be made
within 1 month of the date of the making of the relevant decision or
direction.
(6) Section 66(4)—delete "to appeal" and substitute:
review of
(7) Section 66(5)—delete "instituting an appeal" and
substitute:
making an application for review
201—Amendment
of section 67—Variation or revocation of conditions imposed by
Tribunal
(1) Section 67(1)—delete "District Court" and substitute:
Tribunal
(2) Section 67(1)—delete "the Court" and substitute:
the Tribunal
202—Amendment
of section 76—Evidentiary provision
Section 76(2)—after "legal proceedings" insert:
(including proceedings before the Tribunal)
(1) A right to lay a complaint under section 62 of the principal Act with
respect to a matter in existence before the relevant day, with the effect that
the relevant proceedings would have been commenced before the Board, will be
exercised as if this Part had been in operation before the right arose, so that
the complaint may be laid instead before the Tribunal.
(2) A decision or order of the Board under Part 5 Division 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.
(3) Any proceedings
before the Board under Part 5 Division 4 of the principal Act immediately before
the relevant day that have proceeded to a listing will, unless the President of
the Tribunal and the presiding member of the Board otherwise agree, continue and
be determined by the Board under the principal Act as if it had not been amended
by this Part.
(4) Any decisions or orders arising out of any proceedings before the
Board referred to in
subsection (3)
will take effect as if they were a decision or order of the Tribunal
(including for the purposes of exercising any rights of review or appeal under
the
South
Australian Civil and Administrative Tribunal Act 2013
).
(5) Any proceedings
before the Board under Part 5 Division 4 of the principal Act immediately before
the relevant day that have not proceeded to a listing 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.
(6) The Tribunal may take such steps as the Tribunal thinks fit to promote
or ensure the smoothest possible transition from 1 jurisdiction to another in
connection with the operation of
subsection (5)
.
(7) A right of appeal under section 66 of the principal Act, other than
under section 66(1)(c) in respect of a decision of the Board that relates
to proceedings under Part 5 Division 4, 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.
(8) Nothing in this section affects a right of appeal to the
Administrative and Disciplinary Division of the District Court against a
decision of the Board in proceedings under Part 5 Division 4 made or given
before the relevant day (as the right existed under section 66(1)(c) of the
principal Act before its amendment by this Act).
(9) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(10) For the purposes of this section, proceedings of the Board, in
respect of a matter, have proceeded to a listing if a hearing
(including a directions hearing, interlocutory hearing or other preliminary
hearing) has been held by the Board.
(11) In this section—
Board means the Veterinary Surgeons Board of South Australia
within the meaning of the principal Act;
principal Act means the
Veterinary
Practice Act 2003
;
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
.