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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (SACAT No 2)
Bill 2017
A BILL FOR
An Act to vest jurisdiction in the South Australian Civil and
Administrative Tribunal; to make efficiency measures relating to the
jurisdiction and procedures of the South Australian Civil and Administrative
Tribunal; and for other purposes.
Contents
Part 2—Amendment
of Adoption Act 1988
4Amendment
of section 42—Regulations
Part 3—Amendment
of Advance Care Directives Act 2013
6Amendment
of section 43—Interpretation
7Amendment
of section 51—Orders of Tribunal in relation to substitute
decision-makers
8Amendment of section
54—Tribunal must give notice of proceedings
Part 4—Amendment
of Agricultural and Veterinary Products (Control of Use)
Act 2002
9Amendment
of section 3—Interpretation
10Amendment of section 21—Compensation if
insufficient grounds for order
11Amendment of section 30—Compliance
orders
12Amendment of section
31—Review
13Amendment of section
43—Regulations
Part 5—Amendment of Animal Welfare
Act 1985
15Amendment of section
3—Interpretation
16Substitution of heading to Part 4 Division
3
26Reviews of
decisions of animal ethics committees
18Amendment of section 27—Reviews of
decisions of Minister
Part 6—Amendment of Aquaculture
Act 2001
20Amendment of section
3—Interpretation
Part 7—Amendment of Associations
Incorporation Act 1985
23Amendment of section
3—Interpretation
24Amendment of section
17—Secrecy
25Amendment of section
50—Reviews
Part 8—Amendment of Births, Deaths
and Marriages Registration Act 1996
27Amendment of section
4—Definitions
28Amendment of section 10—Execution of
documents
29Amendment of section 22—Dispute about
child's name
30Amendment of section 25—Application to
register change of child's name
31Amendment of section 27—Registration of
change of name
32Amendment of section 33—Deaths to be
registered under this Act
33Amendment of heading to Part 6 Division
2
34Amendment of section 34—Application to
Tribunal
35Amendment of section 35—Power to direct
registration of death etc
Part 9—Amendment of Conveyancers
Act 1994
38Amendment of section
3—Interpretation
40Amendment of section 9AA—Commissioner
may cancel, suspend or impose conditions on registration
41Amendment of section 16—Withdrawal of
money from trust account
42Amendment of section 21—Term of
appointment of administrator or temporary manager
43Amendment of section 22—Review of
appointment of administrator or temporary manager
44Amendment of section 33—Limitation of
claims
45Amendment of section 37—Review of
Commissioner's determination
46Amendment of section
46—Complaints
47Amendment of section 47—Hearing by
Tribunal
48Participation of
assessors in disciplinary proceedings
49Amendment of section 49—Disciplinary
action
50Amendment of section 50—Contravention of
orders
51Amendment of section 55—Commissioner and
proceedings before Tribunal
Part 10—Amendment of Co-operatives
National Law (South Australia) Act 2013
Part 11—Amendment of Crown Land
Management Act 2009
56Amendment of section
3—Interpretation
57Substitution of heading to Part 5 Division
2
Division 2—Valuation reviews by
Minister
58Insertion of heading to Part 5 Division
2A
Division 2A—Valuation reviews and other
reviews by Tribunal
59Amendment of section 67—Valuation
reviews
60Repeal
of heading to Part 5 Division 3
Part 12—Amendment of Electricity
Act 1996
63Amendment of section
4—Interpretation
64Amendment of section 35A—Price
regulation by Commission
65Amendment of heading to Part 8
67Amendment of section 77—Minister's power
to intervene
Part 13—Amendment of Emergency
Services Funding Act 1998
70Amendment of section
3—Interpretation
71Amendment of section 5A—Application for
aggregation of non contiguous land
72Amendment of section 9—Objection to
attribution of use to land
73Amendment of section 13—Alterations to
assessment book
74Amendment of section 21—Recovery of
levy not affected by objection or review
75Amendment of section 26—Objection to
classification of vehicle
Part 14—Amendment of Environment
Protection Act 1993
77Amendment of section 103V—Accreditation
of site contamination auditors
Part 15—Amendment of Environment
Protection (Sea Dumping) Act 1984
78Amendment of section 16—Suspension and
revocation of permits
27Review of
decision to refuse permit
Part 16—Amendment of Essential
Services Commission Act 2002
81Amendment of section
3—Interpretation
82Amendment of heading to Part 6
83Amendment of section 32—Review by
Tribunal
Part 17—Amendment of Fisheries
Management Act 2007
86Amendment of section
3—Interpretation
87Amendment of section 111—Review of
certain decisions of Minister
88Substitution of heading to Part 9 Division
2
90Amendment of section
124—Confidentiality
Part 18—Amendment of Food
Act 2001
92Amendment of section
4—Definitions
93Amendment of section 35—Review of
order
94Amendment of section 51—Review of
decision to refuse certificate of clearance
95Amendment of section 52—Review of
order
96Amendment of section 65—Review of
decisions relating to approval
97Amendment of section 71—Review of
decisions relating to approval
98Amendment of section 77—Review of
decisions relating to approvals
Part 19—Amendment
of Gas Act 1997
100Amendment of section
4—Interpretation
101Amendment of section 33—Price
regulation by determination of Commission
102Amendment of heading to Part 7
104Amendment of section 73—Minister's
power to intervene
Part 20—Amendment
of Guardianship and Administration Act 1993
107Amendment of section
29—Guardianship orders
109Amendment of section 33—Applications
under this Division
110Amendment of section 37—Applications
under this Division
111Amendment of section
44—Reporting requirements for private administrators
112Amendment of section
64—Reviews and appeals
Part 21—Amendment of Harbors and
Navigation Act 1993
113Amendment of section
4—Interpretation
114Amendment of section 28F—Power to deal
with non-compliance
115Amendment of section 80—Review of
administrative decisions
Part 22—Amendment of Historic
Shipwrecks Act 1981
117Amendment of section
3—Interpretation
Part 23—Amendment of Housing
Improvement Act 2016
Part 24—Amendment of Land
Acquisition Act 1969
121Substitution of
section 12A
Part 25—Amendment of Land Agents
Act 1994
123Amendment of section
3—Interpretation
125Amendment of section 11C—Commissioner
may cancel, suspend or impose conditions on registration
126Amendment of section 14—Withdrawal of
money from trust account
127Amendment of section 19—Term of
appointment of administrator or temporary manager
128Amendment of section 20—Review of
appointment of administrator or temporary manager
129Amendment of section 31—Limitation of
claims
130Amendment of section 35—Review of
Commissioner's determination
131Amendment of section
44—Complaints
132Amendment of section 45—Hearing by
Tribunal
46Participation of
assessors in disciplinary proceedings
134Amendment of section 47—Disciplinary
action
135Amendment of section 48—Contravention
of orders
136Amendment of section 53—Commissioner
and proceedings before Tribunal
138Amendment of Schedule 2A—Special
provisions relating to G.C. Growden Pty Ltd
Part 26—Amendment of Land Valuers
Act 1994
140Amendment of section
3—Interpretation
141Amendment of section
8—Complaints
142Amendment of section 9—Hearing by
Tribunal
10Participation of
assessors in disciplinary proceedings
144Amendment of section 11—Disciplinary
action
145Amendment of section 12—Contravention
of orders
146Amendment of section 14—Commissioner
and proceedings before Tribunal
148Amendment of Schedule 2—Transitional
provisions
Part 27—Amendment of Livestock
Act 1997
150Amendment of section
3—Interpretation—general
51Review of Chief
Inspector's determination of claim
152Amendment of section 72—Compliance
notices
153Substitution of heading to Part
9
154Amendment of section
73—Reviews
155Amendment of section
88—Regulations
Part 28—Amendment of Local
Government Act 1999
157Amendment of section
4—Interpretation
158Amendment of section 54—Casual
vacancies
159Amendment of section 83—Notice of
ordinary or special meetings
160Amendment of section 87—Calling and
timing of committee meetings
161Amendment of section 156—Basis of
differential rates
162Amendment of section 173—Alterations
to assessment record
163Amendment of section 186—Recovery of
rates not affected by an objection or review
164Amendment of section 256—Rights of
review
165Amendment of section 263B—Outcome of
Ombudsman investigation
166Amendment of section 264—Complaint
lodged with SACAT
167Amendment of section 265—Hearing by
SACAT
168Substitution of section 266
169Amendment of section 267—Outcome of
proceedings
Part 29—Amendment of Mental Health
Act 2009
173Amendment of section 16—Level 2
community treatment orders
174Amendment of section 22—Chief
Psychiatrist to be notified of level 1 orders or their revocation
175Amendment of section 26—Notices and
reports relating to level 2 orders
176Amendment of section 29—Level 3
inpatient treatment orders
177Amendment of section 81—Reviews of
orders (other than Tribunal orders)
Part 30—Amendment of Mines and Works
Inspection Act 1920
178Amendment of
section 4—Interpretation
179Substitution of sections 10A to
10C
Part 31—Amendment of National Parks
and Wildlife Act 1972
181Substitution of section 53A
Part 32—Amendment of Partnership
Act 1891
183Amendment of section 74—Certain
convicted offenders not to carry on business as general partners
Part 33—Amendment of Pastoral Land
Management and Conservation Act 1989
185Amendment of section
3—Interpretation
186Amendment of section 32—Resumption of
land
Division 1—Reviews by
Tribunal
51Operation of
certain decisions pending review
Division 2—Review of valuation and
review by Tribunal
188Amendment of section 68—Evidentiary
provision
Part 34—Amendment of Petroleum and
Geothermal Energy Act 2000
190Substitution of heading to Part
15
Part 15—Reconsideration and
reviews
191Substitution of Part 15 Division
3
Part 35—Amendment of Petroleum
Products Regulation Act 1995
193Amendment of section
4—Interpretation
195Amendment of section
56—Confidentiality
Part 36—Amendment of Plant Health
Act 2009
197Substitution of heading to Part 4 Division
5
Part 37—Amendment of Police
Superannuation Act 1990
200Amendment of section
4—Interpretation
201Amendment of section 4A—Putative
spouses
202Amendment of section 4B—Restriction on
publication of proceedings
203Amendment of section 39—Review of
Board's decisions
204Amendment of section
49—Confidentiality
Part 38—Amendment of Primary
Industry Funding Schemes Act 1998
206Amendment of
section 16—Regulations
Part 39—Amendment of Primary Produce
(Food Safety Schemes) Act 2004
208Substitution of heading to Part
5
Part 40—Amendment of Public
Corporations Act 1993
211Amendment of section 24—Formation of
subsidiary by regulation
Part 41—Amendment
of Residential Tenancies Act 1995
Part 42—Amendment of Safe Drinking
Water Act 2011
213Amendment of section
3—Interpretation
215Amendment of section 14—Related
matters
216Amendment of section
38—Notices
217Amendment of section
42—Reviews
Part 43—Amendment
of South Australian Civil and Administrative Tribunal
Act 2013
219Amendment of section 25—Decision if 2
or more members constitute Tribunal
220Amendment of section 34—Decisions
within review jurisdiction
221Amendment of section 47—Dismissing
proceedings on withdrawal or for want of prosecution
222Amendment of section
56—Representation
223Amendment of section 85—Tribunal may
review its decision if person was absent
Part 44—Amendment of Southern State
Superannuation Act 2009
224Amendment of section
3—Interpretation
225Amendment of section 7—Putative
spouses
226Amendment of section 8—Restriction on
publication of proceedings
227Amendment of section 25—Review of
Board's decisions
228Amendment of section
28—Confidentiality
Part 45—Amendment of Superannuation
Act 1988
230Amendment of section
4—Interpretation
231Amendment of section 4A—Putative
spouses
232Amendment of section 4B—Restriction on
publication of proceedings
233Amendment of section 44—Review of
Board's decisions
234Amendment of section
55—Confidentiality
Part 46—Amendment of Supported
Residential Facilities Act 1992
236Amendment of section
3—Interpretation
237Substitution of heading to Part 3 Division
3
19Tribunal to sit
with assessors
240Amendment of section 24—Application
for licence
241Amendment of section 27—Application
for renewal of licence
242Amendment of section 31—Cancellation
of licences
243Amendment of heading to Part 4 Division
2
246Amendment of section 54—Default
notices
Part 47—Amendment of Survey
Act 1992
248Amendment of section
4—Interpretation
249Amendment of section 37—Consequence of
investigation by Institution of Surveyors
250Amendment of section 38—Disciplinary
powers of Tribunal
251Substitution of section 38A
38AParticipation
of assessors in disciplinary proceedings
252Amendment of section 39—Return of
licence or certificate of registration
253Amendment of section 40—Restrictions
on disqualified persons
254Amendment of section 41—Consequences
of action against surveyor in other jurisdictions
255Substitution of heading to Part 3 Division
5
256Amendment of section 42—Reviews by
Tribunal
257Amendment of section 59A—Parties to
proceedings before Tribunal
Part 48—Amendment of Tobacco
Products Regulation Act 1997
260Amendment of section
4—Interpretation
Part 49—Amendment of Water Industry
Act 2012
263Amendment of section
4—Interpretation
264Amendment of section 35—Price
regulation
265Amendment of section 80—Enforcement
notices
266Amendment of section
83—Injunctions
267Amendment of heading to Part 9
268Amendment of section 85—Review by
Tribunal
269Amendment of section 86—Minister's
power to intervene
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (SACAT No 2)
Act 2017.
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 Adoption
Act 1988
4—Amendment
of section 42—Regulations
(1) Section 42(2)(j)—delete "the institution, hearing and
determination of proceedings" and substitute:
the vesting of jurisdiction in the South Australian Civil and
Administrative Tribunal under the
South
Australian Civil and Administrative Tribunal Act 2013
(2) Section 42(2)(k)—delete paragraph (k)
(1) Any review of a decision of the Chief Executive under a scheme
established by the regulations under section 42(2)(j) and (k) of the
principal Act (as in existence immediately before the relevant day) initiated
under those regulations before the relevant day will continue (including so as
to provide for the constitution of an adoption board) and be completed as if
this Act had not been enacted.
(2) In this section—
principal Act means the
Adoption
Act 1988
;
relevant day means the day on which this Part comes into
operation.
Part 3—Amendment
of Advance Care Directives
Act 2013
6—Amendment
of section 43—Interpretation
Section 43, definition of eligible person, (d)—delete
"that he or she" and substitute:
or the Tribunal that the person
7—Amendment
of section 51—Orders of Tribunal in relation to substitute
decision-makers
(1) Section 51(1)—after "If," insert:
of its own motion or
(2) Section 51(1), after paragraph (c)—insert:
or
(ca) is in such default in the exercise of the person's powers under the
advance care directive that, in the opinion of the Tribunal, the person is not
fit to continue as a substitute decision-maker,
8—Amendment
of section 54—Tribunal must give notice of
proceedings
Section 54(2)(b)—delete paragraph (b) and
substitute:
(b) the Tribunal may, if satisfied that urgent action is required in
proceedings before the Tribunal, make an order (or any other decision) as a
matter of urgency without complying with subsection (1), with effect for a
period not exceeding 21 days as directed by the Tribunal.
Part 4—Amendment
of Agricultural and Veterinary Products (Control
of Use) Act 2002
9—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of treat
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
10—Amendment
of section 21—Compensation if insufficient grounds for
order
Section 21(5)—delete subsection (5) and substitute:
(5) An applicant for the payment of compensation under this section who is
dissatisfied with a determination by the Minister as to the refusal to pay
compensation, or as to the amount of compensation, may seek a review of the
determination by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(6) An application for review may be made to the Tribunal—
(a) in a case to which subsection (4) applies—within
28 days after the 28 day period referred to in that subsection;
or
(b) in any other case—within 28 days after the day on which
notification of the determination was received.
11—Amendment
of section 30—Compliance orders
(1) Section 30(2)(e)—delete "appeal to the Administrative and
Disciplinary Division of the District Court against the order" and
substitute:
apply to the Tribunal for a review of the order
(2) Section 30(4)(a)—delete "appeal to the Administrative and
Disciplinary Division of the District Court against" and substitute:
apply to the Tribunal for a review of
12—Amendment
of section 31—Review
(1) Section 31(1)—delete "appeal to the Administrative and
Disciplinary Division of the District Court against the order or a variation of
the order" and substitute:
seek a review of the order or variation of the order by the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
(2) Section 31(2)—delete subsection (2) and
substitute:
(2) An application for review may be made to the Tribunal within
28 days of the making of the order or variation.
13—Amendment
of section 43—Regulations
Section 43(3)(c)—delete "appeals against" and substitute:
reviews of
(1) A right of appeal under section 21 or 31 of the principal
Act in existence (but not yet exercised) before the relevant day, will be
exercised as if this Part had been in operation before the right arose, so that
the relevant proceedings may be commenced before the Tribunal rather than the
Administrative and Disciplinary Division of the District Court.
(2) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(3) In this section—
principal Act means the
Agricultural
and Veterinary Products (Control of Use) Act 2002
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 5—Amendment
of Animal Welfare
Act 1985
15—Amendment
of section 3—Interpretation
Section 3—after the definition of the Society
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
16—Substitution
of heading to Part 4 Division 3
Heading to Part 4 Division 3—delete the heading and
substitute:
Division 3—Reviews
Section 26—delete the section and substitute:
26—Reviews of decisions of animal ethics
committees
(1) A right of review lies from a decision of an animal ethics committee
under this Part to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) An application
for review may be made to the Tribunal within 1 month after the making of
the relevant decision (or such longer period as the Tribunal may
allow).
(3) Before the Tribunal makes a decision on the review, the Committee must
investigate the decision under review and furnish the Tribunal with a report on
its investigations for consideration by the Tribunal.
18—Amendment
of section 27—Reviews of decisions of Minister
(1) Section 27(1) to (3) (inclusive)—delete subsections (1) to (3)
(inclusive) and substitute:
(1) A right of review lies from a decision of the Minister under this Part
to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) Subject to
subsection (5), an application for review may be made to the Tribunal within 1
month after the making of the relevant decision (or such longer period as the
Tribunal may allow).
(2) Section 27(5)—delete subsection (5) and substitute:
(5) If the reasons of the Minister were not given in writing at the time
of making a decision or order and the applicant for review then requests the
Minister to state the reasons in writing, the time for making the application
for review to the Tribunal runs from the time when the applicant receives the
written statement of those reasons.
(1) A right of appeal under section 26 of the principal Act in existence
(but not yet exercised) before the relevant day, will be exercised as if this
Part had been in operation before the right arose, so that proceedings may be
commenced before the Tribunal rather than the Minister.
(2) Nothing in this section affects any proceedings before the Minister
commenced under section 26 of the principal Act before the relevant
day.
(3) A right of appeal under section 27 of the principal Act in existence
(but not yet exercised) before the relevant day, will be exercised as if this
Part had been in operation before the right arose, so that proceedings may be
commenced before the Tribunal rather than the Supreme Court.
(4) Nothing in this section affects any proceedings before the Supreme
Court commenced under section 27 of the principal Act before the relevant
day.
(5) In this section—
principal Act means the
Animal
Welfare Act 1985
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 6—Amendment
of Aquaculture
Act 2001
20—Amendment
of section 3—Interpretation
Section 3—after the definition of suitable person
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
Part 9—delete the Part and substitute:
Part 9—Reviews
60—Reviews
(1) If—
(a) an applicant for an aquaculture lease is dissatisfied
with—
(i) a decision of the Minister not to grant a corresponding licence;
or
(ii) a decision of the Minister fixing the conditions of a corresponding
licence; or
(b) an applicant for a corresponding licence is dissatisfied with a
decision of the Minister not to grant the licence; or
(c) an applicant for an aquaculture licence (other than a corresponding
licence) is dissatisfied with—
(i) a decision of the Minister not to grant the licence; or
(ii) a decision of the Minister fixing the conditions of the licence;
or
(d) the holder of an aquaculture licence is dissatisfied
with—
(i) a decision of the Minister varying the conditions of the licence;
or
(ii) a decision of the Minister refusing to consent to the transfer or
surrender of the licence; or
(iii) a decision of the Minister to suspend or cancel the
licence,
the applicant for the licence or lease, or the holder of the licence, (as
the case may be), may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Minister's decision.
(2) However, there is no right of review in relation to an application for
a production licence or a corresponding licence if the application is made in
response to a public call for applications and the application was not an
application determined by the Minister under this Act to be a preferred
application (see section 35(8)).
(3) Subject to this section, an application for a review must be made
within 1 month after the applicant receives notice of the relevant decision
(or within such longer period as the Tribunal may allow).
(4) The Minister must, on application by a person affected by a decision
that may be the subject of a review by the Tribunal, state in writing the
reasons for the Minister's decision.
(5) If the reasons of the Minister are not given in writing at the time of
making a decision and the person affected by the decision, within 1 month
of the making of the decision, requires the Minister to state the Minister's
reasons in writing, the time for applying for a review runs from the time when
the person receives the written statement of those reasons.
(6) For the purposes of this Part, a response made by the EPA to the
Minister within the time allowed under Part 8 that the EPA does not approve
the granting of a licence will be taken to be a decision of the Minister that
the licence will not be granted and the EPA's reasons for its decision will be
taken to be the Minister's reasons.
(7) The EPA will be a party to a review of a decision of the Minister
relating to any matter referred to the EPA under Part 8.
(1) A right to appeal to the Administrative and Disciplinary Division of
the District Court under section 60 of the principal Act in relation to a
matter in existence (but not yet exercised) before the relevant day, will be
exercised as if this Part had been in operation before the right arose, so that
the relevant proceedings may be commenced instead before the Tribunal.
(2) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced under
the principal Act before the relevant day.
(3) In this section—
principal Act means the
Aquaculture
Act 2001
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 7—Amendment
of Associations Incorporation
Act 1985
23—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of transparency
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
24—Amendment
of section 17—Secrecy
Section 17(2)—after paragraph (b) insert:
(ba) in the course of proceedings before the Tribunal, produces a document
to the Tribunal or divulges to the Tribunal any matter or thing coming under his
or her notice in the performance of his or her official duties or in the
performance of a function or exercise of a power referred to in
subsection (1); or
25—Amendment
of section 50—Reviews
(1) Section 50(1) and (2)—delete subsections (1) and (2)
and substitute:
(1) Subject to this section, a person aggrieved by an act or decision of
the Commission under this Act may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the decision.
(2) An application for review under subsection (1) must be made
within 21 days after the relevant act or decision of the
Commission.
(2) Section 50(4)—delete "appeal" and substitute:
review
(3) Section 50(4)—delete "Court" and substitute:
Tribunal
(4) Section 50(5)—delete subsection (5) and substitute:
(5) Section 71 of the
South
Australian Civil and Administrative Tribunal Act 2013
does not apply to or in relation to a decision of the Tribunal under this
section.
(6) This section does not apply to or in relation to a decision of the
Commission under section 41.
(1) A right of appeal under section 50 of the principal Act in existence
before the relevant day (but not exercised before that day) will be exercised as
if this Part had been in operation before that right arose, so that the relevant
proceedings may be commenced before the Tribunal rather than the Administrative
and Disciplinary Division of the District Court.
(2) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(3) In this section—
principal Act means the
Associations
Incorporation Act 1985
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
Part 8—Amendment
of Births, Deaths and Marriages Registration
Act 1996
27—Amendment
of section 4—Definitions
Section 4—after the definition of surrogacy order
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
28—Amendment
of section 10—Execution of documents
(1) Section 10(2)—delete "or an administrative authority" and
substitute:
, tribunal or an administrative authority
(2) Section 10(2)—after "court," second occurring insert:
tribunal,
29—Amendment
of section 22—Dispute about child's name
Section 22—delete "Court" wherever occurring and substitute in each
case:
Tribunal
30—Amendment
of section 25—Application to register change of child's
name
(1) Section 25(1b)—delete "Court" and substitute:
Tribunal
(2) Section 25(2)(c)—delete "Court" and substitute:
Tribunal
(3) Section 25(3)—delete "Court" and substitute:
Tribunal
31—Amendment
of section 27—Registration of change of name
Section 27(2)—after "court" insert:
or tribunal
32—Amendment
of section 33—Deaths to be registered under this Act
Section 33(2)—after "court" insert:
, tribunal
33—Amendment
of heading to Part 6 Division 2
Heading to Part 6 Division 2—after "Court" insert:
or Tribunal
34—Amendment
of section 34—Application to Tribunal
Section 34—delete "Court" and substitute:
Tribunal
35—Amendment
of section 35—Power to direct registration of death
etc
Section 35—after "court" wherever occurring insert in each
case:
, tribunal
Section 50—delete the section and substitute:
50—Review
A person who is dissatisfied with a decision of the Registrar made in the
performance or purported performance of functions under this Act may apply to
the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the decision.
(1) A right to make an application under section 22, 25 or 34, or seek a
review under section 50, of the principal Act in existence (but not yet
exercised) before the relevant day, will be exercised as if this Part had been
in operation before the right arose, so that the relevant proceedings may be
commenced before the Tribunal rather than the Magistrates Court.
(2) Nothing in this section affects any proceedings before the Magistrates
Court commenced before the relevant day.
(3) In this section—
principal Act means the
Births,
Deaths and Marriages Registration Act 1996
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
Part 9—Amendment
of Conveyancers
Act 1994
38—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of Court—delete the
definition
(2) Section 3(1)—after the definition of spouse
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Section 7A—delete the section and substitute:
7A—Reviews
(1) A person whose application for registration has been refused by the
Commissioner may seek a review of the Commissioner's decision by the Tribunal
under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) Subject to
subsection (4)
, an application for review may be made to the Tribunal within 1 month
after the making of the Commissioner's decision.
(3) The Commissioner must, if so required by the person, state in writing
the reasons for the Commissioner's decision.
(4) If the reasons
are not given in writing at the time of the making of the Commissioner's
decision and the person (within 1 month of the making of the decision)
requires the Commissioner to state the reasons in writing, the time for making
an application for review runs from the time at which the person receives the
written statement of those reasons.
40—Amendment
of section 9AA—Commissioner may cancel, suspend or impose conditions on
registration
(1) Section 9AA(4)—delete "appeal to the Court against the decision
of the Commissioner to cancel or suspend the registration or to impose the
conditions" and substitute:
seek a review by the Tribunal, under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
, of the decision of the Commissioner to cancel or suspend the registration
or to impose the conditions
(2) Section 9AA(5)—delete subsection (5) and
substitute:
(5) Subject to subsection (7), an application for review may be made
to the Tribunal within 1 month after the making of the relevant
decision.
(3) Section 9AA(6)—delete "appellant" and substitute:
person
(4) Section 9AA(7) and (8)—delete subsections (7) and (8)
and substitute:
(7) If the reasons
of the Commissioner are not given in writing at the time of the making of the
decision and the person (within 1 month of the making of the decision)
requires the Commissioner to state the reasons in writing, the time for making
an application for review runs from the time at which the person receives the
written statement of those reasons.
41—Amendment
of section 16—Withdrawal of money from trust account
Section 16—after "a court" wherever occurring insert in each
case:
or the Tribunal
42—Amendment
of section 21—Term of appointment of administrator or temporary
manager
(1) Section 21(1)—delete "Court" and substitute:
Tribunal
(2) Section 21(2)—delete "Court" and substitute:
Tribunal
43—Amendment
of section 22—Review of appointment of administrator or temporary
manager
Section 22(1)—delete "appeal to the Court against the appointment"
and substitute:
seek a review of the appointment by the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
44—Amendment
of section 33—Limitation of claims
Section 33(2)—delete "Court" and substitute:
Tribunal
45—Amendment
of section 37—Review of Commissioner's determination
(1) Section 37(1)—delete subsection (1) and
substitute:
(1) The claimant or the conveyancer or former conveyancer by whom the
fiduciary default was committed or to whom the fiduciary default relates may
seek a review of the Commissioner's determination by the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(1a) An application for review may be made to the Tribunal within
3 months after the person receives notice of the determination.
(2) Section 37(2)—delete "appeal is not instituted" and
substitute:
application for review is not made
46—Amendment
of section 46—Complaints
Section 46—delete "Court" and substitute:
Tribunal
47—Amendment
of section 47—Hearing by Tribunal
(1) Section 47(1)—delete "Court" and substitute:
Tribunal
(2) Section 47(2)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
Section 48—delete the section and substitute:
48—Participation of assessors in disciplinary
proceedings
(1) For the
purposes of section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
, there will be a panel of assessors consisting of—
(a) persons representative of conveyancers; and
(b) persons representative of members of the public who deal with
conveyancers,
who have expertise that would be of value to the Tribunal in relation to
proceedings before the Tribunal under this Part.
(2) In any proceedings under this Part, the Tribunal may, if the President
so determines, sit with 1 or more assessors from the panel.
(3) In this section—
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013
.
49—Amendment
of section 49—Disciplinary action
(1) Section 49(1)—delete "Court" and substitute:
Tribunal
(2) Section 49(2)—delete "Court" and substitute:
Tribunal
50—Amendment
of section 50—Contravention of orders
(1) Section 50(1)—delete "Court" and substitute:
Tribunal
(2) Section 50(2)—delete "Court" and substitute:
Tribunal
51—Amendment
of section 55—Commissioner and proceedings before
Tribunal
(1) Section 55(1)—delete "Court" and substitute:
Tribunal
(2) Section 55—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 the principal Act in existence (but not yet
exercised) before the relevant day, will be exercised as if this Part had been
in operation before the right arose, so that the relevant proceedings may be
commenced before the Tribunal rather than the Administrative and Disciplinary
Division of the District Court.
(2) A right to lodge a complaint under section 46 of the principal
Act in existence (but not yet exercised) before the relevant day, will be
exercised as if this Part had been in operation before the right arose, so that
the complaint may be lodged with the Tribunal rather than the Administrative and
Disciplinary Division of the District Court.
(3) A decision or order of the Administrative and Disciplinary Division of
the District Court under Part 5 of the principal Act in force immediately
before the relevant day will, on and from the relevant day, be taken to be a
decision or order of the Tribunal.
(4) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(5) A member of
each panel of persons who may sit as assessors established under Schedule 1 of
the principal Act (as in existence immediately before the relevant day) ceases
to hold office on the commencement of this subsection and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time.
(6) In this section—
principal Act means the
Conveyancers
Act 1994
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 10—Amendment
of Co-operatives National Law (South Australia)
Act 2013
54—Amendment
of section 9—Designated authority, designated instrument and
designated tribunal (Co-operatives National
Law section 4)
(1) Section 9(3)(b)—delete paragraph (b) and
substitute:
(b) the South Australian Civil and Administrative Tribunal established
under the
South
Australian Civil and Administrative Tribunal Act 2013
is specified for the purposes of Chapter 7 Part 3 of that
Law.
(2) Section 9—after subsection (3) insert:
(4) In conjunction with the operation of
subsection (3)(b)—
(a) a reference in Chapter 7 Part 3 of the
Co-operatives
National Law (South Australia)
to making an appeal will be taken to be a reference to applying to the
South Australian Civil and Administrative Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for review of the relevant decision; and
(b) an application for review must be made within the time prescribed by
the local regulations.
(1) A right of appeal under Chapter 7 Part 3 of the
Co-operatives
National Law (South Australia)
in existence before the relevant day (but not exercised before that day)
will be exercised as if this Part had been in operation before that right arose,
so that the relevant proceedings may be commenced before the Tribunal rather
than the District Court.
(2) Nothing in this section affects any proceedings before the District
Court commenced before the relevant day.
(3) In this section—
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 11—Amendment
of Crown Land Management
Act 2009
56—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of Court, (b)—delete ",
41 and 67" and substitute:
and 41
(2) Section 3(1), definition of Court, (c)—delete
paragraph (c)
(3) Section 3(1)—after the definition of statutory
encumbrance insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
57—Substitution
of heading to Part 5 Division 2
Heading to Part 5 Division 2—delete the heading and
substitute:
Division 2—Valuation reviews by
Minister
58—Insertion
of heading to Part 5 Division 2A
After section 66 insert:
Division 2A—Valuation reviews and other reviews by
Tribunal
59—Amendment
of section 67—Valuation reviews
(1) Section 67(1)—delete "appeal to the Court against the
determination" and substitute:
seek a review of the determination by the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
(2) Section 67(2) and (3)—delete subsections (2) and (3)
and substitute:
(2) Without limiting the powers of the Tribunal, a variation made by the
Tribunal on a review under subsection (1) may consist of an increase or
decrease in the valuation to which the review relates.
(3) An order for costs cannot be made against an applicant for review
unless the Tribunal is satisfied that the applicant's conduct in relation to the
proceedings was frivolous, vexatious or calculated to cause delay.
60—Repeal
of heading to Part 5 Division 3
Heading to Part 5 Division 3—delete the heading
Section 68—delete the section and substitute:
68—Other reviews
(1) A person who has applied for a review under section 65 (other
than a review under section 65(1)(a)) and who is dissatisfied with the
determination made, or taken to have been made, on the review may seek a review
of the Minister's determination by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) Subject to
subsection (3)
, an application for review may be made to the Tribunal—
(a) if the Minister is taken to have confirmed the determination or other
matter the subject of the review under section 65(6)—within
21 days after the date of such confirmation; or
(b) in any other case—within 21 days after notice of the
determination on the Minister's review is given to the person.
(3) If the reasons
of the Minister are not given to the person in writing at the time of making the
determination and the person (within the period specified in
subsection (2)
as the time within which an application for review to the Tribunal may be
made) requires the Minister to state the reasons in writing—
(a) the Minister must state in writing the reasons for the determination;
and
(b) the time for making the application for review to the Tribunal runs
from the time at which the person receives the written statement of those
reasons.
(4) An order for costs cannot be made against an applicant for review
unless the Tribunal is satisfied that the proceeding is one to which section 48
of the
South
Australian Civil and Administrative Tribunal Act 2013
applies.
(1) A right of appeal under section 67 of the principal Act in
existence (but not yet exercised) before the relevant day, will be exercised as
if this Part had been in operation before the right arose, so that the relevant
proceedings may be commenced before the Tribunal rather than the Land and
Valuation Court.
(2) A right of appeal under section 68 of the principal Act in
existence (but not yet exercised) before the relevant day, will be exercised as
if this Part had been in operation before the right arose, so that the relevant
proceedings may be commenced before the Tribunal rather than the Administrative
and Disciplinary Division of the District Court.
(3) Nothing in this section affects any proceedings before the Land and
Valuation Court or the Administrative and Disciplinary Division of the District
Court commenced before the relevant day.
(4) In this section—
principal Act means the
Crown
Land Management Act 2009
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 12—Amendment
of Electricity
Act 1996
63—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of transmission or
distribution network insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
64—Amendment
of section 35A—Price regulation by Commission
Section 35A(4)—delete "or an appeal"
65—Amendment
of heading to Part 8
Heading to Part 8—delete "and appeals"
Section 76—delete the section and substitute:
76—Review by Tribunal
(1) An application
may be made to the Tribunal by—
(a) an applicant
for review under section 75 who is dissatisfied with a decision as
confirmed, amended or substituted by the Commission or the Technical Regulator
on the review; or
(b) a person to
whom an enforcement notice has been issued under Part 7
Division A3,
for a review of the decision or notice under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) An application for review must be made—
(a) in the case of an application for review under
subsection (1)(a)
—within 10 working days after receipt of the written notice of
the decision of the Commission or the Technical Regulator on the review under
section 75 or, if the Commission or the Technical Regulator failed to make
a decision on the review within the allowed period, within 10 working days
after the end of that period; and
(b) in the case of an application for review under
subsection (1)(b)
—within 10 working days after the notice is issued to the
relevant person.
(3) For the
purposes of proceedings before the Tribunal under this section, a panel of
assessors must be established under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
consisting of persons with knowledge of, or experience in, the electricity
supply industry or the fields of commerce or economics.
(4) In any proceedings under this section, the Tribunal will, if the
President of the Tribunal so determines, sit with 1 or more
assessors.
(5) Section 37(1)(c)(i) of the
South
Australian Civil and Administrative Tribunal Act 2013
does not apply to a review by the Tribunal under
subsection (1)(a)
.
67—Amendment
of section 77—Minister's power to intervene
Section 77—delete "or appeal"
Schedule 1A—delete the Schedule
(1) A right of appeal to the District Court under section 76 of the
principal Act in existence before the relevant day (but not exercised before
that day) will be exercised as if this Part had been in operation before that
right arose, so that the relevant proceedings may be commenced before the
Tribunal rather than the Court.
(2) Nothing in this section affects any proceedings before the District
Court commenced before the relevant day.
(3) A member of the expert panel holding office immediately before the
relevant day will cease to hold office on the relevant day and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time (and no right of
action will arise against a Minister or the State on account of that
termination).
(4) In this section—
expert panel means the panel established under
Schedule 1A of the principal Act as in force immediately before the
relevant day;
principal Act means the
Electricity
Act 1996
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 13—Amendment
of Emergency Services Funding
Act 1998
70—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of owner
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
71—Amendment
of section 5A—Application for aggregation of non contiguous
land
Section 5A(5) and (6)—delete subsections (5)
and (6) and substitute:
(5) The applicant may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of a decision of the Commissioner to refuse an application
under this section.
(6) An application for review must be made within 28 days after the
notice is served on the applicant under subsection (4).
72—Amendment
of section 9—Objection to attribution of use to land
Section 9(4)—delete subsection (4) and
substitute:
(4) An objector who is dissatisfied with the Minister's decision may apply
to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Minister's decision.
(4a) An application for review must be made within 21 days after
notification of the Minister's decision to the objector.
73—Amendment
of section 13—Alterations to assessment book
Section 13(3)—delete subsection (3) and substitute:
(3) The Commissioner must notify the applicant in writing of the
Commissioner's decision, and if the application is refused, the notice must
include the Commissioner's reasons for refusing the application.
(4) An applicant who is dissatisfied with the decision of the Commissioner
on the application may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Commissioner's decision.
(5) An application for review must be made within 21 days after
notification of the Commissioner's decision under subsection (3).
74—Amendment
of section 21—Recovery of levy not affected by objection or
review
(1) Section 21(1)(a)—delete ", review or appeal" and
substitute:
or review
(2) Section 21(1)(b)—delete "appeal" and substitute:
review
(3) Section 21(2)—delete ", review or appeal" and
substitute:
or review
(4) Section 21(2)(b)—delete ", review or appeal" and
substitute:
or review
(5) Section 21(2)(c)—delete ", review or appeal" and
substitute:
or review
(6) Section 21(2)(d)—delete ", review or appeal" and
substitute:
or review
75—Amendment
of section 26—Objection to classification of vehicle
Section 26(4)—delete subsection (4) and
substitute:
(4) An objector who is dissatisfied with the Minister's decision may apply
to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Minister's decision.
(4a) An application for review must be made within 21 days after
notification of the Minister's decision to the objector.
(1) A right of appeal or review under section 5A, 9, 13 or 26 of
the principal Act in existence before the relevant day (but not exercised before
that day) will be exercised as if this Part had been in operation before that
right arose, so that the relevant proceedings may be commenced before the
Tribunal rather than the Supreme Court, Land and Valuation Court or District
Court (as the case may be).
(2) Nothing in this section affects any proceedings before the Supreme
Court, Land and Valuation Court or District Court commenced before the relevant
day.
(3) In this section—
principal Act means the
Emergency
Services Funding Act 1998
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 14—Amendment
of Environment Protection
Act 1993
77—Amendment
of section 103V—Accreditation of site contamination
auditors
(1) Section 103V(2)(i)—delete "appeals to the Administrative and
Disciplinary Division of the District Court against" and substitute:
reviews by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
of
(2) Section 103V—after subsection (3) insert:
(4) In this section—
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 15—Amendment
of Environment Protection (Sea Dumping)
Act 1984
78—Amendment
of section 16—Suspension and revocation of permits
Section 16(3)—delete "appeal" and substitute:
review
Section 27—delete the section and substitute:
27—Review of decision to refuse
permit
(1) A person may seek a review by the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
of a decision of the Minister—
(a) to refuse to grant a permit under this Act; or
(b) to vary, suspend or revoke a permit under this Act.
(2) An application for review may be made to the Tribunal within
30 days after the date of the decision (or such longer period as the
Tribunal may allow).
(3) In this section—
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
(1) A right of appeal under section 27 of the principal Act in
existence (but not yet exercised) before the relevant day, will be exercised as
if this Part had been in operation before the right arose, so that proceedings
may be commenced before the Tribunal rather than the Supreme Court.
(2) Nothing in this section affects any proceedings before the Supreme
Court commenced before the relevant day.
(3) In this section—
principal Act means the
Environment
Protection (Sea Dumping) Act 1984
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 16—Amendment
of Essential Services Commission
Act 2002
81—Amendment
of section 3—Interpretation
Section 3—after the definition of relevant industry regulation
Act insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
82—Amendment
of heading to Part 6
Heading to Part 6—delete "and appeals"
83—Amendment
of section 32—Review by Tribunal
(1) Section 32(1) and (2)—delete subsections (1) and (2)
and substitute:
(1) The applicant for a review by the Commission under section 31, or
any other party to the review who made submissions on the review, who is
dissatisfied with the price determination or decision as confirmed, varied or
substituted by the Commission on the review may apply to the Tribunal for a
review of the determination or decision under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) For the
purposes of proceedings before the Tribunal under this section, a panel of
assessors must be established under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
consisting of persons with knowledge of, or experience in, a regulated
industry or the fields of commerce or economics.
(2a) In any proceedings under this section, the Tribunal may, if the
President of the Tribunal so determines, sit with 1 or more assessors.
(2) Section 32(3)—delete "appeal must be made" and
substitute:
application for review by the Tribunal must be made to the
Tribunal
(3) Section 32(3)(a)—after "decision" insert:
of the Commission
(4) Section 32(3)—delete "(which period cannot be extended)" and
substitute:
(or within such longer period as the Tribunal may allow)
(5) Section 32(4)—delete subsection (4) and
substitute:
(4) If an application for review by the Tribunal is made under this
section, any other party to the review by the Commission who made submissions on
the review must be given notice of the application for review and may apply to
be joined as a party to the review by the Tribunal.
(6) Section 32(5)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(7) Section 32(6) to (8)—delete subsections (6) to (8)
(inclusive) and substitute:
(6) Section 37(1)(b) and (c)(i) of the
South
Australian Civil and Administrative Tribunal Act 2013
do not apply to a review by the Tribunal under this section.
Schedule 1—delete the Schedule
(1) A right of appeal under section 32 of the principal Act in
existence (but not yet exercised) before the relevant day will be exercised as
if this Part had been in operation before that right arose, so that the relevant
proceedings may be commenced before the Tribunal rather than the District
Court.
(2) Nothing in this section affects any proceedings before the District
Court commenced before the relevant day.
(3) A member of the expert panel holding office immediately before the
relevant day will cease to hold office on the relevant day and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time.
(4) In this section—
expert panel means the panel established under Schedule 1 of
the principal Act as in force immediately before the relevant day;
principal Act means the
Essential
Services Commission Act 2002
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 17—Amendment
of Fisheries Management
Act 2007
86—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of total allowable commercial
catch insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
87—Amendment
of section 111—Review of certain decisions of
Minister
Section 111(1)—after "review" insert:
(an internal review)
88—Substitution
of heading to Part 9 Division 2
Heading to Part 9 Division 2—delete the heading and
substitute:
Division 2—External review
89—Substitution
of section 112
Section 112—delete the section and substitute:
112—External review
(1) An applicant for an internal review under Division 1 who is not
satisfied with the decision of the Minister on the review may apply to the
Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Minister's decision.
(2) An application for a review by the Tribunal must be made within
28 days after the applicant receives the written statement of the reasons
for making the decision that is to be the subject of a review by the
Tribunal.
90—Amendment
of section 124—Confidentiality
Section 124(4)—after "a court" insert:
or the Tribunal
(1) A right of appeal to the Administrative and Disciplinary Division of
the District Court under section 112 of the principal Act in relation to a
matter in existence (but not yet exercised) before the relevant day, will be
exercised as if this Part had been in operation before the right arose, so that
the relevant proceedings may be commenced instead before the Tribunal.
(2) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced under
the principal Act before the relevant day.
(3) In this section—
principal Act means the
Fisheries
Management Act 2007
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 18—Amendment
of Food Act 2001
92—Amendment
of section 4—Definitions
(1) Section 4(1), definition of appropriate review
body—delete the definition
(2) Section 4(1)—after the definition of sell
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
93—Amendment
of section 35—Review of order
Section 35(5)—delete "appropriate review body" and
substitute:
Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
94—Amendment
of section 51—Review of decision to refuse certificate of
clearance
Section 51(1)—delete "appropriate review body" and
substitute:
Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
95—Amendment
of section 52—Review of order
Section 52(4)—delete "appropriate review body" and
substitute:
Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
96—Amendment
of section 65—Review of decisions relating to
approval
Section 65(1)—delete "appropriate review body" and
substitute:
Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
97—Amendment
of section 71—Review of decisions relating to
approval
Section 71(1)—delete "appropriate review body" and
substitute:
Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
98—Amendment
of section 77—Review of decisions relating to
approvals
Section 77(1)—delete "appropriate review body" and
substitute:
Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
(1) A right of review under section 35, 51, 52, 65, 71 or 77 of the
principal Act in existence before the relevant day (but not exercised before
that day) will be exercised as if this Part had been in operation before that
right arose, so that the relevant proceedings may be commenced before the
Tribunal rather than the District Court.
(2) Nothing in this section affects any proceedings before the District
Court commenced before the relevant day.
(3) In this section—
principal Act means the
Food
Act 2001
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 19—Amendment
of Gas Act 1997
100—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of transmission
pipeline insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
101—Amendment
of section 33—Price regulation by determination of
Commission
Section 33(4)—delete "or an appeal"
102—Amendment
of heading to Part 7
Heading to Part 7—delete "and appeals"
103—Substitution
of section 72
Section 72—delete the section and substitute:
72—Review by Tribunal
(1) An application
may be made to the Tribunal by—
(a) an applicant
for review under section 71 who is dissatisfied with a decision as
confirmed, amended or substituted by the Commission or the Technical Regulator
on the review; or
(b) a person to
whom an enforcement notice has been issued under Part 6
Division A3,
for a review of the decision or notice under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) An application for review must be made—
(a) in the case of an application for review under
subsection (1)(a)
—within 10 working days after receipt of the written notice of
the decision of the Commission or the Technical Regulator on the review under
section 71 or, if the Commission or the Technical Regulator failed to make
a decision on the review within the allowed period, within 10 working days
after the end of that period; and
(b) in the case of an application for review under
subsection (1)(b)
—within 10 working days after the notice is issued to the
relevant person.
(3) For the purposes of proceedings before the Tribunal under this
section, a panel of assessors must be established under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
consisting of persons with knowledge of, or experience in, the gas supply
industry or the fields of commerce or economics.
(4) In any proceedings under this section, the Tribunal will, if the
President of the Tribunal so determines, sit with 1 or more
assessors.
(5) Section 37(1)(c)(i) of the
South
Australian Civil and Administrative Tribunal Act 2013
does not apply to a review by the Tribunal under
subsection (1)(a)
.
104—Amendment
of section 73—Minister's power to intervene
Section 73—delete "or appeal"
Schedule 3—delete the Schedule
(1) A right of appeal to the District Court under section 72 of the
principal Act in existence before the relevant day (but not exercised before
that day) will be exercised as if this Part had been in operation before that
right arose, so that the relevant proceedings may be commenced before the
Tribunal rather than the Court.
(2) Nothing in this section affects any proceedings before the District
Court commenced before the relevant day.
(3) A member of the expert panel holding office immediately before the
relevant day will cease to hold office on the relevant day and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time (and no right of
action will arise against a Minister or the State on account of that
termination).
(4) In this section—
expert panel means the panel established under
Schedule 3 of the principal Act as in force immediately before the relevant
day;
principal Act means the
Gas
Act 1997
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 20—Amendment
of Guardianship and Administration
Act 1993
107—Amendment
of section 29—Guardianship orders
Section 29—after subsection (2) insert:
(2a) The Tribunal may appoint a person (other than the Public Advocate) to
be an alternative guardian who is, in accordance with section 31B, to take
over full or limited guardianship, as the case may be, in the event of the
death, absence or incapacity of a particular guardian (the original
guardian).
After section 31A insert:
31B—Alternative guardian
(1) If an alternative guardian is appointed under section 29(2a) in
relation to a protected person, the following applies on the death, absence or
incapacity of the original guardian:
(a) the alternative guardian takes over full or limited guardianship, as
the case may be, of the protected person without further proceedings;
(b) the alternative guardian has the same powers and duties with respect
to the protected person as the original guardian had immediately before the
original guardian's death, absence or incapacity.
(2) A person who takes over guardianship under subsection (1) must,
as soon as practicable after becoming aware of the circumstances of the death,
absence or incapacity of the original guardian, notify the Tribunal in writing
of that fact and include any relevant documentary evidence of the
circumstances.
109—Amendment
of section 33—Applications under this Division
(1) Section 33(1)(ca)—delete paragraph (ca)
(2) Section 33(1)(e)—delete paragraph (e) and substitute:
(e) subject to subsection (1a))—
(i) a person responsible for the person; or
(ii) any other person who satisfies the Tribunal that they have a proper
interest in the welfare of the person.
(3) Section 33—after subsection (1) insert:
(1a) Subsection (1)(e) applies subject to the following
qualifications:
(a) an application for an order under section 30 may not be made by a
person referred to in subsection (1)(e) unless the person satisfies the
Tribunal that the reason for the application is a change in the circumstances
of—
(i) the person to whom the guardianship order applies; or
(ii) the appointed guardian (not being the Public Advocate);
(b) an application for an order under section 32(5) may not be made
by a person referred to in subsection (1)(e) unless the person satisfies
the Tribunal that the reason for the application is a change in the
circumstances of the person to whom the relevant order under section 32(1)
applies.
110—Amendment
of section 37—Applications under this Division
(1) Section 37(1)(ca)—delete paragraph (ca)
(2) Section 37(1)(e)—delete paragraph (e) and substitute:
(e) subject to subsection (1a)—
(i) a person responsible for the person; or
(ii) any other person who satisfies the Tribunal that they have a proper
interest in the welfare of the person.
(3) Section 37—after subsection (1) insert:
(1a) An application for an order under section 36 may not be made by
a person referred to in subsection (1)(e) unless the person satisfies the
Tribunal that the reason for the application is a change in the circumstances
of—
(a) the person to whom the administration order applies; or
(b) the appointed administrator (not being the Public Trustee).
111—Amendment
of section 44—Reporting requirements for private
administrators
(1) Section 44(1)—delete subsection (1) and substitute:
(1) An
administrator of a protected person's estate (other than the Public Trustee)
must, at such times as the Tribunal determines, provide—
(a) the Public Trustee; and
(b) at the request of the Tribunal—the Tribunal,
with a statement of the accounts of the estate, showing—
(c) the assets and liabilities of the estate; and
(d) the income and expenditure of the estate over a specified period;
and
(e) such other particulars relating to the estate as the Public Trustee
may require.
(2) Section 44(7)—after "copy of" insert:
the following documents (which, if not in the possession of the Tribunal,
must be obtained from the Public Trustee by the Tribunal for the purposes of
providing that access):
(3) Section 44(7)—delete "; and" wherever occurring and
substitute:
;
112—Amendment
of section 64—Reviews and appeals
Section 64(i)—before "a decision" insert:
an appeal against
Part 21—Amendment
of Harbors and Navigation
Act 1993
113—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of speed
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
114—Amendment
of section 28F—Power to deal with non-compliance
Section 28F(5) and (6)—delete subsections (5) and (6) and
substitute:
(5) A port operator may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of a decision of the Minister to take disciplinary action
against the port operator under this section.
(5a) For the purposes of proceedings before the Tribunal under this
section, a panel of assessors must be established under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
consisting of persons with expertise that would be of value to the
Tribunal in relation to the proceedings.
(5b) In any proceedings under this section, the Tribunal may, if the
President of the Tribunal so determines, sit with 1 or more
assessors.
(5c) Section 37(1)(c)(ii) of the
South
Australian Civil and Administrative Tribunal Act 2013
does not apply in relation to a review of a decision of the Minister to
take disciplinary action against a port operator under this section.
115—Amendment
of section 80—Review of administrative decisions
Section 80(3)—delete subsection (3) and substitute:
(3) If the applicant is dissatisfied with the decision made on the review,
the applicant may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the decision.
(1) A right to appeal to the Court of Marine Enquiry under
section 28F of the principal Act in relation to a matter in existence (but
not yet exercised) before the relevant day, will be exercised as if this Part
had been in operation before the right arose, so that the relevant proceedings
may be commenced instead before the Tribunal.
(2) A right to a review by the Court of Marine Enquiry under
section 80(3) of the principal Act in relation to a matter in existence
(but not yet exercised) before the relevant day, will be exercised as if this
Part had been in operation before the right arose, so that the relevant
proceedings may be commenced instead before the Tribunal.
(3) Nothing in this section affects any proceedings before the Court of
Marine Enquiry commenced under the principal Act before the relevant
day.
(4) In this section—
principal Act means the
Harbors
and Navigation Act 1993
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 22—Amendment
of Historic Shipwrecks
Act 1981
117—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of territorial waters of the
State insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
118—Amendment
of section 11—Power of Minister to give directions in relation to custody
of historic shipwrecks and relics
Section 11(6)—delete subsection (6) and substitute:
(6) If the Minister decides to give a person a notice under
subsection (1), the person may, within 1 month after receiving the
notice (or such longer period as the Tribunal may allow), seek a review of the
decision by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(1) A right to appeal to the Administrative and Disciplinary Division of
the District Court under section 11 of the principal Act in relation to a
matter in existence (but not yet exercised) before the relevant day, will be
exercised as if this Part had been in operation before the right arose, so that
the relevant proceedings may be commenced instead before the Tribunal.
(2) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced under
the principal Act before the relevant day.
(3) In this section—
principal Act means the
Historic
Shipwrecks Act 1981
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 23—Amendment
of Housing Improvement Act
2016
Section 41—delete the section
Part 24—Amendment
of Land Acquisition
Act 1969
121—Substitution
of section 12A
Section 12A—delete the section and substitute:
12A—Right of review
(1) A person who
makes a request under section 12 in relation to a proposed acquisition
which is refused by the Authority under that section may apply to the Tribunal
under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Authority's decision.
(2) An application for review under
subsection (1)
must be made within 7 days of service on the person of the notice of
the Authority's decision to refuse.
(3) The Tribunal must complete its proceedings on a review within
14 days of the application being made under
subsection (1)
.
(4) The merits or otherwise of the undertaking to which the proposed
acquisition relates cannot be called into question in a review under this
section.
(5) Section 71 of the
South
Australian Civil and Administrative Tribunal Act 2013
does not apply to or in relation to a decision of the Tribunal under this
section.
(6) In this section—
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
(1) A right of review under section 12A of the principal Act in existence
before the relevant day (but not exercised before that day) will be exercised as
if this Part had been in operation before that right arose, so that the relevant
proceedings may be commenced before the Tribunal rather than by making
application to the Minister under that section.
(2) Nothing in subsection (1) affects any proceedings arising from an
application made under section 12A of the principal Act before the relevant
day.
(3) In this section—
principal Act means the
Land
Acquisition Act 1969
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 25—Amendment
of Land Agents
Act 1994
123—Amendment
of section 3—Interpretation
(1) Section 3, definition of Court—delete the
definition
(2) Section 3—after the definition of sell
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
124—Substitution
of section 8D
Section 8D—delete the section and substitute:
8D—Reviews
(1) A person whose application for registration has been refused by the
Commissioner may seek a review of the Commissioner's decision by the Tribunal
under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) Subject to
subsection (4)
, an application for review may be made to the Tribunal within 1 month
after the making of the Commissioner's decision.
(3) The Commissioner must, if so required by the person, state in writing
the reasons for the Commissioner's decision.
(4) If the reasons
of the Commissioner are not given in writing at the time of the making of the
Commissioner's decision and the person (within 1 month of the making of the
decision) requires the Commissioner to state the reasons in writing, the time
for making an application for review runs from the time at which the person
receives the written statement of those reasons.
125—Amendment
of section 11C—Commissioner may cancel, suspend or impose conditions on
registration
(1) Section 11C(4)—delete "appeal to the Court against the decision
of the Commissioner to cancel or suspend the registration or to impose the
conditions" and substitute:
seek a review by the Tribunal, under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
, of the decision of the Commissioner to cancel or suspend the registration
or to impose the conditions
(2) Section 11C(5)—delete subsection (5) and
substitute:
(5) Subject to subsection (7), an application for review may be made
to the Tribunal within 1 month after the making of the relevant
decision.
(3) Section 11C(6)—delete "appellant" and substitute:
person
(4) Section 11C(7) and (8)—delete subsections (7) and (8)
and substitute:
(7) If the reasons
of the Commissioner are not given in writing at the time of the making of the
decision and the person (within 1 month of the making of the decision)
requires the Commissioner to state the reasons in writing, the time for making
an application for review runs from the time at which the person receives the
written statement of those reasons.
126—Amendment
of section 14—Withdrawal of money from trust account
Section 14—after "a court" wherever occurring insert in each
case:
or the Tribunal
127—Amendment
of section 19—Term of appointment of administrator or temporary
manager
(1) Section 19(1)—delete "Court" and substitute:
Tribunal
(2) Section 19(2)—delete "Court" and substitute:
Tribunal
128—Amendment
of section 20—Review of appointment of administrator or temporary
manager
Section 20(1)—delete "appeal to the Court against the appointment"
and substitute:
seek a review of the appointment by the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
129—Amendment
of section 31—Limitation of claims
Section 31(2)—delete "Court" and substitute:
Tribunal
130—Amendment
of section 35—Review of Commissioner's determination
(1) Section 35(1)—delete subsection (1) and
substitute:
(1) The claimant or the agent or former agent by whom the fiduciary
default was committed or to whom the fiduciary default relates may seek a review
of the Commissioner's determination by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(1a) An application for review may be made to the Tribunal within
3 months after the person receives notice of the determination.
(2) Section 35(2)—delete "appeal is not instituted" and
substitute:
application for review is not made
131—Amendment
of section 44—Complaints
Section 44—delete "Court" and substitute:
Tribunal
132—Amendment
of section 45—Hearing by Tribunal
(1) Section 45(1)—delete "Court" and substitute:
Tribunal
(2) Section 45(2)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
133—Substitution
of section 46
Section 46—delete the section and substitute:
46—Participation of assessors in disciplinary
proceedings
(1) For the
purposes of section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
, there will be a panel of assessors consisting of—
(a) persons representative of agents; and
(b) persons representative of members of the public who deal with
agents,
who have expertise that would be of value to the Tribunal in relation to
proceedings before the Tribunal under this Part.
(2) In any proceedings under this Part, the Tribunal may, if the President
so determines, sit with 1 or more assessors from the panel.
(3) In this section—
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013
.
134—Amendment
of section 47—Disciplinary action
(1) Section 47(1)—delete "Court" and substitute:
Tribunal
(2) Section 47(1a)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(3) Section 47(1b)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(4) Section 47(2)—delete "Court" and substitute:
Tribunal
135—Amendment
of section 48—Contravention of orders
(1) Section 48(1)—delete "Court" and substitute:
Tribunal
(2) Section 48(2)—delete "Court" and substitute:
Tribunal
136—Amendment
of section 53—Commissioner and proceedings before
Tribunal
(1) Section 53(1)—delete "Court" and substitute:
Tribunal
(2) Section 53—after subsection (2) insert:
(3) Subsection (1) applies in addition to section 53 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
Schedule 1—delete the Schedule
138—Amendment
of Schedule 2A—Special provisions relating to G.C. Growden Pty
Ltd
(1) Schedule 2A, clause 3(3)—delete "Court" and
substitute:
Tribunal
(2) Schedule 2A, clause 4(5)—delete "appeal to the Court against the
determination" and substitute:
seek a review of the determination by the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
(1) A right of appeal under the principal Act in existence (but not yet
exercised) before the relevant day, will be exercised as if this Part had been
in operation before the right arose, so that the relevant proceedings may be
commenced before the Tribunal rather than the Administrative and Disciplinary
Division of the District Court.
(2) A right to lodge a complaint under section 44 of the principal
Act in existence (but not yet exercised) before the relevant day, will be
exercised as if this Part had been in operation before the right arose, so that
the complaint may be lodged with the Tribunal rather than the Administrative and
Disciplinary Division of the District Court.
(3) A decision or order of the Administrative and Disciplinary Division of
the District Court under Part 4 of the principal Act in force immediately
before the relevant day will, on and from the relevant day, be taken to be a
decision or order of the Tribunal.
(4) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(5) A member of
each panel of persons who may sit as assessors established under Schedule 1 of
the principal Act (as in existence immediately before the relevant day) ceases
to hold office on the commencement of this subsection and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time.
(6) In this section—
principal Act means the
Land
Agents Act 1994
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 26—Amendment
of Land Valuers
Act 1994
140—Amendment
of section 3—Interpretation
(1) Section 3, definition of Court—delete the
definition
(2) Section 3—after the definition of land
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
141—Amendment
of section 8—Complaints
Section 8—delete "Court" and substitute:
Tribunal
142—Amendment
of section 9—Hearing by Tribunal
(1) Section 9(1)—delete "Court" and substitute:
Tribunal
(2) Section 9(2)—delete "Court" wherever occurring and substitute in
each case:
Tribunal
143—Substitution
of section 10
Section 10—delete the section and substitute:
10—Participation of assessors in disciplinary
proceedings
(1) For the
purposes of section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
, there will be a panel of assessors consisting of—
(a) persons representative of land valuers; and
(b) persons representative of members of the public who deal with land
valuers,
who have expertise that would be of value to the Tribunal in relation to
proceedings before the Tribunal under this Act.
(2) In any proceedings under this Act, the Tribunal may, if the President
so determines, sit with 1 or more assessors from the panel.
(3) In this section—
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013
.
144—Amendment
of section 11—Disciplinary action
(1) Section 11(1)—delete "Court" and substitute:
Tribunal
(2) Section 11(2)—delete "Court" and substitute:
Tribunal
145—Amendment
of section 12—Contravention of orders
(1) Section 12(1)—delete "Court" and substitute:
Tribunal
(2) Section 12(2)—delete "Court" and substitute:
Tribunal
146—Amendment
of section 14—Commissioner and proceedings before
Tribunal
(1) Section 14(1)—delete "Court" and substitute:
Tribunal
(2) Section 14—after subsection (2) insert:
(3) Subsection (1) applies in addition to section 53 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
Schedule 1—delete the Schedule
148—Amendment
of Schedule 2—Transitional provisions
Schedule 2, subclause (1)—delete subclause (1) and
substitute:
(1) If, under Schedule 2 subclause (1) as in force immediately
before the commencement of this subclause, an order had effect as if it were an
order of the Administrative and Disciplinary Division of the District Court, the
order will, on and from that commencement—
(a) have effect under this Act as if it were an order of the Tribunal;
and
(b) be subject to the same terms and conditions as applied immediately
before that commencement.
(1) A right to lodge a complaint under section 8 of the principal Act
in existence (but not yet exercised) before the relevant day, will be exercised
as if this Part had been in operation before the right arose, so that the
complaint may be lodged with the Tribunal rather than the Administrative and
Disciplinary Division of the District Court.
(2) A decision or order of the Administrative and Disciplinary Division of
the District Court under the principal Act in force immediately before the
relevant day will, on and from the relevant day, be taken to be a decision or
order of the Tribunal.
(3) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(4) A member of
each panel of persons who may sit as assessors established under Schedule 1 of
the principal Act (as in existence immediately before the relevant day) ceases
to hold office on the commencement of this subsection and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time.
(5) In this section—
principal Act means the
Land
Valuers Act 1994
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 27—Amendment
of Livestock
Act 1997
150—Amendment
of section 3—Interpretation—general
Section 3(1)—after the definition of sell
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
151—Substitution
of section 51
Section 51—delete the section and substitute:
51—Review of Chief Inspector's determination of
claim
(1) A person who
has made a claim for compensation may apply to the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Chief Inspector's determination of the amount of
compensation payable for particular livestock or property.
(2) An application cannot be made under
subsection (1)
in relation to a determination that no compensation or a reduced amount of
compensation is payable as a result of a conviction for an offence.
(3) An application for review must be made within 21 days of receipt
of the notice of the Chief Inspector's determination.
(4) For the purposes of proceedings under this section, the following
panels of assessors must be established under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
:
(a) a panel consisting of persons who have experience or qualifications in
valuing livestock or property that may be subject to the operation of this
Act;
(b) a panel consisting of persons who have experience or qualifications
relevant to managing or dealing with the outbreak or suspected outbreak of
exotic diseases in 1 or more sectors of the livestock industry.
(5) In any proceedings under this section, the Tribunal may, if the
President of the Tribunal so determines, sit with assessors selected by the
Minister.
152—Amendment
of section 72—Compliance notices
Section 72(2)(e)—delete paragraph (e) and
substitute:
(e) must state that the person may, within 14 days, apply to the
Tribunal for a review of the notice under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
153—Substitution
of heading to Part 9
Heading to Part 9—delete the heading and substitute:
Part 9—Reviews
154—Amendment
of section 73—Reviews
(1) Section 73(1)—delete "An appeal to the Administrative and
Disciplinary Division of the District Court may be made" and
substitute:
An application for review by the Tribunal may be made
(2) Section 73(4)—delete subsection (4) and
substitute:
(4) An application for review must be made—
(a) in the case of an application that relates to a decision of the Chief
Inspector—
(i) within 1 month of the making of the decision; or
(ii) if a request for reasons in writing for the decision has been made
under subsection (3)—within 1 month of the receipt of the
reasons in writing; or
(b) in the case of an application that relates to a decision to issue a
compliance notice—within 14 days of receipt of the notice.
155—Amendment
of section 88—Regulations
(1) Section 88(3)(c)—delete "(and provide for appeals against
such determinations)"
(2) Section 88—after subsection (3) insert:
(4) The regulations may confer jurisdiction on the Tribunal to review any
determination made under the regulations.
(1) A right of appeal under section 51 of the principal Act in existence
before the relevant day (but not exercised before that day) will be exercised as
if this Part had been in operation before that right arose, so that the relevant
proceedings may be commenced before the Tribunal rather than by making
application to the Minister under that section.
(2) Nothing in subsection (1) affects any proceedings arising from an
application made under section 51 of the principal Act before the relevant
day.
(3) A right of appeal under section 73 of the principal Act in
existence before the relevant day (but not exercised before that day) will be
exercised as if this Part had been in operation before that right arose, so that
the relevant proceedings may be commenced before the Tribunal rather than the
District Court.
(4) Nothing in subsection (3) affects any proceedings before the District
Court commenced before the relevant day.
(5) In this section—
principal Act means the
Livestock
Act 1997
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 28—Amendment
of Local Government
Act 1999
157—Amendment
of section 4—Interpretation
Section 4(1), definition of District Court—delete the
definition
158—Amendment
of section 54—Casual vacancies
Section 54(4)(a)—delete "the District Court" and
substitute:
SACAT
159—Amendment
of section 83—Notice of ordinary or special meetings
Section 83(9)—delete "the District Court" and substitute:
SACAT
160—Amendment
of section 87—Calling and timing of committee
meetings
Section 87(14)—delete "the District Court" and substitute:
SACAT
161—Amendment
of section 156—Basis of differential rates
Section 156(12)—delete subsection (12) and substitute:
(12) The objector,
if dissatisfied with the council's decision on the objection may, within
21 days after the objector receives notice of the council's decision (or
within such longer period as SACAT may allow), apply to SACAT for a review of
the decision under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
162—Amendment
of section 173—Alterations to assessment record
Section 173(7)—delete "the District Court for an order for
rectification of the assessment record" and substitute:
SACAT for a review of the decision under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
163—Amendment
of section 186—Recovery of rates not affected by an objection or
review
(1) Section 186(1)(b)—delete "appeal" and substitute:
review
(2) Section 186(2)—delete ", review or appeal" wherever
occurring and substitute in each case:
or review
164—Amendment
of section 256—Rights of review
(1) Section 256(1)—delete "appeal against" and substitute:
seek a review of
(2) Section 256(3)—delete "appeal against the order to the District
Court" and substitute:
seek a review of the order by SACAT under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
165—Amendment
of section 263B—Outcome of Ombudsman investigation
Section 263B—delete "in the District Court" wherever occurring and
substitute in each case:
with SACAT
166—Amendment
of section 264—Complaint lodged with SACAT
(1) Section 264(1)—delete "the District Court" and
substitute:
SACAT
(2) Section 264(4)—delete "rules of court" and substitute:
rules of SACAT under section 94 of the
South
Australian Civil and Administrative Tribunal Act 2013
167—Amendment
of section 265—Hearing by SACAT
(1) Section 265—delete "the District Court" wherever occurring and
substitute in each case:
SACAT
(2) Section 265(2)—delete "usual powers" and substitute:
powers under the
South
Australian Civil and Administrative Tribunal Act 2013
(3) Section 265(3)—delete "The District Court" and
substitute:
SACAT
168—Substitution
of section 266
Section 266—delete the section and substitute:
266—Constitution of SACAT
(1) For the
purposes of proceedings before the Tribunal under this Part, the following
panels of assessors must be established under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
:
(a) a panel
consisting of persons representative of elected members in local
government;
(b) a panel
consisting of persons with experience in dealing with complaints against public
officials.
(2) In any proceedings under this Part, the Tribunal may, if the President
of the Tribunal so determines, sit with 1 or more assessors.
169—Amendment
of section 267—Outcome of proceedings
Section 267—delete "the District Court" wherever occurring and
substitute in each case:
SACAT
Schedule 7—delete the Schedule
(1) A right to make any application under section 54, 83, 87
or 173 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 of appeal under section 156 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
Land and Valuation Court.
(3) A right of appeal under section 256 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.
(4) A right to lodge a complaint under Chapter 13 Part 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.
(5) Nothing in this section affects any proceedings before the District
Court or Land and Valuation Court commenced before the relevant day.
(6) A member of the panel established under Schedule 7 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.
(7) In this section—
principal Act means the
Local
Government Act 1999
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
Part 29—Amendment
of Mental Health
Act 2009
172—Amendment
of section 11—Chief Psychiatrist to be notified of level 1 orders or their
variation or revocation
Section 11(2)—delete subsection (2)
173—Amendment
of section 16—Level 2 community treatment orders
Section 16—after subsection (4) insert:
(4a) A level 1 community treatment order applying in relation to a person
is taken to be revoked on the making of a level 2 community treatment order in
relation to the person.
174—Amendment
of section 22—Chief Psychiatrist to be notified of level 1 orders or their
revocation
Section 22(2)—delete subsection (2) and substitute:
(2) If the order is made within 7 days after the expiry or revocation of a
previous inpatient treatment order applying to the same person, the Chief
Psychiatrist must ensure that the Tribunal is given a copy of the notice
referred to in subsection (1) within 1 business day of the making of the
order.
175—Amendment
of section 26—Notices and reports relating to level 2
orders
Section 26(2)—delete subsection (2) and substitute:
(2) If the order extends an inpatient treatment order, the Chief
Psychiatrist must ensure that the Tribunal is given a copy of the notice
referred to in subsection (1) within 1 business day of the making of the
order.
176—Amendment
of section 29—Level 3 inpatient treatment orders
Section 29—after subsection (4) insert:
(4a) A level 1 or 2 inpatient treatment order applying in relation to a
person is taken to be revoked on the making of a level 3 inpatient treatment
order in relation to the person.
177—Amendment
of section 81—Reviews of orders (other than Tribunal
orders)
Section 81—after subsection (2a) insert:
(2b) If a review under this section relates to a level 1 community
treatment order, the Chief Psychiatrist must, if requested by the Tribunal,
cause a copy of any notice sent or given to the Chief Psychiatrist under
section 11 to be given to the Tribunal within 1 business day of the
Tribunal requesting the documents.
(2c) If a review under this section relates to a level 1 inpatient
treatment order, the Chief Psychiatrist must cause a copy of the notice sent or
given to the Chief Psychiatrist under section 22 to be given to the
Tribunal within 1 business day of the Tribunal requesting the
documents.
(2d) If a review under this section relates to a level 2 inpatient
treatment order, the Chief Psychiatrist must cause a copy of the notice sent or
given to the Chief Psychiatrist under section 26 to be given to the
Tribunal within 1 business day of the Tribunal requesting the
documents.
Part 30—Amendment
of Mines and Works Inspection
Act 1920
178—Amendment
of section 4—Interpretation
Section 4(1), definition of "the appeal
board"—delete the definition
179—Substitution
of sections 10A to 10C
Sections 10A to 10C (inclusive)—delete the sections and
substitute:
11—Reviews—amenity
issues
(1) A person who is required to comply with an order or direction under
section 10(1)(e) may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the order or direction.
(2) An application must be made within 1 month of the making of the
order or decision.
(3) For the purposes of proceedings before the Tribunal under this
section, the following panels of assessors must be established under
section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
:
(a) a panel consisting of persons who have experience in the conduct of
mining operations;
(b) a panel consisting of persons who have experience in assessing the
aesthetic effect of mining operations and practices on the environment in which
they are carried out.
(4) In any proceedings under this section, the Tribunal may, if the
President of the Tribunal so determines, sit with assessors selected by the
President.
(1) A right of appeal under section 10A 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 subject
to the following provisions:
(a) if proceedings are yet to be commenced under section 10A(1) of
the principal Act (as in existence immediately before the relevant
day)—the relevant proceedings may be commenced before the Tribunal rather
than by making application to the appeal board under that section;
(b) if proceedings are yet to be commenced under section 10A(4) of
the principal Act (as in existence immediately before the relevant
day)—the relevant proceedings may be commenced before the Tribunal as a
review of a decision of the appeal board rather than by making application to
the Minister under that section.
(2) Nothing in subsection (1) affects any proceedings commenced
before the relevant day.
(3) A member of the Mines and Works Appeal Board holding office
immediately before the day on which this subsection comes into operation will
cease to hold office on that 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
Mines
and Works Inspection Act 1920
;
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 National Parks and Wildlife
Act 1972
181—Substitution
of section 53A
Section 53A—delete the section and substitute:
53A—Review by Tribunal
(1) A person who has applied for a permit under section 53 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 Minister—
(a) to refuse to grant the permit; or
(b) to grant the permit subject to limitations, restrictions or
conditions; or
(c) as to the term of the permit; or
(d) to revoke the permit.
(2) Subject to
subsection (4)
, an application must be made within 2 months after the applicant is
notified by the Minister of the decision.
(3) The Minister must, if required by the applicant for the review, state
in writing the reasons for the decision.
(4) If the reasons of
the Minister are not given to the applicant for the review in writing at the
time of making the decision and that person (within 2 months of the making of
the decision) requires the Minister to state the reasons in writing, the time
for making an application to the Tribunal runs from the time at which that
person receives the written statement of those reasons.
(5) For the
purposes of proceedings before the Tribunal under this section, a panel of
assessors must be established under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
that consists of persons that have extensive experience in the
following:
(a) the conservation of animals, plants or other natural
resources;
(b) the conservation of ecosystems;
(c) the management of natural resources;
(d) primary production;
(e) relevant fields of the biological sciences.
(6) In any proceedings under this section, 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 (5)
.
(7) In this section—
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013
;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
(1) A right to apply for review by the Council under section 53A 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 Council.
(2) Nothing in this section affects any proceedings before the Council
commenced before the relevant day or the consideration by the Minister of any
recommendations made to the Minister by the Council following those
proceedings.
(3) In this section—
Council means the Parks and Wilderness Council established
under the
National
Parks and Wildlife Act 1972
;
principal Act means the
National
Parks and Wildlife Act 1972
;
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 32—Amendment
of Partnership
Act 1891
183—Amendment
of section 74—Certain convicted offenders not to carry on business as
general partners
(1) Section 74—delete "District Court" wherever occurring and
substitute in each case:
Tribunal
(2) Section 74—after subsection (1) insert:
(1a) For the purposes of the
South
Australian Civil and Administrative Tribunal Act 2013
, an application for permission from the Tribunal will be taken to come
within the Tribunal's original jurisdiction.
(3) Section 74—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) Nothing in this Part affects any proceedings before the District Court
commenced under section 74 of the principal Act before the relevant
day.
(2) In respect of an application made to the Tribunal under section 74 of
the principal Act after the relevant day, a notice given to the Commission
before the relevant day under section 74(2) of the principal Act as in force
immediately before the relevant day will be taken to be a notice under section
74(2) of the principal Act as in force immediately after the relevant day,
provided that the application to the Tribunal is made not less than 28 days
after the notice was given to the Commission.
(3) In this section—
principal Act means the
Partnership
Act 1891
;
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 33—Amendment
of Pastoral Land Management and Conservation
Act 1989
185—Amendment
of section 3—Interpretation
Section 3(1), definition of the Tribunal—delete
the definition and substitute:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
186—Amendment
of section 32—Resumption of land
Section 32—after subsection (5) insert:
(6) For the purposes of the
South
Australian Civil and Administrative Tribunal Act 2013
, an application to vary any conditions of a lease under
subsection (5)(b)(ii) will be taken to come within the Tribunal's original
jurisdiction.
Part 7—delete the Part and substitute:
Part 7—Reviews
Division 1—Reviews by
Tribunal
50—Jurisdiction of Tribunal
(1) A lessee who is dissatisfied with—
(a) a decision to vary the conditions of a pastoral lease; or
(b) a decision not to extend the term of a pastoral lease; or
(c) a decision under section 41 (property plans); or
(d) a decision under section 45 (establishment of public access
routes and stock routes); or
(e) a refusal of consent to a transfer, assignment, mortgage, subletting
or other dealing with a pastoral lease; or
(f) a decision to cancel a pastoral lease or impose a fine on a lessee for
breach of lease conditions,
may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the decision.
(2) An application for review must be made within 3 months after
notification of the decision to the lessee.
(3) For the purposes of proceedings before the Tribunal under this Part, a
panel of assessors must be established under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
consisting of persons with expertise that would, in the opinion of the
Governor, be of value to the Tribunal in exercising its jurisdiction under this
part.
(4) In any proceedings under this Part, the Tribunal may, if the President
of the Tribunal so determines, sit with 1 or more assessors selected by the
President from the panel referred to in subsection (3).
51—Operation of certain decisions pending
review
(1) Subject to this section, a decision in relation to which an
application for review to the Tribunal may be made continues to operate despite
the right to make such an application or the commencement of proceedings for
review.
(2) A decision to cancel a pastoral lease or impose a fine on a lessee for
breach of lease conditions cannot be implemented or enforced until the period
for commencing proceedings for a review of the decision has elapsed or, if an
application has been made to the Tribunal, until the proceedings have been
determined or withdrawn.
(3) The operation of a decision in relation to which an application for
review to the Tribunal has been made may, on the application of the lessee, be
suspended by the Tribunal in whole or in part pending the determination of the
matter.
52—Related provisions
(1) The Tribunal may not allow non-party intervention in proceedings
before the Tribunal under this Division.
(2) The Tribunal
must require the parties to proceedings under this Division to attend a
compulsory conference under section 50 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(3) Counsel for the parties to proceedings under this Division are not
entitled to attend a compulsory conference under
subsection (2)
.
Division 2—Review of valuation and review by
Tribunal
53—Valuations—right of
review
(1) A lessee who is
dissatisfied with a determination by the Valuer-General of the annual rent for
the lessee's pastoral lease may, within 3 months of receiving a copy of the
notice of determination—
(a) apply to the
Valuer-General for a review of the determination; or
(b) apply to the Tribunal for a review of the determination.
(2) The Valuer-General must, on the written request of a lessee who is
dissatisfied with a determination of annual rent, endeavour to resolve the
matter informally by conferring with the lessee, whether or not the lessee has
lodged an application for review under
subsection (1)
.
(3) An application
under
subsection (1)(a)
must be made, and will be dealt with, in accordance with the
Valuation
of Land Act 1971
, as if it were an application for review of a valuation under that
Act.
(4) If the lessee or the Valuer-General is dissatisfied with the decision
of a land valuer on a review under
subsection (3)
, the lessee or the Valuer-General may, within 1 month of receiving
notification of the decision, apply to the Tribunal for a review of the
decision.
(5) For the purposes of the
South
Australian Civil and Administrative Tribunal Act 2013
, an application to the Tribunal under this Division will be taken to come
within the Tribunal's review jurisdiction but, in the exercise of this
jurisdiction, the Tribunal will consider the matter de novo (adopting
such processes and procedures, and considering and receiving such evidence or
material, as it thinks fit for the purposes of the proceedings).
188—Amendment
of section 68—Evidentiary provision
Section 68(e)—delete paragraph (e)
(1) Nothing in this Part affects any proceedings before PLAT or the Land
and Valuation Court commenced before the relevant day.
(2) A right to appeal to PLAT under Part 7 Division 2 of the
principal Act in existence before the relevant day (and not exercised before
that day) will be exercised as if this Part has been in operation before that
right arose, so that the relevant proceedings may be commenced instead before
SACAT.
(3) A right to appeal to the Land and Valuation Court under Part 7
Division 3 of the principal Act in existence before the relevant day (and
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 instead before SACAT.
(4) The Governor
may, when the Governor thinks it is appropriate to do so, by proclamation,
dissolve PLAT.
(5) When a proclamation is made under
subsection (4)
any member of PLAT, or member of a panel constituted for the purposes of
PLAT, holding office at the time of the making of the proclamation will cease to
hold office under the principal Act 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—
PLAT means the Pastoral Land Appeal Tribunal
established under the principal Act;
principal Act means the
Pastoral
Land Management and Conservation Act 1989
;
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 34—Amendment
of Petroleum and Geothermal Energy
Act 2000
190—Substitution
of heading to Part 15
Heading to Part 15—delete the heading and substitute:
Part 15—Reconsideration and
reviews
191—Substitution
of Part 15 Division 3
Part 15 Division 3—delete Division 3 and
substitute:
Division 3—Reviews
128—Reviews
(1) An applicant who is dissatisfied with the Minister's decision on an
application for reconsideration under this Part may apply to the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Minister's decision.
(2) An application for review must be made within 1 month after the
applicant receives notice of the Minister's decision.
(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 of appeal under section 128 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
Petroleum
and Geothermal Energy 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 35—Amendment
of Petroleum Products Regulation
Act 1995
193—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of retail sale
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
Part 9—delete the Part and substitute:
Part 9—Reviews
47—Reviews
(1) If—
(a) a person who applies for the issue, renewal or variation of a licence
is dissatisfied with a decision of the Minister on the application; or
(b) a person who applies for the issue of a permit by the Minister is
dissatisfied with a decision of the Minister on the application; or
(c) a person who holds a licence is dissatisfied with a decision of the
Minister to vary, suspend or cancel the licence; or
(d) a person who holds a permit is dissatisfied with a decision of the
Minister to cancel the 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) The Minister must, on application by a person affected by a decision
that may be the subject of a review, state in writing the reasons for the
Minister's decision.
(3) Subject to
subsection (4)
, an application for a review must be made within 1 month after the
person receives notice of the relevant decision (or such longer period as the
Tribunal may allow).
(4) 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.
(5) A decision to—
(a) vary, suspend or cancel a licence; or
(b) cancel a permit,
is suspended pending the determination of a review of the
decision.
195—Amendment
of section 56—Confidentiality
Section 56(5)—delete "A court does not have" and
substitute:
Neither the Tribunal nor a court has
(1) A right to appeal to the Administrative and Disciplinary Division of
the District Court under section 47 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
Petroleum
Products Regulation 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 36—Amendment
of Plant Health
Act 2009
197—Substitution
of heading to Part 4 Division 5
Heading to Part 4 Division 5—delete the heading to Division 5
and substitute:
Division 5—Reviews
198—Substitution
of section 36
Section 36—delete the section and substitute:
36—Review by Tribunal
(1) An applicant for a review by the Minister who is not satisfied with
the decision of the Minister on the review may apply to the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Minister's decision.
(2) Subject to subsection (4), an application must be made within
28 days of the making of the Minister's decision.
(3) The Minister must, if required by the applicant for the review, state
in writing the reasons for the decision.
(4) If the reasons of the Minister are not given to the applicant for the
review in writing at the time of making the decision and that person (within
28 days of the making of the decision) requires the Minister to state the
reasons in writing, the time for commencing proceedings before the Tribunal runs
from the time at which that person receives the written statement of those
reasons.
(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 36 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
Plant
Health 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 37—Amendment
of Police Superannuation
Act 1990
200—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of surcharge notice
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
201—Amendment
of section 4A—Putative spouses
(1) Section 4A(2)—delete "District Court for a declaration" and
substitute:
Tribunal for a determination
(2) Section 4A(3)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(3) Section 4A(3)—delete "declaration" wherever occurring and
substitute in each case:
determination
(4) Section 4A(4)—delete "declaration" wherever occurring and
substitute in each case:
determination
(5) Section 4A(5)—delete "Court has declared" and
substitute:
Tribunal has determined
202—Amendment
of section 4B—Restriction on publication of
proceedings
(1) Section 4B(4)(a)(i)—delete subparagraph (i) and
substitute:
(i) by a court or the Tribunal or an employee of the Courts Administration
Authority, provided that such publication or disclosure is made in connection
with the administrative functions of the court or Tribunal; or
(2) Section 4B(4)(b)(i)—delete "the Court" and substitute:
a court or the Tribunal
203—Amendment
of section 39—Review of Board's decisions
(1) Section 39(1)—delete subsection (1) and substitute:
(1) A person who is dissatisfied with a decision of the Board under this
Act may seek a review of the decision by the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
or the Board.
(2) An application for review may be made to the Tribunal or the Board (as
the case may be) within 3 months after the person receives notice of the
decision.
(2) Section 39(4)—delete "an appeal to" and substitute:
a review by
204—Amendment
of section 49—Confidentiality
Section 49(1)(d)—after "a court" insert:
or the Tribunal
(1) A declaration of the District Court under section 4A of the principal
Act in force immediately before the relevant day will, on and from the relevant
day, be taken to be a determination of the Tribunal.
(2) A reference in section 4B of the principal Act to an application under
section 4A of the principal Act will, on and from the relevant day, be taken to
include a reference to an application under section 4A made before the relevant
day.
(3) A right of appeal under section 39 of the principal Act in
existence (but not yet exercised) before the relevant day, will be exercised as
if this Part had been in operation before the right arose, so that proceedings
may be commenced before the Tribunal rather than the Administrative and
Disciplinary Division of the District Court.
(4) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(5) In this section—
principal Act means the
Police
Superannuation Act 1990
;
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 38—Amendment
of Primary Industry Funding Schemes
Act 1998
206—Amendment
of section 16—Regulations
Section 16—after subsection (3) insert:
(4) The regulations may confer jurisdiction on the South Australian Civil
and Administrative Tribunal to review any determination under the
regulations.
(1) Any objection being considered by the Minister under a regulation
under the principal Act immediately before the relevant day will be dealt with
as if this Act had not been enacted.
(2) In this section—
principal Act means the
Primary
Industry Funding Schemes Act 1998
;
relevant day means the day on which this Part comes into
operation.
Part 39—Amendment
of Primary Produce (Food Safety Schemes)
Act 2004
208—Substitution
of heading to Part 5
Heading to Part 5—delete the heading and substitute:
Part 5—Reviews
209—Substitution
of section 34
Section 34—delete the section and substitute:
34—Review by Tribunal
(1) An applicant for a review by the Minister who is not satisfied with
the decision of the Minister on the review may apply to the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Minister's decision.
(2) Subject to subsection (4), an application must be made within
28 days of the making of the Minister's decision.
(3) The Minister must, if required by the applicant for the review, state
in writing the reasons for the decision.
(4) If the reasons of the Minister are not given to the applicant for the
review in writing at the time of making the decision and that person (within
28 days of the making of the decision) requires the Minister to state the
reasons in writing, the time for commencing proceedings before the Tribunal runs
from the time at which that person receives the written statement of those
reasons.
(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 34 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
Primary
Produce (Food Safety Schemes) 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 40—Amendment
of Public Corporations
Act 1993
211—Amendment
of section 24—Formation of subsidiary by regulation
Section 24(2)(da)— after "court" insert:
or tribunal
Part 41—Amendment
of Residential Tenancies
Act 1995
Section 37—delete the section
Part 42—Amendment
of Safe Drinking Water
Act 2011
213—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of District Court—delete
the definition
(2) Section 3(1)—after the definition of spouse
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
214—Substitution
of section 10
Section 10—delete the section and substitute:
10—Reviews
(1) A person may seek a review by the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
of—
(a) a condition imposed by the Minister in relation to a registration
under this Part; or
(b) a variation of a condition of registration made by the Minister on the
Minister's own initiative; or
(c) a decision of the Minister to refuse to grant an application to vary a
condition of registration; or
(d) a decision of the Minister to suspend a registration under this
Part.
(2) An application
for review may be made to the Tribunal within 28 days of the date of the
relevant decision (or such longer period as the Tribunal may allow).
215—Amendment
of section 14—Related matters
Section 14(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) A drinking water provider required to make an alteration under
subsection (3) may seek a review of the requirement by the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(5) An application for review may be made to the Tribunal within
28 days after the date of the imposition of the requirement (or such longer
period as the Tribunal may allow).
216—Amendment
of section 38—Notices
(1) Section 38(2)(e)—delete "appeal to the District Court against
the notice" and substitute:
seek a review of the notice by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
(2) Section 38(4)—delete "appeal to the District Court against the
notice" and substitute:
seek a review of the notice by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
217—Amendment
of section 42—Reviews
(1) Section 42(1) and (2)—delete subsections (1) and (2)
and substitute:
(1) A person who has been issued with a notice under this Division may
seek a review of the notice by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) An application for review may be made to the Tribunal within
14 days after the notice is served on the person (or such longer period as
the Tribunal may allow).
(2) Section 42—after subsection (3) insert:
(4) Subsection (3) applies in addition to section 53 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(1) A right of appeal against—
(a) a decision under section 10 of the principal Act; or
(b) a requirement under section 14 of the principal Act; or
(c) a notice under section 42 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 decision, requirement or notice (as the case may be) may be reviewed by 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
Safe
Drinking Water 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 43—Amendment
of South Australian Civil and Administrative
Tribunal Act 2013
219—Amendment
of section 25—Decision if 2 or more members constitute
Tribunal
(1) Section 25—delete "If" and substitute:
Subject to subsection (2), if
(2) Section 25—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) If the constitution of the Tribunal, as described in
subsection (1), includes 1 or more assessors, questions of law or
procedure will be determined by the presiding member.
220—Amendment
of section 34—Decisions within review jurisdiction
Section 34(2a)—delete subsection (2a) and substitute:
(2a) For the purposes of this Act—
(a) unless paragraph (b) applies—the decision-maker
for a reviewable decision is the person or body that made or is taken to have
made the reviewable decision;
(b) the rules may provide—
(i) that the decision-maker for a reviewable decision will, instead of
being the person or body under paragraph (a), be a person or body that is
assigned by the rules as being a suitable entity to act as the decision-maker
for the purposes of this Act (or specified provisions of this Act); or
(ii) that a reference to the decision-maker for a reviewable decision in
this Act (or specified provisions of this Act) will be taken to include a
reference to a person or body that is designated by the rules as being a
suitable entity to act jointly with the person or body under paragraph (a) for
the purposes of this Act (or specified provisions of this Act),
and rules made under this paragraph will then have effect in accordance
with their terms.
221—Amendment
of section 47—Dismissing proceedings on withdrawal or for want of
prosecution
Section 47(5)—after "the Tribunal" insert:
or a registrar who is authorised in writing by the President of the
Tribunal to make such an order (whether generally or in relation to particular
classes of matters or otherwise)
222—Amendment
of section 56—Representation
Section 56(3)—delete subsection (3)
223—Amendment
of section 85—Tribunal may review its decision if person was
absent
Section 85(1), definition of relevant hearing—delete
the definition and substitute:
relevant hearing, in relation to a decision of the Tribunal,
means a hearing at which the decision was made or which preceded the making of
the decision (including a compulsory conference) but does not include
mediation.
Part 44—Amendment
of Southern State Superannuation
Act 2009
224—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of Superannuation Funds
Management Corporation of South Australia or Corporation
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
225—Amendment
of section 7—Putative spouses
(1) Section 7(2)—delete "District Court for a declaration" and
substitute:
Tribunal for a determination
(2) Section 7(3)—delete "Court" wherever occurring and substitute in
each case:
Tribunal
(3) Section 7(3)—delete "declaration" wherever occurring and
substitute in each case:
determination
(4) Section 7(4)—delete "declaration" wherever occurring and
substitute in each case:
determination
(5) Section 7(5)—delete "Court has declared" and
substitute:
Tribunal has determined
226—Amendment
of section 8—Restriction on publication of
proceedings
(1) Section 8(4)(a)(i)—delete subparagraph (i) and
substitute:
(i) by a court or the Tribunal or an employee of the Courts Administration
Authority, provided that such publication or disclosure is made in connection
with the administrative functions of the court or Tribunal; or
(2) Section 8(4)(b)(i)—delete "the Court" and substitute:
a court or the Tribunal
227—Amendment
of section 25—Review of Board's decisions
(1) Section 25(1)—delete subsection (1) and
substitute:
(1) A person who is dissatisfied with a decision of the Board under this
Act may seek a review of the decision by the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
or the Board.
(1a) An application for review may be made to the Tribunal or the Board
(as the case may be) within 3 months after the person receives notice of
the decision.
(2) Section 25(2)—delete "an appeal to" and substitute:
a review by
228—Amendment
of section 28—Confidentiality
Section 28(1)(e)—after "a court" insert:
or the Tribunal
(1) A declaration of the District Court under section 7 of the principal
Act in force immediately before the relevant day will, on and from the relevant
day, be taken to be a determination of the Tribunal.
(2) A reference in section 8 of the principal Act to an application under
section 7 of the principal Act will, on and from the relevant day, be taken to
include a reference to an application under section 7 made before the relevant
day.
(3) A right of appeal under section 25 of the principal Act in
existence (but not yet exercised) before the relevant day, will be exercised as
if this Part had been in operation before the right arose, so that proceedings
may be commenced before the Tribunal rather than the Administrative and
Disciplinary Division of the District Court.
(4) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(5) In this section—
principal Act means the
Southern
State Superannuation Act 2009
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 45—Amendment
of Superannuation
Act 1988
230—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of TEC contract
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
231—Amendment
of section 4A—Putative spouses
(1) Section 4A(2)—delete "District Court for a declaration" and
substitute:
Tribunal for a determination
(2) Section 4A(3)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(3) Section 4A(3)—delete "declaration" wherever occurring and
substitute in each case:
determination
(4) Section 4A(4)—delete "declaration" wherever occurring and
substitute in each case:
determination
(5) Section 4A(5)—delete "Court has declared" and
substitute:
Tribunal has determined
232—Amendment
of section 4B—Restriction on publication of
proceedings
(1) Section 4B(4)(a)(i)—delete subparagraph (i) and
substitute:
(i) by a court or the Tribunal or an employee of the Courts Administration
Authority, provided that such publication or disclosure is made in connection
with the administrative functions of the court or Tribunal; or
(2) Section 4B(4)(b)(i)—delete "the Court" and substitute:
a court or the Tribunal
233—Amendment
of section 44—Review of Board's decisions
(1) Section 44(1)—delete subsection (1) and
substitute:
(1) A person who is dissatisfied with a decision of the Board under this
Act may seek a review of the decision by the Tribunal under section 34 of
the
South
Australian Civil and Administrative Tribunal Act 2013
or the Board.
(2) An application for review may be made to the Tribunal or the Board (as
the case may be) within 3 months after the person receives notice of the
decision.
(2) Section 44(4)—delete "an appeal to" and substitute:
a review by
234—Amendment
of section 55—Confidentiality
Section 55(1)(e)—after "a court" insert:
or the Tribunal
(1) A declaration of the District Court under section 4A of the principal
Act in force immediately before the relevant day will, on and from the relevant
day, be taken to be a determination of the Tribunal.
(2) A reference in section 4B of the principal Act to an application under
section 4A of the principal Act will, on and from the relevant day, be taken to
include a reference to an application under section 4A made before the relevant
day.
(3) A right of appeal under section 44 of the principal Act in
existence (but not yet exercised) before the relevant day, will be exercised as
if this Part had been in operation before the right arose, so that proceedings
may be commenced before the Tribunal rather than the Administrative and
Disciplinary Division of the District Court.
(4) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(5) In this section—
principal Act means the
Superannuation
Act 1988
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 46—Amendment
of Supported Residential Facilities
Act 1992
236—Amendment
of section 3—Interpretation
(1) Section 3, definition of District Court—delete the
definition
(2) Section 3—after the definition of supported residential
facility insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
237—Substitution
of heading to Part 3 Division 3
Heading to Part 3 Division 3—delete the heading and
substitute:
Division 3—Tribunal
Before section 20 insert:
19—Tribunal to sit with
assessors
(1) For the
purposes of proceedings before the Tribunal under this Act, a panel of assessors
must be established under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
that consists of persons that have extensive experience in the
following:
(a) the provision or supervision of personal care services;
(b) acting as advocates for people who are elderly, disabled or
intellectually impaired;
(c) developing or implementing policies that relate to the control or
development of supported residential facilities within the State;
(d) monitoring or inspecting supported residential facilities.
(2) In any proceedings under this Act, the Tribunal may, if the President
so determines, sit with 1 or more assessors selected by the President from the
panel referred to in
subsection (1)
.
(3) In this section—
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013
.
239—Substitution
of section 20
Section 20—delete the section and substitute:
20—Reasons for decision
At the conclusion of proceedings under this Act, the Tribunal must, if
requested to do so, furnish a party with a written statement of the reasons for
its decision (although the statement may take the form of a transcript of
reasons delivered orally).
240—Amendment
of section 24—Application for licence
Section 24(10)(c)—delete "appeal rights" and substitute:
rights of review
241—Amendment
of section 27—Application for renewal of licence
Section 27(4)(b)—delete "appeal rights" and substitute:
rights of review
242—Amendment
of section 31—Cancellation of licences
(1) Section 31(6)(i)—delete "District Court" and
substitute:
Tribunal
(2) Section 31(6)(i)—delete "Court" and substitute:
Tribunal
(3) Section 31(6)—after paragraph (i) insert:
and
(j) for the purposes of the
South
Australian Civil and Administrative Tribunal Act 2013
, an application to the Tribunal under paragraph (i) will be taken to
come within the Tribunal's original jurisdiction.
243—Amendment
of heading to Part 4 Division 2
Heading to Part 4 Division 2—delete "appeals" and
substitute:
reviews
244—Substitution
of section 32
Section 32—delete the section and substitute:
32—Review of decision or order
(1) A person may
apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of any decision or order of a licensing authority under this
Part.
(2) An application for review under
subsection (1)
must be made within 28 days after receipt by the person of notice in
writing of the relevant decision or order.
(3) If the application
for review is in respect of an application for renewal of a licence, the
licensing authority or the Tribunal may order that the licence remain in force
until the determination of the review.
(4) An order by the
licensing authority or the Tribunal under
subsection (3)
—
(a) is subject to such conditions as are specified in the order;
and
(b) may be varied or revoked—
(i) in any case—by further order of the Tribunal; or
(ii) if the order was made by the licensing authority—by further
order of the licensing authority or the Tribunal.
(5) If a person contravenes, or fails to comply with, a condition imposed
under
subsection (4)
, the person is guilty of an offence.
Penalty: Division 6 fine.
245—Substitution
of section 44
Section 44—delete the section and substitute:
44—Right of review
(1) A resident or
proprietor who is dissatisfied with a decision or order of a licensing authority
under section 43 may apply to the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the decision or order.
(2) An application for review under
subsection (1)
must be made within 28 days after receipt by the person of notice in
writing of the relevant decision or order.
(3) Unless otherwise determined by the Tribunal, where proceedings are
commenced for review of a decision or order of a licensing authority, the
operation of the decision or order is suspended until the determination of the
review.
246—Amendment
of section 54—Default notices
Section 54(4) to (7)—delete subsections (4) to (7) (inclusive) and
substitute:
(4) A person to whom a
notice is issued under subsection (1) may apply to the Tribunal under
section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the notice.
(5) An application for review under
subsection (4)
must be made within 14 days after the person receives the
notice.
(6) Unless otherwise determined by the Tribunal, the operation of the
notice is suspended until the determination of the review.
(1) A right of appeal under section 32, 44 or 54 of the
principal Act in existence (but not yet exercised) before the relevant day, will
be exercised as if this Part had been in operation before that right arose, so
that the relevant proceedings may be commenced before the Tribunal rather than
the District Court.
(2) A right to apply to the District Court under section 31(6)(i) of
the principal Act for resolution of a dispute with respect to a matter in
existence before the relevant day, with the effect that the relevant proceedings
would have been commenced before the District Court, will be exercised as if
this Part had been in operation before the right arose, so that the relevant
proceedings may be commenced instead before the Tribunal.
(3) An order or direction of the District Court under
section 31(6)(i) of the principal Act in force immediately before the
relevant day will, on and from the relevant day, be taken to be a decision or
order of the Tribunal.
(4) Nothing in this section affects any proceedings before the District
Court commenced before the relevant day.
(5) In this section—
District Court means the Administrative and Disciplinary
Division of the District Court;
principal Act means the
Supported
Residential Facilities Act 1992
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 47—Amendment
of Survey Act 1992
248—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of "Court"—delete the
definition
(2) Section 4(1)—after the definition of
"Surveyor-General" insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
249—Amendment
of section 37—Consequence of investigation by Institution of
Surveyors
(1) Section 37(1)—delete "Court" and substitute:
Tribunal
(2) Section 37(3)—delete "Court" and substitute:
Tribunal
250—Amendment
of section 38—Disciplinary powers of Tribunal
(1) Section 38(1)—delete "Court" and substitute:
Tribunal
(2) Section 38(2)—delete "Court" and substitute:
Tribunal
(3) Section 38(3)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(4) Section 38(6)—delete "Court" and substitute:
Tribunal
(5) Section 38(6)—delete "respondent" wherever occurring and
substitute in each case:
person
(6) Section 38(6)—delete "respondent's" wherever occurring and
substitute in each case:
person's
(7) Section 38(8)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(8) Section 38(8)—delete "respondent" and substitute:
person
(9) Section 38(9)—delete "Court" and substitute:
Tribunal
251—Substitution
of section 38A
Section 38A—delete the section and substitute:
38A—Participation of assessors in disciplinary
proceedings
(1) For the purposes of section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
, there will be a panel of assessors consisting of—
(a) persons representative of surveyors; and
(b) persons representative of members of the public who deal with
surveyors.
(2) In any proceedings under this Division, the Tribunal may, if the
President so determines, sit with 1 or more assessors selected from the panel by
the President.
(3) In this section—
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013
.
252—Amendment
of section 39—Return of licence or certificate of
registration
Section 39—delete "Court" and substitute:
Tribunal
253—Amendment
of section 40—Restrictions on disqualified persons
(1) Section 40(1)—delete "Court" and substitute:
Tribunal
(2) Section 40(2)—delete "Court" and substitute:
Tribunal
(3) Section 40(3)—delete "Court" wherever occurring and substitute
in each case:
Tribunal
(4) Section 40(4)—delete "Court" and substitute:
Tribunal
254—Amendment
of section 41—Consequences of action against surveyor in other
jurisdictions
(1) Section 41(1)—delete "Court" and substitute:
Tribunal
(2) Section 41(2)—delete "Court" and substitute:
Tribunal
255—Substitution
of heading to Part 3 Division 5
Heading to Part 3 Division 5—delete the heading and
substitute:
Division 5—Reviews by Tribunal
256—Amendment
of section 42—Reviews by Tribunal
(1) Section 42(1) and (2)—delete subsections (1) and (2)
and substitute:
(1) An application for review by the Tribunal may be made under section 34
of the
South
Australian Civil and Administrative Tribunal Act 2013
in the following cases:
(a) an applicant for a licence or registration under this Act may seek a
review of a decision of the Institution of Surveyors to grant a conditional
licence or to refuse to grant the licence or registration;
(b) an applicant for renewal of a licence or registration under this Act
may seek a review of a decision of the Institution of Surveyors to grant a
conditional renewal or to refuse to grant the renewal (whether or not until
fulfilment of specified conditions);
(c) a person who is reprimanded by the Institution of Surveyors under this
Act may seek a review of the reprimand.
(2) An application for review must be made within 1 month of the
making of the decision.
(2) Section 42(5)—delete subsection (5)
(3) Section 42(7)—delete "instituting an appeal" and
substitute:
applying for a review by the Tribunal
(4) Section 42(8)—delete subsection (8) and
substitute:
(8) If the Institution of Surveyors or the Tribunal is satisfied that an
applicant for renewal of a licence or registration under this Act has commenced
or intends to commence proceedings for a review of a decision under this
section, it may extend the period of the licence or registration until the
determination of the matter and may impose such conditions on the licence or
registration as it thinks fit.
257—Amendment
of section 59A—Parties to proceedings before Tribunal
Section 59A(1)—delete "of the Court" and substitute:
before the Tribunal
Schedule 1—delete the Schedule
(1) A right to lodge a complaint with the District Court under Part 3
Division 4 of the principal Act with respect to a matter in existence before the
relevant day (but not exercised before that day) will be exercised as if this
Part had been in operation before that right arose, so that the relevant
proceedings may be commenced before the Tribunal rather than the District
Court.
(2) A right of appeal to the District Court under Part 3
Division 5 of the principal Act with respect to a matter in existence
before the relevant day (but not exercised before that day) will be exercised as
if this Part had been in operation before that right arose, so that the relevant
proceedings may be commenced before the Tribunal rather than the District
Court.
(3) A decision or approval of the District Court under Part 3 of the
principal Act in force immediately before the relevant day will, on and from the
relevant day, be taken to be a decision or approval of the Tribunal.
(4) Nothing in this section affects any proceedings before the District
Court commenced before the relevant day.
(5) A member of
each panel of persons who may sit as assessors established under Schedule 1 of
the principal Act (as in existence immediately before the relevant day) ceases
to hold office on the commencement of this subsection and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time.
(6) In this section—
principal Act means the
Survey
Act 1992
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 48—Amendment
of Tobacco Products Regulation
Act 1997
260—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of retail
insert:
SACAT means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
261—Substitution
of section 13
Section 13—delete the section and substitute:
13—Review
(1) A person who is dissatisfied with a decision taken by the Minister on
a review may apply to SACAT under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
for a review of the Minister's decision.
(2) An application for review must be made within 1 month after the
person receives notice of the Minister's decision.
(1) A right of appeal under section 13 of the principal Act in
existence before the relevant day (but not exercised before that day) will be
exercised as if this Part had been in operation before that right arose, so that
the relevant proceedings may be commenced before the Tribunal rather than the
District Court.
(2) Nothing in this section affects any proceedings before the District
Court commenced before the relevant day.
(3) In this section—
principal Act means the
Tobacco
Products Regulation Act 1997
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.
Part 49—Amendment
of Water Industry
Act 2012
263—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of District Court—delete
the definition
(2) Section 4(1)—after the definition of Technical
Regulator insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
;
264—Amendment
of section 35—Price regulation
Section 35(2)—delete "or appeal"
265—Amendment
of section 80—Enforcement notices
(1) Section 80(2)(h)—delete "or institute an appeal against the
notice"
(2) Section 80(2)(h)—after "Act" insert:
and the
South
Australian Civil and Administrative Tribunal Act 2013
(3) Section 80(4)—delete "appeal to the District Court against" and
substitute:
apply to the Tribunal for a review of
266—Amendment
of section 83—Injunctions
Section 83(12)—delete subsection (12)
267—Amendment
of heading to Part 9
Heading to Part 9—delete "and appeals"
268—Amendment
of section 85—Review by Tribunal
(1) Section 85(1)—delete subsection (1) and
substitute:
(1) An application may be made to the Tribunal by—
(a) an applicant
for review under section 84 who is dissatisfied with a decision as
confirmed, amended or substituted by the Commission or the Technical Regulator
on the review; or
(b) a person to
whom an enforcement notice has been issued under Part 8
Division 4,
for a review of the decision or notice under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
.
(2) Section 85(2)—delete "An appeal" and substitute:
An application for review
(3) Section 85(2)(a)—delete "an appeal" and substitute:
a review
(4) Section 85(2)(a)—delete "appealed against" and
substitute:
of the Commission or the Technical Regulator on the review under
section 84
(5) Section 85(2)(b)—delete "an appeal" and substitute:
a review
(6) Section 85(3) to (5)—delete subsections (3) to (5) (inclusive)
and substitute:
(3) For the purposes of proceedings before the Tribunal under this
section, a panel of assessors must be established under section 22 of the
South
Australian Civil and Administrative Tribunal Act 2013
consisting of persons with knowledge of, or experience in, the water
industry or the fields of commerce or economics.
(4) In any proceedings under this section, the Tribunal may, if the
President of the Tribunal so determines, sit with 1 or more assessors.
(5) Section 37(1)(c)(i) of the
South
Australian Civil and Administrative Tribunal Act 2013
does not apply to a review by the Tribunal under
subsection (1)(a).
269—Amendment
of section 86—Minister's power to intervene
Section 86—delete "or appeal"
Schedule 1—delete the Schedule
(1) A right of appeal under section 85 of the principal Act in
existence before the relevant day (but not exercised before that day) will be
exercised as if this Part had been in operation before that right arose, so that
the relevant proceedings may be commenced before the Tribunal rather than the
District Court.
(2) Nothing in this section affects any proceedings before the District
Court commenced before the relevant day.
(3) A member of the expert panel holding office immediately before the
relevant day will cease to hold office on the relevant day and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time.
(4) In this section—
expert panel means the panel established under Schedule 1 of
the principal Act as in force immediately before the relevant day;
principal Act means the
Water
Industry Act 2012
;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013
.