South Australian Employment Tribunal Act 2014 (SA)

South Australia South Australian Employment Tribunal Act 2014 An Act to establish a tribunal with jurisdiction to review certain decisions relating to rights or circumstances arising out of or in the course of employment; to confer powers on the tribunal; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Relevant Acts prevail Part 2—South Australian Employment Tribunal Division 1—Establishment of Tribunal 5 Establishment of Tribunal 6 Jurisdiction of Tribunal 6A Conferral of jurisdiction—criminal matters 6AB Diversity proceedings 6B Conferral of jurisdiction—related matters 7 Tribunal to operate throughout State 7A Seals Division 2—Main objectives of Tribunal 8 Main objectives of Tribunal Division 3—Members of Tribunal Subdivision 1—The members 9 The members Subdivision 2—The President 10 Appointment of President 11 President's functions generally 12 Acting President Subdivision 3—The Deputy Presidents 12A Number of Deputy Presidents 13 Appointment of Deputy Presidents 14 Deputy President's functions generally Subdivision 4—Magistrates 15 Magistrates Subdivision 5—Commissioners 16 Appointment of Commissioners 17 Commissioner ceasing to hold office and suspension 18 Supplementary Commissioners Division 3A—Supplementary panel members 18A Supplementary panel members Division 4—Constitution of Tribunal and its decision‑making processes 19 Constitution of Tribunal 20 Who presides at proceedings of Tribunal 21 Decision if 2 or more members constitute Tribunal 22 Determination of questions of law Division 5—Related matters 24 Validity of acts of Tribunal 25 Disclosure of interest by members of Tribunal 26 Delegation Division 6—Additional provisions relating to jurisdiction 26A Declaratory judgments 26B Other provisions relating to civil jurisdiction of Court 26C Binding nature of decisions Division 7—Additional provisions relating to jurisdiction under Return to Work Act 2014 26D Civil jurisdiction under Return to Work Act 2014 26E Rights of action and recovery against third parties 26F Review jurisdiction under Return to Work Act 2014 26G Injuries that develop gradually 26H Criminal jurisdiction 26I Appeals Division 8—Additional provisions relating to jurisdiction under Workers Compensation Act 1971 26IA Additional provisions relating to jurisdiction under Workers Compensation Act 1971 Part 3—Exercise of jurisdiction Division 1—Review jurisdiction 26J Application of Division 27 General nature of proceedings 28 Decision‑maker must assist Tribunal 29 Effect of review proceedings on decision being reviewed 30 Decision on review 31 Tribunal may invite decision‑maker to reconsider decision Division 2—Application of Division 31A Application of Division Part 4—Principles, powers and procedures Division 1—Principles governing hearings 32 Principles governing hearings Division 2—Evidentiary powers 33 Power to require person to give evidence or to produce evidentiary material 34 Entry and inspection 35 Expert reports Division 3—Procedures 36 Practice and procedure generally 37 Directions for conduct of proceedings 38 Consolidating and splitting proceedings 39 More appropriate forum 40 Dismissing proceedings on withdrawal or for want of prosecution 41 Frivolous, vexatious or improper proceedings 42 Proceedings being conducted to cause disadvantage Division 4—Conferences, mediation and settlement Subdivision 1—Conferences 43 Compulsory conciliation conferences 44 Referral of matters for hearing and determination 45 Pre‑hearing conferences Subdivision 2—Mediation 46 Mediation Subdivision 3—Settling proceedings 47 Settling proceedings Division 5—Parties 48 Parties 49 Joinder of parties etc 50 Intervening Division 6—Representation 51 Representation Division 7—Costs 52 Costs 53 Costs—related matters Division 8—Other procedural and related provisions 54 Sittings 55 Hearings in public 56 Preserving subject matter of proceedings 57 Security as to costs etc 58 Interlocutory orders 59 Conditional, alternative and ancillary orders and directions 60 Special referees 61 Relief from time limits 62 Electronic hearings and proceedings without hearings 63 Completion of part‑heard matters 64 Other claims of privilege 65 Power to enlarge scope Part 5—Review and appeals Division 1—Review and appeals 66 Internal review 67 Appeals 68 Final appeal to Court of Appeal Division 2—Related matters 69 Effect of appeal on decision 70 Reservation of questions of law Part 6—Staff Division 1—Registrars 71 Registrars 72 Functions of registrars 73 Delegation Division 2—Other staff of Tribunal 74 Other staff of Tribunal Division 3—Use of services or staff 75 Use of services or staff Part 7—Miscellaneous 76 Immunities 77 Protection from liability for torts 78 Protection for compliance with Act 79 Alternative orders and relief 80 Power to cure irregularities 81 Correcting mistakes 82 Tribunal may review its decision if person was absent 83 Tribunal may authorise person to take evidence 83A Transfer of proceedings 84 Miscellaneous provisions relating to legal process and service 85 Proof of decisions and orders of Tribunal 86 Enforcement of decisions and orders of Tribunal 87 Accessibility of evidence 88 Costs of proceedings 88A Production of persons held in custody 89 Annual report 90 Additional reports 91 Disrupting proceedings of Tribunal 91A Punishment of contempts 91B Offences 92 Rules 93 Regulations Legislative history