South Australian Civil and Administrative Tribunal (Miscellaneous) Amendment Bill 2024 (SA)

South Australia South Australian Civil and Administrative Tribunal (Miscellaneous) Amendment Bill 2024 A Bill For An Act to amend the South Australian Civil and Administrative Tribunal Act 2013 and to make related amendments to the Housing Improvement Act 2016, the Residential Parks Act 2007, the Residential Tenancies Act 1995 and the Retirement Villages Act 2016.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of South Australian Civil and Administrative Tribunal Act 2013 3 Amendment of section 3—Interpretation 4 Substitution of section 28 28 Validity of acts of Tribunal 5 Amendment of heading to Part 3A 6 Amendment of section 38A—Interpretation 7 Amendment of section 38B—Transfer of applications involving federal diversity jurisdiction to Magistrates Court 8 Amendment of section 38C—Magistrates Court proceedings, jurisdiction, powers and functions etc 9 Amendment of section 38I—Enforcement, variation or revocation of purported orders Schedule 1—Related amendments Part 1—Amendment of Housing Improvement Act 2016 1 Amendment of section 40—Special powers to make orders Part 2—Amendment of Residential Parks Act 2007 2 Amendment of section 117—Special powers to make orders Part 3—Amendment of Residential Tenancies Act 1995 3 Amendment of section 108B—Procedure Part 4—Amendment of Retirement Villages Act 2016 4 Amendment of section 46—Application to Tribunal

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the South Australian Civil and Administrative Tribunal (Miscellaneous) Amendment Act 2024. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of South Australian Civil and Administrative Tribunal Act 2013 3—Amendment of section 3—Interpretation Section 3(1), definition of legally qualified member—after paragraph (c) insert: or (d) another member of the Tribunal who— (i) — (A) holds a degree, diploma or other qualification in law from a tertiary institution in Australia; or (B) holds a degree, diploma or other qualification in law from a tertiary institution in a foreign country and is duly admitted and enrolled as a barrister and solicitor of the Supreme Court; and (ii) has at least 5 years relevant experience in a law‑related field; and (iii) is designated as a legally qualified member by the President; 4—Substitution of section 28 Section 28—delete the section and substitute: 28—Validity of acts of Tribunal An act or proceeding of the Tribunal is not invalid by reason only of— (a) a vacancy in the membership of, or a defect in the appointment of a person to, the Tribunal or a panel from which members of the Tribunal are drawn; or (b) a defect in the appointment of any other person to act on behalf of the Tribunal; or (c) the absence of, or a defect in, a designation of a member of the Tribunal as a legally qualified member by the President. 5—Amendment of heading to Part 3A Heading to Part 3A—delete "Diversity" and substitute: Federal jurisdiction 6—Amendment of section 38A—Interpretation (1) Section 38A(1), definition of federal diversity jurisdiction—delete the definition (2) Section 38A(1)—before the definition of rules of the Court insert: federal jurisdiction means jurisdiction of the kind referred to in section 75 or 76 of the Constitution of the Commonwealth; 7—Amendment of section 38B—Transfer of applications involving federal diversity jurisdiction to Magistrates Court (1) Section 38B, heading—delete "diversity" (2) Section 38B(2)(a)—delete "diversity" 8—Amendment of section 38C—Magistrates Court proceedings, jurisdiction, powers and functions etc Section 38C(3)—delete "diversity" 9—Amendment of section 38I—Enforcement, variation or revocation of purported orders Section 38I(5)—delete "diversity"