{"id":"south-australian-employment-tribunal-act-2014","name":"South Australian Employment Tribunal Act 2014","slug":"south-australian-employment-tribunal-act-2014","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110013,"registerId":"sa-south-australian-employment-tribunal-act-2014-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the South Australian Employment Tribunal Act 2014.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nappear, at a hearing, means to appear in person or participate in a way allowed under this Act or a relevant Act;\napplicant means the person who—\n\t(a)\tbrings a matter before the Tribunal; or\n\t(b)\trequests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal,\nexcept to the extent that the regulations or the rules otherwise provide;\nCommissioner means a person holding office as a Commissioner of the Tribunal;\ndecision, of a person or body (other than the Tribunal) under an Act includes a direction, determination or order of that person or body;\ndecision, of the Tribunal, includes a direction, determination or order of the Tribunal but, in prescribed circumstances, does not include an interlocutory direction, determination or order;\ndecision‑maker—see section 27(2);\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\nDeputy President means a Deputy President of the Tribunal;\nDistrict Court means the District Court of South Australia;\nevidentiary material includes any document, object or substance of evidentiary value in proceedings before the Tribunal and includes any other document, object or substance that should, in the opinion of the Tribunal, be produced for the purpose of enabling the Tribunal to determine whether or not it has evidentiary value;\nlegally qualified member means—\n\t(a)\ta Presidential member; or\n\t(b)\ta magistrate who is a member of the Tribunal; or\n\t(c)\tanother member of the Tribunal who is a legal practitioner of at least 5 years standing;\nMagistrates Court means the Magistrates Court of South Australia;\nmonetary order means an order of the Tribunal requiring the payment of money and includes—\n\t(a)\tan order made for the payment of a fine or other pecuniary penalty; and\n\t(b)\tan order as to the payment of any costs; and\n\t(c)\tan order for the payment of compensation for breach of an Act;\nPresident means the President of the Tribunal;\nPresidential member means the President or a Deputy President of the Tribunal;\nregistrar means the Registrar or a Deputy Registrar of the Tribunal;\nrelevant Act means an Act (including this Act) which confers jurisdiction on the Tribunal;\nrules means the rules of the Tribunal in force under this Act;\nTribunal means the South Australian Employment Tribunal established by this Act (including, if the context so permits, the Tribunal in Court Session—see section 5).\n\t(2)\tIf under a relevant Act a person's failure or omission to do something is reviewable under this Act as a decision—\n\t(a)\tthis Act applies as if that person had made that decision; and\n\t(b)\tany provision of the relevant Act as to when the decision is taken to have been made has effect.\n\t(3)\tThe members of the staff of the Tribunal are—\n\t(a)\tthe registrars; and\n\t(b)\tthe other members of staff appointed or made available for the purposes of the Tribunal under this Act.\n\t(4)\tThe officers of the Tribunal are—\n\t(a)\tthe registrars; and\n\t(b)\tmembers of the staff of the Tribunal who are designated as officers of the Tribunal by the Registrar of the Tribunal; and\n\t(c)\tother persons who are designated as officers of the Tribunal under this Act.\n4—Relevant Acts prevail\n\t(1)\tSubject to section 6AB, if there is an inconsistency between this Act and a relevant Act, the relevant Act prevails to the extent of the inconsistency.\n\t(2)\tSubsection (1) does not apply in relation to a rule made under section 92(1)(ka).\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"South Australian Employment Tribunal","content":"Part 2—South Australian Employment Tribunal\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Establishment of Tribunal","content":"Division 1—Establishment of Tribunal\n5—Establishment of Tribunal\n\t(1)\tThe South Australian Employment Tribunal is established.\n\t(2)\tThe Tribunal will have a part that is the Tribunal in Court Session and, as so established by force of this Act, is a court of record.\n\t(3)\tThe Tribunal in Court Session is to be the South Australian Employment Court.\n\t(4)\tThe Tribunal will also have a part that is the Tribunal acting as an industrial relations commission.\n6—Jurisdiction of Tribunal\n\t(1)\tSubject to this or any other Act, the Tribunal will have the jurisdiction (including the jurisdiction to try a charge for an offence) conferred on it by or under this or any other Act.\n\t(2)\tMatters within the jurisdiction of the Tribunal will be assigned to the South Australian Employment Court as follows:\n\t(a)\tan Act conferring jurisdiction on the Tribunal may specifically assign matters to the South Australian Employment Court;\n\t(b)\tthe rules may (unless to do so is inconsistent with a provision of a relevant Act) assign matters to the South Australian Employment Court;\n\t(c)\tthe jurisdiction to try a charge for an offence is assigned to the South Australian Employment Court.\n\t(2a)\tIf a matter is assigned to the South Australian Employment Court, the Court may direct, or an Act or the rules may provide, that the matter be the subject of a compulsory conference (within the meaning of section 43) in the part of the Tribunal that is acting as an industrial relations commission.\n\t(3)\tMatters within the jurisdiction of the Tribunal (and not assigned to the South Australian Employment Court) and dealt with by the Tribunal acting as an industrial relations commission do not need to be specifically assigned to such a commission.\nNote—\nThe Tribunal will also have any jurisdiction conferred on it under a law of the Commonwealth (and in such a case the procedural provisions of this Act will apply in relation to the conferred jurisdiction except to the extent such provisions are excluded by, or are otherwise inconsistent with, the Commonwealth law).\n6A—Conferral of jurisdiction—criminal matters\n\t(1)\tSubject to this section, the criminal jurisdiction of the South Australian Employment Court does not include jurisdiction in respect of major indictable offences.\n\t(2)\tIn addition to any jurisdiction conferred by or under another Act, the regulations may confer on the South Australian Employment Court jurisdiction in respect of a summary or minor indictable offence against a specified Act or statutory provision.\n\t(3)\tIf jurisdiction is conferred on the South Australian Employment Court under this or any other Act in respect of a summary or minor indictable offence, any proceedings for the offence must be commenced in the Court.\n\t(4)\tThe South Australian Employment Court will deal with a charge of a summary or minor indictable offence in the same way as the Magistrates Court deals with such a charge (and in accordance with the procedures that would apply if the Magistrates Court were dealing with such a charge) and the Summary Procedure Act 1921 (including the provisions of that Act allowing an award of costs for or against a party to criminal proceedings) applies to the South Australian Employment Court subject to any exclusions or modifications prescribed by the regulations as if references to the Magistrates Court extended to the South Australian Employment Court.\n\t(5)\tFor the avoidance of doubt, if a person charged with a minor indictable offence elects, in accordance with the Summary Procedure Act 1921, for a trial in a superior court, the South Australian Employment Court must commit the defendant for trial by jury in the District Court.\n\t(6)\tWhere proceedings for a minor indictable offence are dealt with by a magistrate of the South Australian Employment Court—\n\t(a)\tthe magistrate cannot impose a fine that exceeds the maximum fixed by the relevant Act or $1 500 000 (whichever is the lesser); and\n\t(b)\tthe magistrate cannot impose a sentence of imprisonment that exceeds the maximum fixed by the relevant Act or 5 years (whichever is the lesser).\n\t(7)\tIf a magistrate of the South Australian Employment Court is of the opinion in any particular case that a sentence should be imposed that exceeds the limit prescribed by subsection (6), the magistrate may remand the defendant to appear for sentence before a judge of the South Australian Employment Court.\n\t(8)\tIn the exercise of the criminal jurisdiction to which this section applies, summary proceedings will be heard by a Deputy President of the South Australian Employment Court who is also a magistrate unless the President determines that the proceedings should be heard by a judge of the Court.\n6AB—Diversity proceedings\n\t(1)\tDespite the provisions of this or any other Act, if—\n\t(a)\tthe determination of a matter that is within the jurisdiction of the Tribunal involves the exercise of federal diversity jurisdiction; or\n\t(b)\tthe determination of a matter would be within the jurisdiction of the Tribunal but for the fact that the exercise of the jurisdiction would involve the exercise of federal diversity jurisdiction,\nthen the jurisdiction must be exercised by the Tribunal sitting as the South Australian Employment Court.\n\t(2)\tIf, in proceedings before the Tribunal (other than the Tribunal sitting as the South Australian Employment Court), whether commenced before or after the commencement of this section, the Tribunal considers that the determination of the matter involves, or may involve, the exercise of federal diversity jurisdiction, the Tribunal must refer the proceedings to the South Australian Employment Court for determination.\n\t(3)\tA proceeding—\n\t(a)\tthat is before the South Australian Employment Court in the exercise of jurisdiction under subsection (1); or\n\t(b)\treferred to the South Australian Employment Court under subsection (2),\nis a diversity proceeding.\n\t(4)\tIf proceedings are referred to the South Australian Employment Court under subsection (2), the proceedings may be continued and completed, subject to the direction of the Court, as if steps taken in the proceedings prior to the referral had been taken in the Court.\n\t(5)\tIn respect of diversity proceedings under this section and despite anything to the contrary in a relevant Act—\n\t(a)\tthe South Australian Employment Court may not be constituted of supplementary panel members; and\n\t(b)\tin the case of proceedings referred to the Court under subsection (2) that prior to the referral involved 1 or more supplementary panel members, the proceedings may be continued and completed in the absence of the panel members.\n\t(6)\tThe South Australian Employment Court may, if the Court is satisfied that the matter does not involve the exercise of federal diversity jurisdiction—\n\t(a)\tremit the proceedings to the Tribunal as originally constituted; and\n\t(b)\tmake such orders that the Court considers appropriate to facilitate the determination of the proceedings.\n\t(7)\tThe South Australian Employment Court has, and may exercise, all of the jurisdiction, powers and functions in relation to diversity proceedings that the Tribunal (other than in Court Session) would have had if it could exercise federal diversity jurisdiction, including jurisdiction, powers and functions conferred or imposed on the Tribunal by or under this Act or a relevant Act.\n\t(8)\tThe practices and procedures under this Act (including the rules) or a relevant Act that apply to the Tribunal (other than in Court Session) will apply to the South Australian Employment Court in respect of diversity proceedings unless, and to such extent as, the Court determines otherwise.\n\t(9)\tThe amount specified in a purported monetary order made by the Tribunal may be recovered in the appropriate court (within the meaning of section 86) by the person in favour of whom the order was made as if it were a debt.\n\t(10)\tA person who contravenes or fails to comply with the terms of a purported order of the Tribunal (other than a purported monetary order) is guilty of an offence.\nMaximum penalty: $50 000 or imprisonment for 2 years.\n\t(11)\tIf a person seeks a variation or revocation of a purported order or purported monetary order, the person may apply to the South Australian Employment Court, and such a matter will be a diversity proceeding for the purposes of this section.\n\t(12)\tNo action undertaken, or purportedly undertaken, by a person pursuant to, or for the purposes of enforcing, a purported order or a purported monetary order, in good faith, gives rise to any liability against the person or the Crown.\n\t(13)\tIn this section, a reference to a purported order or a purported monetary order is a reference to an order purportedly made by the Tribunal other than in Court Session (whether before or after the commencement of this section) that is invalid because determination of the matter that gave rise to the order involved the exercise of federal diversity jurisdiction and that, on the commencement of this section, is to be made by the South Australian Employment Court.\n\t(14)\tThe provisions of this section prevail to the extent of any inconsistency between those provisions and any other provisions of this Act or any other Act.\n\t(15)\tIn this section—\nfederal diversity jurisdiction means jurisdiction of the kind referred to in section 75(iii) or (iv) of the Constitution of the Commonwealth.\n6B—Conferral of jurisdiction—related matters\n\t(1)\tWithout limiting any other provision, if a provision of an Act specifically enables an application to be made to the Tribunal, or a claim to be brought before the Tribunal, the Act will be taken to confer jurisdiction on the Tribunal to deal with the matter concerned.\n\t(2)\tWithout limiting any other provision, Divisions 6 and 7 provide for additional jurisdiction, powers and other matters relating to the conferral of jurisdiction on the Tribunal or the Tribunal in Court session.\n7—Tribunal to operate throughout State\n\t(1)\tThe Tribunal is to facilitate access to its services throughout the State and may sit at any place (either within or outside the State).\n\t(2)\tRegistries of the Tribunal will be at the places determined by the President after consultation with the Minister.\n7A—Seals\n\t(1)\tThe Tribunal will have such seals as are necessary for the transaction of its business.\n\t(2)\tThe Tribunal must have a seal for the South Australian Employment Court.\n\t(3)\tA document apparently sealed with a seal of the Tribunal (including with respect to the South Australian Employment Court) will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Tribunal.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Main objectives of Tribunal","content":"Division 2—Main objectives of Tribunal\n8—Main objectives of Tribunal\nThe main objectives of the Tribunal in dealing with matters within its jurisdiction are—\n\t(a)\tin the exercise of its jurisdiction, to promote the best principles of decision‑making, including—\n\t(i)\tindependence in decision‑making; and\n\t(ii)\tnatural justice and procedural fairness; and\n\t(iii)\thigh‑quality, consistent decision‑making; and\n\t(iv)\ttransparency and accountability in the exercise of statutory functions, powers and duties; and\n\t(b)\tto be accessible by being easy to find and easy to access, and to be responsive to parties, especially people with special needs; and\n\t(c)\tto ensure that applications are processed and resolved as quickly as possible while achieving a just outcome, including by resolving disputes through high‑quality processes and the use of mediation and alternative dispute resolution procedures wherever appropriate; and\n\t(d)\tto keep costs to parties involved in proceedings before the Tribunal to a minimum insofar as is just and appropriate; and\n\t(e)\tto use straightforward language and procedures (including, insofar as is reasonably practicable and appropriate, by using simple and standardised forms); and\n\t(f)\tto act with as little formality and technicality as possible, including by informing itself in such manner as the Tribunal thinks fit; and\n\t(g)\tto be flexible in the way in which the Tribunal conducts its business and to adjust its procedures to best fit the circumstances of a particular case or a particular jurisdiction.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Members of Tribunal","content":"Division 3—Members of Tribunal\n","sortOrder":4},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"The members","content":"Subdivision 1—The members\n9—The members\nThe members of the Tribunal are—\n\t(a)\tthe President; and\n\t(b)\tthe Deputy Presidents; and\n\t(c)\tthe magistrates who are designated as members of the Tribunal under this Act; and\n\t(d)\tthe Commissioners; and\n\t(e)\tthe supplementary panel members.\n","sortOrder":5},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"The President","content":"Subdivision 2—The President\n10—Appointment of President\n\t(1)\tThe President of the Tribunal will be a judge of the District Court appointed by the Governor, by proclamation, to be the President of the Tribunal.\n\t(2)\tThe President of the Tribunal will, by virtue of holding that office, have the same rank, title, status and precedence as a judge of the Supreme Court.\n\t(3)\tFurthermore, the appointment of a judge of the District Court as President of the Tribunal does not affect—\n\t(a)\tthe judge's tenure of office or status as a judge; or\n\t(b)\tthe payment of the judge's salary or allowances as a judge (subject to the operation of subsection (7)); or\n\t(c)\tthe ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the District Court); or\n\t(d)\tany other right or privilege that the judge has as a judge.\n\t(4)\tService in the office of President of the Tribunal is taken, for all purposes, to constitute service as a judge of the District Court.\n\t(5)\tSubject to subsections (3) and (4), an appointment may be subject to conditions determined by the Governor.\n\t(6)\tWithout limiting subsection (5), the Remuneration Tribunal may determine that the President's salary or allowances as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).\n\t(7)\tAny salary or allowances payable as an additional component of remuneration under subsection (6) cannot be reduced during the person's term of office as President.\n\t(8)\tA person ceases to be the President of the Tribunal if—\n\t(a)\tthe person ceases to be a judge of the District Court; or\n\t(b)\tthe person, with the approval of the Governor, resigns as President by written notice to the Attorney‑General; or\n\t(c)\tthe person dies.\n\t(9)\tNothing under subsection (8)(b) affects the person's tenure or status as a judge.\n\t(10)\tBefore the Governor makes a proclamation under this section, the Attorney‑General must consult with the Chief Justice and the Chief Judge.\n11—President's functions generally\n\t(1)\tThe President of the Tribunal has the functions conferred on the President under this Act or any other Act.\n\t(2)\tThe functions of the President include—\n\t(a)\tparticipating as a member of the Tribunal; and\n\t(b)\thaving primary responsibility for the administration of the Tribunal; and\n\t(c)\tmanaging the business of the Tribunal, including by ensuring that the Tribunal operates efficiently and effectively and continually improves the way in which it carries out its functions; and\n\t(d)\tproviding leadership and guidance to the Tribunal and engendering cohesiveness and collaboration amongst the members and staff of the Tribunal; and\n\t(e)\tgiving directions about the practices and procedures to be followed by the Tribunal; and\n\t(f)\tdeveloping and implementing performance standards and setting benchmarks for the Tribunal; and\n\t(g)\tbeing responsible for promoting the training, education and professional development of members of the Tribunal; and\n\t(h)\toverseeing the proper use of the resources of the Tribunal; and\n\t(i)\tproviding advice about—\n\t(i)\tthe membership of the Tribunal; and\n\t(ii)\tthe operations and activities of the Tribunal.\n\t(3)\tThe President may do all things necessary or convenient to be done in the performance of the President's functions.\n\t(4)\tIn the performance of the President's functions, the President is not subject to direction or control by the Minister.\n12—Acting President\n\t(1)\tIf there is a vacancy in the office of President or the President is absent or for any other reason is unable to perform the functions of office, the Governor may, by proclamation, appoint a person to act as President of the Tribunal.\n\t(2)\tThe Governor may only appoint—\n\t(a)\ta Deputy President; or\n\t(b)\ta judge of the District Court,\nto act as President.\n\t(3)\tA person appointed to act as President—\n\t(a)\thas all the functions of the President; and\n\t(b)\tis taken to be the President for all purposes related to this Act or a relevant Act.\n\t(4)\tA person appointed to act as President is, for the period of his or her appointment, entitled to be paid additional salary and allowances to ensure that his or her salary and allowances equal the salary and allowances payable to a President of the Tribunal.\n\t(5)\tThe Governor may, by further proclamation—\n\t(a)\textend or renew an appointment under this section; or\n\t(b)\trevoke an appointment under this section.\n\t(6)\tUntil an appointment is made under subsection (1) (or unless such an appointment is made) the most senior Deputy President who is also a judge of the District Court will be taken to hold an appointment to act as the President of the Tribunal.\n","sortOrder":6},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"The Deputy Presidents","content":"Subdivision 3—The Deputy Presidents\n12A—Number of Deputy Presidents\nThere will be at least 2 Deputy Presidents of the Tribunal.\n13—Appointment of Deputy Presidents\n\t(1)\tA Deputy President will be—\n\t(a)\ta judge of the District Court appointed by the Governor, by proclamation, to be a Deputy President of the Tribunal; or\n\t(b)\ta magistrate appointed by the Governor, by proclamation, to be a Deputy President of the Tribunal.\n\t(2)\tThe appointment of a judge of the District Court as a Deputy President of the Tribunal under subsection (1)(a) does not affect—\n\t(a)\tthe judge's tenure of office or status as a judge; or\n\t(b)\tthe payment of the judge's salary or allowances as a judge (subject to the operation of subsection (5)); or\n\t(c)\tthe ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the District Court); or\n\t(d)\tany other right or privilege that the judge has as a judge of the District Court.\n\t(3)\tService in the office of Deputy President of the Tribunal by a judge of the District Court is taken, for all purposes, to constitute service as a judge of that Court.\n\t(4)\tSubject to subsections (2) and (3), an appointment under subsection (1)(a) may be subject to conditions determined by the Governor.\n\t(5)\tWithout limiting subsection (4), in the case of an appointment under subsection (1)(a), the Remuneration Tribunal may determine that a Deputy President's salary or allowance as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).\n\t(6)\tAny salary or allowances payable as an additional component of remuneration under subsection (5) cannot be reduced during the person's term of office as a Deputy President of the Tribunal.\n\t(7)\tThe appointment of a magistrate as a Deputy President of the Tribunal under subsection (1)(b) does not affect—\n\t(a)\tthe magistrate's tenure of office or status as a magistrate; or\n\t(b)\tthe payment of the magistrate's salary or allowances as a magistrate (subject to the operation of subsection (10)); or\n\t(c)\tthe ability of the person to do anything in the person's capacity as a magistrate; or\n\t(d)\tany other right or privilege that the magistrate has by virtue of the office of magistrate.\n\t(8)\tService in the office of Deputy President of the Tribunal by a magistrate is taken, for all purposes, to constitute service as a magistrate.\n\t(9)\tSubject to subsections (7) and (8), an appointment under subsection (1)(b) may be subject to conditions determined by the Governor.\n\t(10)\tWithout limiting subsection (9), in the case of an appointment under subsection (1)(b), the Remuneration Tribunal may determine that a Deputy President's salary or allowance as a magistrate will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).\n\t(11)\tA person ceases to be a Deputy President of the Tribunal if—\n\t(a)\tin the case of an appointment under subsection (1)(a)—the person ceases to be a judge of the District Court; or\n\t(b)\tin the case of an appointment under subsection (1)(b)—the person ceases to be a magistrate; or\n\t(c)\tthe person resigns as Deputy President by written notice to the Attorney‑General; or\n\t(d)\tthe person dies.\n\t(12)\tNothing in subsection (11)(c) affects a person's tenure or status as a judge (in the case of an appointment under subsection (1)(a)) or as a magistrate (in the case of an appointment under subsection (1)(b)).\n\t(13)\tBefore the Governor makes a proclamation under this section, the Attorney‑General must consult with—\n\t(a)\tthe Chief Justice; and\n\t(ab)\tthe President; and\n\t(b)\tin the case of an appointment under subsection (1)(a)—the Chief Judge; and\n\t(c)\tin the case of an appointment under subsection (1)(b)—the Chief Magistrate.\n14—Deputy President's functions generally\n\t(1)\tA Deputy President of the Tribunal has the functions conferred on the Deputy President under this Act or any other Act.\n\t(2)\tThe functions of a Deputy President include—\n\t(a)\tparticipating as a member of the Tribunal; and\n\t(b)\tassisting the President in the management of the business of the Tribunal; and\n\t(c)\tassisting the President in managing the members of the Tribunal, including in connection with the training, education and professional development of members of the Tribunal; and\n\t(d)\tother functions assigned by the President.\n\t(3)\tA Deputy President may do all things necessary or convenient to be done in the performance of the Deputy President's functions.\n\t(4)\tA Deputy President is subject to the direction of the President in performing the Deputy President's functions, other than adjudicating in the Tribunal.\n","sortOrder":7},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Magistrates","content":"Subdivision 4—Magistrates\n15—Magistrates\n\t(1)\tAny magistrate holding office under the Magistrates Act 1983 who is designated by the Governor, by proclamation, as a member of the Tribunal on a recommendation of the Attorney‑General will (while he or she continues to hold office as a magistrate) be a member of the Tribunal.\n\t(2)\tThe Attorney‑General must consult with the President of the Tribunal and the Chief Magistrate before making a recommendation under subsection (1).\n\t(3)\tA magistrate appointed under this section will act as a full‑time, part‑time or sessional member of the Tribunal under an arrangement established by the President and the Chief Magistrate (being an arrangement that may be varied from time to time).\n\t(4)\tThe designation of a magistrate under this section does not affect—\n\t(a)\tthe magistrate's tenure of office or status as a magistrate; or\n\t(b)\tthe payment of the magistrate's salary or allowances as a magistrate; or\n\t(c)\tthe ability of the person from doing anything in the person's capacity as a magistrate; or\n\t(d)\tany other right or privilege that the magistrate has as a magistrate.\n","sortOrder":8},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Commissioners","content":"Subdivision 5—Commissioners\n16—Appointment of Commissioners\n\t(1)\tThe Governor may, on the recommendation of the Minister, appoint a person as a Commissioner.\n\t(2)\tThe Minister may from time to time appoint a panel of persons who will, at the request of the Minister—\n\t(a)\tafter consultation with the President, recommend the selection criteria for Commissioners;\n\t(b)\tassess a candidate or candidates for appointment as a Commissioner (and, as appropriate, to provide advice to the Minister for the purposes of subsection (1)).\n\t(3)\tA person is eligible for appointment as a Commissioner only if the person—\n\t(a)\tis a legal practitioner of at least 5 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State); or\n\t(b)\thas, in the Minister's opinion, extensive knowledge, expertise or experience relating to a class of matter for which functions may be exercised by the Tribunal.\n\t(4)\tIn recommending persons for appointment as Commissioners, the Minister must have regard to—\n\t(a)\tany criteria applying under subsection (2)(a); and\n\t(b)\tany advice provided under subsection (2)(b); and\n\t(c)\tthe following:\n\t(i)\tthe need for balanced gender representation in the membership of the Tribunal;\n\t(ii)\tthe need for the membership of the Tribunal to reflect social and cultural diversity;\n\t(iii)\tthe range of knowledge, expertise and experience required within the membership of the Tribunal.\n\t(5)\tThe Minister must consult with the President of the Tribunal before making a recommendation under subsection (1).\n\t(6)\tA Commissioner will be appointed for a term of office, not exceeding 5 years, specified in the instrument of appointment.\n\t(7)\tA person appointed as a Commissioner is eligible for reappointment at the expiration of a term of office (and without the need for seeking advice from a panel established under subsection (2)).\n\t(8)\tA Commissioner is appointed on conditions specified in the instrument of appointment.\n\t(9)\tA Commissioner may be appointed on a full‑time, part‑time or sessional basis (and this may be altered from time to time with the agreement of the Minister).\n\t(10)\tA Commissioner—\n\t(a)\tmust advise the President of the Tribunal of the nature of any paid employment or professional work undertaken outside his or her duties as a member of the Tribunal; and\n\t(b)\tmust not engage in any such employment or work if the President informs the member that, in the President's opinion, to do so would or may conflict with the proper performance of the member's duties of office.\n\t(11)\tThe Minister must consult with the President about—\n\t(a)\tthe conditions of an appointment under subsection (8); and\n\t(b)\tthe basis of an appointment under subsection (9).\n17—Commissioner ceasing to hold office and suspension\n\t(1)\tThe Governor may, on the recommendation of the Minister, remove a Commissioner from office for—\n\t(a)\tmisconduct; or\n\t(c)\tincompetence; or\n\t(d)\tincapacity to carry out official duties satisfactorily.\n\t(2)\tA person ceases to be a Commissioner if the person—\n\t(d)\tceases to satisfy any qualification by virtue of which the person was eligible for appointment to the Tribunal; or\n\t(e)\tis removed from office under subsection (1).\n\t(3)\tThe Minister must consult with the President before making a recommendation under subsection (1).\n\t(4)\tThe President may, on his or her own initiative or at the request of the Minister, suspend a Commissioner from office if it appears that there may be grounds for the removal of the Commissioner from the Commissioner's office.\n\t(5)\tIf a Commissioner who is appointed on a full‑time or part‑time basis is suspended under subsection (4), the Commissioner remains entitled to the Commissioner's usual remuneration and allowances during the period of suspension.\n18—Supplementary Commissioners\n\t(1)\tThe Minister may, at the request or with the agreement of the President of the Tribunal, temporarily appoint a person to act as a supplementary Commissioner in relation to a particular matter or matters or for a specified period.\n\t(2)\tThe Minister may only appoint a person under this section if he or she is eligible for appointment as a Commissioner.\n\t(3)\tAn appointment under this section must be made in writing.\n\t(4)\tThe person may act as a member of the Tribunal in relation to a matter, or for the period, for which the person is appointed, and when acting under the appointment the person is to be regarded as a Commissioner for the purposes of this Act and any relevant Act (and the other provisions of this Subdivision apply with any necessary modifications in relation to a person appointed under this section).\n\t(5)\tA person appointed under this section is, for the period of appointment, entitled to be paid any salary or allowances determined by the Minister after consultation with the President of the Tribunal.\n\t(6)\tA person appointed under this section for a particular period may be appointed to act for a further period by the Minister after consultation with the President of the Tribunal.\n\t(7)\tThe Governor may at any time, on the recommendation of the Minister, cancel the appointment of a person under this section.\n\t(8)\tBefore the Governor acts under subsection (7), the Minister must consult with the President of the Tribunal (unless the Minister is acting at the request of the President).\n","sortOrder":9},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Supplementary panel members","content":"Division 3A—Supplementary panel members\n18A—Supplementary panel members\n\t(1)\tThere will be such panels of supplementary panel members as may be necessary for the purposes of any relevant Act.\n\t(2)\tA supplementary panel member will be appointed by the Governor on the recommendation of the Minister responsible for the administration of this Act in consultation with the Minister responsible for the administration of the relevant Act (unless otherwise provided by the relevant Act).\n\t(3)\tA supplementary panel member will be appointed for a term of office, not exceeding 5 years, specified in the instrument of appointment and is eligible for reappointment at the expiration of a term of office.\n\t(4)\tA supplementary panel member is appointed on conditions specified in the instrument of appointment.\n\t(5)\tA supplementary panel member will sit on a sessional basis.\n\t(6)\tSubject to the conditions of appointment, a supplementary panel member may perform work outside the Tribunal.\n\t(7)\tThe Governor may, on the recommendation of the Minister responsible for the administration of this Act after consultation with the Minister responsible for the administration of the relevant Act, remove a supplementary panel member from office for—\n\t(a)\tmisconduct; or\n\t(c)\tincompetence; or\n\t(d)\tincapacity to carry out official duties satisfactorily.\n\t(8)\tA person ceases to be a supplementary panel member if the person—\n\t(d)\tceases to satisfy any qualification by virtue of which the person was eligible for appointment to the panel; or\n\t(e)\tis removed from office under subsection (7).\n\t(9)\tThe Governor may make appointments from time to time for the purpose of maintaining or increasing the membership of panels established under this section.\n","sortOrder":10},{"sectionNumber":"Div 4","sectionType":"division","heading":"Constitution of Tribunal and its decision‑making processes","content":"Division 4—Constitution of Tribunal and its decision‑making processes\n19—Constitution of Tribunal\n\t(1)\tSubject to this section, the President may determine, in relation to a particular matter or matters, or particular classes of matters, which member or members of the Tribunal will constitute the Tribunal.\n\t(1a)\tThe Tribunal sitting as the South Australian Employment Court may only be constituted by members of the Tribunal who are also judges or magistrates (sitting alone or in any combination as the President thinks fit).\n\t(2)\tThe Tribunal is not to be constituted by more than 3 members.\n\t(3)\tA Full Bench of the Tribunal consists of—\n\t(a)\twhen sitting as the South Australian Employment Court—3 Presidential members; or\n\t(b)\twhen acting as an industrial relations commission—3 members of which at least 1 must be a Presidential member.\n\t(4)\tThe President may, as he or she thinks fit—\n\t(a)\talter who is to constitute the Tribunal for the purpose of dealing with a matter, or anything relating to a matter, and the Tribunal as constituted after the alteration can have regard to any record of the proceedings of the Tribunal in relation to the matter before the alteration or any evidence taken in the proceedings before the alteration;\n\t(b)\tprovide that different aspects of the same matter may be dealt with by different members of the Tribunal, and the members of the Tribunal may then come together and have regard to any evidence taken by the respective members of the Tribunal for the purposes of the proceedings of the Tribunal.\n\t(4a)\tIf a member of the Tribunal who is not a Presidential member is to constitute the Tribunal, or is to be a member of a Full Bench of the Tribunal, for the purpose of dealing with any matter, the President must be satisfied that the member has appropriate knowledge, expertise, or experience relating to that class of matter.\n\t(5)\tIn addition, the Tribunal may be constituted of—\n\t(a)\ta registrar for the purpose of adjourning proceedings; or\n\t(b)\ta registrar or other member of the staff of the Tribunal for any other purpose specified by this Act or a relevant Act, prescribed by the rules of the Tribunal, or determined by the President.\n\t(5a)\tIn addition, a member of the Tribunal (not being a judge or magistrate), or a registrar or other member of the staff of the Tribunal, may assist with the business of the South Australian Employment Court to the extent that it may be appropriate to do so.\n\t(6)\tThe Tribunal may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.\n\t(7)\tThe Tribunal may, if it considers it appropriate to do so, organise its business and regulate proceedings before the Tribunal in such a way that 2 or more proceedings in respect of the same matter are heard together.\n\t(8)\tWhere a registrar or other member of the staff of the Tribunal exercises the jurisdiction of the Tribunal, the registrar or other member of the staff may, and must if the Tribunal or the President of the Tribunal so directs, refer the matter to the Tribunal for determination by the Tribunal.\n\t(9)\tIf a provision of this Act and the provisions of a relevant Act deal with the manner in which the Tribunal is to be constituted for the purposes of proceedings or any other business under a relevant Act, this section applies subject to those provisions of the relevant Act.\n20—Who presides at proceedings of Tribunal\n\t(1)\tIf, for dealing with a particular matter, the Tribunal is constituted by 2 or more members, the most senior of them is to preside at the proceedings of the Tribunal.\n\t(2)\tThe seniority of members of the Tribunal depends on which of the offices held takes precedence and, if that does not determine a member's seniority, the matter is to be resolved by the President of the Tribunal.\n\t(3)\tThe order of precedence of offices is as follows:\n\t(a)\tPresident;\n\t(b)\tDeputy President;\n\t(c)\tmagistrate;\n\t(d)\tCommissioner;\n\t(e)\tsupplementary panel member.\n21—Decision if 2 or more members constitute Tribunal\nIf the Tribunal is constituted by 2 or more members, a question they are required to decide is resolved, unless section 22 applies, according to the opinion of the majority of them but, if their opinions on the question are equally divided, the question is to be resolved according to the opinion of the presiding member.\n22—Determination of questions of law\n\t(1)\tThe member of the Tribunal constituting the Tribunal or, if the Tribunal is constituted by 2 or more members, the presiding member, may refer a question of law to a Full Bench of the South Australian Employment Court.\n\t(2)\tIf a question of law is referred under this section—\n\t(a)\tthe question is decided by the Tribunal according to the opinion of the Full Bench of the South Australian Employment Court; or\n\t(b)\tthe Full Bench may refer the question to the Court of Appeal for determination.\n\t(3)\tIf a Full Bench of the Court decides a question of law under subsection (2), the Full Bench may, in addition—\n\t(a)\tdecide any other questions remaining between the parties; and\n\t(b)\tmake such orders that are necessary to dispose of the matter.\n","sortOrder":11},{"sectionNumber":"Div 5","sectionType":"division","heading":"Related matters","content":"Division 5—Related matters\n24—Validity of acts of Tribunal\nAn act or proceeding of the Tribunal is not invalid by reason only of 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 a defect in the appointment of any other person to act on behalf of the Tribunal.\n25—Disclosure of interest by members of Tribunal\nIf the Tribunal is constituted of, or includes, a member who has a pecuniary or other interest that could conflict with the proper performance of the member's functions in proceedings before the Tribunal, the member—\n\t(a)\tmust disclose the interest to the parties to the proceedings and to the President of the Tribunal; and\n\t(b)\tmust not take part in the proceedings or exercise powers affecting the proceedings—\n\t(i)\tif the President directs the member to withdraw from the proceedings; or\n\t(ii)\tif a party to the proceedings does not consent to the member hearing and determining, or participating in the hearing and determination of, the proceedings.\n26—Delegation\n\t(1)\tThe President of the Tribunal may delegate a function or power of the President under this or any other Act—\n\t(a)\tto another member of the Tribunal; or\n\t(b)\tto a member of the staff of the Tribunal; or\n\t(c)\tto the person (being either a member of the Tribunal or a member of the staff of the Tribunal) for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA delegation under subsection (1)—\n\t(a)\tmust be made by instrument in writing; and\n\t(b)\tmay be conditional; and\n\t(c)\tdoes not derogate from the ability of the President to act in any matter; and\n\t(d)\tis revocable at will by the President.\n","sortOrder":12},{"sectionNumber":"Div 6","sectionType":"division","heading":"Additional provisions relating to jurisdiction","content":"Division 6—Additional provisions relating to jurisdiction\n26A—Declaratory judgments\nWithout limiting any specific jurisdiction to make declaratory judgments conferred by another Act, the South Australian Employment Court may, on matters within its jurisdiction, make binding declarations of right whether or not any consequential relief is or could be claimed.\n26B—Other provisions relating to civil jurisdiction of Court\nWithout limiting any other provision of this Act, the South Australian Employment Court may, in exercising any jurisdiction that is in the nature of a civil jurisdiction, exercise any power under Part 6 of the District Court Act 1991, subject to any exclusions or modifications prescribed by the regulations as if references to the District Court extended to the South Australian Employment Court.\n26C—Binding nature of decisions\nWithout limiting any other provision of this Act, any decision or determination of the South Australian Employment Court is binding and authoritative in nature and binds the parties to the relevant matter by its own force.\n","sortOrder":13},{"sectionNumber":"Div 7","sectionType":"division","heading":"Additional provisions relating to jurisdiction under Return to Work Act 2014","content":"Division 7—Additional provisions relating to jurisdiction under Return to Work Act 2014\n26D—Civil jurisdiction under Return to Work Act 2014\n\t(1)\tThe South Australian Employment Court has exclusive jurisdiction to hear and determine an action for damages to which Part 5 of the Return to Work Act 2014 applies.\n\t(2)\tProceedings for any tortfeasor liable in respect of damages to which Part 5 of the Return to Work Act 2014 applies to recover contribution from any other tortfeasor liable in respect of those damages may be brought before the Tribunal and dealt with by the South Australian Employment Court.\n\t(3)\tIf a cause of action giving rise to proceedings brought under subsection (1) or (2) also gives rise to a claim in respect of some other matter, the claim may be included in those proceedings even though it does not relate to proceedings for damages within the scope of section 71(1) of the Return to Work Act 2014.\n\t(4)\tAny matter that is ancillary or related to a matter that is the subject of proceedings brought under a preceding subsection may also be included in those proceedings.\n\t(5)\tIn connection with the operation of this section, a reference to a court in a prescribed provision will be taken to be a reference to the South Australian Employment Court.\n\t(6)\tIn this section—\nprescribed provision means any of the following provisions of the Return to Work Act 2014:\n\t(a)\tsection 22;\n\t(b)\tPart 5;\n\t(c)\tPart 8.\n26E—Rights of action and recovery against third parties\n\t(1)\tA reference in section 66 of the Return to Work Act 2014 to the District Court of South Australia will be taken to include a reference to the Tribunal.\n\t(2)\tThe jurisdiction of the Tribunal by virtue of the operation of subsection (1) is assigned to the South Australian Employment Court.\n\t(3)\tAn action to recover an excess under section 66(9) of the Return to Work Act 2014 may be brought in the South Australian Employment Court (or in any other court of competent jurisdiction).\n26F—Review jurisdiction under Return to Work Act 2014\nA reference in section 103 of the Return to Work Act 2014 to Part 3 of this Act will be taken to be a reference to Division 1 of that Part.\n26G—Injuries that develop gradually\n\t(1)\tA reference in section 188 of the Return to Work Act 2014 to the Industrial Relations Court of South Australia will be taken to be a reference to the Tribunal.\n\t(2)\tThe jurisdiction of the Tribunal by virtue of the operation of subsection (1) is assigned to the South Australian Employment Court.\n26H—Criminal jurisdiction\nThe South Australian Employment Court is conferred with jurisdiction to try a charge for an offence against the Return to Work Act 2014.\n26I—Appeals\nAn appeal from a decision of the Tribunal under the Return to Work Act 2014 (other than in the exercise of its criminal jurisdiction) will be limited to a question of law.\n","sortOrder":14},{"sectionNumber":"Div 8","sectionType":"division","heading":"Additional provisions relating to jurisdiction under Workers Compensation Act 1971","content":"Division 8—Additional provisions relating to jurisdiction under Workers Compensation Act 1971\n26IA—Additional provisions relating to jurisdiction under Workers Compensation Act 1971\n\t(1)\tThe purpose of this section is, in consequence of—\n\t(a)\tthe continued application of the Workers Compensation Act 1971¹ under Schedule 9 clause 59(1) of the Return to Work Act 2014; and\n\t(b)\tthe dissolution of the Industrial Relations Court under section 69 of the Statutes Amendment (South Australian Employment Tribunal) Act 2016,\nto confer on the Tribunal the same jurisdiction under the Workers Compensation Act 1971 that was previously conferred on the Industrial Relations Court.\nNote—\n¹ The Workers Compensation Act 1971 was repealed by the Workers Rehabilitation and Compensation Act 1986.\n\t(2)\tThe Workers Compensation Act 1971 is to be read—\n\t(a)\tas if a reference in that Act to the \"Court\" were a reference to the Tribunal; and\n\t(b)\tas if reference in that Act to a \"Judge\" were a reference to a Presidential member of the Tribunal who is a District Court judge; and\n\t(c)\tas if a reference in that Act to the \"Registrar\" were a reference to a registrar of the Tribunal; and\n\t(d)\tas if a reference in that Act to an \"Industrial magistrate\" were a reference to a Presidential member of the Tribunal who is a magistrate; and\n\t(e)\tas if a reference in that Act to the \"Rules\" were a reference to the Rules of the Tribunal; and\n\t(f)\tas if a reference in that Act to the \"Regulations\" were a reference to regulations under this Act; and\n\t(g)\tas if a reference in that Act to the \"Full Industrial Relations Court\" were a reference to the Full Bench of the Tribunal in Court Session.\n\t(3)\tThe jurisdiction of the Tribunal by virtue of the operation of subsection (2) is assigned to the South Australian Employment Court.\n","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exercise of jurisdiction","content":"Part 3—Exercise of jurisdiction\nDivision 1—Review jurisdiction\n26J—Application of Division\n\t(1)\tThis Division applies if—\n\t(a)\tthe Tribunal is dealing with a matter that involves the review of a decision made under an Act (including in a case that constitutes an appeal under a relevant Act); or\n\t(b)\ta relevant Act provides for the Tribunal to deal with a matter under this Division; or\n\t(c)\tthe rules apply this Division to a matter within the jurisdiction of the Tribunal.\n\t(2)\tSubsection (1)(a) does not apply in any circumstances prescribed by the regulations.\n27—General nature of proceedings\n\t(1)\tSubject to a relevant Act, a matter under this Division will be dealt with by the Tribunal as a review of the decision that constitutes the matter.\n\t(2)\tWhere the review of a decision is to be undertaken, the person or body that made or is taken to have made the decision is the decision‑maker for the purposes of these provisions.\n\t(3)\tSubject to subsections (4), (5) and (6), the Tribunal will examine the decision of the decision‑maker by way of rehearing.\n\t(4)\tOn a rehearing, the Tribunal must reach the correct or preferable decision but in doing so must have regard to the decision of the original decision‑maker.\n\t(5)\tA procedure on a rehearing will include—\n\t(a)\tan examination of the evidence or material before the decision‑maker (unless any such evidence or material is to be excluded under another provision of this Act or under any other law); and\n\t(b)\ta consideration of any further evidence or material that the Tribunal decides, in the circumstances of the particular case, to admit for the purposes of rehearing the matter.\n\t(6)\tIn dealing with a matter under this Division, the Tribunal is to deal with the matter in accordance with this Act and any relevant Act.\n\t(7)\tFurthermore, a relevant Act may modify the operation of this Act in relation to a matter that comes within the exercise of the Tribunal's jurisdiction under this Division.\n28—Decision‑maker must assist Tribunal\n\t(1)\tIn proceedings for a review of a decision, the decision‑maker must use his or her best endeavours to help the Tribunal so that it can make its decision on the review.\n\t(2)\tWithout limiting subsection (1), the decision‑maker must provide the following to the Tribunal within a reasonable period and in any event within the time prescribed by the regulations:\n\t(a)\ta written statement of the reasons for the decision;\n\t(b)\tany document or thing in the decision‑maker's possession or control that may be relevant to the Tribunal's review of the decision.\n\t(3)\tThe decision‑maker must, in providing any document or thing under subsection (2), take reasonable steps to identify the documents or things that were taken into account in making the relevant decision.\n\t(4)\tIf the Tribunal considers that there are additional documents or things in the decision‑maker's possession or control that may be relevant to the Tribunal's review of the reviewable decision, the Tribunal may, by written notice, require the decision‑maker to provide the documents or things.\n\t(5)\tIf the Tribunal considers the statement of reasons given under subsection (2)(a) is not adequate, the Tribunal may, by written notice, require the decision‑maker to give the Tribunal an additional statement containing stated further particulars.\n\t(6)\tThe decision‑maker must comply with a notice given under subsection (4) or (5) within the period stated in the notice.\n\t(7)\tA requirement under this section that the decision‑maker give the Tribunal information or a document or thing applies despite any provision in another Act prohibiting or restricting the disclosure of the information or the information contained in the document or thing.\n\t(8)\tThe Tribunal may examine any document or thing provided under this section and draw any conclusions of fact it considers proper.\n29—Effect of review proceedings on decision being reviewed\n\t(1)\tThe commencement of proceedings for a review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision unless—\n\t(a)\tthe relevant Act states otherwise; or\n\t(b)\tan order is made under subsection (2).\n\t(2)\tOn or after the commencement of proceedings for a review of a decision, the Tribunal or the decision‑maker may, on application or on its own initiative, make an order staying or varying the operation or the implementation of the whole or a part of the decision pending the determination of the matter, or until such time (whether before or after the determination of the matter) as the Tribunal or the decision‑maker may specify, if the Tribunal, or the decision‑maker, is satisfied that it is just and reasonable in the circumstances to make the order.\n\t(3)\tAn order by the Tribunal or the decision‑maker under this section—\n\t(a)\tis subject to such conditions as are specified in the order; and\n\t(b)\tmay be varied or revoked—\n\t(i)\tin any case—by further order of the Tribunal; or\n\t(ii)\tif the order was made by the decision‑maker—by further order by the decision‑maker or the Tribunal.\n30—Decision on review\n\t(1)\tThe Tribunal may, on a review of a decision—\n\t(a)\taffirm the decision that is being reviewed; or\n\t(b)\tvary the decision that is being reviewed; or\n\t(c)\tset aside the decision being reviewed and—\n\t(i)\tsubstitute its own decision; or\n\t(ii)\tsend the matter back to the decision‑maker for reconsideration in accordance with any directions or recommendations that the Tribunal considers appropriate,\nand, in any case, may make any order the Tribunal considers appropriate (including any interim order pending the reconsideration and determination of the matter by the decision‑maker, or any ancillary or consequential order, that the Tribunal considers appropriate).\n\t(2)\tThe fact that a decision is made on reconsideration under subsection (1)(c)(ii) does not prevent the decision from being open to review by the Tribunal.\n\t(3)\tThe decision‑maker's decision as affirmed or varied by the Tribunal or a decision that the Tribunal substitutes for the decision‑maker's decision—\n\t(a)\tis to be regarded as, and given effect as, a decision of the decision‑maker; and\n\t(b)\tunless the relevant Act states otherwise or the Tribunal orders otherwise, is to be regarded as having effect, from the time when the decision reviewed would have, or would have had, effect.\n\t(4)\tWithout limiting subsection (3)(a), the decision‑maker has power to do anything necessary to implement the Tribunal's decision.\n\t(5)\tDespite subsection (3)(a), the decision as affirmed, varied or substituted is not again open to review before the Tribunal as a decision of the decision‑maker (but may be subject to appeal under this Act).\n31—Tribunal may invite decision‑maker to reconsider decision\n\t(1)\tAt any stage of proceedings for the review of a decision, the Tribunal may invite the decision‑maker to reconsider the decision.\n\t(2)\tOn being invited by the Tribunal to reconsider the decision, the decision‑maker may—\n\t(a)\taffirm the decision; or\n\t(b)\tvary the decision; or\n\t(c)\tset aside the decision and substitute a new decision.\n\t(3)\tIf the decision‑maker varies the decision or sets it aside and substitutes a new decision, unless the proceedings for a review are withdrawn, the proceedings will then be taken to be for—\n\t(a)\tthe review of the decision as varied; or\n\t(b)\tthe review of the substituted decision.\n\t(4)\tThe Tribunal may specify a period within which the decision‑maker should act under this section (and if the decision‑maker does not take action within that period then the Tribunal may resume its proceedings under this Part in such manner as it thinks fit).\nDivision 2—Application of Division\n31A—Application of Division\n\t(1)\tThis Division applies in cases where Division 1 does not apply.\n\t(2)\tSubject to a relevant Act, a matter under this Division will, depending on the nature of the matter, be dealt with by the Tribunal—\n\t(a)\tacting as the original decision-maker in the matter (and according to those principles which, according to law, are to be applied to bodies that make such decisions according to statute); or\n\t(b)\tresolving a dispute between the parties to the relevant proceedings (according to law and including, if appropriate, by giving a judgment, making a declaration or providing any other remedy); or\n\t(c)\tadopting any other course of action and providing any other relief, decision or determination that the Tribunal considers appropriate to deal with the matter.\n\t(3)\tIn dealing with a matter under this Division, the Tribunal is to deal with the matter in accordance with this Act and any relevant Act.\n\t(4)\tFurthermore, a relevant Act may modify the operation of this Act in relation to a matter that comes within the exercise of the Tribunal's jurisdiction under this Division.\n","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principles, powers and procedures","content":"Part 4—Principles, powers and procedures\nDivision 1—Principles governing hearings\n32—Principles governing hearings\n\t(1)\tOn the hearing of any proceedings, but subject to the provisions of a relevant Act—\n\t(a)\tthe procedure of the Tribunal will, subject to this Act, be conducted with the minimum of formality; and\n\t(b)\tthe Tribunal is not bound by the rules of evidence, may adopt, as in its discretion it considers appropriate, any findings, decision or judgment of a court or other tribunal (insofar as may be relevant to the proceedings before the Tribunal), and may otherwise inform itself as it thinks fit; and\n\t(c)\tthe Tribunal must act according to equity, good conscience and the substantial merits of the case and without regard to legal technicalities and forms.\n\t(1a)\tHowever, the rules of evidence and other formal procedures of a court of record apply to the South Australian Employment Court to the extent that the Court considers it necessary or appropriate and the Tribunal (in the exercise of any jurisdiction) may give directions about any question of evidence.\n\t(2)\tNothing in this Act affects any rule or principle of law relating to—\n\t(a)\tlegal professional privilege; or\n\t(b)\t\"without prejudice\" privilege; or\n\t(c)\tpublic interest immunity.\n\t(3)\tThis section does not limit the operation of section 64.\nDivision 2—Evidentiary powers\n33—Power to require person to give evidence or to produce evidentiary material\n\t(1)\tThe Tribunal may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Tribunal at a specified time and place to give evidence or to produce evidentiary material (or both).\n\t(2)\tA summons to produce evidentiary material may, instead of providing for production of the material before the Tribunal, provide for production of the material to an officer of the Tribunal, or to any person nominated in the summons.\n\t(3)\tThe Tribunal may—\n\t(a)\tretain any document, object or substance produced before it for such reasonable period as it thinks fit, and make copies of any document; and\n\t(b)\trequire a person to make an oath or affirmation (which may be administered by any member or officer of the Tribunal) to answer truthfully questions put by any member of the Tribunal or any person appearing before the Tribunal; and\n\t(c)\trequire any person to answer any questions put by any member of the Tribunal or any person appearing before the Tribunal that are determined by the Tribunal to be relevant to the proceedings before the Tribunal.\n\t(4)\tA person who is called to give evidence or to produce evidentiary material before the Tribunal and—\n\t(a)\trefuses or fails to make an oath or affirmation when required to do so under this section; or\n\t(b)\trefuses or fails without reasonable excuse to produce evidentiary material that the person is required by the Tribunal to produce; or\n\t(c)\trefuses or fails without reasonable excuse to appear before the Tribunal in response to a summons; or\n\t(d)\trefuses or fails without reasonable excuse to give evidence before the Tribunal or otherwise refuses or fails without reasonable excuse to answer any question put in proceedings before the Tribunal or otherwise required under this Act; or\n\t(e)\tgives false or misleading evidence to the Tribunal; or\n\t(f)\tmisbehaves before the Tribunal, wilfully insults the Tribunal or 1 or more members or officers of the Tribunal in the exercise of official duties, or wilfully interrupts the proceedings of the Tribunal,\nis guilty of an offence.\nMaximum penalty: $25 000 or imprisonment for 1 year.\n\t(5)\tA summons under this section may be issued on behalf of the Tribunal by—\n\t(a)\tany member of the Tribunal; or\n\t(b)\ta registrar; or\n\t(c)\tany other officer authorised under the rules or by the President of the Tribunal to issue such summonses.\n34—Entry and inspection\n\t(1)\tA member of the Tribunal may enter any land, building, structure, ship or vessel and carry out any inspection that the Tribunal considers relevant to any proceedings before the Tribunal.\n\t(2)\tA member of the Tribunal may authorise an officer of the Tribunal, or any other specified person, to enter any land, building, structure, ship or vessel and carry out an inspection that the member considers relevant to any proceedings before the Tribunal.\n\t(3)\tA person who obstructs a member of the Tribunal, or a person authorised by the Tribunal, in the exercise of a power of entry or inspection under this section is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 6 months.\n35—Expert reports\n\t(1)\tThe Tribunal may refer any question arising in any proceedings for investigation and report by an expert in the relevant field.\n\t(2)\tThe Tribunal must seek submissions from the parties to the proceedings before making a reference under this section.\n\t(3)\tA person to whom a question is referred under this section becomes an officer of the Tribunal and may exercise such powers of the Tribunal as the Tribunal delegates.\n\t(4)\tThe Tribunal may adopt a report obtained under this section in whole or in part (or may reject it).\n\t(5)\tAny action taken under subsection (4) does not prevent the Tribunal from making a further reference to an expert.\n\t(6)\tThe Tribunal may order a party to pay or contribute to the costs of an expert's investigation and report under this section.\nDivision 3—Procedures\n36—Practice and procedure generally\n\t(1)\tThe Tribunal is to take measures that are reasonably practicable—\n\t(a)\tto ensure that the parties to any proceedings have a reasonable opportunity to understand the nature of the matter under consideration; and\n\t(b)\tto ensure that the parties to any proceedings understand the nature of any assertions made in the proceedings and the legal implications of those assertions; and\n\t(c)\tto explain to the parties, if requested to do so, any aspect of the procedure of the Tribunal, or any decision or ruling made by the Tribunal; and\n\t(d)\tto ensure that the parties have the opportunity in any proceedings to be heard or otherwise have their submissions received.\n\t(2)\tThe Tribunal—\n\t(a)\tis to take all practicable steps to ensure that all relevant material is disclosed to the Tribunal so as to enable it to determine all the relevant facts in issue in any proceedings; and\n\t(b)\tmay require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument; and\n\t(c)\tmay limit the time available for presenting the respective cases of parties before it at a hearing to an extent that it considers would not impede the fair and adequate presentation of the cases; and\n\t(d)\tmay require a document to be served outside the State; and\n\t(e)\tmay adjourn any proceedings at any time and to any place (including for the purpose of enabling the parties to negotiate a settlement or for the purpose of reconsideration of a decision by the decision‑maker); and\n\t(f)\tmay proceed to hear and determine proceedings in the absence of a party.\n\t(3)\tTo the extent that the practice or procedure of the Tribunal is not prescribed by or under this Act or a relevant Act, it is to be as the Tribunal determines.\n37—Directions for conduct of proceedings\n\t(1)\tThe Tribunal may give directions at any time in any proceedings and do whatever is necessary for the speedy and fair conduct of the proceedings.\n\t(2)\tThe Tribunal may give directions on its own initiative or at the request of a party.\n\t(3)\tA directions hearing may be held for the purposes of this section before any other hearing in any proceedings.\n\t(4)\tThe Tribunal may give a direction requiring a party to produce a document or other material, or to provide information, to the Tribunal or another party.\n38—Consolidating and splitting proceedings\n\t(1)\tThe Tribunal may direct that 2 or more proceedings that concern the same or related facts or circumstances—\n\t(a)\tbe consolidated into 1 proceeding; or\n\t(b)\tremain as separate proceedings but be heard and determined together.\n\t(2)\tIf proceedings are consolidated, evidence given in the consolidated proceedings is admissible in relation to matters involved in either of the proceedings that were consolidated.\n\t(3)\tThe Tribunal may direct—\n\t(a)\tthat any aspect of any proceedings be heard and determined separately;\n\t(b)\tthat proceedings commenced by 2 or more persons jointly be split into separate proceedings.\n39—More appropriate forum\nThe Tribunal may, at any time, make an order striking out all, or any part, of any proceedings if it considers that the matter, or any aspect of it, would be more appropriately dealt with by another tribunal, a court, or any other person.\n40—Dismissing proceedings on withdrawal or for want of prosecution\n\t(1)\tThe applicant in any proceedings may withdraw or agree to the withdrawal of the proceedings or a part of the proceedings.\n\t(2)\tUnless otherwise provided by the rules, an applicant can only act under subsection (1) with the leave of the Tribunal.\n\t(3)\tThe Tribunal may make an order dismissing or striking out all, or any part, of any proceedings if the applicant withdraws or agrees to the withdrawal of the proceedings or that part of it.\n\t(4)\tAt any time, the Tribunal may make an order dismissing or striking out all, or any part, of any proceedings for want of prosecution.\n\t(5)\tThe Tribunal's power to make an order under subsection (4) is exercisable only by a legally qualified member of the Tribunal.\n\t(6)\tThe Tribunal may make an order under this section on the application of a party or on its own initiative.\n41—Frivolous, vexatious or improper proceedings\n\t(1)\tThis section applies if the Tribunal believes that a proceeding—\n\t(a)\tis frivolous, vexatious, misconceived or lacking in substance or involves a trivial matter or amount; or\n\t(b)\tis being used for an improper purpose; or\n\t(c)\tis otherwise an abuse of process.\n\t(2)\tIf this section applies, the Tribunal may order that the proceeding be dismissed or struck out and may make any related or ancillary order.\n\t(3)\tThe Tribunal may act under subsection (2) on the application of a party or on its own initiative.\n\t(4)\tIf a proceeding is dismissed or struck out under this section, another proceeding of the same kind in relation to the same matter cannot be commenced before the Tribunal without the leave of a Presidential member.\n42—Proceedings being conducted to cause disadvantage\n\t(1)\tThis section applies if the Tribunal believes that a party to any proceedings is conducting the proceedings in a way that unnecessarily disadvantages another party to the proceedings by conduct such as—\n\t(a)\tfailing to comply with an order or direction of the Tribunal without reasonable cause; or\n\t(b)\tfailing to comply with this Act or a relevant Act; or\n\t(c)\tasking for an adjournment the need for which is attributable to a failure described in paragraph (a) or (b); or\n\t(d)\tattempting to deceive another party or the Tribunal; or\n\t(e)\tvexatiously conducting the proceedings; or\n\t(f)\tfailing to attend any hearing in the proceedings.\n\t(2)\tIf this section applies, the Tribunal may—\n\t(a)\tif the party causing the disadvantage is the applicant, order that the proceedings be dismissed or struck out; and\n\t(b)\tif the party causing the disadvantage is not the applicant—\n\t(i)\tdetermine the proceedings in favour of the applicant and make any appropriate orders; or\n\t(ii)\torder that the party causing the disadvantage be struck out of the proceedings.\n\t(3)\tThe Tribunal may act under subsection (2) on the application of a party or on its own initiative.\n\t(4)\tIf any proceedings are dismissed or struck out under this section, another proceeding of the same kind in relation to the same matter cannot be commenced before the Tribunal without the leave of a Presidential member.\nDivision 4—Conferences, mediation and settlement\nSubdivision 1—Conferences\n43—Compulsory conciliation conferences\n\t(1)\tThe Tribunal may, at an initial directions hearing or at any other time, require parties to any proceedings to attend a compulsory conciliation conference (a compulsory conference).\n\t(2)\tThe Tribunal must, if so required by the rules or a relevant Act, require parties to attend a compulsory conference.\n\t(3)\tHowever, subject to a relevant Act, the Tribunal may dispense with a conference in prescribed circumstances.\n\t(4)\tA conference must be commenced within the time fixed by the rules.\n\t(5)\tThe purpose of a compulsory conference is to identify, clarify and narrow the issues in the proceedings and to promote the resolution of the matters by a settlement between the parties.\n\t(5a)\tThe parties to a compulsory conference must ensure, so far as is reasonably practicable, that the conference is attended by persons with sufficient decision‑making authority to fully participate in settlement discussions.\n\t(6)\tA compulsory conference may, at the discretion of the member of the Tribunal presiding at the conference, be adjourned or reconvened from time to time.\n\t(7)\tHowever—\n\t(a)\tproceedings constituting a compulsory conference under the Return to Work Act 2014 should not run over a period exceeding 10 weeks; and\n\t(b)\tif the rules fix a period of time in relation to proceedings constituting a compulsory conference under another relevant Act, those proceedings should not run over a period exceeding the period so fixed,\nunless the member of the Tribunal presiding at the conference is satisfied that an extension of time is justified on the basis that there is a substantial likelihood the proceedings will resolve by settlement if the extension occurs.\n\t(8)\tIf the period in which proceedings constituting a compulsory conference are conducted is extended in accordance with subsection (7), the member of the Tribunal presiding at the conference must notify the parties in writing of the decision to extend the period.\n\t(9)\tUnless the member of the Tribunal presiding at the conference directs otherwise, a compulsory conference is to be held in private.\n\t(10)\tSubject to this section and except to the extent to which the rules may specify the procedure for a compulsory conference, the member of the Tribunal presiding at a compulsory conference may determine the procedure for the conference.\n\t(11)\tThe member of the Tribunal presiding at a compulsory conference may—\n\t(a)\trequire a party to the proceedings to furnish particulars of his or her case;\n\t(b)\tdetermine who, apart from the parties to the proceedings (and their representatives), may be present at the conference;\n\t(c)\tsubject to subsection (15), record any settlement reached at a conference and make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to a settlement;\n\t(ca)\tenlarge the scope of the proceedings in accordance with section 65;\n\t(d)\ton his or her own initiative, close the conference at any time if, in his or her opinion, settlement cannot be reached;\n\t(e)\tadvise the Tribunal if the conference does not reach a settlement within a reasonable time;\n\t(f)\tpermit a party to withdraw from the proceedings (and make any consequential order that is appropriate in the circumstances);\n\t(g)\tdetermine a matter against any party who obstructs or delays the conference, fails to attend the conference, or fails to comply with a rule or order of the Tribunal and, in so doing, make any order as the member of the Tribunal thinks fit (including an order as to costs);\n\t(h)\tdo such other things as the rules of the Tribunal so provide.\n\t(12)\tDespite section 22, the member of the Tribunal presiding at a compulsory conference may not refer a question of law to a Full Bench of the Tribunal.\n\t(13)\tIf settlement of a matter is not reached at a compulsory conference, the member of the Tribunal presiding at the conference—\n\t(a)\tmust give to the parties an assessment of the merits of the party's case; and\n\t(b)\tmust seek to recommend ways to resolve any matter in dispute.\n\t(14)\tEvidence of anything said or done in the course of a compulsory conference under this section is inadmissible in proceedings before the Tribunal except by consent of all parties to the proceedings.\n\t(15)\tThe member of the Tribunal presiding at a compulsory conference—\n\t(a)\tmust not accept a settlement that appears to be inconsistent with a relevant Act (but he or she may adjourn the proceedings to enable the parties to explore the possibility of varying the settlement to comply with a relevant Act); and\n\t(b)\tmay decline to accept a settlement on the basis that the settlement may materially prejudice any person who was not represented at the conference but who has a direct or material interest in the matter.\n\t(16)\tIf the member of the Tribunal presiding at a conference is unable to continue with the conference, another member of the Tribunal may be appointed to continue and complete the conference.\n\t(17)\tUnless all parties to the proceedings agree to his or her continued participation, the member of the Tribunal who presided at the conference is disqualified from sitting as a member of the Tribunal for the purpose of hearing and determining the matter.\n\t(18)\tA registrar is expressly authorised to constitute the Tribunal for the purposes of this section.\n\t(19)\tThe rules may set out circumstances where the outcome of any proceedings under this section (including details of a settlement) are to be available to members of the public.\n44—Referral of matters for hearing and determination\nIf a compulsory conciliation conference under this Subdivision does not result in an agreed settlement of the matter, the member of the Tribunal presiding at the conference must (unless a relevant Act provides otherwise) refer the matter for hearing and determination.\n45—Pre‑hearing conferences\n\t(1)\tBefore the Tribunal proceeds with the hearing of a matter, a pre‑hearing conference must be held before a Presidential member of the Tribunal.\n\t(2)\tThe Presidential member presiding at the conference—\n\t(a)\tmust—\n\t(i)\tmake an assessment of the matter; and\n\t(ii)\tfor the purpose of making the assessment—\n\t(A)\tinquire into and consider the steps taken, and the steps that should be taken, to explore, or further explore, possible settlement of the matter (including referral of the matter to a Presidential member of the Tribunal for mediation); and\n\t(B)\tseek to identify and narrow the issues in dispute; and\n\t(b)\tmay give such directions or orders as he or she considers appropriate.\n\t(3)\tThis section applies to and in relation to—\n\t(a)\tproceedings under the Return to Work Act 2014; and\n\t(b)\tany other proceedings prescribed by the regulations.\nSubdivision 2—Mediation\n46—Mediation\n\t(1)\tThe Tribunal may, at an initial directions hearing, a compulsory conciliation conference or at any other time, refer the matter, or any aspect of the matter, for mediation by a person specified as a mediator by the Tribunal.\n\t(2)\tThe person specified as a mediator must be a person who has been approved by the President of the Tribunal to act as a mediator.\n\t(3)\tThe referral may be made with or without the consent of the parties.\n\t(4)\tThe purpose of a mediation is to achieve the resolution of the matters by a settlement between the parties or, if a settlement is not achievable through this process, to further refine or narrow the issues in dispute.\n\t(5)\tThe rules may specify how notice of the mediation is to be given, how the mediation is to be conducted, and the fees to be paid by a party to the mediation.\n\t(6)\tUnless the mediator directs otherwise, the mediation is to be held in private.\n\t(7)\tSubject to this section and except to the extent to which the rules may specify the procedure for a mediation, the mediator may determine the procedure for the mediation.\n\t(8)\tIf the mediator is a member of the Tribunal and a settlement is reached at the mediation, the mediator may reduce the terms of the settlement to writing and make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to the settlement.\n\t(9)\tIf a settlement is not reached at the mediation or the mediator is not a member of the Tribunal, the mediator is to report on the outcome of the mediation to the Tribunal as constituted when it made the referral.\n\t(10)\tAny settlement under this section—\n\t(a)\tmust not be inconsistent with a relevant Act; and\n\t(b)\tmay be rejected by the Tribunal on the basis that the settlement may materially prejudice any person who has not participated in the mediation but who has a direct or material interest in the matter.\n\t(11)\tEvidence of anything said or done in the course of a mediation under this section is inadmissible in proceedings before the Tribunal except by consent of all parties to the proceedings.\n\t(12)\tIf the mediator is a member of the Tribunal, the member cannot take any further part in dealing with the proceedings after the mediation, unless all parties to the proceedings agree to his or her continued participation.\n\t(13)\tThe rules may set out circumstances where the outcome of any proceedings under this section (including details of a settlement) are to be available to members of the public.\nSubdivision 3—Settling proceedings\n47—Settling proceedings\n\t(1)\tThe Tribunal may itself endeavour to achieve a negotiated settlement of a matter before the Tribunal.\n\t(2)\tIf the parties agree in writing to settle a matter before the Tribunal, the Tribunal may make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to the settlement.\n\t(3)\tA settlement under this section must not be inconsistent with a relevant Act and the Tribunal may reject a settlement under subsection (2) on the basis that the settlement may materially prejudice any person who is not a party to the settlement but who has a direct or material interest in the matter or that the terms of the settlement are inappropriate.\nDivision 5—Parties\n48—Parties\n\t(1)\tA person is a party to proceedings before the Tribunal if the person is—\n\t(a)\tthe applicant; or\n\t(b)\tin the case of proceedings involving the review of a decision—the decision‑maker; or\n\t(c)\twithout limiting a preceding paragraph, a respondent to an application before the Tribunal, a person against whom a claim is made by proceedings brought before the Tribunal, or a party to a dispute before the Tribunal; or\n\t(d)\ta person joined in the proceedings by order of the Tribunal; or\n\t(e)\ta person lawfully intervening in the proceedings; or\n\t(f)\ta person specified by another provision of this Act or a relevant Act to be a party to the proceedings.\n\t(2)\tSubsection (1) applies subject to any provision or exclusion made by the rules of the Tribunal.\n\t(3)\tIn any proceedings where a decision‑maker is a party, the official description rather than the personal name of the decision‑maker is to be used so far as is practicable.\n49—Joinder of parties etc\n\t(1)\tThe Tribunal may order that a person be joined as a party to proceedings before the Tribunal if the Tribunal considers that—\n\t(a)\tthe person should be bound by, or have the benefit of, a decision of the Tribunal in the proceedings; or\n\t(b)\tthe person's interests are affected by the proceedings; or\n\t(c)\tfor any other reason it is desirable that the person be joined as a party.\n\t(1a)\tThe Tribunal may order that a person who is a party to proceedings before the Tribunal be removed as a party if the Tribunal considers that the person has no proper interest in the proceedings.\n\t(1b)\tThe Tribunal may order that notice of proceedings be given to specified persons or in a specified way.\n\t(2)\tThe Tribunal may make an order under this section—\n\t(a)\ton the application of any person or on its own initiative; and\n\t(b)\twithout notice to the person to whom the order relates.\n50—Intervening\n\t(1)\tThe Attorney‑General may, on behalf of the State, intervene in any proceedings before the Tribunal at any time.\n\t(2)\tThe Tribunal may give leave at any time for any other person to intervene in proceedings before the Tribunal on conditions, if any, that the Tribunal thinks fit.\nDivision 6—Representation\n51—Representation\n\t(1)\tA party to proceedings before the Tribunal is entitled to appear (subject to the provisions of a relevant Act)—\n\t(a)\tpersonally; or\n\t(b)\tby counsel; or\n\t(c)\twith the leave of the Tribunal and subject to the rules—by other representative.\n\t(1a)\tIf jurisdiction is conferred on the Tribunal under the Fair Work Act 2009 of the Commonwealth, a party to proceedings before the Tribunal under that Act is entitled (subject to that Act or any other relevant Commonwealth law), without leave, to be represented by—\n\t(a)\tan officer or employee of an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth acting in the course of their office or employment with that organisation; or\n\t(b)\ta registered agent under the Fair Work Act 1994.\n\t(2)\tUnless otherwise determined by the Tribunal, a person appearing before the Tribunal may be assisted by another person as a friend.\n\t(3)\tA person may not act as a representative in proceedings before the Tribunal if—\n\t(a)\tthe person is a legal practitioner whose practising certificate has been suspended; or\n\t(b)\tthe person's name has been struck off the roll of legal practitioners; or\n\t(c)\tthe person would be acting in any other manner that is inconsistent with disciplinary proceedings that have been taken under the Legal Practitioners Act 1981.\n\t(4)\tIf, in accordance with a relevant Act, a person who is not a legal practitioner (the representative) is entitled to appear in proceedings before the Tribunal as a representative of a party (the first party), evidence is not to be adduced in proceedings and material is not required to be disclosed to another party in proceedings if, on objection by the first party, the Tribunal finds that—\n\t(a)\tadducing the evidence or disclosing the material would result in the disclosure of—\n\t(i)\ta confidential communication between the first party and the representative; or\n\t(ii)\tthe contents of a confidential document prepared by the representative; and\n\t(b)\tthe communication or document was for the dominant purpose of—\n\t(i)\tproviding advice to the first party; or\n\t(ii)\tpreparing for or conducting a proceeding, or anticipated proceeding,\nin relation to a matter in which the representative would be entitled to appear before the Tribunal in accordance with a relevant Act.\nDivision 7—Costs\n52—Costs\n\t(1)\tSubject to this Act or a relevant Act, parties bear their own costs in any proceedings before the Tribunal (other than proceedings assigned to the South Australian Employment Court to which section 26B applies).\n\t(2)\tIf the Tribunal makes an order for the payment of costs and does not fix the amount of costs, that amount is to be assessed and settled in accordance with the rules.\n53—Costs—related matters\n\t(1)\tAny power of the Tribunal under this Act or a relevant Act to make an order for the payment by a party of the costs of another party includes the power to make an order for the payment of an amount to compensate the other party for any expenses or loss resulting from any proceedings or matter.\n\t(2)\tWithout limiting anything else that may be considered in making an order for the payment by a party of the costs of another party, where the matter that is the subject of any proceedings comes within the Tribunal's review jurisdiction, the Tribunal is to have regard to—\n\t(a)\twhether the party genuinely attempted to enable and assist the decision‑maker to make a decision on its merits;\n\t(b)\twhether the party (being the decision‑maker) genuinely attempted to make a decision on its merits.\n\t(3)\tThe rules may deal with the effect of certain offers to settle, and the response, if any, to the offer, on the making of an order for the payment by a party of the costs of another party.\n\t(4)\tThe Tribunal may order that the representative of a party, rather than the party, in the representative's own capacity compensate that or any other party for costs incurred because the representative acted in, or delayed, any proceedings in a way that resulted in unnecessary costs.\nDivision 8—Other procedural and related provisions\n54—Sittings\nThe Tribunal will sit at such times and places as the President of the Tribunal may direct (including at different places at the same time).\n55—Hearings in public\n\t(1)\tSubject to this or any other Act, proceedings before the Tribunal must be heard in public.\n\t(2)\tThe Tribunal may, where it is satisfied that it is desirable to do so—\n\t(a)\tin the interest of justice; or\n\t(b)\tby reason of the confidential nature of the evidence to be given before the Tribunal; or\n\t(c)\tin order to expedite proceedings of the Tribunal; or\n\t(d)\tfor any other reason that the Tribunal thinks sufficient,\ngive directions—\n\t(e)\trequiring that a hearing, or part of a hearing, be held in private; or\n\t(f)\tprohibiting or restricting the publication of the name and address of a witness appearing before the Tribunal; or\n\t(g)\tprohibiting or restricting the publication of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or\n\t(h)\tprohibiting or restricting the disclosure to some or all of the parties to proceedings before the Tribunal of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or\n\t(i)\texcluding any person from the hearing before the Tribunal of any part of the proceedings.\n\t(3)\tA person must comply with a direction of the Tribunal under subsection (2).\nMaximum penalty: $10 000.\n56—Preserving subject matter of proceedings\n\t(1)\tThe Tribunal may, on such terms as appear just, make any order that may be necessary to preserve the subject matter of proceedings, or to otherwise protect the interests of a party, until questions arising in the proceedings have been finally determined.\n\t(2)\tThe Tribunal's power to make an order under subsection (1) is exercisable by—\n\t(a)\ta Presidential member of the Tribunal; or\n\t(b)\tany other legally qualified member of the Tribunal who is authorised by the President of the Tribunal to make orders under this section.\n\t(3)\tThe Tribunal may make the order on the application of a party or on its own initiative.\n\t(4)\tAn order may be made under this section whether or not a person whose interests may be affected—\n\t(a)\tis a party; or\n\t(b)\thas been given an opportunity to be heard.\n\t(5)\tAn order may be made under this section—\n\t(a)\tfor a specified period; or\n\t(b)\tuntil a specified event or stage in the proceedings.\n\t(6)\tIn making an order under this section, the Tribunal—\n\t(a)\tmay require an undertaking as to costs or damages as it considers appropriate; and\n\t(b)\tmay provide for the revocation of the order if specified conditions are met.\n\t(7)\tThe Tribunal may assess any costs or damages referred to in subsection (6)(a) and any amount so assessed is recoverable as a debt in a court of competent jurisdiction.\n\t(8)\tThe rules may place conditions on the Tribunal's power to make an order under this section.\n\t(9)\tThe Tribunal's power under this section is in addition to, and does not limit, any power of the Tribunal under a relevant Act to make an order in the nature of an injunction or interim injunction.\n57—Security as to costs etc\n\t(1)\tThe Tribunal may order a party to proceedings before the Tribunal to give security for the payment of costs or to give an undertaking as to the payment of other monetary amounts that may be awarded against the party.\n\t(2)\tThe security referred to in subsection (1) will be of such amount, and given at such time and in such manner and form, as the Tribunal directs.\n\t(3)\tThe Tribunal may reduce or increase the amount of security ordered under subsection (1) to be given and may vary the time at which, or the manner or form in which, the security is to be given.\n\t(4)\tIf security, or further security, or an undertaking, is not given in accordance with an order under this section, the Tribunal may order that the proceedings be dismissed (with costs), or that a determination (with costs) be made against the party.\n\t(5)\tThe provisions of this section relating to security, or the giving of an undertaking, do not affect the operation of any provision made by or under a relevant Act or by the rules for or in relation to the furnishing of security, the giving of an undertaking or the imposition of costs.\n\t(6)\tA member of the Tribunal who is not a legally qualified member of the Tribunal may not make an order under this section except with the concurrence of a legally qualified member.\n58—Interlocutory orders\nThe Tribunal has power, in relation to matters within its jurisdiction, to make interlocutory orders.\n59—Conditional, alternative and ancillary orders and directions\n\t(1)\tThe Tribunal may make orders and give directions on conditions the Tribunal considers appropriate.\n\t(2)\tThe Tribunal may make orders in the alternative so that a particular order takes effect, or does not take effect, according to whether stipulated conditions are complied with.\n\t(3)\tThe Tribunal may, when making an ancillary order, provide that a decision of the Tribunal is to be implemented by a person who is not a party to the relevant proceedings.\n60—Special referees\n\t(1)\tThe Tribunal may refer any question arising in any proceedings to a special referee for the special referee—\n\t(a)\tto decide the question; or\n\t(b)\tto give his or her opinion in relation to it.\n\t(2)\tThe Tribunal may adopt a special referee's decision or opinion, in whole or in part, or reject it.\n61—Relief from time limits\n\t(1)\tThe rules may provide for the Tribunal to extend or abridge a time limit for doing anything in connection with any proceedings, or the commencement of any proceedings, even though the limit is imposed under this Act or a relevant Act.\n\t(2)\tThe extension—\n\t(a)\tmay be authorised even though the time for complying has passed; and\n\t(b)\tmay be given on conditions specified by the Tribunal.\n62—Electronic hearings and proceedings without hearings\n\t(1)\tIf the Tribunal thinks it appropriate, it may allow the parties and their representatives and any witnesses (or 1 or more of them) to participate in a hearing in any proceedings by means of telephone, video link, or any other system or method of communication.\n\t(2)\tIf the Tribunal thinks it appropriate, it may conduct all or part of any proceedings entirely on the basis of documents without the parties or their representatives or any witnesses attending or participating in a hearing.\n\t(3)\tIf the Tribunal acts under this section, the Tribunal is to take steps to ensure that the public has access to, or is precluded from access to, matters disclosed in the proceedings to the same extent as if the proceedings had been heard before the Tribunal with the attendance in person of all persons involved in the proceedings.\n63—Completion of part‑heard matters\nA person who ceases to hold office as a member of the Tribunal (other than on account of having his or her appointment revoked or being removed from office) may nevertheless continue to act in the relevant office for the purpose of completing the hearing and determination of proceedings part‑heard by the person when he or she ceased to hold that office.\n64—Other claims of privilege\n\t(1)\tA person is excused from answering a question or producing a document or other material in any proceedings if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court.\n\t(2)\tThe Tribunal may require a person to produce a document or other material to it for the purpose of determining whether or not it is a document or material that the Tribunal has power to compel the person to produce.\n65—Power to enlarge scope\n\t(1)\tThe Tribunal may enlarge the scope of proceedings to include questions that are not presently at issue in the proceedings—\n\t(a)\tin the case of proceedings under the Return to Work Act 2014—if, on application and after giving all parties an opportunity to be heard, the Tribunal is satisfied it is in the interests of justice that a question should be determined as part of the proceedings; or\n\t(b)\tin any case—with the consent of all parties to the proceedings.\n\t(2)\tIn considering whether it is in the interests of justice that a question should be determined as part of the proceedings under subsection (1)(a), the Tribunal must have regard to the principle that all issues in dispute between the parties should be heard and determined in the same proceeding insofar as is just and appropriate.\n","sortOrder":17},{"sectionNumber":"Part 5","sectionType":"part","heading":"Review and appeals","content":"Part 5—Review and appeals\nDivision 1—Review and appeals\n66—Internal review\n\t(1)\tA decision of the Tribunal constituted of—\n\t(a)\ta Commissioner; or\n\t(b)\ta magistrate (not being a Presidential member); or\n\t(c)\t2 or 3 members (but not including a Presidential member),\nmay, on application under the rules, be reviewed under this section.\n\t(1a)\tThe regulations may exclude or modify the application of subsection (1) insofar as it applies to prescribed classes of decisions under a relevant Act (subject to any provision made by a relevant Act).\n\t(1b)\tAn application for review must be instituted within 1 month of the making of the decision to which the application relates but the Tribunal may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the application should be instituted within that period (even if the time for instituting the application has expired).\n\t(1c)\tThe President may determine, in relation to a particular matter, or particular class of matters, how the Tribunal will be constituted for the purposes of a review under this section.\n\t(1d)\tOn a review, the Tribunal will examine the decision of the Tribunal at first instance on the evidence or material before the Tribunal at that time but the Tribunal may, as it thinks fit, allow further evidence or material to be presented to it.\n\t(1e)\tThe Tribunal must, in acting under this section, reach the correct or preferable decision but in so doing must have regard to, and give appropriate weight to, the decision of the Tribunal at first instance.\n\t(2)\tThe Tribunal may, on a review under this section—\n\t(a)\taffirm the decision that is being reviewed; or\n\t(b)\tvary the decision that is being reviewed; or\n\t(c)\tset aside the decision being reviewed and—\n\t(i)\tsubstitute a new decision; or\n\t(ii)\tsend the matter back for reconsideration in accordance with any directions or recommendations as the Tribunal acting on review considers appropriate.\n67—Appeals\n\t(1)\tSubject to this section and to any provision of a relevant Act as to the review of, or appeal against, a decision of the Tribunal, an appeal lies against a decision of the Tribunal, other than a decision of a Full Bench, to a Full Bench of the South Australian Employment Court.\n\t(2)\tThe regulations may exclude or modify the application of subsection (1) insofar as the subsection applies to prescribed classes of decisions under a relevant Act (subject to any provision made by a relevant Act).\n\t(3)\tAn appeal under this section will be by way of rehearing.\n\t(4)\tThe Full Bench conducting the appeal may draw inferences of fact from evidence or other material before the Tribunal and may, as it thinks fit, allow further evidence or material to be presented to it.\n\t(5)\tThe Full Bench conducting the appeal may—\n\t(a)\taffirm the decision appealed against; or\n\t(b)\tvary the decision appealed against; or\n\t(c)\tset aside the decision appealed against and, if it thinks fit, return the matter to the Tribunal for reconsideration in accordance with any directions that the Full Bench considers appropriate.\n\t(6)\tA Full Bench may, on an appeal, make any interim, ancillary or consequential order that the Full Bench considers appropriate (but may only make an order for costs if this Act, or a relevant Act, specifically provides for the making of such an order).\n68—Final appeal to Court of Appeal\n\t(1)\tSubject to subsection (2), an appeal lies on a question of law against a decision of the Full Bench of the Tribunal (including a Full Bench of the South Australian Employment Court) to the Court of Appeal.\n\t(2)\tAn appeal cannot be commenced under this section except with the permission of the Court of Appeal.\n\t(3)\tOn an appeal to the Court of Appeal under this section, the Court of Appeal may—\n\t(a)\tdecide the question of law;\n\t(b)\trefer the matter back to the Tribunal (or the South Australian Employment Court) with directions the Court of Appeal considers appropriate;\n\t(c)\tmake consequential or related orders (including orders for costs).\nDivision 2—Related matters\n69—Effect of appeal on decision\n\t(1)\tThe commencement of proceedings under this Part does not affect the operation of a decision to which the proceedings relate or prevent the taking of action to implement such a decision.\n\t(2)\tHowever, the Tribunal or the relevant court may make an order staying the operation of a relevant decision (including a decision of a relevant decision‑maker) until the proceedings are finally decided (on such conditions as may be specified in the order).\n\t(3)\tThe Tribunal or a court may act under subsection (2) on application or on its own initiative.\n\t(4)\tThe Tribunal's power to act under subsection (2) is exercisable only by a Presidential member.\n70—Reservation of questions of law\n\t(1)\tA Full Bench of the Tribunal (including a Full Bench of the South Australian Employment Court) may reserve any question of law arising in any proceedings (including on referral to the Full Bench) for determination by the Court of Appeal.\n\t(2)\tIf a question of law is reserved, the Court of Appeal may determine the question and give any consequential orders or directions considered by the Court to be appropriate to the circumstances of the case.\n","sortOrder":18},{"sectionNumber":"Part 6","sectionType":"part","heading":"Staff","content":"Part 6—Staff\nDivision 1—Registrars\n71—Registrars\n\t(1)\tThere is to be a principal registrar of the Tribunal (to be known as the Registrar).\n\t(2)\tThere will be 1 or more other registrars of the Tribunal (to be known as Deputy Registrars).\n\t(3)\tA registrar will be appointed by the Governor on terms and conditions determined by the Governor for a term, not exceeding 5 years, specified in the instrument of appointment (and is, on the expiration of a term of office, eligible for reappointment).\n\t(4)\tThe Governor may remove a person from the office of registrar for—\n\t(a)\tmental or physical incapacity to carry out official duties satisfactorily; or\n\t(c)\tdishonourable conduct.\n\t(5)\tA person ceases to be a registrar if the person—\n\t(d)\tis removed from office under subsection (4).\n\t(6)\tIf there is a vacancy in the office of a registrar or a registrar is absent or for any other reason is unable to perform the duties of the office, the Minister may appoint a person to act in the relevant position.\n\t(7)\tThe Minister must consult with the President of the Tribunal before an appointment is made under this section.\n\t(8)\tThe office of the Registrar or of a Deputy Registrar may be held in conjunction with another office in the public service of the State or under any other Act.\n72—Functions of registrars\n\t(1)\tThe functions of the Registrar are—\n\t(a)\tto assist the President of the Tribunal in the administration of the Tribunal; and\n\t(b)\tto be responsible for the registry and records of the Tribunal; and\n\t(c)\tto undertake responsibility for the day‑to‑day case management of the Tribunal; and\n\t(d)\tto constitute the Tribunal to the extent specified under this Act; and\n\t(e)\tother functions assigned to the Registrar by the President or under the rules of the Tribunal.\n\t(2)\tThe functions of a Deputy Registrar are—\n\t(a)\tto assist the Registrar in the performance of the Registrar's functions; and\n\t(b)\tto constitute the Tribunal to the extent specified under this Act; and\n\t(c)\tother functions assigned to the Deputy Registrar by the Registrar or under the rules of the Tribunal.\n\t(3)\tA registrar is, in the performance of any function or the exercise of any power, subject to the direction of the President of the Tribunal.\n\t(4)\tA person affected by an exercise of administrative power by a registrar in relation to a proceeding before the Tribunal may, on application made in a manner and within the time prescribed by the Rules, apply to the Tribunal for a review of that exercise of power.\n\t(5)\tA Presidential member of the Tribunal may, on an application made under subsection (4), review the exercise of power that is the subject of the application (by holding a hearing or in any other manner the member thinks fit) and make such orders as the member thinks fit with respect to the matter.\n\t(6)\tNo appeal lies against a decision of a Presidential member of the Tribunal under subsection (5).\n73—Delegation\n\t(1)\tA registrar may delegate a function of the registrar under this Act—\n\t(a)\tto a particular person or committee; or\n\t(b)\tto the person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA delegation under subsection (1)—\n\t(a)\tmust be made by instrument in writing; and\n\t(b)\tmay be conditional; and\n\t(c)\tdoes not derogate from the ability of the registrar to act in any matter; and\n\t(d)\tis revocable at will by the registrar.\nDivision 2—Other staff of Tribunal\n74—Other staff of Tribunal\nThere will be other staff of the Tribunal consisting of persons employed in a public sector agency and selected by the Registrar with the concurrence of the Chief Executive of the Department.\nDivision 3—Use of services or staff\n75—Use of services or staff\nThe Tribunal may, by arrangement with the relevant body, make use of the facilities, staff or equipment of—\n\t(a)\tan administrative unit in the Public Service; or\n\t(b)\tthe State Courts Administration Council; or\n\t(c)\tanother public agency or authority; or\n\t(d)\tanother tribunal or court.\n","sortOrder":19},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"Part 7—Miscellaneous\n76—Immunities\n\t(1)\tA member of the Tribunal, mediator, expert or special referee has the same protections, privileges and immunities from liability as a Judge of the Supreme Court.\n\t(2)\tA member of the staff of the Tribunal incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions.\n\t(3)\tA person representing a party to proceedings before the Tribunal has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court.\n\t(4)\tA party to proceedings before the Tribunal has the same protection and immunity as a party to proceedings in the Supreme Court.\n\t(5)\tA person who appears as a witness before the Tribunal or produces books, papers or documents to the Tribunal has the same protection as a witness in proceedings before the Supreme Court.\n\t(6)\tA person taking evidence on behalf of the Tribunal has, in doing so, the same protections, privileges and immunities as a member of the Tribunal.\n77—Protection from liability for torts\n\t(1)\tAn action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act or a relevant Act as a member of the Tribunal or as a member of staff or an officer of the Tribunal.\n\t(2)\tThe Crown is also relieved of any liability that it might otherwise have had for a person having done anything as described in subsection (1).\n\t(3)\tThe protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act or a relevant Act had been enacted.\n\t(4)\tIn this section, a reference to the doing of anything includes a reference to an omission to do anything.\n78—Protection for compliance with Act\n\t(1)\tNo civil or criminal liability attaches to a person for compliance, or purported compliance, in good faith, with a requirement of this Act.\n\t(2)\tIn particular, if a person produced a document or other material as required under this Act, no civil liability attaches to the person for producing the document or material, whether the liability would arise under a contract or otherwise.\n79—Alternative orders and relief\nAlthough a particular form of order or relief is sought by an applicant in proceedings before the Tribunal, the Tribunal may make any other form of order or grant any other form of relief that it considers more appropriate in the circumstances of the case.\n80—Power to cure irregularities\n\t(1)\tWhere in proceedings before the Tribunal or a court on appeal it appears to the Tribunal or the court—\n\t(a)\tthat some irregularity has occurred affecting the proceedings or any matter to which the proceedings relate; and\n\t(b)\tthat it would be conducive to the expeditious resolution of the questions of substance at issue between the parties if the powers conferred by this section were exercised,\nthe Tribunal or court may cure the irregularity by ordering that, subject to the fulfilment of such conditions as may be stipulated by the Tribunal or the court, a requirement of this Act, or of any other Act or law, be dispensed with to the extent necessary for the purpose.\n\t(2)\tAn order under this section does not affect the rights or liabilities of persons who are not parties to the proceedings.\n81—Correcting mistakes\n\t(1)\tThe Tribunal may correct a decision it gives or a statement of the reasons it has given for its decision to the extent necessary to rectify—\n\t(a)\ta clerical mistake; or\n\t(b)\tan error arising from an accidental slip or omission; or\n\t(c)\ta material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the decision; or\n\t(d)\ta defect of form.\n\t(2)\tThe correction may be made—\n\t(a)\ton a party's application made in accordance with the rules; or\n\t(b)\ton the Tribunal's own initiative.\n82—Tribunal may review its decision if person was absent\nrelevant 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 but does not include a compulsory conciliation conference, a pre‑hearing conference or mediation.\n\t(2)\tA person in respect of whom the Tribunal makes a decision may apply to the Tribunal for a review of the decision if the person did not appear and was not represented at a relevant hearing.\n\t(3)\tThe application has to be made within the time limits specified by, and otherwise in accordance with, the rules.\n\t(4)\tThe rules may limit the number of applications that can be made under this section in respect of the same matter without leave of the Tribunal.\n\t(5)\tIf on hearing the application the Tribunal is satisfied that the applicant had a reasonable excuse for not attending or being represented at the relevant hearing, the Tribunal is to review the decision and may revoke or vary it if the Tribunal considers it appropriate to do so.\n\t(6)\tFor the hearing of the application, the Tribunal is to be constituted by the members by whom it was constituted when it made the decision, if that is practicable.\n\t(7)\tA review under this section is part of the original proceedings.\n83—Tribunal may authorise person to take evidence\n\t(1)\tThe Tribunal may authorise, in writing, a person (whether or not a member of the Tribunal) to take evidence on behalf of the Tribunal for the purposes of any proceedings.\n\t(2)\tThe Tribunal's power under subsection (1) to authorise the taking of evidence is exercisable only by a Presidential member.\n\t(3)\tThe Tribunal may authorise evidence to be taken under this section outside South Australia.\n\t(4)\tThe Tribunal may give directions as to the taking of evidence under this section.\n\t(5)\tIf a person other than a member of the Tribunal is authorised to take evidence, the person has all the powers of a member of the Tribunal in relation to the taking of evidence.\n\t(6)\tEvidence taken under this section—\n\t(a)\tis to be regarded as having been given to the Tribunal; and\n\t(b)\tif taken outside South Australia, is to be regarded as having been given in South Australia.\n83A—Transfer of proceedings\n\t(1)\tThe Tribunal may transfer proceedings before the Tribunal to another tribunal or court (being a tribunal or court that also has jurisdiction with respect to the matter) if a member constituting the Tribunal is satisfied or considers that it would be more appropriate or expeditious for the matter to be dealt with by that tribunal or court.\n\t(2)\tThe Supreme Court or a Judge or Master of the Supreme Court may—\n\t(a)\torder that civil proceedings before the Tribunal be transferred to the Supreme Court; or\n\t(b)\ttransfer civil proceedings in the Supreme Court that lie within the jurisdiction of the Tribunal to the Tribunal.\n\t(3)\tThe District Court or a Judge or Master of the District Court may transfer civil proceedings in the District Court that lie within the jurisdiction of the Tribunal to the Tribunal.\n\t(3a)\tThe Magistrates Court or a Magistrate may transfer civil proceedings in the Magistrates Court that lie within the jurisdiction of the Tribunal to the Tribunal.\n\t(4)\tIf proceedings are transferred to another tribunal or court under subsection (1) or (2)(a)—\n\t(a)\ta registrar or other member of the staff of the Tribunal must forward to the other tribunal or court—\n\t(i)\ta file containing all documents filed in the Tribunal in the proceedings; and\n\t(ii)\ta transcript of any evidence taken before the Tribunal in the proceedings; and\n\t(iii)\tcopies of any order made by the Tribunal in relation to the proceedings; and\n\t(b)\tthe tribunal or court may—\n\t(i)\treceive in evidence any transcript of any evidence taken before the Tribunal in the proceedings and draw any conclusions of fact from that evidence that appear proper; and\n\t(ii)\tadopt any findings or decision of the Tribunal that may be relevant to proceedings before the tribunal or court; and\n\t(iii)\tadopt or make any decision, direction, determination or order in relation to the proceedings; and\n\t(iv)\tcontinue any proceedings as if they had been commenced before or in the tribunal or court; and\n\t(v)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(5)\tIf proceedings are transferred to the Tribunal under subsection (2)(b), (3) or (3a), the Tribunal may—\n\t(a)\treceive in evidence any transcript of any evidence taken before the relevant court in the proceedings and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or decision of the relevant court that may be relevant to the proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision, direction, determination or order in relation to the proceedings; and\n\t(d)\tcontinue any proceedings as if they had been commenced before the Tribunal; and\n\t(e)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n84—Miscellaneous provisions relating to legal process and service\n\t(1)\tAny process of the Tribunal may be issued, served or executed on a Sunday as well as any other day.\n\t(2)\tThe validity of process is not affected by the fact that the person who issued it dies or ceases to hold office.\n\t(3)\tIf it is not practicable to serve any process, notice or other document relating to any proceedings in the manner otherwise prescribed or contemplated by law, the Tribunal may, by order—\n\t(a)\tprovide for service by post, or in any other way (including by substituted service) authorised by the regulations; or\n\t(b)\tmake any other provision that may be necessary or desirable for service.\n\t(4)\tAny process, notice or other document served in accordance with an order under subsection (3) will, despite any other law, be taken to have been duly served.\n\t(5)\tA registrar is expressly authorised to make an order under subsection (3).\n85—Proof of decisions and orders of Tribunal\nAn apparently genuine document purporting to be a copy of a decision or order of the Tribunal and to be certified as such by a registrar will be accepted in any legal proceedings, in the absence of proof to the contrary, as a true copy of a decision or order of the Tribunal.\n86—Enforcement of decisions and orders of Tribunal\n\t(1)\tIf the Tribunal constituted as the South Australian Employment Court makes a monetary order, the order is enforceable, and any action may be taken in respect of the order, as if it were a judgment or order of the appropriate court.\n\t(1a)\tIf the Tribunal constituted as an industrial relations commission makes a monetary order, the amount specified in the order may be recovered in the appropriate court as if it were a debt.\n\t(1b)\tNo court fees are payable in relation to proceedings in an appropriate court in respect of a monetary order made by the Tribunal, including proceedings under the Enforcement of Judgments Act 1991.\n\t(1c)\tWhere, in accordance with a relevant Act, a person who is not a legal practitioner is entitled to act as a representative of a party before SAET, that person may also act as a representative of that party in any proceedings under the Enforcement of Judgments Act 1991 before an appropriate court with respect to an order made by SAET.\n\t(2)\tA person who contravenes or fails to comply with an order of the Tribunal (other than a monetary order) is guilty of an offence.\nMaximum penalty: $50 000 or imprisonment for 2 years.\n\t(3)\tIn this section—\nappropriate court means—\n\t(a)\tin relation to an order of the Tribunal that is a monetary order for an amount that does not exceed the amount that represents the jurisdictional limit of the Magistrates Court for a monetary claim founded on contract—the Magistrates Court;\n\t(b)\tin any other case—the District Court;\nmonetary order includes a judgment that provides for the payment of an amount of money.\n87—Accessibility of evidence\n\t(1)\tSubject to this section, the Tribunal may, on application by any member of the public, allow the applicant to inspect or obtain a copy of—\n\t(a)\tany process relating to proceedings and forming part of the Tribunal's records;\n\t(b)\ta transcript of evidence taken by the Tribunal in any proceedings;\n\t(c)\tany documentary material admitted into evidence in any proceedings;\n\t(d)\tany decision or order given or made by the Tribunal;\n\t(e)\tany other material of a prescribed kind.\n\t(2)\tA member of the public may inspect or obtain a copy of the following material only with the permission of the Tribunal:\n\t(a)\tmaterial that was not taken or received in open court;\n\t(b)\tmaterial the disclosure of which would be contrary to a direction or order of the Tribunal given under another provision of this or any other Act;\n\t(c)\ta photograph, slide, film, video tape, audio tape or other form of recording from which a visual image or sound can be produced;\n\t(d)\tmaterial of a class prescribed by the regulations.\n\t(3)\tThe Tribunal may permit inspection or copying of material referred to in subsection (1) or (2) subject to any condition it considers appropriate, including a condition limiting the publication or use of the material.\n\t(4)\tA decision by the Tribunal on an application under this section is administrative and is final and not subject to any form of review.\n\t(5)\tThe Tribunal may charge a fee, fixed by regulation, for inspection or copying of material under this section.\n88—Costs of proceedings\ncosts of proceedings means costs of, or incidental to, any proceedings of the Tribunal, other than the costs of a party.\n\t(2)\tThe Tribunal may order that all or any of the costs of proceedings be paid by a party.\n\t(3)\tIf the matter that is the subject of the proceeding comes within the Tribunal's review jurisdiction, the Tribunal cannot make an order under this section against a party unless—\n\t(a)\tthe party brought or conducted the proceedings frivolously or vexatiously; or\n\t(b)\tthe Tribunal is acting in prescribed circumstances.\n88A—Production of persons held in custody\nIf the Tribunal requires the attendance before it of any person who is held in custody in the State, the Tribunal may—\n\t(a)\tissue a summons or a notice requiring the custodian to produce that person before the Tribunal at a nominated time and place; or\n\t(b)\tissue a warrant authorising the sheriff, or a member of the police force, to take the person from the custodian and bring the person before the Tribunal.\n89—Annual report\n\t(1)\tThe President of the Tribunal must on or before 31 October in each year make a report to the Minister on the administration and operation of the Tribunal during the previous financial year.\n\t(2)\tThe Minister must within 12 sitting days after receiving a report under this section cause copies of the report to be laid before both Houses of Parliament.\n\t(3)\tThe report must include any information prescribed by the regulations.\n90—Additional reports\nThe President of the Tribunal must, at the request of the Minister, report to the Minister on any matter relevant to the administration or operation of the Tribunal.\n91—Disrupting proceedings of Tribunal\n\t(1)\tA person who—\n\t(a)\twilfully insults a member or officer of the Tribunal, during a sitting of the Tribunal or in going to or returning from the Tribunal; or\n\t(b)\twilfully disturbs or interrupts proceedings of the Tribunal; or\n\t(c)\tmisbehaves in any other way before the Tribunal; or\n\t(d)\twilfully disobeys an order or direction of the Tribunal,\ncommits a contempt of the Tribunal.\n\t(2)\tIf a party to proceedings before the Tribunal—\n\t(a)\tcontravenes or fails to comply with an order in the nature of an interlocutory order or an order to do, or refrain from, a particular act; and\n\t(b)\tmakes no reasonable and adequate excuse to the Tribunal for the contravention or non-compliance,\nthe Tribunal may (without limiting its powers to deal with the matter in any other way) order that the party be not heard, or further heard, in the proceedings, or impose another procedural disability or civil penalty the Tribunal considers appropriate to the circumstances of the case.\n\t(3)\tBefore acting under subsection (2), the Tribunal must give the relevant party an opportunity to be heard on the question.\n91A—Punishment of contempts\n\t(1)\tA contempt of the Tribunal is a summary offence punishable by a maximum fine of $10 000 or imprisonment for a maximum term of 6 months.\n\t(2)\tThe jurisdiction to deal with an offence against subsection (1) is vested in the South Australian Employment Court.\n\t(3)\tIf a contempt is committed in the face of the Tribunal, the matter may be dealt with immediately (without the necessity of laying a charge or other formality) and the South Australian Employment Court may proceed to convict and fine the offender as it thinks fit.\n91B—Offences\nAn offence against a provision of this Act lies within the criminal jurisdiction of the South Australian Employment Court.\n92—Rules\n\t(1)\tRules of the Tribunal may be made—\n\t(a)\tregulating the business of the Tribunal and the duties of the various members and staff of the Tribunal; and\n\t(b)\tauthorising the registrars and other staff of the Tribunal to exercise powers with respect to proceedings before the Tribunal and providing for the internal review of specified classes of decisions in specified circumstances; and\n\t(c)\tregulating the practice and procedure of the Tribunal; and\n\t(d)\timposing obligations on persons seeking to commence proceedings before the Tribunal to take any step, including to give a notification to another person or to provide any specified information; and\n\t(e)\tproviding for the service of applications and documents; and\n\t(f)\timposing obligations on parties to proceedings before the Tribunal to disclose to each other the contents of expert reports or other material of relevance to the proceedings before or in connection with the hearing of the proceedings; and\n\t(g)\tregulating the referral of a matter to mediation, the conduct of mediations or the referral of questions for investigation and report by an expert or referee; and\n\t(h)\tregulating the form in which evidence may be taken; and\n\t(i)\trestricting or prohibiting certain classes of persons from appearing as representatives in proceedings before the Tribunal; and\n\t(j)\tproviding for the Tribunal to waive any procedural requirement; and\n\t(k)\tregulating costs and providing for the assessment and settling of costs; and\n\t(ka)\tproviding that a rule made pursuant to paragraph (k) is to prevail over an inconsistent provision of a relevant Act; and\n\t(l)\tproviding for witness fees; and\n\t(la)\tproviding for the suspension of inactive proceedings; and\n\t(m)\tproviding for other matters relating to the management, conduct or settlement of proceedings before the Tribunal; and\n\t(n)\tdealing with any other matters necessary or expedient for the effective and efficient operation of the Tribunal.\n\t(2)\tThe power to make rules under this section includes the power to make rules in respect of any jurisdiction conferred on the Tribunal by a relevant Act.\n\t(3)\tRules of the Tribunal may be made by the President and a Deputy President of the Tribunal after consultation with the Minister.\n\t(4)\tThe rules take effect from the date of publication in the Gazette or a later date specified in the rules.\n\t(5)\tExcept to the extent specified in subsection (1)(ka), the rules must be consistent with the regulations, and with any relevant Act.\n93—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or a relevant Act, or as are necessary or expedient for the purposes of this Act or a relevant Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide information to be included in registers to be kept for the purposes of this Act; and\n\t(b)\tprescribe matters relevant to the practice or procedures of the Tribunal; and\n\t(c)\tprescribe and provide for the payment of fees in relation to proceedings before the Tribunal; and\n\t(d)\tprescribe penalties not exceeding $5 000 for contravention of, or non‑compliance with, any regulation; and\n\t(e)\tmake provisions of a saving or transitional nature consequent on the vesting of jurisdiction on the Tribunal under this or another Act.\n\t(3)\tThe regulations may provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the President of the Tribunal or another prescribed person.\n\t(4)\tA regulation under subsection (2)(e) may (without limiting that subsection)—\n\t(a)\toperate in addition to any saving or transitional provision enacted under another Act in connection with the vesting of jurisdiction in the Tribunal; and\n\t(b)\toperate so as to modify the operation or effect of another Act insofar as may be expedient in connection with the transfer of jurisdiction to the Tribunal from another entity; and\n\t(c)\ttake effect from the day on which jurisdiction is vested in the Tribunal under another Act (including so as to provide for the retrospective operation of the regulations).\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n South Australian Employment Tribunal Act 2014 \n6.11.2014\n1.1.2015 (Gazette 18.12.2014 p6869) except ss 5—9, 18—23, Pts 3—5, ss 79—89 & 91—1.7.2015 (Gazette 25.6.2015 p3076)\n Statutes Amendment (South Australian Employment Tribunal) Act 2016\n8.12.2016\nPt 2 (ss 4—41)—1.7.2017 (Gazette 16.5.2017 p1221)\n South Australian Employment Tribunal (Miscellaneous) Amendment Act 2017\n23.5.2017\nPt 2 (s 4)—1.7.2017 immediately after Pts 8 & 20 of 63/2016 (Gazette 27.6.2017 p2620)\n Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017\nPt 11 (ss 22, 24, 26 & 27)—1.7.2017; (ss 23 & 25)—12.12.2017: s 2(1), (2)\n South Australian Employment Tribunal (Miscellaneous) Amendment Act 2018\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cll 83 to 85)—1.1.2021 (Gazette 10.12.2020 p5638)\n South Australian Employment Tribunal (Costs) Amendment Act 2021\n11.2.2021\nStatutes Amendment (South Australian Employment Tribunal) Act 2024\n5.9.2024\nPt 5 (s 50)—31.10.2024; ss 42 to 49 & 51 to 56—1.12.2024 (Gazette 31.10.2024 p4038)\nFair Work (Registered Associations) Amendment Act 2024\n14.11.2024\nSch 1 (cl 1)—uncommenced\nFair Work (Worker Entitlements) Amendment Act 2025\n30.10.2025\nSch 1 (cll 1 & 2)—1.1.2026 (Gazette 11.12.2025 p4823)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nCommissioner\ninserted by 63/2016 s 4(1)\nconciliation officer\ndeleted by 63/2016 s 4(1)\ndecision\ninserted by 63/2016 s 4(1)\nDepartment\nsubstituted by 63/2016 s 4(2)\nIndustrial Relations Court\ndeleted by 63/2016 s 4(3)\nrelevant Act\namended by 70/2017 s 22\nTribunal\namended by 63/2016 s 4(4)\ns 4\n\ns 4(1)\ns 4 redesignated as s 4(1) by 70/2017 s 23\n\namended by 42/2018 s 3\ns 4(2)\ninserted by 70/2017 s 23\nPt 2\n\nPt 2 Div 1\n\ns 5\n\ns 5(1)\ns 5 redesignated as s 5(1) by 63/2016 s 5\ns 5(2)—(4)\ninserted by 63/2016 s 5\ns 6\nsubstituted by 63/2016 s 6\ns 6(2)\namended by 26/2024 s 42(1)\ns 6(2a)\ninserted by 26/2024 s 42(2)\nnote\ninserted by 43/2025 Sch 1 cl 1\n1.1.2026\ns 6A\ninserted by 63/2016 s 6\ns 6A(4)\namended by 2/2021 s 4\ns 6A(6)\namended by 26/2024 s 43\ns 6AB\ninserted by 42/2018 s 4\ns 6B\ninserted by 63/2016 s 6\ns 7A\ninserted by 63/2016 s 7\nPt 2 Div 3\n\nPt 2 Div 3 Subdiv 1\n\ns 9\namended by 63/2016 s 8(1), (2)\nPt 2 Div 3 Subdiv 2\n\ns 10\nsubstituted by 63/2016 s 9\ns 12\n\ns 12(1)\namended by 63/2016 s 10(1)\ns 12(2) and (3)\nsubstituted by 63/2016 s 10(2)\ns 12(4)—(6)\ninserted by 63/2016 s 10(2)\nPt 2 Div 3 Subdiv3\n\ns 12A\ninserted by 63/2016 s 11\ns 13\nsubstituted by 63/2016 s 12\ns 13(13)\namended by 26/2024 s 44\nPt 2 Div 3 Subdiv 5\n\nheading\nsubstituted by 63/2016 s 13\ns 16\n\ns 16(1)\namended by 63/2016 s 14(1)\ns 16(2)\namended by 63/2016 s 14(1), (2)\ns 16(3)\namended by 63/2016 s 14(1)\ns 16(4)\namended by 63/2016 s 14(2)\ns 16(6)—(10)\namended by 63/2016 s 14(1)\ns 17\n\ns 17(1) and (2)\namended by 63/2016 s 15(1)\ns 17(4) and (5)\namended by 63/2016 s 15(1)—(3)\ns 18\n\ns 18(1), (2) and (4)\namended by 63/2016 s 16\nPt 2 Div 3A\ninserted by 63/2016 s 17\nPt 2 Div 4\n\ns 19\n\ns 19(1a)\ninserted by 63/2016 s 18(1)\ns 19(3)\namended by 63/2016 s 18(2)\n\nsubstituted by 26/2024 s 45(1)\ns 19(4a)\ninserted by 26/2024 s 45(2)\ns 19(5a)\ninserted by 63/2016 s 18(3)\ns 20\n\ns 20(3)\namended by 63/2016 s 19\ns 22\n\ns 22(1)\namended by 63/2016 s 20(1)\ns 22(2)\namended by 63/2016 s 20(2)\n\namended by 45/2019 Sch 1 cl 83\ns 22(3)\namended by 63/2016 s 20(3)\nPt 2 Div 5\n\ns 23\ndeleted by 63/2016 s 21\nPt 2 Div 6\ninserted by 63/2016 s 22\nPt 2 Div 7\ninserted by 63/2016 s 22\nPt 2 Div 8\ninserted by 70/2017 s 24\nPt 3\n\nPt 3 Div 1\n\nheading\ninserted by 63/2016 s 23\ns 26J\ninserted by 63/2016 s 24\ns 27\n\ns 27(1)\nsubstituted by 63/2016 s 25(1)\ns 27(6) and (7)\nsubstituted by 63/2016 s 25(2)\nPt 3 Div 2\ninserted by 63/2016 s 26\nPt 4\n\ns 32\n\ns 32(1a)\ninserted by 63/2016 s 27\ns 34\n\ns 34(1)\namended by 63/2016 s 28(1)\ns 34(2)\nsubstituted by 63/2016 s 28(2)\ns 43\n\ns 43(5a)\ninserted by 26/2024 s 46(1)\ns 43(7) and (8)\nsubstituted by 26/2024 s 46(2)\ns 43(11)\namended by 26/2024 s 46(3)\ns 44\namended by 26/2024 s 47\ns 45\n\ns 45(3)\ninserted by 16/2017 s 4\ns 49\n\ns 49(1a) and (1b)\ninserted by 63/2016 s 29\ns 51\n\ns 51(1a)\ninserted by 43/2025 Sch 1 cl 2\n1.1.2026\ns 51(2a)\ninserted by 49/2024 Sch 1 cl 1\nuncommenced—not incorporated\ns 51(4)\ninserted by 26/2024 s 48\ns 52\nsubstituted by 63/2016 s 30\ns 53\n\ns 53(1)\namended by 63/2016 s 31\ns 65\nsubstituted by 26/2024 s 49\nPt 5\n\nPt 5 Div 1\n\ns 66\n\ns 66(1)\nsubstituted by 63/2016 s 32(1)\ns 66(1a)—(1e)\ninserted by 63/2016 s 32(1)\ns 66(2)\namended by 63/2016 s 32(2), (3)\ns 67\nsubstituted by 63/2016 s 33\ns 67(6)\namended by 26/2024 s 50\n31.10.2024\ns 68\n\ns 68(1)\namended by 63/2016 s 34(1)\n\namended by 45/2019 Sch 1 cl 84(1)\ns 68(2)\namended by 45/2019 Sch 1 cl 84(2)\ns 68(3)\namended by 63/2016 s 34(2)\n\namended by 45/2019 Sch 1 cl 84(3), (4)\nPt 5 Div 2\n\ns 69\n\ns 69(4)\namended by 63/2016 s 35\ns 70\n\ns 70(1)\namended by 63/2016 s 36\n\namended by 45/2019 Sch 1 cl 85(1)\ns 70(2)\namended by 45/2019 Sch 1 cl 85(2)\nPt 6\n\ns 72\n\ns 72(4)—(6)\ninserted by 26/2024 s 51\nPt 7\n\ns 83A\ninserted by 63/2016 s 37\ns 83A(3a)\ninserted by 26/2024 s 52(1)\ns 83A(5)\namended by 26/2024 s 52(2)\ns 86\n\ns 86(1)\nsubstituted by 26/2024 s 53\ns 86(1a)—(1c)\ninserted by 26/2024 s 53\ns 86(3)\n\nmonetary order\ninserted by 63/2016 s 38\ns 88A\ninserted by 63/2016 s 39\ns 91\nsubstituted by 63/2016 s 40\ns 91(2)\namended by 26/2024 s 54\nss 91A and 91B\ninserted by 63/2016 s 40\ns 92\n\ns 92(1)\namended by 70/2017 s 25(1)\n\namended by 26/2024 s 55\ns 92(5)\namended by 70/2017 s 25(2)\ns 93\n\ns 93(2)\namended by 70/2017 s 26\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (South Australian Employment Tribunal) Act 2016\n41—Transitional provisions\nprincipal Act means the South Australian Employment Tribunal Act 2014;\nrelevant day means the day on which this section comes into operation;\nTribunal means the South Australian Employment Tribunal.\n\t(2)\tThe person holding office as President of the Tribunal (other than on an acting basis) immediately before the relevant day—\n\t(a)\twill continue to hold that office and will, if not already a judge of the District Court, be appointed as a judge of the District Court by force of this subsection; and\n\t(b)\twill hold office taking into account the operation of section 10(2) of the principal Act, and subject to the operation of section 10(8) of the principal Act, as enacted by this Act.\n\t(3)\tA person holding office as a Deputy President of the Tribunal immediately before the relevant day—\n\t(a)\twill continue to hold that office; and\n\t(b)\twill hold that office subject to the operation of section 13(11) of the principal Act as enacted by this Act—\n\t(i)\tin the case of a judge of the District Court (including as a result of an appointment under subsection (4))—as if the person had been appointed under section 13(1)(a) of the principal Act as enacted by this Act; and\n\t(ii)\tin the case of a magistrate—as if the person had been appointed under section 13(1)(b) of the principal Act as enacted by this Act.\n\t(4)\tA Deputy President of the Tribunal who, immediately before the relevant day—\n\t(a)\twas not a judge of the District Court; and\n\t(b)\twas not a magistrate,\nwill be appointed as a judge of the District Court by force of this subsection.\n\t(5)\tA person who was, immediately before the relevant day, a conciliation officer of the Tribunal will continue in office as a Commissioner of the Tribunal on the same terms and conditions as applied to the person immediately before the relevant day.\nStatutes Amendment (Attorney-General's Portfolio No 3) Act 2017\n27—Transitional provisions\ndecision, of the Industrial Relations Court includes a direction, determination or order of the Industrial Relations Court;\ndecision, of the Tribunal, has the same meaning as in the principal Act;\nIndustrial Relations Court means the Industrial Relations Court as in existence immediately before the commencement of section 69 of the Statutes Amendment (South Australian Employment Tribunal) Act 2016;\nprincipal Act means the South Australian Employment Tribunal Act 2014;\nrelevant day means the day on which this section comes into operation;\nTribunal means the South Australian Employment Tribunal.\n\t(2)\tA decision (or purported decision) of the Industrial Relations Court made in consequence of Schedule 9 clause 59(1) of the Return to Work Act 2014 in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision of the Tribunal.\n\t(3)\tA right (or purported right) to bring proceedings in consequence of Schedule 9 clause 59(1) of the Return to Work Act 2014 before the relevant day (but not so exercised before that day) will be exercised as if Part 2 Division 8 of the principal Act had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal.\n\t(4)\tAny proceedings that were before (or purportedly before) the Industrial Relations Court in consequence of Schedule 9 clause 59(1) of the Return to Work Act 2014 before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been validly commenced before the Tribunal.\n\t(5)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before (or purportedly before) the Industrial Relations Court, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations (or purported findings or determinations) of the Industrial Relations Court that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt any determination (or purported determination), or make any determination, in relation to proceedings before (or purportedly before) the Industrial Relations Court before the relevant day (including so as to make a determination in relation to proceedings fully heard, or purportedly fully heard, before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(6)\tNothing in this section affects a right of appeal to the Supreme Court against a decision, direction or order of the Full Court of the Industrial Relations Court made or given (or purportedly made or given) before the relevant day.\n\t(7)\tA reference in any instrument or agreement made (or purportedly made) in consequence of Schedule 9 clause 59(1) of the Return to Work Act 2014 to the Industrial Relations Court will, unless the context otherwise requires, be taken to be a reference to the Tribunal.\nStatutes Amendment (South Australian Employment Tribunal) Act 2024\n56—Transitional provisions\n\t(1)\tSection 6A of the principal Act, as amended by section 43 of this Act, applies in relation to proceedings commenced in the South Australian Employment Court after the commencement of section 43 of this Act.\n\t(2)\tSection 19(3) of the principal Act, as substituted by section 45(1) of this Act, applies in relation to proceedings commenced before a Full Bench of the South Australian Employment Tribunal after the commencement of section 45(1) of this Act.\n\t(3)\tSection 19(4a) of the principal Act, as inserted by section 45(2) of this Act, applies in relation to proceedings commenced before the South Australian Employment Tribunal after the commencement of section 45(2) of this Act.\n\t(4)\tSection 51(4) of the principal Act, as inserted by section 48 of this Act, applies, on and from the commencement of section 48 of this Act, to any proceedings regardless of when the communication or document referred to in section 51(4) occurred or was created (as the case requires).\n\t(5)\tSection 65 of the principal Act, as substituted by section 49 of this Act, applies, on and from the commencement of section 49 of this Act, to any proceedings regardless of whether the proceedings were commenced before or after that commencement.\n\t(6)\tSection 72(4) and (5) of the principal Act, as inserted by section 51 of this Act, apply to an exercise of administrative power occurring after the commencement of section 51 of this Act.\n\t(7)\tIn this section—\nprincipal Act means the South Australian Employment Tribunal Act 2014.\nHistorical versions\n\n31.10.2024\n\n","sortOrder":20}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — no legislative text was available for analysis. The page returned a 404-style error due to a website update on 24 March 2026."},"complexity_factors":["No legislation text was retrievable — analysis is based on general knowledge only, introducing significant uncertainty","The Act itself (based on general knowledge) involves procedural and jurisdictional rules which can be moderately complex","Interaction with Commonwealth fair work laws adds a layer of complexity in practice","Website restructure has broken legacy hyperlinks, creating an access barrier"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **South Australian Employment Tribunal Act 2014** could not be retrieved — the legislation website returned a \"Page Not Found\" error, likely due to a website restructure in March 2026.\n\n### What we know about this Act generally:\nThe South Australian Employment Tribunal Act 2014 established **SAET (the South Australian Employment Tribunal)** — a specialist court-like body that handles workplace disputes in South Australia. It covers things like:\n- **Unfair dismissal claims** (challenging being sacked)\n- **Industrial disputes** between employers and workers or unions\n- **Work health and safety** matters\n- **Equal opportunity** complaints in some circumstances\n\n**Who it affects:** Employers, employees, unions, and industrial bodies operating in South Australia.\n\n> ⚠️ **Note:** No substantive legal analysis can be provided because the legislation content was not accessible. The above is general background knowledge only. Please visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly or contact OPCWeb@sa.gov.au to access the current version."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Tribunal’s scope and structure have been altered by subsequent amendments and transitional provisions recorded in the Act’s legislative history. Notable scope‑shaping changes include: conferral and limits on criminal jurisdiction (s 6A, as amended by later Acts reflected in the legislative history), the creation of diversity proceedings and rules on their allocation to the South Australian Employment Court (s 6AB), the incorporation of jurisdiction under the Return to Work Act 2014 and continuation of certain Workers Compensation roles (ss 26D–26I, s 26IA), and amendments to constitution and procedures (changes to s 19 and related provisions effected by 26/2024). The legislative history records multiple amending Acts (2016, 2018, 2024 and others) that expanded, reallocated or clarified jurisdiction, appointment and procedural powers, indicating the Tribunal’s remit has moved from the original 2014 text as enacted (see the Act’s legislative history and the sections cited above)."},"complexity_factors":["Multiple jurisdictional streams (Tribunal in Court Session/South Australian Employment Court and Tribunal as industrial relations commission) with rules for assignment of matters (s 5, s 6)","Cross‑references to many \"relevant Acts\" that confer or modify jurisdiction, producing dependency on external legislation (s 3, s 6B)","Layered review and appeal structure (rehearings, internal review, Full Bench, Court of Appeal) with statutory limits and permissions (ss 26J, 66–68)","Extensive procedural discretion vested in the President and the Tribunal (ss 11, 19, 26, 36, 92), creating variable practice","Criminal and civil powers in the same statute, including criminal penalties and summary jurisdiction subject to statutory limits (s 6A, s 33(4), s 86(2))","Detailed appointment and removal regimes involving the Governor, Minister and Attorney‑General with consultation requirements (ss 10, 13, 16, 17)","Broad evidentiary and coercive powers (summonses, entry and inspection, expert reports) with sanctions for non‑compliance (ss 33–35)","Rule‑making and regulation powers that can modify procedural and substantive application (ss 92–93) and transitional provisions reflected in legislative history"],"plain_english_summary":"What this law does, in plain English\n\n- Establishes the South Australian Employment Tribunal (the Tribunal) as a single statutory body that has two parts: the Tribunal in Court Session (called the South Australian Employment Court) and the Tribunal acting as an industrial relations commission (s 5). It gives the Tribunal the jurisdiction conferred on it by this Act and by other Acts, and sets out how matters are allocated between the Court and the commission part (s 6).\n\n- Sets out the membership, leadership, and appointment processes. The President must be a judge of the District Court (s 10). There must be at least two Deputy Presidents (s 12A, s 13). Magistrates, Commissioners and supplementary panel members may also be appointed and sit in the Tribunal (ss 15–18A). The Governor, the Attorney‑General and the Minister are involved at various stages of appointment and consultation (ss 10, 13, 16). The President manages Tribunal business and directs practices and procedures (s 11).\n\n- Defines the Tribunal’s main objectives and how it is to run hearings. The objectives include independence, procedural fairness, accessibility, speed and cost‑consciousness (s 8). Hearings are to be conducted with minimal formality and, where appropriate, the Tribunal may inform itself in ways other courts would not (s 32). The South Australian Employment Court may apply formal rules of evidence when appropriate (s 32(1a)).\n\n- Provides a broad statutory review function. Where a matter is a review of a decision under legislation, the Tribunal conducts rehearings and must reach the correct or preferable decision while having regard to the original decision‑maker’s decision (ss 26J, 27, 30). The person or body that made the original decision must assist the Tribunal by providing reasons and documents (s 28).\n\n- Gives the Tribunal a wide range of powers for conducting proceedings: summonses to produce evidence or require attendance (s 33); entry and inspection powers (s 34); use of experts and special referees (ss 35, 60); directions, consolidation/splitting of proceedings, interlocutory and conditional orders (ss 36–39, 56–59); compulsory conciliation conferences, mediation and settlement functions (ss 43–47); and powers to order security for costs (s 57).\n\n- Deals with parties, representation and costs. Parties may appear personally or by counsel, and rules cover non‑lawyer representatives in specified cases (s 51). Parties usually bear their own costs, but the Tribunal may order costs in specified circumstances and the rules and regulations can set how costs are assessed (ss 52–53, s 92(1)(k)).\n\n- Provides enforcement and remedies. Monetary orders made by the South Australian Employment Court are enforceable as judgments of an appropriate court; monetary orders made by the Tribunal acting as a commission may be recovered in an appropriate court as a debt (s 86). Non‑monetary orders carry criminal penalties for non‑compliance in some cases (ss 6AB(10), 86(2)). Decisions of the South Australian Employment Court are binding (s 26C).\n\n- Sets out appeal and review routes. Internal review, appeals to a Full Bench and final appeals on questions of law to the Court of Appeal are provided for, subject to permissions and limits (ss 66–68). In some statutory contexts appeals are limited to questions of law (s 26I).\n\n- Establishes registry, staff and reporting obligations. The Registrar and Deputy Registrars (appointment and functions) are provided for (ss 71–73); the President must prepare an annual report (s 89). The Tribunal may use staff and facilities of other public agencies by arrangement (s 75).\n\n- Grants immunities and protections. Members, mediators, experts and staff have protections similar to Supreme Court judges for official acts in good faith; the Crown is relieved of liability for such acts (ss 76–78).\n\nOfficial purpose statement and practical mechanics\n\n- The Act states its operational objectives (independence, fairness, accessibility, speed, low costs, simplicity) (s 8). Mechanically, it centralises employment‑related dispute jurisdiction into one statutory body; creates a Court stream for assigned or diversity matters and a commission stream for others (s 5, s 6, s 6AB); sets appointment and governance arrangements involving the judiciary, the Governor, the Attorney‑General and the Minister (ss 10, 13, 16); and gives the Tribunal broad procedural and evidentiary powers to manage and decide disputes (Parts 3–4).\n\nTest of the stated purpose against costs, incentives, trade‑offs and implementation mechanics\n\n- Who pays (direct costs): parties usually pay their own legal costs (s 52(1)), but the Tribunal can order costs or security for costs (ss 52, 57). Regulations may prescribe fees for proceedings and for inspection/copies (ss 87(5), 93(2)(c)). Enforcement of Tribunal monetary orders in courts is stated to be cost‑free (no court fees) for enforcement steps (s 86(1b)), which shifts some administrative costs to the court system or the public purse.\n\n- Who decides (institutional authority and appointment incentives): appointments involve the Governor and executive officers on the Attorney‑General’s and Minister’s recommendation, with required consultations (ss 10(10), 13(13), 16(5)). The President (a District Court judge) has significant control over Tribunal constitution, rules, delegations and internal management (ss 11, 19, 26, 92). This structure concentrates operational discretion with the President and the Tribunal’s rule‑making mechanism (s 92). The Minister and Governor play formal roles in appointing Commissioners and registrars (ss 16, 71) which creates an executive role in membership selection (see ss 16(1), 71(3)).\n\n- Compliance burden on decision‑makers and parties: decision‑makers (public bodies) must provide written reasons and relevant documents within a reasonable or prescribed time when their decisions are under review (s 28). Parties may be required to attend compulsory conciliation conferences (s 43) and to produce evidence when summoned (s 33). Failure to comply with some Tribunal requirements or orders can expose persons to criminal penalties or contempt (s 33(4), s 91A, s 86(2), s 6AB(10)). These provisions create concrete compliance tasks and potential criminal or financial exposure for non‑compliance.\n\n- Bureaucratic discretion and rule‑making power: the President and Deputy Presidents make rules after consulting the Minister (s 92(3)), and regulations may give discretionary power to the President (s 93(3)). The Tribunal’s ability to determine procedures where not prescribed (s 36(3)) and to expand proceedings (s 65) gives the institution substantial procedural discretion. This affects predictability for parties and the administrative workload of Tribunal staff.\n\n- Effects on private choice and enterprise: the Tribunal centralises dispute resolution for many employment‑related statutory regimes (see assignment and conferral provisions, s 6, s 6B, s 26D, s 26IA). Monetary awards are enforceable and binding (ss 26C, 86), which affects private contractual and risk management choices by employers, insurers and representatives. The Act provides for compulsory dispute resolution steps (conferences, mediation) which changes litigant behaviour by requiring engagement before hearings (ss 43–46).\n\n- Trade‑offs and opportunity costs: the Act prioritises accessibility, speed and low cost in its objectives (s 8) while also creating formal judicial positions (President, Deputy Presidents) and a registry (ss 10, 71). That requires funding for judicial salaries, registrars and staff (see appointment and remuneration provisions, ss 10(6), 13(5)), and for administrative systems to run compulsory conferences, mediations and rehearings. The Act also incorporates transitional arrangements to move jurisdiction from other bodies into the Tribunal (see transitional provisions in the legislative history and ss 26IA, and the transitional sections described in the legislative history), showing implementation complexity and resource reallocation from previous institutions.\n\n- Concentrated benefits and diffuse costs: persons who bring employment disputes (employees, employers, insurers) gain a dedicated forum with specialised procedures (ss 5–6, 8). The public sector carries the administrative and judicial costs of running the Tribunal and providing registries and staff (ss 71–75). Regulations and rules can create additional procedural obligations and fees (ss 92, 93).\n\n- Enforcement and sanctions: the Act provides both civil enforcement (monetary orders enforceable as judgments; s 86) and criminal sanctions or fines for non‑compliance with certain orders or for obstructing Tribunal processes (s 33(4), s 34(3), s 86(2), s 6AB(10)). Contempt and summary offences have specific maximum penalties (ss 91A, 33(4)).\n\nImplementation risks and operational notes\n\n- The Act cross‑references many \"relevant Acts\" to acquire jurisdiction (s 3, s 6). That interdependence means effective operation requires coordinated rules and regulations and clear assignments of matters between the Tribunal and other courts (s 6, s 6B). Transitional and amendment history (noted in the Act) show jurisdiction and procedure have already been altered several times; new adjustments could be made by regulation or rule (s 92, s 93).\n\n- The President’s broad powers to determine constitution, procedures and rules (ss 11, 19, 92) mean operational design and case management will largely be driven by the Tribunal’s leadership. The rules (made by the President with a Deputy President after consulting the Minister) can override inconsistent provisions of a relevant Act in limited circumstances (s 92(1)(ka), s 4(2) limiting effect), which is a key mechanism shaping practice.\n\nKey statutory citations for major mechanics: establishment and parts (s 5); allocation of jurisdiction (s 6); criminal jurisdiction limits and rules (s 6A); diversity proceedings (s 6AB); objectives (s 8); President and appointment (s 10); powers to require documents and reasons (s 28); rehearing and review (ss 27, 30); compulsory conferences and mediation (ss 43–46); costs and fees (ss 52–53, s 93(2)(c)); enforcement of monetary orders (s 86); rules and regulations (ss 92–93)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original purpose of establishing a tribunal primarily for administrative review of employment-related decisions. Amendments have expanded it into a hybrid judicial body operating as a court of record (s 5(2)), conferred criminal jurisdiction for summary and minor indictable offences (s 6A), inserted comprehensive mechanisms to handle federal diversity jurisdiction (s 6AB including validation of prior purported orders), and added detailed standalone divisions dealing with exclusive powers under the Return to Work Act 2014 (ss 26D-26I) and deemed jurisdiction under the repealed Workers Compensation Act 1971 (s 26IA). These changes broaden it from a review-focused entity to one exercising original civil and criminal jurisdiction, declaratory powers (s 26A), and binding determinations across a wide spectrum of employment law."},"complexity_factors":["Lengthy interpretation section (s 3) with 20+ defined terms including 'decision-maker', 'legally qualified member', 'monetary order' and 'federal diversity jurisdiction'","Multiple subdivisions in Part 2 detailing constitution of the Tribunal, member appointments, functions and seniority rules (ss 9-22)","Nested jurisdiction provisions with specific divisions for criminal matters (s 6A), diversity proceedings (s 6AB), Return to Work Act 2014 (ss 26D-26I) and legacy Workers Compensation Act 1971 matters (s 26IA)","Cross-references throughout to 'relevant Acts' that prevail in inconsistencies (s 4) and modify Tribunal procedures","Detailed procedural framework in Part 4 with conditional logic for conferences (s 43 time limits and extensions), evidence (ss 33-35), costs (ss 52-53) and numerous exceptions (e.g. rules of evidence apply to Court Session under s 32(1a))","Multi-tiered review and appeal structure (Part 5) including internal review (s 66), Full Bench rehearings (s 67) and Court of Appeal on questions of law only (s 68)","Transitional and savings provisions in amendments that deem old Industrial Relations Court decisions to be Tribunal decisions"],"plain_english_summary":"**The South Australian Employment Tribunal Act 2014** creates a dedicated specialist body called the South Australian Employment Tribunal (the Tribunal). Its main job is to handle reviews of decisions, resolve disputes, and make rulings on matters connected to workplace rights, workers' compensation, employment conditions, and some related offences. The Tribunal combines several roles: it acts as an administrative review body, an industrial relations commission, and (in a special 'Court Session') as the South Australian Employment Court, which is a formal court of record.\n\nIt affects workers, employers, insurers, government agencies, and others involved in employment-related issues. The law explains how the Tribunal is structured (with a President who is a District Court judge, Deputy Presidents, magistrates, Commissioners, and supplementary panel members), its main goals (such as being fair, accessible, quick, low-cost, and informal under s 8), and detailed rules for running cases. These include compulsory conferences to try to settle disputes early (s 43), rules for hearings that are less formal than court (s 32), powers to summon witnesses and evidence (s 33), and options for mediation or settlement (ss 46-47).\n\nFor reviews of decisions (like rejecting a compensation claim), the Tribunal usually conducts a fresh hearing, can look at new evidence, and must reach the 'correct or preferable' outcome while considering the original decision (s 27). It can affirm, vary, or substitute decisions (s 30). Appeals go through internal review (s 66), then a Full Bench, and finally to the Court of Appeal on questions of law only (ss 67-68). The Act also gives specific extra rules for matters under the Return to Work Act 2014, such as exclusive jurisdiction for certain damages claims (s 26D) and limits on appeals to questions of law (s 26I).\n\nThis matters because it provides one expert, flexible forum for workplace disputes instead of scattering them across ordinary courts. It aims to resolve issues faster and more cheaply while still delivering fair results, with strong emphasis on natural justice, mediation, and practical procedures."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-employment-tribunal-act-2014","history":"/api/acts/south-australian-employment-tribunal-act-2014/history","analysis":"/api/acts/south-australian-employment-tribunal-act-2014/analysis","conflicts":"/api/acts/south-australian-employment-tribunal-act-2014/conflicts","importantCases":"/api/acts/south-australian-employment-tribunal-act-2014/important-cases","documents":"/api/acts/south-australian-employment-tribunal-act-2014/documents"}}