{"id":"south-australian-employment-tribunal-regulations-2015","name":"South Australian Employment Tribunal Regulations 2015","slug":"south-australian-employment-tribunal-regulations-2015","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237271,"registerId":"sa-south-australian-employment-tribunal-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Employment Tribunal Regulations 2015","content":"South Australia\nSouth Australian Employment Tribunal Regulations 2015\nunder the South Australian Employment Tribunal Act 2014\n\nContents\n1\tShort title\n3\tInterpretation\n4\tMeaning of decision of the Tribunal\n5\tProvision of reasons for decision or other documents or things by decision‑maker\n6\tService\n7\tEnforcement of monetary orders\n8\tAccessibility of evidence\n9\tAnnual report\n9A\tModification of powers under Part 6 of District Court Act 1991\n10\tFees\nLegislative history\n\n1—Short title\nThese regulations may be cited as the South Australian Employment Tribunal Regulations 2015.\n3—Interpretation\nIn these regulations—\nAct means the South Australian Employment Tribunal Act 2014.\n4—Meaning of decision of the Tribunal\nFor the purposes of the definition of decision in section 3(1) of the Act, a decision of the Tribunal does not include the following interlocutory directions, determinations or orders in respect of the operation of Part 5 of the Act:\n\t(a)\tthe adjournment of proceedings by the Tribunal or the refusal of the Tribunal to adjourn proceedings (including without limitation, such an order in respect of a conference under section 43 of the Act);\n\t(b)\ta direction of the Tribunal under section 38 of the Act;\n\t(c)\ta direction of the Tribunal under section 55(2)(e), (f), (g) or (i) of the Act;\n\t(d)\ta determination of the Tribunal under section 62(1) or (2) of the Act.\n5—Provision of reasons for decision or other documents or things by decision‑maker\nFor the purposes of section 28(2) of the Act, the time prescribed for the provision of a written statement of reasons or other relevant document or thing referred to in that section is 21 days from the time the decision‑maker receives notice that an application has been made to the Tribunal for a review of the decision‑maker's decision.\n6—Service\n\t(1)\tFor the purposes of section 84(3) of the Act, the Tribunal may order that a process, notice or other document required or authorised to be given to or served on a person relating to any proceedings before the Tribunal may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission); or\n\t(d)\tif the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act.\n\t(2)\tIf a person refuses to accept personal service of a notice or other document required or authorised to be served on the person under the Act, or a relevant Act for the purpose of proceedings before the Tribunal, the notice or document will be taken to have been served personally on the person if the person serving the notice or document—\n\t(a)\tputs it down in the person's presence; and\n\t(b)\ttells the person what the notice or document is.\n\t(3)\tIt is not necessary to show the original of the notice or document to the person being served.\n7—Enforcement of monetary orders\n\t(1)\tA party to proceedings is recognised for the purposes of section 86(1) of the Act.\n\t(2)\tUnless subregulation (1) would otherwise apply, in the case of a monetary order that is an order as to the payment of costs made by the Tribunal—the person in favour of whom the order is made is recognised for the purposes of section 86(1) of the Act.\n8—Accessibility of evidence\n\t(1)\tFor the purposes of section 87(2)(d) of the Act, the following classes of material are prescribed:\n\t(a)\trecordings of Tribunal proceedings in the form of an audio, video or other recording from which a visual image or sound can be produced;\n\t(b)\tmaterial concerning the personal affairs of a person, the general disclosure of which would be unreasonable;\n\t(c)\tmaterial that contains allegations or suggestions of criminal or other improper conduct on the part of a person, the truth of which has not been established by judicial process and the general disclosure of which would be unreasonable;\n\t(d)\tmaterial that contains matter consisting of information—\n\t(i)\tconcerning a person under the age of 18 years, or concerning such a person's family or circumstances, or information of any kind furnished by a person who was under that age when the information was furnished; and\n\t(ii)\tthe general disclosure of which would be unreasonable having regard to the need to protect that person's welfare;\n\t(e)\tmaterial that contains matter consisting of information—\n\t(i)\tconcerning a person suffering from a mental illness, impairment or infirmity or concerning such a person's family or circumstances, or any information of any kind furnished by a person suffering from mental illness, impairment or infirmity when the information was furnished; and\n\t(ii)\tthe general disclosure of which would be unreasonable having regard to the need to protect that person's welfare.\n\t(2)\tIn this regulation—\npersonal affairs of a person includes the person's—\n\t(a)\tfinancial affairs;\n\t(b)\tcriminal records;\n\t(c)\tmarital or other personal relationships;\n\t(d)\temployment records;\n\t(e)\tpersonal qualities, attributes or health status.\n9—Annual report\nFor the purposes of section 89(3) of the Act, a report must include the following particulars in respect of the financial year to which the report relates:\n\t(a)\tinformation relating to each category of reviewable decision considered by the Tribunal under the Return to Work Act 2014 (according to the section of the Return to Work Act 2014 under which the original decision was made) as follows:\n\t(i)\tthe number of applications considered by the Tribunal for each category of decision;\n\t(ii)\tthe proportion of the total number of disputes considered by the Tribunal under Part 6 of the Return to Work Act 2014 that each category of decision represents;\n\t(iia)\tthe number of matters subject to a pre-hearing conference under section 45 of the Act for each category of decision;\n\t(iib)\tthe number of matters proceeding to a full hearing before the Tribunal for each category of decision;\n\t(iii)\ta summary of the range of periods of time taken for each category of decision between the receipt of applications by the Tribunal and the resolution of matters (in relation to matters resolved in the relevant financial year);\n\t(ab)\tthe number of actions for damages commenced before the South Australian Employment Court under Part 5 of the Return to Work Act 2014;\n\t(ac)\tthe number of proceedings concluded under Part 5 of the Return to Work Act 2014;\n\t(b)\tthe number of applications made to the Tribunal for an expedited determination of a matter under section 113 of the Return to Work Act 2014;\n\t(c)\tthe number of extension of time applications granted by the Tribunal under section 100 of the Return to Work Act 2014;\n\t(d)\tthe number of referrals made to independent medical advisers by the Tribunal under section 121 of the Return to Work Act 2014;\n\t(da)\tinformation relating to each category of proceedings considered by the Tribunal in respect of jurisdiction conferred on it by another Act (according to the section of the Act under which the application for the proceedings was made).\n\t(e)\tthe number of reviews and appeals instituted under Part 5 of the Act.\n9A—Modification of powers under Part 6 of District Court Act 1991\nPursuant to section 26B of the Act, the South Australian Employment Court may not exercise a power under Part 6 of the District Court Act 1991 to award costs in proceedings relating to the exercise of its civil jurisdiction under section 112 of the Work Health and Safety Act 2012.\n10—Fees\n\t(1)\tThe following fees are payable to the South Australian Employment Court:\n\t(a)\tin relation to the exercise of any designated civil jurisdiction—\n\t(i)\tif a fee would be payable in relation to proceedings in the civil jurisdiction of the Magistrates Court for any step, item or matter if it occurred or arose in the Magistrates Court rather than the South Australian Employment Court, the same fee will be payable to the South Australian Employment Court in the exercise of the designated civil jurisdiction; or\n\t(ii)\tif a fee would be payable in relation to proceedings in the civil jurisdiction of the District Court for any step, item or matter if it occurred or arose in the District Court rather than the South Australian Employment Court, the same fee will be payable to the South Australian Employment Court in the exercise of the designated civil jurisdiction;\n\t(b)\tin relation to the exercise of any designated criminal jurisdiction—if a fee would be payable in relation to proceedings in the Criminal Jurisdiction of the Magistrates Court for any step, item or matter if it occurred or arose in the Magistrates Court rather than in the South Australian Employment Court, the same fee will be payable to the South Australian Employment Court in the exercise of the designated criminal jurisdiction.\n\t(1a)\tDespite subregulation (1)(a), no fee is payable by the following parties to proceedings in any designated civil jurisdiction in the following circumstances:\n\t(a)\tthe party is a small business employer for the purposes of section 23 of the Fair Work Act 2009 of the Commonwealth;\n\t(b)\tthe party—\n\t(i)\tis or was an employee whose earnings in the employment to which the proceedings relate do not exceed the amount set by section 5(15)(c) of the Return to Work Act 2014; or\n\t(ii)\tis a person entitled to make a claim in respect of an employee whose earnings in the employment to which the proceedings relate do not exceed the amount set by section 5(15)(c) of the Return to Work Act 2014.\n\t(1b)\tThe Registrar may, on the grounds of financial hardship, or if the Registrar considers it is fair and appropriate to do so in the circumstances of a particular case—\n\t(a)\twaive, remit or refund a fee (or part of a fee) payable by a person; or\n\t(b)\tpostpone payment of a fee (or part of a fee) by a person until such time, and upon such conditions (if any), as the Registrar thinks fit.\n\t(2)\tIn this regulation—\ndesignated civil jurisdiction means the jurisdiction of the South Australian Employment Court under any of the following:\n\t(a)\tthe Dust Diseases Act 2005;\n\t(b)\tsection 10 of the Fair Work Act 1994;\n\t(c)\tPart 5 of the Return to Work Act 2014;\ndesignated criminal jurisdiction means the criminal jurisdiction of the South Australian Employment Court under the South Australian Employment Tribunal Act 2014 or under any other Act.\nLegislative history\nNotes\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 these regulations (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 regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2015\n177\nGazette 25.6.2015 p3087\n1.7.2015: r 2\n2017\n54\nGazette 16.5.2017 p1287\n1.7.2017: r 2\n2018\n21\nGazette 6.2.2018 p628\n6.2.2018: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2017\nr 7\n\n\nr 7(1)\nvaried by 54/2017 r 4\n1.7.2017\nr 9\nvaried by 54/2017 rr 5(1)—(4)\n1.7.2017\nr 9A\ninserted by 21/2018 r 4\n6.2.2018\nr 10\ninserted by 54/2017 r 6\n1.7.2017\nr 10(1)\nvaried by 21/2018 r 5(1)\n6.2.2018\nr 10(1a) and (1b)\ninserted by 21/2018 r 5(2)\n6.2.2018\nHistorical versions\n1.7.2017\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as procedural and administrative support for the South Australian Employment Tribunal Act 2014. While amendments have added specific provisions (fee waivers in 2018, costs limitation in 2018), these expand operational detail rather than fundamentally altering the purpose. The regulations remain focused on Tribunal procedures, document service, privacy, reporting, and court fees as originally intended."},"complexity_factors":["Multiple cross-references to other Acts (Return to Work Act 2014, Fair Work Act 2009, District Court Act 1991, Work Health and Safety Act 2012, Corporations Act 2001, Dust Diseases Act 2005, Fair Work Act 1994) requiring external knowledge to fully understand scope","Nested conditional logic in fee provisions (regulation 10) with exceptions to the general rule (subregulation 1a) and discretionary waivers (subregulation 1b)","Defined terms in interpretation section (regulation 3) plus additional definitions embedded within specific regulations (regulation 8(2) defines 'personal affairs', regulation 10(2) defines 'designated civil jurisdiction' and 'designated criminal jurisdiction')","Legislative history table showing multiple amendments (2017, 2018) indicating evolutionary complexity, though current text appears consolidated","Specific statutory section references throughout (e.g., 'section 5(15)(c) of the Return to Work Act 2014') creating dependency on external legislative knowledge"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical \"how-to\" rules for the South Australian Employment Tribunal (SAET) and the South Australian Employment Court. They fill in the gaps left by the main Act (the South Australian Employment Tribunal Act 2014) by specifying procedures for day-to-day operations.\n\n**Key things covered:**\n\n*   **What counts as a \"decision\":** Clarifies that certain procedural directions (like adjournments or interim orders) don't count as formal \"decisions\" that can be appealed.\n*   **Time limits:** Decision-makers must provide written reasons for their decisions within **21 days** of being notified that someone has applied to the Tribunal for a review.\n*   **How to serve documents:** Explains how legal papers can be delivered—personally, left at home or work with someone over 16, sent by fax or email, or served on companies according to Commonwealth corporate law. If someone refuses to accept papers, they can be \"deemed served\" by putting them down and explaining what they are.\n*   **Enforcing money orders:** Specifies who can enforce monetary orders (like costs awards) through the courts.\n*   **Privacy protections:** Lists sensitive materials that shouldn't be publicly disclosed—recordings of hearings, personal financial/medical details, allegations of criminal conduct not proven in court, and information about children or people with mental illness.\n*   **Annual reporting:** Requires detailed statistics about workers' compensation disputes, including types of decisions, time taken to resolve matters, and numbers of hearings vs. settled conferences.\n*   **Court costs limitation:** Prevents the Employment Court from awarding costs (legal fees) in work health and safety proceedings.\n*   **Fees:** Sets fees by reference to Magistrates' and District Court scales, but **waives fees for small businesses and low-income workers** in certain cases. The Registrar can also waive or postpone fees due to financial hardship.\n\n**Who it affects:**\n\n*   Workers and employers in South Australia, particularly those involved in workers' compensation disputes, unfair dismissal claims, or work health and safety matters.\n*   Legal practitioners appearing before the Tribunal or Court.\n*   The Tribunal and Court themselves, who must follow these procedural rules.\n\n**Why it matters:**\n\nThese regulations determine how accessible the justice system is for everyday South Australians. The fee waivers for small businesses and low-wage workers are particularly significant—they remove financial barriers to challenging unfair decisions. The privacy protections also ensure vulnerable parties (children, people with mental health conditions) aren't exposed to unnecessary public scrutiny."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The regulations have been varied since enactment: r 7 and r 9 were varied (2017), r 10 was inserted (2017) and varied (2018) to establish the court fee regime and exemptions, and r 9A was inserted (2018) to limit the South Australian Employment Court’s power to award costs under Part 6 of the District Court Act in proceedings under the Work Health and Safety Act. These amendments altered fee allocation, cost‑awarding scope and reporting detail."},"complexity_factors":["Extensive cross‑references to multiple Acts (South Australian Employment Tribunal Act 2014, Return to Work Act 2014, District Court Act 1991, Corporations Act 2001, Fair Work Act 2009) increasing interpretive complexity (see rr 4, 9, 9A, 10).","Mixture of procedural rules and substantive consequences (service methods, evidence accessibility, enforcement of monetary orders) that affect litigation practice (rr 5–8).","Enumerated exceptions and classes (e.g. excluded interlocutory decisions and prescribed classes of restricted evidence) require careful factual application (r 4; r 8).","Fee regime that imports fees from other courts and creates targeted exemptions, plus broad Registrar discretion to waive or postpone fees—requires cross‑checking and discretion assessment (r 10(1), (1a), (1b)).","Reporting obligations specify detailed categories and metrics tied to another Act (Return to Work Act), adding administrative data burdens (r 9).","Modification of court cost‑awarding power in a specific jurisdiction creates targeted procedural divergence (r 9A).","Multiple amendments/variations across years increase the need to track historical changes when applying the regulations (Legislative history)."],"plain_english_summary":"Mechanically, these regulations set procedural rules for the South Australian Employment Tribunal: what counts as a Tribunal “decision”, how parties are served, the 21‑day deadline for providing written reasons, classes of evidence with restricted access, enforcement of monetary orders, annual reporting requirements, and court fee rules including exemptions and a registrar’s discretion (rr 4–10).\n\nThey affect litigants, employers, employees and the Registrar by fixing who pays fees, what information is public, timelines for compliance, and administrative discretion over fee relief."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The page returned a 'Page Not Found' error, likely due to a broken or outdated hyperlink following a website update on 24 March 2026. No comparison between original intent and final form is possible."},"complexity_factors":["No legislative text was provided — only a website error page was returned","Complexity cannot be meaningfully assessed without access to the actual regulations","Score of 1 reflects the absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"The South Australian Employment Tribunal Regulations 2015 would typically set the procedural rules for how the SA Employment Tribunal operates — how disputes are lodged and heard, timelines, fees and evidence/representation — affecting workers, employers, unions and legal advisers in employment disputes.  \n\nThe text couldn’t be retrieved (the source returned a “Page Not Found”), so no substantive analysis is possible here; to get the instrument, check legislation.sa.gov.au or contact OPCWeb@sa.gov.au."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-employment-tribunal-regulations-2015","history":"/api/acts/south-australian-employment-tribunal-regulations-2015/history","analysis":"/api/acts/south-australian-employment-tribunal-regulations-2015/analysis","conflicts":"/api/acts/south-australian-employment-tribunal-regulations-2015/conflicts","importantCases":"/api/acts/south-australian-employment-tribunal-regulations-2015/important-cases","documents":"/api/acts/south-australian-employment-tribunal-regulations-2015/documents"}}