Part 11Appeals

Part 11—Appeals Division 1—Review by South Australian Employment Tribunal 124—Review by SAET of certain decisions and determinations (1) Subject to this section, an officer of the teaching service who is aggrieved with a decision or determination of the Chief Executive under Part 9 (other than a decision or determination of a kind prescribed by the regulations) may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision or determination. (2) An application for review must be made within— (a) in the case of a review of a decision or determination relating to an application under section 105—30 days; or (b) in any other case—14 days, after receiving notice of the decision or determination (or such longer period as SAET may allow). (3) For the purposes of section 18A of the South Australian Employment Tribunal Act 2014, there will be the following panels of supplementary panel members: (a) a panel of employees in the Department appointed by the Governor on the nomination of the Minister; (b) a panel of officers of the teaching service appointed by the Governor on the nomination of the Australian Education Union made after elections have been held in accordance with the regulations. (4) In exercising its powers under the South Australian Employment Tribunal Act 2014 in proceedings under this Act related to an application for review by an officer of the teaching service, SAET will, if the President of SAET so determines, sit with— (a) 1 supplementary panel member from the panel referred to in subsection (3)(a); and (b) 1 supplementary panel member from the panel referred to in subsection (3)(b). (5) A decision of SAET in a review of a decision or determination of the Chief Executive on an application under section 105 may not be the subject of an application for review or an appeal under Part 5 of the South Australian Employment Tribunal Act 2014. (6) A person may not make an application to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for review of a decision of the Chief Executive on an application by the person under section 106 unless— (a) the person made the application to a committee established under section 106(2)(b); and (b) the committee made a provisional recommendation to the Chief Executive that the person be appointed to the vacant position; and (c) the Chief executive declined to make the appointment in accordance with that recommendation. (7) In addition to section 30 of the South Australian Employment Tribunal Act 2014, SAET may, at any stage of proceedings for a review of a decision or determination resulting in the termination of an officer of the teaching service under Part 9 Division 7, revoke the decision or determination and order that the officer be reinstated in the teaching service. Division 2—Appeals to Administrative and Disciplinary Division of the District Court 125—Appeal against certain actions of Minister or Chief Executive (1) A person who is aggrieved by a prescribed action of the Minister or the Chief Executive may appeal to the Administrative and Disciplinary Division of the District Court against the prescribed action. (2) Subject to this section, an appeal must be instituted within 1 month of the prescribed action. (3) The Minister or the Chief Executive (as the case requires) must, if required by the appellant, state in writing the reasons for the prescribed action. (4) If the reasons of the Minister or the Chief Executive (as the case requires) are not given to the appellant, in writing, at the time of taking the prescribed action and the appellant (within 1 month of the making of the decision) requires the Minister or Chief Executive to state the reasons in writing, the time for instituting the appeal runs from the time at which the appellant receives the written statement of those reasons. prescribed action means— (a) a direction under section 22(3); or (b) a direction under section 40(3); or (c) a direction under section 62 or 63 that a child be enrolled at a specified school; or (d) any other action of a kind prescribed by the regulations for the purposes of this definition, but does not include a decision or determination that may be reviewed by SAET under Division 1 or any other action of a kind declared by the regulations to be excluded from the ambit of this definition.