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Fire and Emergency Services Act 2005
Subdiv 3Appeals
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Subdivision 3—Appeals
49—Review by SAET
(1) An officer or firefighter who is aggrieved by a decision of the Disciplinary Committee or the Chief Officer pursuant to Subdivision 2 may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision.
(2) In connection with the operation of subsection (1)—
(a) an application for review by SAET must be made within 14 days of the making of the decision referred to in subsection (1); and
(b) the Chief Officer is entitled to appear and be heard on a review; and
(c) the applicant may appear personally or be represented by a member of an industrial association to which the applicant belongs or by a legal practitioner; and
(d) the Chief Officer may appear personally or be represented by another officer of SAMFS or, if the applicant is represented by a legal practitioner, the Chief Officer may also be represented by a legal practitioner; and
(e) SAET may award costs against SAMFS but may not award costs against the applicant.
51—Participation of supplementary panel members in reviews
In any proceedings under this Subdivision, SAET will, if the President of SAET so determines, sit with supplementary panel members selected in accordance with Schedule 1.
Division 8—Related matters
52—Accounts and audit
(1) SAMFS must keep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year.
(2) The Auditor-General must audit the annual statements of account required under this section.
53—Annual reports
(1) SAMFS must, on or before 30 September in each year, deliver to the Commission a report on the activities of SAMFS during the preceding financial year (and need not provide a report under the Public Sector Act 2009).
(b) include any other information that would be required if SAMFS were reporting under the Public Sector Act 2009; and
54—Common seal and execution of documents
(a) execute a document on behalf of SAMFS; and
(b) affix the common seal of SAMFS to a document.
(2) The Chief Officer may, by instrument in writing, authorise another person to exercise a power under subsection (1) subject to conditions and limitations (if any) specified in the instrument for authority.
(3) Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of SAMFS.
(4) A document is duly executed by SAMFS if—
(a) the common seal of SAMFS is affixed to the document in accordance with this section; or
(b) the document is signed on behalf of SAMFS by a person or persons in accordance with any authority conferred under this section.
(5) Where an apparently genuine document purports to bear the common seal of SAMFS, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of SAMFS has been duly affixed to that document.
55—UFU
The associations comprising UFU are recognised as associations that represent the interests of career firefighters.