Part 6Dispute resolution

Part 6—Dispute resolution 43—Nomination of person to reconsider a disputed decision (section 102 of Act) For the purposes of section 102(2)(b) of the Act, the nomination of a person to the Registrar is made by a relevant compensating authority providing, in writing, the following information about the person to the Registrar: (a) the person's full name; (b) the name of the person's employer (if the person is an employee), or a relevant business name; (c) the person's position in the organisation in which he or she works, or his or her occupation; (d) details of any relevant qualifications and experience; (e) an address for correspondence; (f) the person's business telephone number, email address and a fax number. 44—Costs (section 106(1) of Act) (1) For the purposes of section 106(1) of the Act, the costs awarded to a party who is represented in proceedings that take place under Part 6 of the Act (excluding reasonably incurred disbursements such as counsel fees) cannot exceed— (a) for assistance in the preparation and lodgement of an application to the Tribunal—$402 (indexed); and (b) for participation in proceedings before the Tribunal up to and including a compulsory conciliation conference under Division 5 of that Part (including the preparation of any necessary documentation)— (i) $745 (indexed); or (ii) if the Tribunal determines, on application by the party, that the party is entitled to an award of costs of an amount greater than $745 (indexed)—$2 464 (indexed); and (c) for participation in proceedings before the Tribunal if they extend beyond a compulsory conciliation conference—the limit applying under section 106(6) of the Act. (2) Subregulation (1)(b) applies subject to the qualification that if the proceedings in respect of which a party is entitled to an award of costs involve more than 1 application, the party and the relevant compensating authority may agree, or the Tribunal may order, that the party is not to be awarded costs up to the relevant limit for participation in proceedings before the Tribunal in respect of each separate application. (3) The relevant compensating authority is entitled to appear and be heard on an application under subregulation (1)(b)(ii). (4) For the purposes of section 106(2)(b) of the Act, costs may be awarded to reimburse disbursements (including counsel fees) incurred by a party to proceedings before the Tribunal up to a reasonable amount reasonably incurred, subject to the qualification that costs for medical services reimbursed as disbursements in the proceedings are limited to the scales of charges that apply for the purposes of section 33 of the Act or, if a service is not covered by a scale of charges under that section, to an amount determined in accordance with the principles that apply under that section. (5) If a limit on costs prescribed by subregulation (1) is varied or adjusted following the commencement of a process in relation to which an award of costs may be made under section 106 of the Act, the award of costs is subject to the limit that applied when the process was commenced. 45—Medical evidence (1) For the purposes of section 111(1) of the Act, a party must, prior to the hearing of a matter before the Tribunal on a referral under section 44 of the South Australian Employment Tribunal Act 2014— (a) obtain all medical reports that the party intends to obtain for the purposes of the proceedings; and (b) serve on the other party to the proceedings a copy of each medical report in the party's possession relevant to the proceedings (whether the party intends to rely on the report or not). (2) In connection with the operation of subregulation (1), a party to the proceedings must comply with any rule of the Tribunal or direction of a member of the Tribunal as to the provision of a report. (3) A medical report should— (a) set out the medical practitioner's qualifications to make the report; and (b) set out the facts and factual assumptions on which the report is based; and (c) identify any documentary or other materials on which the report is based; and (d) distinguish between objectively verifiable facts and matters of opinion that cannot be (or have not been) objectively verified. (4) However, if a medical expert has provided a previous expert report to a party, a report complies with subregulation (3) if it refers to material contained in the previous report without repeating it. (5) A party who has disclosed a medical report, and proposes to rely on evidence from the medical practitioner in proceedings before the Tribunal, must, at the request of the other party, provide the party with— (a) a copy of documentary or other material on which a medical expert has relied for making a report; and (b) details of any fee or benefit the medical expert has received, or is or will become entitled to receive, for preparation of the report or giving evidence on behalf of the party; and (c) details of any communications relevant to the preparation of the report— (i) between the party, or any representative of the party, and the medical expert; and (ii) between the medical expert and another expert. (6) The Tribunal may, on application by a party, relieve the party from an obligation to disclose a medical expert report or information relating to it under this regulation. (7) An application under subregulation (6)— (a) must be made before or within 7 days after the time for disclosure of the medical expert report; and (b) must be accompanied by a copy of the relevant report enclosed in a sealed envelope (which is only to be opened at the direction of the Tribunal); and (c) may be made without notice to the other party to the action.