Div 2Reviews and appeals

Division 2—Reviews and appeals 96B—Review of refusal to extend time (1) If the Commissioner has refused an application for an extension of time within which to lodge a complaint, the applicant may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. (2) An application for review must be made within 1 month after notification of the decision. 96C—No internal review by Tribunal A decision or order of the Tribunal in proceedings under this Part (including a decision to refer a matter to the Commissioner for investigation under section 93A) may not be the subject of an application for an internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013. 97—Reasons for decision or order The Tribunal must, if so required by a party to proceedings under this Part, state in writing its reasons for a decision or order, together with findings of fact, that it makes in those proceedings. 98—Representation In addition to section 56(1) of the South Australian Civil and Administrative Tribunal Act 2013, a person appearing in proceedings before the Tribunal may, by leave of the Tribunal, be represented by an officer or employee of a registered industrial association. 98A—Appeals (1) A right of appeal lies to the Supreme Court against— (a) a decision by the Tribunal on an application for the grant, renewal or revocation of an exemption; or (b) a decision or order made by the Tribunal in proceedings under this Part. (2) An appeal under this section may be made by a party to the proceedings to which the appeal relates. (3) The following provisions operate in connection with the application of section 71 of the South Australian Civil and Administrative Tribunal Act 2013 in relation to an appeal under this section: (a) section 71(2), (2a) and (3a) of the South Australian Civil and Administrative Tribunal Act 2013 do not apply; (b) if the reasons of the Tribunal were not given in writing at the time of the making of a decision or order and the appellant then requested the Tribunal to state its reasons in writing, the time for instituting the appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 runs from the time when the written statement of those reasons is given to the appellant; (c) an appeal under this section must be conducted as a review of the decision or order of the Tribunal; (d) the Supreme Court may, on the hearing of an appeal, exercise 1 or more of the following powers: (i) affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, a decision or order that should have been made in the first instance; (ii) remit the subject matter of the appeal to the Tribunal for further hearing or consideration or for rehearing; (iii) make any order as to costs or any other matter that the justice of the case requires. 98B—Transfer of proceedings (1) The Tribunal may, on application by a party to the proceedings or on its own initiative, transfer proceedings before the Tribunal under this Act (the transferred proceedings) to SAET if— (a) the transferred proceedings include or relate to matters that may be the subject of proceedings under another Act in respect of which SAET has jurisdiction; and (b) the Tribunal considers that it would be more appropriate or expeditious for the transferred proceedings to be dealt with by SAET. (2) The following provisions apply to transferred proceedings under subsection (1): (a) SAET will be taken to have jurisdiction under this Act to deal with the matter the subject of the transferred proceedings; (b) the transferred proceedings may be determined by SAET in accordance with this Act. (3) If proceedings are transferred to SAET under subsection (1)— (a) a registrar or other member of the staff of the Tribunal must forward to SAET— (i) a file containing all documents filed in the Tribunal in the proceedings; and (ii) a transcript of any evidence taken before the Tribunal in the proceedings; and (iii) copies of any order made by the Tribunal in relation to the proceedings; and (b) SAET may— (i) receive 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 (ii) adopt any findings or decision of the Tribunal that may be relevant to proceedings before SAET; and (iii) adopt or make any decision, direction, determination or order in relation to the proceedings; and (iv) continue any proceedings as if they had been commenced before or in the SAET; and (v) take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section. 98C—No application for review A decision of the Tribunal to transfer proceedings before the Tribunal to SAET under section 98B(1) may not be the subject of an application for an internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013.