Part 7Miscellaneous

Part 7—Miscellaneous 76—Immunities (1) A member of the Tribunal, mediator, expert or special referee has the same protections, privileges and immunities from liability as a Judge of the Supreme Court. (2) A member of the staff of the Tribunal incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions. (3) A person representing a party to proceedings before the Tribunal has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court. (4) A party to proceedings before the Tribunal has the same protection and immunity as a party to proceedings in the Supreme Court. (5) A person who appears as a witness before the Tribunal or produces books, papers or documents to the Tribunal has the same protection as a witness in proceedings before the Supreme Court. (6) A person taking evidence on behalf of the Tribunal has, in doing so, the same protections, privileges and immunities as a member of the Tribunal. 77—Protection from liability for torts (1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act or a relevant Act as a member of the Tribunal or as a member of staff or an officer of the Tribunal. (2) The Crown is also relieved of any liability that it might otherwise have had for a person having done anything as described in subsection (1). (3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act or a relevant Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 78—Protection for compliance with Act (1) No civil or criminal liability attaches to a person for compliance, or purported compliance, in good faith, with a requirement of this Act. (2) In particular, if a person produced a document or other material as required under this Act, no civil liability attaches to the person for producing the document or material, whether the liability would arise under a contract or otherwise. 79—Alternative orders and relief Although a particular form of order or relief is sought by an applicant in proceedings before the Tribunal, the Tribunal may make any other form of order or grant any other form of relief that it considers more appropriate in the circumstances of the case. 80—Power to cure irregularities (1) Where in proceedings before the Tribunal or a court on appeal it appears to the Tribunal or the court— (a) that some irregularity has occurred affecting the proceedings or any matter to which the proceedings relate; and (b) that it would be conducive to the expeditious resolution of the questions of substance at issue between the parties if the powers conferred by this section were exercised, the Tribunal or court may cure the irregularity by ordering that, subject to the fulfilment of such conditions as may be stipulated by the Tribunal or the court, a requirement of this Act, or of any other Act or law, be dispensed with to the extent necessary for the purpose. (2) An order under this section does not affect the rights or liabilities of persons who are not parties to the proceedings. 81—Correcting mistakes (1) The Tribunal may correct a decision it gives or a statement of the reasons it has given for its decision to the extent necessary to rectify— (a) a clerical mistake; or (b) an error arising from an accidental slip or omission; or (c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the decision; or (d) a defect of form. (2) The correction may be made— (a) on a party's application made in accordance with the rules; or (b) on the Tribunal's own initiative. 82—Tribunal may review its decision if person was absent relevant hearing, in relation to a decision of the Tribunal, means a hearing at which the decision was made or which preceded the making of the decision but does not include a compulsory conciliation conference, a pre‑hearing conference or mediation. (2) A person in respect of whom the Tribunal makes a decision may apply to the Tribunal for a review of the decision if the person did not appear and was not represented at a relevant hearing. (3) The application has to be made within the time limits specified by, and otherwise in accordance with, the rules. (4) The rules may limit the number of applications that can be made under this section in respect of the same matter without leave of the Tribunal. (5) If on hearing the application the Tribunal is satisfied that the applicant had a reasonable excuse for not attending or being represented at the relevant hearing, the Tribunal is to review the decision and may revoke or vary it if the Tribunal considers it appropriate to do so. (6) For the hearing of the application, the Tribunal is to be constituted by the members by whom it was constituted when it made the decision, if that is practicable. (7) A review under this section is part of the original proceedings. 83—Tribunal may authorise person to take evidence (1) The Tribunal may authorise, in writing, a person (whether or not a member of the Tribunal) to take evidence on behalf of the Tribunal for the purposes of any proceedings. (2) The Tribunal's power under subsection (1) to authorise the taking of evidence is exercisable only by a Presidential member. (3) The Tribunal may authorise evidence to be taken under this section outside South Australia. (4) The Tribunal may give directions as to the taking of evidence under this section. (5) If a person other than a member of the Tribunal is authorised to take evidence, the person has all the powers of a member of the Tribunal in relation to the taking of evidence. (6) Evidence taken under this section— (a) is to be regarded as having been given to the Tribunal; and (b) if taken outside South Australia, is to be regarded as having been given in South Australia. 83A—Transfer of proceedings (1) The Tribunal may transfer proceedings before the Tribunal to another tribunal or court (being a tribunal or court that also has jurisdiction with respect to the matter) if a member constituting the Tribunal is satisfied or considers that it would be more appropriate or expeditious for the matter to be dealt with by that tribunal or court. (2) The Supreme Court or a Judge or Master of the Supreme Court may— (a) order that civil proceedings before the Tribunal be transferred to the Supreme Court; or (b) transfer civil proceedings in the Supreme Court that lie within the jurisdiction of the Tribunal to the Tribunal. (3) The District Court or a Judge or Master of the District Court may transfer civil proceedings in the District Court that lie within the jurisdiction of the Tribunal to the Tribunal. (3a) The Magistrates Court or a Magistrate may transfer civil proceedings in the Magistrates Court that lie within the jurisdiction of the Tribunal to the Tribunal. (4) If proceedings are transferred to another tribunal or court under subsection (1) or (2)(a)— (a) a registrar or other member of the staff of the Tribunal must forward to the other tribunal or court— (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) the tribunal or court 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 the tribunal or court; 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 tribunal or court; 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. (5) If proceedings are transferred to the Tribunal under subsection (2)(b), (3) or (3a), the Tribunal may— (a) receive in evidence any transcript of any evidence taken before the relevant court in the proceedings and draw any conclusions of fact from that evidence that appear proper; and (b) adopt any findings or decision of the relevant court that may be relevant to the proceedings before the Tribunal; and (c) adopt or make any decision, direction, determination or order in relation to the proceedings; and (d) continue any proceedings as if they had been commenced before the Tribunal; and (e) take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section. 84—Miscellaneous provisions relating to legal process and service (1) Any process of the Tribunal may be issued, served or executed on a Sunday as well as any other day. (2) The validity of process is not affected by the fact that the person who issued it dies or ceases to hold office. (3) If it is not practicable to serve any process, notice or other document relating to any proceedings in the manner otherwise prescribed or contemplated by law, the Tribunal may, by order— (a) provide for service by post, or in any other way (including by substituted service) authorised by the regulations; or (b) make any other provision that may be necessary or desirable for service. (4) Any process, notice or other document served in accordance with an order under subsection (3) will, despite any other law, be taken to have been duly served. (5) A registrar is expressly authorised to make an order under subsection (3). 85—Proof of decisions and orders of Tribunal An apparently genuine document purporting to be a copy of a decision or order of the Tribunal and to be certified as such by a registrar will be accepted in any legal proceedings, in the absence of proof to the contrary, as a true copy of a decision or order of the Tribunal. 86—Enforcement of decisions and orders of Tribunal (1) If the Tribunal constituted as the South Australian Employment Court makes a monetary order, the order is enforceable, and any action may be taken in respect of the order, as if it were a judgment or order of the appropriate court. (1a) If the Tribunal constituted as an industrial relations commission makes a monetary order, the amount specified in the order may be recovered in the appropriate court as if it were a debt. (1b) No court fees are payable in relation to proceedings in an appropriate court in respect of a monetary order made by the Tribunal, including proceedings under the Enforcement of Judgments Act 1991. (1c) Where, in accordance with a relevant Act, a person who is not a legal practitioner is entitled to act as a representative of a party before SAET, that person may also act as a representative of that party in any proceedings under the Enforcement of Judgments Act 1991 before an appropriate court with respect to an order made by SAET. (2) A person who contravenes or fails to comply with an order of the Tribunal (other than a monetary order) is guilty of an offence. Maximum penalty: $50 000 or imprisonment for 2 years. (3) In this section— appropriate court means— (a) in relation to an order of the Tribunal that is a monetary order for an amount that does not exceed the amount that represents the jurisdictional limit of the Magistrates Court for a monetary claim founded on contract—the Magistrates Court; (b) in any other case—the District Court; monetary order includes a judgment that provides for the payment of an amount of money. 87—Accessibility of evidence (1) Subject to this section, the Tribunal may, on application by any member of the public, allow the applicant to inspect or obtain a copy of— (a) any process relating to proceedings and forming part of the Tribunal's records; (b) a transcript of evidence taken by the Tribunal in any proceedings; (c) any documentary material admitted into evidence in any proceedings; (d) any decision or order given or made by the Tribunal; (e) any other material of a prescribed kind. (2) A member of the public may inspect or obtain a copy of the following material only with the permission of the Tribunal: (a) material that was not taken or received in open court; (b) material the disclosure of which would be contrary to a direction or order of the Tribunal given under another provision of this or any other Act; (c) a photograph, slide, film, video tape, audio tape or other form of recording from which a visual image or sound can be produced; (d) material of a class prescribed by the regulations. (3) The Tribunal may permit inspection or copying of material referred to in subsection (1) or (2) subject to any condition it considers appropriate, including a condition limiting the publication or use of the material. (4) A decision by the Tribunal on an application under this section is administrative and is final and not subject to any form of review. (5) The Tribunal may charge a fee, fixed by regulation, for inspection or copying of material under this section. 88—Costs of proceedings costs of proceedings means costs of, or incidental to, any proceedings of the Tribunal, other than the costs of a party. (2) The Tribunal may order that all or any of the costs of proceedings be paid by a party. (3) If the matter that is the subject of the proceeding comes within the Tribunal's review jurisdiction, the Tribunal cannot make an order under this section against a party unless— (a) the party brought or conducted the proceedings frivolously or vexatiously; or (b) the Tribunal is acting in prescribed circumstances. 88A—Production of persons held in custody If the Tribunal requires the attendance before it of any person who is held in custody in the State, the Tribunal may— (a) issue a summons or a notice requiring the custodian to produce that person before the Tribunal at a nominated time and place; or (b) issue a warrant authorising the sheriff, or a member of the police force, to take the person from the custodian and bring the person before the Tribunal. 89—Annual report (1) The President of the Tribunal must on or before 31 October in each year make a report to the Minister on the administration and operation of the Tribunal during the previous financial year. (2) The Minister must within 12 sitting days after receiving a report under this section cause copies of the report to be laid before both Houses of Parliament. (3) The report must include any information prescribed by the regulations. 90—Additional reports The President of the Tribunal must, at the request of the Minister, report to the Minister on any matter relevant to the administration or operation of the Tribunal. 91—Disrupting proceedings of Tribunal (1) A person who— (a) wilfully insults a member or officer of the Tribunal, during a sitting of the Tribunal or in going to or returning from the Tribunal; or (b) wilfully disturbs or interrupts proceedings of the Tribunal; or (c) misbehaves in any other way before the Tribunal; or (d) wilfully disobeys an order or direction of the Tribunal, commits a contempt of the Tribunal. (2) If a party to proceedings before the Tribunal— (a) contravenes or fails to comply with an order in the nature of an interlocutory order or an order to do, or refrain from, a particular act; and (b) makes no reasonable and adequate excuse to the Tribunal for the contravention or non-compliance, the Tribunal may (without limiting its powers to deal with the matter in any other way) order that the party be not heard, or further heard, in the proceedings, or impose another procedural disability or civil penalty the Tribunal considers appropriate to the circumstances of the case. (3) Before acting under subsection (2), the Tribunal must give the relevant party an opportunity to be heard on the question. 91A—Punishment of contempts (1) A contempt of the Tribunal is a summary offence punishable by a maximum fine of $10 000 or imprisonment for a maximum term of 6 months. (2) The jurisdiction to deal with an offence against subsection (1) is vested in the South Australian Employment Court. (3) If a contempt is committed in the face of the Tribunal, the matter may be dealt with immediately (without the necessity of laying a charge or other formality) and the South Australian Employment Court may proceed to convict and fine the offender as it thinks fit. 91B—Offences An offence against a provision of this Act lies within the criminal jurisdiction of the South Australian Employment Court. 92—Rules (1) Rules of the Tribunal may be made— (a) regulating the business of the Tribunal and the duties of the various members and staff of the Tribunal; and (b) authorising the registrars and other staff of the Tribunal to exercise powers with respect to proceedings before the Tribunal and providing for the internal review of specified classes of decisions in specified circumstances; and (c) regulating the practice and procedure of the Tribunal; and (d) imposing obligations on persons seeking to commence proceedings before the Tribunal to take any step, including to give a notification to another person or to provide any specified information; and (e) providing for the service of applications and documents; and (f) imposing obligations on parties to proceedings before the Tribunal to disclose to each other the contents of expert reports or other material of relevance to the proceedings before or in connection with the hearing of the proceedings; and (g) regulating the referral of a matter to mediation, the conduct of mediations or the referral of questions for investigation and report by an expert or referee; and (h) regulating the form in which evidence may be taken; and (i) restricting or prohibiting certain classes of persons from appearing as representatives in proceedings before the Tribunal; and (j) providing for the Tribunal to waive any procedural requirement; and (k) regulating costs and providing for the assessment and settling of costs; and (ka) providing that a rule made pursuant to paragraph (k) is to prevail over an inconsistent provision of a relevant Act; and (l) providing for witness fees; and (la) providing for the suspension of inactive proceedings; and (m) providing for other matters relating to the management, conduct or settlement of proceedings before the Tribunal; and (n) dealing with any other matters necessary or expedient for the effective and efficient operation of the Tribunal. (2) The power to make rules under this section includes the power to make rules in respect of any jurisdiction conferred on the Tribunal by a relevant Act. (3) Rules of the Tribunal may be made by the President and a Deputy President of the Tribunal after consultation with the Minister. (4) The rules take effect from the date of publication in the Gazette or a later date specified in the rules. (5) Except to the extent specified in subsection (1)(ka), the rules must be consistent with the regulations, and with any relevant Act. 93—Regulations (1) The Governor may make such regulations as are contemplated by this Act or a relevant Act, or as are necessary or expedient for the purposes of this Act or a relevant Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) provide information to be included in registers to be kept for the purposes of this Act; and (b) prescribe matters relevant to the practice or procedures of the Tribunal; and (c) prescribe and provide for the payment of fees in relation to proceedings before the Tribunal; and (d) prescribe penalties not exceeding $5 000 for contravention of, or non‑compliance with, any regulation; and (e) make provisions of a saving or transitional nature consequent on the vesting of jurisdiction on the Tribunal under this or another Act. (3) The regulations may provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the President of the Tribunal or another prescribed person. (4) A regulation under subsection (2)(e) may (without limiting that subsection)— (a) operate in addition to any saving or transitional provision enacted under another Act in connection with the vesting of jurisdiction in the Tribunal; and (b) operate so as to modify the operation or effect of another Act insofar as may be expedient in connection with the transfer of jurisdiction to the Tribunal from another entity; and (c) take effect from the day on which jurisdiction is vested in the Tribunal under another Act (including so as to provide for the retrospective operation of the regulations). Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement South Australian Employment Tribunal Act 2014 6.11.2014 1.1.2015 (Gazette 18.12.2014 p6869) except ss 5—9, 18—23, Pts 3—5, ss 79—89 & 91—1.7.2015 (Gazette 25.6.2015 p3076) Statutes Amendment (South Australian Employment Tribunal) Act 2016 8.12.2016 Pt 2 (ss 4—41)—1.7.2017 (Gazette 16.5.2017 p1221) South Australian Employment Tribunal (Miscellaneous) Amendment Act 2017 23.5.2017 Pt 2 (s 4)—1.7.2017 immediately after Pts 8 & 20 of 63/2016 (Gazette 27.6.2017 p2620) Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017 Pt 11 (ss 22, 24, 26 & 27)—1.7.2017; (ss 23 & 25)—12.12.2017: s 2(1), (2) South Australian Employment Tribunal (Miscellaneous) Amendment Act 2018 Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cll 83 to 85)—1.1.2021 (Gazette 10.12.2020 p5638) South Australian Employment Tribunal (Costs) Amendment Act 2021 11.2.2021 Statutes Amendment (South Australian Employment Tribunal) Act 2024 5.9.2024 Pt 5 (s 50)—31.10.2024; ss 42 to 49 & 51 to 56—1.12.2024 (Gazette 31.10.2024 p4038) Fair Work (Registered Associations) Amendment Act 2024 14.11.2024 Sch 1 (cl 1)—uncommenced Fair Work (Worker Entitlements) Amendment Act 2025 30.10.2025 Sch 1 (cll 1 & 2)—1.1.2026 (Gazette 11.12.2025 p4823) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 s 3(1) Commissioner inserted by 63/2016 s 4(1) conciliation officer deleted by 63/2016 s 4(1) decision inserted by 63/2016 s 4(1) Department substituted by 63/2016 s 4(2) Industrial Relations Court deleted by 63/2016 s 4(3) relevant Act amended by 70/2017 s 22 Tribunal amended by 63/2016 s 4(4) s 4 s 4(1) s 4 redesignated as s 4(1) by 70/2017 s 23 amended by 42/2018 s 3 s 4(2) inserted by 70/2017 s 23 Pt 2 Pt 2 Div 1 s 5 s 5(1) s 5 redesignated as s 5(1) by 63/2016 s 5 s 5(2)—(4) inserted by 63/2016 s 5 s 6 substituted by 63/2016 s 6 s 6(2) amended by 26/2024 s 42(1) s 6(2a) inserted by 26/2024 s 42(2) note inserted by 43/2025 Sch 1 cl 1 1.1.2026 s 6A inserted by 63/2016 s 6 s 6A(4) amended by 2/2021 s 4 s 6A(6) amended by 26/2024 s 43 s 6AB inserted by 42/2018 s 4 s 6B inserted by 63/2016 s 6 s 7A inserted by 63/2016 s 7 Pt 2 Div 3 Pt 2 Div 3 Subdiv 1 s 9 amended by 63/2016 s 8(1), (2) Pt 2 Div 3 Subdiv 2 s 10 substituted by 63/2016 s 9 s 12 s 12(1) amended by 63/2016 s 10(1) s 12(2) and (3) substituted by 63/2016 s 10(2) s 12(4)—(6) inserted by 63/2016 s 10(2) Pt 2 Div 3 Subdiv3 s 12A inserted by 63/2016 s 11 s 13 substituted by 63/2016 s 12 s 13(13) amended by 26/2024 s 44 Pt 2 Div 3 Subdiv 5 heading substituted by 63/2016 s 13 s 16 s 16(1) amended by 63/2016 s 14(1) s 16(2) amended by 63/2016 s 14(1), (2) s 16(3) amended by 63/2016 s 14(1) s 16(4) amended by 63/2016 s 14(2) s 16(6)—(10) amended by 63/2016 s 14(1) s 17 s 17(1) and (2) amended by 63/2016 s 15(1) s 17(4) and (5) amended by 63/2016 s 15(1)—(3) s 18 s 18(1), (2) and (4) amended by 63/2016 s 16 Pt 2 Div 3A inserted by 63/2016 s 17 Pt 2 Div 4 s 19 s 19(1a) inserted by 63/2016 s 18(1) s 19(3) amended by 63/2016 s 18(2) substituted by 26/2024 s 45(1) s 19(4a) inserted by 26/2024 s 45(2) s 19(5a) inserted by 63/2016 s 18(3) s 20 s 20(3) amended by 63/2016 s 19 s 22 s 22(1) amended by 63/2016 s 20(1) s 22(2) amended by 63/2016 s 20(2) amended by 45/2019 Sch 1 cl 83 s 22(3) amended by 63/2016 s 20(3) Pt 2 Div 5 s 23 deleted by 63/2016 s 21 Pt 2 Div 6 inserted by 63/2016 s 22 Pt 2 Div 7 inserted by 63/2016 s 22 Pt 2 Div 8 inserted by 70/2017 s 24 Pt 3 Pt 3 Div 1 heading inserted by 63/2016 s 23 s 26J inserted by 63/2016 s 24 s 27 s 27(1) substituted by 63/2016 s 25(1) s 27(6) and (7) substituted by 63/2016 s 25(2) Pt 3 Div 2 inserted by 63/2016 s 26 Pt 4 s 32 s 32(1a) inserted by 63/2016 s 27 s 34 s 34(1) amended by 63/2016 s 28(1) s 34(2) substituted by 63/2016 s 28(2) s 43 s 43(5a) inserted by 26/2024 s 46(1) s 43(7) and (8) substituted by 26/2024 s 46(2) s 43(11) amended by 26/2024 s 46(3) s 44 amended by 26/2024 s 47 s 45 s 45(3) inserted by 16/2017 s 4 s 49 s 49(1a) and (1b) inserted by 63/2016 s 29 s 51 s 51(1a) inserted by 43/2025 Sch 1 cl 2 1.1.2026 s 51(2a) inserted by 49/2024 Sch 1 cl 1 uncommenced—not incorporated s 51(4) inserted by 26/2024 s 48 s 52 substituted by 63/2016 s 30 s 53 s 53(1) amended by 63/2016 s 31 s 65 substituted by 26/2024 s 49 Pt 5 Pt 5 Div 1 s 66 s 66(1) substituted by 63/2016 s 32(1) s 66(1a)—(1e) inserted by 63/2016 s 32(1) s 66(2) amended by 63/2016 s 32(2), (3) s 67 substituted by 63/2016 s 33 s 67(6) amended by 26/2024 s 50 31.10.2024 s 68 s 68(1) amended by 63/2016 s 34(1) amended by 45/2019 Sch 1 cl 84(1) s 68(2) amended by 45/2019 Sch 1 cl 84(2) s 68(3) amended by 63/2016 s 34(2) amended by 45/2019 Sch 1 cl 84(3), (4) Pt 5 Div 2 s 69 s 69(4) amended by 63/2016 s 35 s 70 s 70(1) amended by 63/2016 s 36 amended by 45/2019 Sch 1 cl 85(1) s 70(2) amended by 45/2019 Sch 1 cl 85(2) Pt 6 s 72 s 72(4)—(6) inserted by 26/2024 s 51 Pt 7 s 83A inserted by 63/2016 s 37 s 83A(3a) inserted by 26/2024 s 52(1) s 83A(5) amended by 26/2024 s 52(2) s 86 s 86(1) substituted by 26/2024 s 53 s 86(1a)—(1c) inserted by 26/2024 s 53 s 86(3) monetary order inserted by 63/2016 s 38 s 88A inserted by 63/2016 s 39 s 91 substituted by 63/2016 s 40 s 91(2) amended by 26/2024 s 54 ss 91A and 91B inserted by 63/2016 s 40 s 92 s 92(1) amended by 70/2017 s 25(1) amended by 26/2024 s 55 s 92(5) amended by 70/2017 s 25(2) s 93 s 93(2) amended by 70/2017 s 26 Transitional etc provisions associated with Act or amendments Statutes Amendment (South Australian Employment Tribunal) Act 2016 41—Transitional provisions principal Act means the South Australian Employment Tribunal Act 2014; relevant day means the day on which this section comes into operation; Tribunal means the South Australian Employment Tribunal. (2) The person holding office as President of the Tribunal (other than on an acting basis) immediately before the relevant day— (a) will continue to hold that office and will, if not already a judge of the District Court, be appointed as a judge of the District Court by force of this subsection; and (b) will hold office taking into account the operation of section 10(2) of the principal Act, and subject to the operation of section 10(8) of the principal Act, as enacted by this Act. (3) A person holding office as a Deputy President of the Tribunal immediately before the relevant day— (a) will continue to hold that office; and (b) will hold that office subject to the operation of section 13(11) of the principal Act as enacted by this Act— (i) in the case of a judge of the District Court (including as a result of an appointment under subsection (4))—as if the person had been appointed under section 13(1)(a) of the principal Act as enacted by this Act; and (ii) in the case of a magistrate—as if the person had been appointed under section 13(1)(b) of the principal Act as enacted by this Act. (4) A Deputy President of the Tribunal who, immediately before the relevant day— (a) was not a judge of the District Court; and (b) was not a magistrate, will be appointed as a judge of the District Court by force of this subsection. (5) A person who was, immediately before the relevant day, a conciliation officer of the Tribunal will continue in office as a Commissioner of the Tribunal on the same terms and conditions as applied to the person immediately before the relevant day. Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017 27—Transitional provisions decision, of the Industrial Relations Court includes a direction, determination or order of the Industrial Relations Court; decision, of the Tribunal, has the same meaning as in the principal Act; Industrial Relations Court means the Industrial Relations Court as in existence immediately before the commencement of section 69 of the Statutes Amendment (South Australian Employment Tribunal) Act 2016; principal Act means the South Australian Employment Tribunal Act 2014; relevant day means the day on which this section comes into operation; Tribunal means the South Australian Employment Tribunal. (2) A decision (or purported decision) of the Industrial Relations Court made in consequence of Schedule 9 clause 59(1) of the Return to Work Act 2014 in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision of the Tribunal. (3) A right (or purported right) to bring proceedings in consequence of Schedule 9 clause 59(1) of the Return to Work Act 2014 before the relevant day (but not so exercised before that day) will be exercised as if Part 2 Division 8 of the principal Act had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal. (4) Any proceedings that were before (or purportedly before) the Industrial Relations Court in consequence of Schedule 9 clause 59(1) of the Return to Work Act 2014 before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been validly commenced before the Tribunal. (5) The Tribunal may— (a) receive in evidence any transcript of evidence in proceedings before (or purportedly before) the Industrial Relations Court, and draw any conclusions of fact from that evidence that appear proper; and (b) adopt any findings or determinations (or purported findings or determinations) of the Industrial Relations Court that may be relevant to proceedings before the Tribunal; and (c) adopt any determination (or purported determination), or make any determination, in relation to proceedings before (or purportedly before) the Industrial Relations Court before the relevant day (including so as to make a determination in relation to proceedings fully heard, or purportedly fully heard, before the relevant day); and (d) take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section. (6) Nothing in this section affects a right of appeal to the Supreme Court against a decision, direction or order of the Full Court of the Industrial Relations Court made or given (or purportedly made or given) before the relevant day. (7) A reference in any instrument or agreement made (or purportedly made) in consequence of Schedule 9 clause 59(1) of the Return to Work Act 2014 to the Industrial Relations Court will, unless the context otherwise requires, be taken to be a reference to the Tribunal. Statutes Amendment (South Australian Employment Tribunal) Act 2024 56—Transitional provisions (1) Section 6A of the principal Act, as amended by section 43 of this Act, applies in relation to proceedings commenced in the South Australian Employment Court after the commencement of section 43 of this Act. (2) Section 19(3) of the principal Act, as substituted by section 45(1) of this Act, applies in relation to proceedings commenced before a Full Bench of the South Australian Employment Tribunal after the commencement of section 45(1) of this Act. (3) Section 19(4a) of the principal Act, as inserted by section 45(2) of this Act, applies in relation to proceedings commenced before the South Australian Employment Tribunal after the commencement of section 45(2) of this Act. (4) Section 51(4) of the principal Act, as inserted by section 48 of this Act, applies, on and from the commencement of section 48 of this Act, to any proceedings regardless of when the communication or document referred to in section 51(4) occurred or was created (as the case requires). (5) Section 65 of the principal Act, as substituted by section 49 of this Act, applies, on and from the commencement of section 49 of this Act, to any proceedings regardless of whether the proceedings were commenced before or after that commencement. (6) Section 72(4) and (5) of the principal Act, as inserted by section 51 of this Act, apply to an exercise of administrative power occurring after the commencement of section 51 of this Act. (7) In this section— principal Act means the South Australian Employment Tribunal Act 2014. Historical versions 31.10.2024