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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (SACAT)
Bill 2014
A BILL FOR
An Act to amend the Advance
Care Directives Act 2013; the Aged
and Infirm Persons' Property Act 1940; the Community
Housing Providers (National Law) (South Australia) Act 2013; the
Consent
to Medical Treatment and Palliative Care Act 1995; the First
Home and Housing Construction Grants Act 2000; the Freedom
of Information Act 1991; the Guardianship
and Administration Act 1993; the Intervention
Orders (Prevention of Abuse) Act 2009; the Mental
Health Act 2009; the Public
Sector Act 2009; the Residential
Parks Act 2007; the Residential
Tenancies Act 1995; the Retirement
Villages Act 1987; the South
Australian Civil and Administrative Tribunal Act 2013 and the South
Australian Housing Trust Act 1995.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment provisions
Part 2—Amendment of Advance Care
Directives Act 2013
4Amendment of section
3—Interpretation
5Amendment of section 27—Substitute
decision-maker may renounce appointment
6Amendment of section
31—Tribunal to be advised of wish for revocation
7Amendment of section
32—Revoking advance care directives where person not competent
8Amendment
of section 45—Resolution of disputes by Public Advocate
9Amendment
of section 46—Public Advocate may refer matter to Tribunal
10Insertion
of section 46A
46APublic
Advocate may refer question of law to Supreme Court
11Substitution of heading to Part 7
Division 3
Division 3—Resolution of disputes by
Tribunal
12Amendment of section 47—Tribunal to give
priority to wishes of person who gave advance care directive
13Amendment
of section 48—Resolution of disputes by Tribunal
14Amendment of section
49—Tribunal may refer matter to Public Advocate
15Amendment of section
50—Failing to comply with direction of Tribunal
16Amendment of section
51—Orders of Tribunal in relation to substitute decision-makers
17Substitution of heading to Part 7 Division
4
Division 4—Urgent review by Supreme
Court of substitute decision-maker's decision
18Substitution of Part 7
Division 5
Division 5—Reviews and
appeals
53Reviews and
appeals
19Insertion of Part 7A
Part 7A—Special provisions relating to
Tribunal
54Tribunal must
give notice of proceedings
54AReasons for
decisions
54BRepresentation of person who is subject of
proceedings
20Transitional provisions
Part 3—Amendment of Aged and Infirm
Persons' Property Act 1940
21Amendment of section
30—Relationship between this Act and Guardianship and Administration
Act 1993
22Transitional provision
Part 4—Amendment of Community Housing
Providers (National Law) (South Australia) Act 2013
23Amendment
of section 3—Interpretation
24Amendment of section 5—Meaning of
certain terms in Community Housing Providers (National Law) for the purposes
of this jurisdiction
25Repeal of section 14
26Amendment of section
25—Appeals
27Amendment of Schedule 2—Internal
disputes
28Amendment of Schedule 3—Repeal, related
amendments and transitional provisions
29Transitional provisions
Part 5—Amendment of Consent to
Medical Treatment and Palliative Care Act 1995
30Amendment
of section 4—Interpretation
31Amendment of section
14—Interpretation
32Substitution of heading to Part
3A
Part 3A—Dispute resolution, reviews and
appeals
33Amendment of section
18A—Interpretation
34Amendment of section 18C—Resolution of
disputes by Public Advocate
35Amendment of section 18D—Public Advocate
may refer matter to Tribunal
36Insertion of section
18DA
18DAPublic Advocate may
refer question of law to Supreme Court
37Substitution of heading
to Part 3A Division 3
Division 3—Resolution of disputes by
Tribunal
38Amendment of section 18E—Resolution of
disputes by Tribunal
39Amendment of section 18F—Tribunal may
refer matter to Public Advocate
40Amendment of section 18G—Failing to
comply with direction of Tribunal
41Substitution of Part 3A Division
4
Division 4—Reviews and
appeals
18HReviews and
appeals
42Insertion of Part 3B
Part 3B—Special provisions relating to
Tribunal
18ITribunal must
give notice of proceedings
18JReasons for
decisions
18KRepresentation of person who is subject of
proceedings
43Transitional provisions
Part 6—Amendment of First Home and
Housing Construction Grants Act 2000
44Substitution of heading
to Part 2 Division 6
Division 6—Objections and
reviews
45Insertion of section
27A
27AObjection not to stay
proceedings based on relevant decision
46Substitution of section
28
28Reviews
47Repeal of sections 29 and
30
48Transitional provisions
Part 7—Amendment of Freedom of
Information Act 1991
49Amendment of section
4—Interpretation
50Substitution of heading to Part 5 Division
2
Division 2—Reviews by SACAT
51Amendment
of section 40—Reviews by SACAT
52Amendment of section
41—Consideration of restricted documents
53Amendment of section
42—Disciplinary actions
54Transitional provisions
Part 8—Amendment of Guardianship and
Administration Act 1993
55Amendment of section
3—Interpretation
56Amendment of section 5—Principles to be
observed
57Repeal of Part 2 Divisions 1 and 2
58Amendment
of section 28—Investigations by Public Advocate
59Amendment of section
29—Guardianship orders
60Amendment of section 30—Variation or
revocation of guardianship order
61Amendment of section 31—Powers of
guardian
62Amendment of section 31A—Guardian to
give effect to advance care directive
63Amendment of section 32—Special
powers to place and detain etc protected persons
64Amendment of section
33—Applications under this Division
65Amendment of section
35—Administration orders
66Amendment of section 36—Variation or
revocation of administration order
67Amendment of section
37—Applications under this Division
68Amendment of section 38—Copy
of order must be forwarded to Public Trustee
69Amendment of section
39—Powers and duties of administrator
70Amendment of section
40—Administrator's access to wills and other records
71Amendment
of section 41—Power of administrator to continue to act after death etc of
protected person
72Amendment of section 42—Power of
administrator to avoid dispositions and contracts of protected person
73Amendment
of section 44—Reporting requirements for private administrators
74Amendment
of section 45—Reporting by Public Trustee
75Amendment of section
46—Remuneration of professional administrators
76Amendment of section
49—Withdrawal of applications
77Amendment of section 50—Criteria
for determining suitability for appointment
78Repeal of section 53
79Amendment
of section 54—Termination of appointment
80Amendment of section
55—Tribunal must give statement of appeal rights
81Amendment of section
56—Restriction of testamentary capacity of protected person
82Amendment
of section 57—Review of Tribunal's orders
83Amendment of section
61—Prescribed treatment not to be carried out without Tribunal's
consent
84Amendment of section 63—Tribunal's
consent must be in writing
85Substitution of Part 6
Part 6—Reviews and
appeals
64Review and
appeals
65Representation on reviews or
appeals
Part 6A—Special provisions relating to
Tribunal
66Tribunal must
give notice of proceedings
67Reasons for
decisions
68Representation of person who is subject of
proceedings
69Tribunal may require reports
86Amendment
of section 74—Tribunal may give advice, direction or approval
87Substitution of section
82
82Service of
notices
88Repeal of section 84
89Transitional provisions
Part 9—Amendment of Intervention
Orders (Prevention of Abuse) Act 2009
90Amendment of section
25—Tenancy order
Part 10—Amendment of Mental Health
Act 2009
91Amendment of section
3—Interpretation
92Amendment of section 7—Guiding
principles
93Amendment of section 11—Chief
Psychiatrist to be notified of level 1 orders or their variation or
revocation
94Amendment of section 15—Tribunal to
review level 1 orders
95Amendment of section 16—Level 2
community treatment orders
96Amendment of section 17—Chief
Psychiatrist to be notified of level 2 orders or their variation or
revocation
97Amendment of section 22—Chief
Psychiatrist to be notified of level 1 orders or their
revocation
98Amendment of section 26—Notices and
reports relating to level 2 orders
99Amendment of section
29—Level 3 inpatient treatment orders
100Amendment of section
30—Chief Psychiatrist to be notified of level 3 orders or their
variation or revocation
101Amendment of section 42—ECT
102Amendment of section 43—Neurosurgery
for mental illness
103Amendment of section 46—Copies of
Tribunal's orders, decisions and statements of rights to be given
104Amendment of section 48—Patients'
right to communicate with others outside treatment centre
105Amendment of section 70—Transfer from
South Australian treatment centres
106Repeal of heading to Part 11 Division
1
107Amendment of section 79—Reviews of
treatment orders and other matters
108Amendment of section 80—Decisions
and reports on reviews of treatment orders
109Repeal of heading to Part 11
Division 2
110Amendment of section 81—Reviews of
orders (other than Tribunal orders)
111Repeal of section 82
112Amendment of section 83—Review of
directions for transfer of patients to interstate treatment centres
113Substitution of sections 84 and
85
83AReviews and
appeals
84Representation on reviews or
appeals
Part 11A—Special provisions relating to
Tribunal
85Tribunal must
give notice of proceedings
85AReasons for
decisions
85BRepresentation of person who is subject of
proceedings
114Amendment of section 101—Errors in
orders etc
115Amendment of section 107—Prohibition
of publication of reports of proceedings
116Amendment of section
108—Requirements for notice to Tribunal or Chief Psychiatrist
117Transitional provisions
Part 11—Amendment of Public Sector
Act 2009
118Amendment of section
3—Interpretation
119Amendment of section 25—Public Service
employees
120Amendment of section
49—Remuneration
121Amendment of section 62—External
review
122Substitution of Schedule 2
Schedule
2—Special provisions relating to Tribunal
1Panels of nominees
2Constitution of Tribunal and other
matters
123Transitional provisions
Part 12—Amendment of Residential
Parks Act 2007
124Amendment of section
3—Interpretation
125Amendment of section 87—Enforcement of
orders for possession
126Substitution of heading to Part
11
127Repeal of Part 11 Divisions 1 and
2
128Amendment of section 103—Jurisdiction
of Tribunal
129Repeal of section 104
130Substitution of heading to Part 11 Division
4
131Repeal of sections 105 to 109
132Amendment of section
110—Representation of parties in mediation
133Repeal of section
111
134Substitution of Part 11 Division
6
Division 6—Amendment of
proceedings
113Amendment of
proceedings
135Amendment of section 117—Special
powers to make orders
136Repeal of section 120
137Amendment of section
121—Application to vary or set aside order
138Repeal of section
122
139Substitution of section
123
123Reasons for
decisions
123ATime
for application for review or instituting appeal
140Repeal of Part 11
Division 9
141Amendment of section
126—Representation in proceedings before Tribunal
142Repeal
of Part 11 Division 11
143Transitional provisions
Part 13—Amendment
of Residential Tenancies Act 1995
144Amendment of section
3—Interpretation
145Amendment of section 5—Application of
Act
146Substitution of heading to Part 3
147Repeal
of Part 3 Divisions 1 and 2
148Amendment of section 24—Jurisdiction
of Tribunal
149Substitution of
section 25
25Application to
Tribunal
25ARegistrar may make orders in certain
cases
150Substitution of heading to Part 3 Division
5
151Repeal of section 31
152Amendment of section 32—Intervention
of designated housing agency
153Substitution of section
33
33Amendment of
proceedings
154Substitution of heading to Part 3 Division
7
155Amendment of section 35—Special powers
to make orders
156Repeal of section 36
157Amendment of section 37—Application to
vary or set aside order
158Repeal of section 38
159Substitution of
section 39
39Reasons for
decisions
39ATime
for application for review or instituting appeal
160Repeal
of Part 3 Divisions 9 and 10
161Substitution of heading to Part 5 Division
8
162Repeal of section 98
163Amendment of section 99—Enforcement of
orders for possession
164Amendment of section 101—Application
of income
165Amendment of section
106—Definitions
166Amendment of section 107—Conciliation
of dispute by Commissioner
167Repeal of Part 8 Division 1 Subdivision
3
168Amendment of section 108A—Functions of
Commissioner in conciliation of dispute
169Amendment of section
108B—Procedure
170Amendment of section
113—Representation
171Amendment of section 114—Remuneration
of representative
172Transitional provisions
Part 14—Amendment of Retirement
Villages Act 1987
173Amendment of section
3—Interpretation
174Amendment of section 31—Termination of
residents' rights
175Amendment of section 32—Resolution of
disputes
176Repeal of section 39
177Amendment of Schedule 1—Proceedings
before Tribunal
178Transitional provisions
Part 15—Amendment of South
Australian Civil and Administrative Tribunal Act 2013
179Amendment of section 33—Original
jurisdiction
180Amendment of section 34—Decisions
within review jurisdiction
181Amendment of section 39—Principles
governing hearings
182Amendment of section 43—Practice and
procedure generally
183Amendment of section
53—Parties
184Amendment of section 70—Internal
reviews
185Amendment of section
71—Appeals
186Amendment of section
79—Immunities
187Insertion of section
89A
89ABailiffs
188Amendment of section
92—Annual report
189Insertion of section
93A
93ADisrupting
proceedings of Tribunal
190Amendment of section
95—Regulations
Part 16—Amendment
of South Australian Housing Trust Act 1995
191Amendment of section
32A—Interpretation
192Repeal of section 32B
193Amendment of section
32D—Appeals
194Transitional
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (SACAT)
Act 2014.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Advance Care Directives
Act 2013
4—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of binding
provision insert:
decision, of the Tribunal, has the same meaning as in the
South
Australian Civil and Administrative Tribunal Act 2013;
(2) Section 3(1), definition of Guardianship
Board—delete the definition
(3) Section 3(1)—after the definition of impaired
decision-making capacity insert:
internal review means a review under section 70 of the
South
Australian Civil and Administrative Tribunal Act 2013;
(4) Section 3(1)—after the definition of substitute
decision-maker insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
5—Amendment
of section 27—Substitute decision-maker may renounce
appointment
Section 27(3)—delete "Guardianship Board" and substitute:
Tribunal
6—Amendment
of section 31—Tribunal to be advised of wish for
revocation
(1) Section 31—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
(2) Section 31—after subsection (5) insert:
(6) For the purposes of the South
Australian Civil and Administrative Tribunal Act 2013, a review
under this section will be taken to come within the Tribunal's original
jurisdiction.
7—Amendment
of section 32—Revoking advance care directives where person not
competent
(1) Section 32—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
(2) Section 32(4)(b)—delete paragraph (b)
8—Amendment
of section 45—Resolution of disputes by Public
Advocate
(1) Section 45—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
(2) Section 45(10)—delete "Guardianship
and Administration Act 1993" and substitute:
South
Australian Civil and Administrative Tribunal Act 2013
9—Amendment
of section 46—Public Advocate may refer matter to
Tribunal
Section 46(1)—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
After section 46 insert:
46A—Public Advocate may refer question of law to
Supreme Court
The Public Advocate may refer any question of law for the opinion of the
Supreme Court.
11—Substitution
of heading to Part 7 Division 3
Heading to Part 7 Division 3—delete the heading and
substitute:
Division 3—Resolution of disputes by
Tribunal
12—Amendment
of section 47—Tribunal to give priority to wishes of person who gave
advance care directive
(1) Section 47—delete "Guardianship Board" first occurring and
substitute:
Tribunal
(2) Section 47(b)—delete paragraph (b)
13—Amendment
of section 48—Resolution of disputes by Tribunal
(1) Section 48—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
(2) Section 48(2)—delete subsection (2) and substitute:
(2) For the purposes of the South
Australian Civil and Administrative Tribunal
Act 2013—
(a) a review contemplated by subsection (1)(a) will be taken to come
within the Tribunal's review jurisdiction; and
(b) a declaration or direction contemplated by subsection (1)(b) will
be taken to come within the Tribunal's original jurisdiction.
(3) Section 48(6) and (7)—delete subsections (6) and (7) and
substitute:
(6) Section 51 of the South
Australian Civil and Administrative Tribunal Act 2013 does not
apply to, or in relation to, proceedings under this section.
(4) Section 48(9)—delete subsection (9)
14—Amendment
of section 49—Tribunal may refer matter to Public
Advocate
Section 49—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
15—Amendment
of section 50—Failing to comply with direction of
Tribunal
Section 50(1)—delete "Guardianship Board under this Division" and
substitute:
Tribunal under section 48
16—Amendment
of section 51—Orders of Tribunal in relation to substitute
decision-makers
(1) Section 51—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
(2) Section 51(3) and (4)—delete subsections (3) and (4)
17—Substitution
of heading to Part 7 Division 4
Heading to Part 7 Division 4—delete the heading and
substitute:
Division 4—Urgent review by Supreme Court of
substitute decision-maker's decision
18—Substitution
of Part 7 Division 5
Part 7 Division 5—delete Division 5 and substitute:
Division 5—Reviews and appeals
53—Reviews and appeals
The following provisions operate in connection with the application of
Part 5 of the South
Australian Civil and Administrative Tribunal Act 2013 in relation
to this Act:
(a) a decision of
the Tribunal not to authorise publication of a report of proceedings before the
Tribunal may not be the subject of an application for internal review;
(b) subject to
paragraph (a),
an application for internal review may be made by—
(i) the applicant in proceedings before the Tribunal in the exercise of
its original jurisdiction (within the meaning of the South
Australian Civil and Administrative Tribunal Act 2013) for the
purposes of this Act; or
(ii) a person to whom the proceedings relate (if not the applicant under
paragraph (a));
or
(iii) the Public Advocate; or
(iv) any person who presented evidence or material before, or made
submissions to, the Tribunal in the relevant proceedings; or
(v) any other person who satisfies the Tribunal that he or she has a
proper interest in the matter;
(c) the person to whom an application for internal review relates (if he
or she is not the applicant) will be a party to those proceedings;
(d) the Tribunal may make an order for costs against a party to
proceedings for internal review, but only if the Tribunal is satisfied that the
institution of the proceedings, or the party's conduct in relation to the
proceedings, was frivolous, vexatious or calculated to cause delay;
(e) an appeal under section 71 of the South
Australian Civil and Administrative Tribunal Act 2013 must be
instituted within 14 days—
(i) after the making of the decision to which the appeal relates;
or
(ii) after being furnished with the reasons for that decision,
whichever is the later (but the Supreme Court may, if it is satisfied that
it is just and reasonable in the circumstances to do so, dispense with the
requirement that the appeal should be instituted within that period (even if the
time for instituting the appeal has expired));
(f) no order for costs may be made against an applicant in an appeal under
section 71 of the South
Australian Civil and Administrative Tribunal Act 2013 if he or she
is the person to whom the decision appealed against relates.
Before Part 8 insert:
Part 7A—Special provisions relating to
Tribunal
54—Tribunal must give notice of
proceedings
(1) Tribunal must
give the following persons reasonable notice of the time and place of the
hearings of proceedings before the Tribunal:
(a) the applicant;
(b) the person to whom the proceedings relate;
(c) the Public Advocate;
(d) such other persons as the Tribunal considers have a proper interest in
the matter.
(2) Despite
subsection (1)—
(a) the Tribunal is not obliged to give notice of proceedings to a person
if the person's whereabouts cannot, after reasonable enquiries, be ascertained;
and
(b) the Tribunal may, if satisfied that urgent action is required in
proceedings before the Tribunal, make an order (or any other decision) as a
matter of urgency without complying with
subsection (1),
with effect as follows:
(i) in the case of an order under section 32(1)—for a period
not exceeding 14 days as directed by the Tribunal;
(ii) in any other case—for a period not exceeding 21 days as
directed by the Tribunal.
54A—Reasons for decisions
The Tribunal must, on request by a person who has a right of internal
review of a decision of the Tribunal or who satisfies the Tribunal that he or
she has a proper interest in the matter, furnish the person with a written
statement of the Tribunal's reasons for the decision, but not—
(a) if the request is made after the period for the review has expired;
or
(b) if a review has been instituted—after the review has been
decided.
54B—Representation of person who is subject of
proceedings
(1) A person who is
the subject of proceedings before the Tribunal is entitled to appear before the
Tribunal by—
(a) the Public Advocate; or
(b) except in the case of an internal review—by a recognised
advocate.
(2)
Subsection (1)
applies in addition to section 56(1) of the South
Australian Civil and Administrative Tribunal Act 2013.
(3) In this section—
recognised advocate means a person who is, by instrument in
writing, recognised by the Tribunal as a person who is qualified to act as an
advocate in proceedings before the Tribunal for the person to whom the
proceedings relate.
(1) In this section—
Guardianship Board means the Guardianship Board established
under the
Guardianship
and Administration Act 1993;
principal Act means the Advance
Care Directives Act 2013;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
(2) A right to make any application or referral, or to seek a review,
under the principal Act with respect to any matter in existence before the
relevant day, with the effect that the relevant proceedings would have been
commenced before the Guardianship Board, will be exercised as if this Part had
been in operation before the right arose, so that the relevant proceedings may
be commenced instead before the Tribunal.
(3) Any proceedings before the Guardianship Board under the principal Act
immediately 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 commenced before the Tribunal.
(4) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Guardianship Board, and draw any conclusions of fact from that evidence that
appear proper; and
(b) adopt any findings or determinations of the Guardianship Board that
may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision (including a decision in the nature of a
permission), direction or order in relation to proceedings before the
Guardianship Board before the relevant day (including so as to make a decision
or give a permission, direction or order, in relation to proceedings 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.
(5) Nothing in this
section affects a right to appeal to the Administrative and Disciplinary
Division of the District Court against a decision, direction or order of the
Guardianship Board made or given before the relevant day.
Part 3—Amendment
of Aged and Infirm Persons' Property
Act 1940
21—Amendment
of section 30—Relationship between this Act and
Guardianship and Administration
Act 1993
Section 30—delete "Guardianship Board" wherever occurring and
substitute in each case:
South Australian Civil and Administrative Tribunal
(1) In this section—
Guardianship Board means the Guardianship Board established
under the
Guardianship
and Administration Act 1993;
principal Act means the Aged
and Infirm Persons' Property Act 1940;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
(2) A notice with respect to a protection order made before the relevant
day that has not been forwarded to the Guardianship Board under
section 30(1) of the principal Act by the relevant day will instead be
forwarded to the Tribunal.
Part 4—Amendment
of Community Housing Providers (National Law)
(South Australia) Act 2013
23—Amendment
of section 3—Interpretation
Section 3(2), definition of District Court—delete the
definition
24—Amendment
of section 5—Meaning of certain terms in
Community Housing Providers (National Law)
for the purposes of this jurisdiction
Section 5(1), definition of Appeal Tribunal—delete the
definition and substitute:
Appeal Tribunal means the South Australian Civil and
Administrative Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013;
Section 14—delete the section
26—Amendment
of section 25—Appeals
Section 25(1)—delete "District Court" and substitute:
Appeal Tribunal
27—Amendment
of Schedule 2—Internal disputes
(1) Schedule 2, clause 1, definition of Appeal
Tribunal—delete the definition and substitute:
Appeal Tribunal means the South Australian Civil and
Administrative Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
(2) Schedule 2, clause 2(3)(a)—delete "must" and
substitute:
may
(3) Schedule 2, clause 2(3)(a)(i)—delete
subparagraph (i)
(4) Schedule 2, clause 3—delete clause 3
(5) Schedule 2, clause 4(1)—delete subclause (1)
(6) Schedule 2, clauses 4(4) to (7)—delete subclauses (4)
to (7) (inclusive)
(7) Schedule 2, clause 4—after subclause (8) insert:
(9) Section 71 of the South
Australian Civil and Administrative Tribunal Act 2013 does not
apply to or in relation to a decision of the Appeal Tribunal under this
Schedule.
28—Amendment
of Schedule 3—Repeal, related amendments and transitional
provisions
(1) Schedule 3, Part 4, clause 14(1)—after the definition of
transitional period insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013;
(2) Schedule 3, Part 4, clause 15—after subclause (14)
insert:
(14a) Subclause (14) operates subject to the qualification that a right to
make an application to the Housing Appeal Panel under Part 11 of the SACCH
Act will be taken instead to be a right to make an application to the Tribunal
and, accordingly, that Part will apply—
(a) as if a reference to the Housing Appeal Panel (or to the Appeal
Panel) were a reference to the Tribunal; and
(b) as if an application to the Tribunal were to be made in the manner and
form applying under the South
Australian Civil and Administrative Tribunal Act 2013 rather than
under section 84(2) of the SACCH Act; and
(c) as if section 84(9)(c)(i) did not apply (but rather as if the
relevant sections of the South
Australian Civil and Administrative Tribunal Act 2013 applied
instead); and
(d) subject to any other necessary modifications or any directions of the
President of the Tribunal.
(14b) In addition, any proceedings before the Housing Appeal Panel under
Part 11 of the SACCH Act immediately before the commencement of this
subclause 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 commenced before the Tribunal (subject to the same provisions that apply
under subclause (14a)(a), (c) and (d)).
(14c) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Housing Appeal Panel, and draw any conclusions of fact from that evidence
that appear proper; and
(b) adopt any findings or determinations of the Housing Appeal Panel that
may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision, direction or order in relation to
proceedings before the Housing Appeal Panel before the commencement of this
subclause (including so as to make a decision, direction or order in relation to
proceedings fully heard by the Housing Appeal Panel before the commencement of
this subclause); and
(d) take other steps to promote or ensure the smoothest possible
transition from 1 jurisdiction to another in connection with the operation
of subclause (14b).
(3) Schedule 3, Part 4, clause 16—after subclause (6)
insert:
(6a) To avoid doubt, subclause (6) operates subject to the
qualification that clause 14 of Schedule 1 of the SACCH Act will apply
subject to clause 15(14a) to (14c) (inclusive) of this
Schedule.
(1) In this section—
Appeal Panel means the Housing Appeal Panel established under
the
South
Australian Housing Trust Act 1995;
principal Act means the Community
Housing Providers (National Law) (South Australia)
Act 2013;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
(2) A decision, direction or order of the Appeal Panel under the principal
Act in force immediately before the relevant day will, on and from the relevant
day, be taken to be a decision, direction or order of the Tribunal.
(3) A right to make any application or to seek a review under the
principal Act with respect to any matter in existence before the relevant day,
with the effect that the relevant proceedings would have been commenced before
the Appeal Panel, will be exercised as if this Part had been in operation before
the right arose, so that the relevant proceedings may be commenced instead
before the Tribunal.
(4) Any proceedings before the Appeal Panel under the principal Act
immediately 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 commenced before the Tribunal.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Appeal Panel, and draw any conclusions of fact from that evidence that
appear proper; and
(b) adopt any findings or determinations of the Appeal Panel that may be
relevant to proceedings before the Tribunal; and
(c) adopt or make any decision, direction or order in relation to
proceedings before the Appeal Panel before the relevant day (including so as to
make a decision, direction or order in relation to proceedings 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 to appeal to the Supreme Court against a decision of the
Appeal Panel made or given before the relevant day (as the right existed under
section 14(4) of the principal Act before its amendment by this
Act).
Part 5—Amendment
of Consent to Medical Treatment and Palliative
Care Act 1995
30—Amendment
of section 4—Interpretation
(1) Section 4—after the definition of child
insert:
decision, of the Tribunal, has the same meaning as in the
South
Australian Civil and Administrative Tribunal Act 2013;
(2) Section 4, definition of Guardianship Board—delete
the definition
(3) Section 4—after the definition of impaired decision-making
capacity insert:
internal review means a review under section 70 of the
South
Australian Civil and Administrative Tribunal Act 2013;
(4) Section 4, definition of Public Advocate—delete
the definition and substitute:
Public Advocate means the person holding or acting in the
office of Public Advocate under the
Guardianship
and Administration Act 1993;
(5) Section 4—after the definition of terminal phase
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
31—Amendment
of section 14—Interpretation
(1) Section 14(1), definition of person responsible,
(e)—delete "Guardianship Board" wherever occurring and substitute in each
case:
Tribunal
(2) Section 14(1), definition of person responsible,
(e)(iii)—delete "Board" and substitute:
Tribunal
32—Substitution
of heading to Part 3A
Heading to Part 3A—delete the heading and substitute:
Part 3A—Dispute resolution, reviews and
appeals
33—Amendment
of section 18A—Interpretation
Section 18A, definition of eligible person, (d)—after "Public
Advocate" insert:
or Tribunal (as the case requires)
34—Amendment
of section 18C—Resolution of disputes by Public
Advocate
(1) Section 18C—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
(2) Section 18C(8)—delete "Guardianship
and Administration Act 1993" and substitute:
South
Australian Civil and Administrative Tribunal Act 2013
35—Amendment
of section 18D—Public Advocate may refer matter to
Tribunal
Section 18D(1)—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
After section 18D insert:
18DA—Public Advocate may refer question of law to
Supreme Court
The Public Advocate may refer any question of law for the opinion of the
Supreme Court.
37—Substitution
of heading to Part 3A Division 3
Heading to Part 3A Division 3—delete the heading and
substitute:
Division 3—Resolution of disputes by
Tribunal
38—Amendment
of section 18E—Resolution of disputes by Tribunal
(1) Section 18E—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
(2) Section 18E(2) and (3)—delete subsections (2) and (3)
(3) Section 18E(7)—delete subsection (7) and substitute:
(7) Section 51 of the South
Australian Civil and Administrative Tribunal Act 2013 does not
apply to, or in relation to, proceedings under this section.
(4) Section 18E(10)—delete subsection (10) and substitute:
(10) Subject to this Act, the Tribunal may conduct a review under this
section in such manner as it thinks fit.
39—Amendment
of section 18F—Tribunal may refer matter to Public
Advocate
Section 18F—delete "Guardianship Board" wherever occurring and
substitute in each case:
Tribunal
40—Amendment
of section 18G—Failing to comply with direction of
Tribunal
Section 18G(1)—delete "Guardianship Board under this Division" and
substitute:
Tribunal under section 18E
41—Substitution
of Part 3A Division 4
Part 3A Division 4—delete Division 4 and substitute:
Division 4—Reviews and appeals
18H—Reviews and appeals
The following provisions operate in connection with the application of
Part 5 of the South
Australian Civil and Administrative Tribunal Act 2013 in relation
to this Act:
(a) a decision of
the Tribunal not to authorise publication of a report of proceedings before the
Tribunal may not be the subject of an application for internal review;
(b) subject to
paragraph (a),
an application for internal review may be made by—
(i) the applicant in proceedings before the Tribunal in the exercise of
its original jurisdiction (within the meaning of the South
Australian Civil and Administrative Tribunal Act 2013) for the
purposes of this Act; or
(ii) a person to whom the proceedings relate (if not the applicant under
paragraph (a));
or
(iii) the Public Advocate; or
(iv) any person who presented evidence or material before, or made
submissions to, the Tribunal in the relevant proceedings; or
(v) any other person who satisfies the Tribunal that he or she has a
proper interest in the matter;
(c) the person to whom an application for internal review relates (if he
or she is not the applicant) will be a party to those proceedings;
(d) the Tribunal may make an order for costs against a party to
proceedings for internal review, but only if the Tribunal is satisfied that the
institution of the proceedings, or the party's conduct in relation to the
proceedings, was frivolous, vexatious or calculated to cause delay;
(e) an appeal under section 71 of the South
Australian Civil and Administrative Tribunal Act 2013 must be
instituted within 14 days—
(i) after the making of the decision to which the appeal relates;
or
(ii) after being furnished with the reasons for that decision,
whichever is the later (but the Supreme Court may, if it is satisfied that
it is just and reasonable in the circumstances to do so, dispense with the
requirement that the appeal should be instituted within that period (even if the
time for instituting the appeal has expired));
(f) no order for costs may be made against an applicant in an appeal under
section 71 of the South
Australian Civil and Administrative Tribunal Act 2013 if he or she
is the person to whom the decision appealed against relates.
Before Part 4 insert:
Part 3B—Special provisions relating to
Tribunal
18I—Tribunal must give notice of
proceedings
(1) The Tribunal
must give the following persons reasonable notice of the time and place of the
hearings of proceedings before the Tribunal:
(a) the applicant;
(b) the person to whom the proceedings relate;
(c) the Public Advocate;
(d) such other persons as the Tribunal considers have a proper interest in
the matter.
(2) Despite
subsection (1)—
(a) the Tribunal is not obliged to give notice of proceedings to a person
if the person's whereabouts cannot, after reasonable enquiries, be ascertained;
and
(b) the Tribunal may, if satisfied that urgent action is required in
proceedings before the Tribunal, make an order (or any other decision) as a
matter of urgency without complying with
subsection (1),
with effect for a period not exceeding 21 days as directed by the
Tribunal.
18J—Reasons for decisions
The Tribunal must, on request by a person who has a right of internal
review of a decision of the Tribunal or who satisfies the Tribunal that he or
she has a proper interest in the matter, furnish the person with a written
statement of the Tribunal's reasons for the decision, but not—
(a) if the request is made after the period for the review has expired;
or
(b) if a review has been instituted—after the review has been
decided.
18K—Representation of person who is subject of
proceedings
(1) A person who is
the subject of proceedings before the Tribunal is entitled to appear before the
Tribunal by—
(a) the Public Advocate; or
(b) except in the case of an internal review—by a recognised
advocate.
(2)
Subsection (1)
applies in addition to section 56(1) of the South
Australian Civil and Administrative Tribunal Act 2013.
(3) In this section—
recognised advocate means a person who is, by instrument in
writing, recognised by the Tribunal as a person who is qualified to act as an
advocate in proceedings before the Tribunal for the person to whom the
proceedings relate.
(1) In this section—
Guardianship Board means the Guardianship Board established
under the
Guardianship
and Administration Act 1993;
principal Act means the Consent
to Medical Treatment and Palliative Care Act 1995;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
(2) A right to make any application or referral, or to seek a review,
under the principal Act with respect to any matter in existence before the
relevant day, with the effect that the relevant proceedings would have been
commenced before the Guardianship Board, will be exercised as if this Part had
been in operation before the right arose, so that the relevant proceedings may
be commenced instead before the Tribunal.
(3) Any proceedings before the Guardianship Board under the principal Act
immediately 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 commenced before the Tribunal.
(4) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Guardianship Board, and draw any conclusions of fact from that evidence that
appear proper; and
(b) adopt any findings or determinations of the Guardianship Board that
may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision (including a decision in the nature of a
declaration), direction or order in relation to proceedings before the
Guardianship Board before the relevant day (including so as to make a decision
or declaration, or a direction or order, in relation to proceedings 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.
(5) Nothing in this section affects a right to appeal to the
Administrative and Disciplinary Division of the District Court against a
decision, direction or order of the Guardianship Board made or given before the
relevant day.
Part 6—Amendment
of First Home and Housing Construction Grants
Act 2000
44—Substitution
of heading to Part 2 Division 6
Heading to Part 2 Division 6—delete the heading and
substitute:
Division 6—Objections and
reviews
After section 27 insert:
27A—Objection not to stay proceedings based on
relevant decision
(1) Although a decision is subject to an objection, the Commissioner may
act on the basis that the decision is correct until the objection is
decided.
(2) When an objection is decided, the Commissioner must take any necessary
action to give effect to that decision.
Section 28—delete the section and substitute:
28—Reviews
(1) An objector who is dissatisfied with the Treasurer's decision on the
objection may seek a review of the decision by the South Australian Civil and
Administrative Tribunal under section 34 of the South
Australian Civil and Administrative Tribunal Act 2013.
(2) A review must be commenced within 60 days after the notice of the
decision on the objection is given (or such longer period as the South
Australian Civil and Administrative Tribunal may allow).
47—Repeal
of sections 29 and 30
Sections 29 and 30—delete the sections
(1) In this section—
principal Act means the First
Home and Housing Construction Grants Act 2000;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
(2) A right of appeal under section 28 of the principal Act in
existence before the relevant day (but not exercised before that day) will be
exercised as if this Part had been in operation before the right arose, so that
the relevant proceedings may be commenced before the Tribunal rather than the
Magistrates Court.
(3) Nothing in this section affects any proceedings before the Magistrates
Court commenced before the relevant day.
Part 7—Amendment
of Freedom of Information
Act 1991
49—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of District Court—delete
the definition
(2) Section 4(1), after the definition of restricted
document insert:
SACAT means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013;
50—Substitution
of heading to Part 5 Division 2
Heading to Part 5 Division 2—delete the heading and
substitute:
Division 2—Reviews by SACAT
51—Amendment
of section 40—Reviews by SACAT
(1) Section 40(1)—delete subsection (1) and substitute:
(1) An agency that is aggrieved by a determination made on a review under
Division 1 may, with the permission of SACAT, seek a review of the determination
by SACAT.
(1a) However, the review may only be as to a question of law and that
question must be referred to a Presidential member of the Tribunal under
section 26 of the South
Australian Civil and Administrative Tribunal Act 2013.
(2) Section 40—delete "the District Court" wherever occurring and
substitute in each case:
SACAT
(3) Section 40—delete "the Court" wherever occurring and substitute
in each case:
SACAT
52—Amendment
of section 41—Consideration of restricted documents
(1) Section 41—delete "the District Court" wherever occurring and
substitute in each case:
SACAT
(2) Section 41(3)—delete "the Court" and substitute:
SACAT
53—Amendment
of section 42—Disciplinary actions
(1) Section 42—delete "the District Court" and substitute:
SACAT
(2) Section 42—delete "the Court" and substitute:
SACAT
(1) In this section—
principal Act means the Freedom
of Information Act 1991;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
(2) A right of appeal under Part 5 Division 2 of the principal
Act in existence before the relevant day (but not exercised before that day)
will be exercised as if this Part had been in operation before that right arose,
so that the relevant proceedings may be commenced before the Tribunal rather
than the District Court.
(3) Nothing in this section affects any proceedings before the District
Court commenced before the relevant day.
Part 8—Amendment
of Guardianship and Administration
Act 1993
55—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of advance care
directive insert:
decision, of the Tribunal, has the same meaning as in the
South
Australian Civil and Administrative Tribunal Act 2013;
(2) Section 3(1)—after the definition of health
professional insert:
internal review means a review under section 70 of the
South
Australian Civil and Administrative Tribunal Act 2013;
(3) Section 3(1), definition of person to whom the proceedings
relate—delete "Board" and substitute:
Tribunal
(4) Section 3(1), definition of recognised
advocate—delete "Board" wherever occurring and substitute in each
case:
Tribunal
(5) Section 3(1)—after the definition of substitute
decision-maker insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013;
(6) Section 3(3)—delete "Board" wherever occurring and substitute in
each case:
Tribunal
(7) Section 3(4)—delete "Board" wherever occurring and substitute in
each case:
Tribunal
56—Amendment
of section 5—Principles to be observed
Section 5—delete "Board" and substitute:
Tribunal
57—Repeal
of Part 2 Divisions 1 and 2
Part 2 Divisions 1 and 2—delete the Divisions
58—Amendment
of section 28—Investigations by Public Advocate
Section 28—delete "Board" wherever occurring and substitute in each
case:
Tribunal
59—Amendment
of section 29—Guardianship orders
Section 29—delete "Board" wherever occurring and substitute in each
case:
Tribunal
60—Amendment
of section 30—Variation or revocation of guardianship
order
Section 30—delete "Board" and substitute:
Tribunal
61—Amendment
of section 31—Powers of guardian
Section 31—delete "Board" and substitute:
Tribunal
62—Amendment
of section 31A—Guardian to give effect to advance care
directive
Section 31A(2)—delete "Board" and substitute:
Tribunal
63—Amendment
of section 32—Special powers to place and detain etc protected
persons
(1) Section 32—delete "Board" wherever occurring and substitute in
each case:
Tribunal
(2) Section 32(1)(a)—before "according" insert:
(whether or not the person or place is a person with whom, or the place in
which, the person usually resides)
(3) Section 32—after subsection (3) insert:
(3a) For the purposes of subsection (3)(b), a ward (however described) of
a hospital or other facility that is an approved treatment centre under the
Mental
Health Act 2009 will not be taken to be a part of an approved
treatment centre unless the whole of the ward is set aside for the treatment of
persons with a mental illness.
(4) Section 32—after subsection (7) insert:
(7a) For the purposes of this section, a reference to residing in a
specified place includes a reference to residing in the place on a temporary
basis.
Note—
For example, a person may temporarily reside in a hospital or
rehabilitation facility.
64—Amendment
of section 33—Applications under this Division
Section 33—delete "Board" wherever occurring and substitute in each
case:
Tribunal
65—Amendment
of section 35—Administration orders
Section 35—delete "Board" wherever occurring and substitute in each
case:
Tribunal
66—Amendment
of section 36—Variation or revocation of administration
order
Section 36—delete "Board" and substitute:
Tribunal
67—Amendment
of section 37—Applications under this Division
Section 37—delete "Board" wherever occurring and substitute in each
case:
Tribunal
68—Amendment
of section 38—Copy of order must be forwarded to Public
Trustee
Section 38—delete "Board" and substitute:
Tribunal
69—Amendment
of section 39—Powers and duties of administrator
Section 39—delete "Board" wherever occurring and substitute in each
case:
Tribunal
70—Amendment
of section 40—Administrator's access to wills and other
records
Section 40(3)—delete "Board" and substitute:
Tribunal
71—Amendment
of section 41—Power of administrator to continue to act after death etc of
protected person
Section 41(3)—delete "Board" wherever occurring and substitute in
each case:
Tribunal
72—Amendment
of section 42—Power of administrator to avoid dispositions and contracts
of protected person
Section 42(3)—delete "Board" wherever occurring and substitute in
each case:
Tribunal
73—Amendment
of section 44—Reporting requirements for private
administrators
Section 44—delete "Board" wherever occurring and substitute in each
case:
Tribunal
74—Amendment
of section 45—Reporting by Public Trustee
Section 45—delete "Board" wherever occurring and substitute in each
case:
Tribunal
75—Amendment
of section 46—Remuneration of professional
administrators
Section 46—delete "Board" wherever occurring and substitute in each
case:
Tribunal
76—Amendment
of section 49—Withdrawal of applications
Section 49—delete "Board" and substitute:
Tribunal
77—Amendment
of section 50—Criteria for determining suitability for
appointment
Section 50(1)—delete "Board" wherever occurring and substitute in
each case:
Tribunal
Section 53—delete the section
79—Amendment
of section 54—Termination of appointment
Section 54—delete "Board" wherever occurring and substitute in each
case:
Tribunal
80—Amendment
of section 55—Tribunal must give statement of appeal
rights
Section 55—delete "Board" wherever occurring and substitute in each
case:
Tribunal
81—Amendment
of section 56—Restriction of testamentary capacity of protected
person
Section 56—delete "Board" wherever occurring and substitute in each
case:
Tribunal
82—Amendment
of section 57—Review of Tribunal's orders
(1) Section 57—delete "Board" wherever occurring and substitute in
each case:
Tribunal
(2) Section 57—after subsection (4) insert:
(5) For the purposes of the South
Australian Civil and Administrative Tribunal Act 2013, a review
under this section will be taken to come within the Tribunal's original
jurisdiction.
83—Amendment
of section 61—Prescribed treatment not to be carried out without
Tribunal's consent
Section 61—delete "Board" wherever occurring and substitute in each
case:
Tribunal
84—Amendment
of section 63—Tribunal's consent must be in writing
Section 63—delete "Board" wherever occurring and substitute in each
case:
Tribunal
Part 6—delete Part 6 and substitute:
Part 6—Reviews and appeals
64—Review and appeals
The following provisions operate in connection with the application of
Part 5 of the South
Australian Civil and Administrative Tribunal Act 2013 in relation
to this Act:
(a) a decision of
the Tribunal not to authorise publication of a report of proceedings before the
Tribunal may not be the subject of an application for internal review;
(b) subject to
paragraph (a),
an application for internal review may be made by—
(i) the applicant in proceedings before the Tribunal in the exercise of
its original jurisdiction (within the meaning of the South
Australian Civil and Administrative Tribunal Act 2013) for the
purposes of this Act; or
(ii) a person to whom the proceedings relate (if not the applicant under
paragraph (a));
or
(iii) the Public Advocate; or
(iv) any person who presented evidence or material before, or made
submissions to, the Tribunal in the relevant proceedings; or
(v) any other person who satisfies the Tribunal that he or she has a
proper interest in the matter;
(c) except in the case of a decision for or affirming the detention of a
person or relating to the giving of consent to a sterilisation or a termination
of pregnancy, an application for internal review may only be made with the
permission of the Tribunal;
(d) an application
for internal review of a decision of the Tribunal to consent to termination of
pregnancy must be instituted within 2 working days after the making of the
decision;
(e) the person to whom an application for internal review relates (if he
or she is not the applicant) will be a party to those proceedings;
(f) the Tribunal must hear and determine an internal review as
expeditiously as is reasonably practicable and must give priority to hearing and
determining internal reviews of decisions relating to an application for consent
to termination of pregnancy or relating to the detention of any
person;
(g) the Tribunal may make an order for costs against a party to
proceedings for internal review, but only if the Tribunal is satisfied that the
institution of the proceedings, or the party's conduct in relation to the
proceedings, was frivolous, vexatious or calculated to cause delay;
(h) subject to
paragraph (i),
an appeal under section 71 of the South
Australian Civil and Administrative Tribunal Act 2013 must be
instituted within 14 days—
(i) after the making of the decision to which the appeal relates;
or
(ii) after being furnished with the reasons for that decision,
whichever is the later (but the Supreme Court may, if it is satisfied that
it is just and reasonable in the circumstances to do so, dispense with the
requirement that the appeal should be instituted within that period (even if the
time for instituting the appeal has expired));
(i) a decision of
the Tribunal in relation to an application for consent to a termination of
pregnancy may not be instituted under section 71 of the South
Australian Civil and Administrative Tribunal Act 2013;
(j) no order for
costs may be made against an applicant in an appeal under section 71 of the
South
Australian Civil and Administrative Tribunal Act 2013 if he or she
is the person to whom the decision appealed against relates.
65—Representation on reviews or
appeals
(1) In every review or appeal, or application for permission for review or
appeal, under Part 5 of the South
Australian Civil and Administrative Tribunal Act 2013, the person
to whom the proceedings relate is entitled to be represented by counsel in
accordance with this section.
(2) If a person chooses to be represented by counsel pursuant to this
section, he or she is entitled to be represented by a legal practitioner
provided pursuant to a scheme established by the Minister for the purposes of
this section, being a legal practitioner—
(a) chosen by the person himself or herself; or
(b) in default of the person making a choice, chosen by such person or
authority as the scheme contemplates.
(3) A legal practitioner (not being an employee of the Crown or a
statutory authority) who represents a person pursuant to this section is
entitled to receive fees for his or her services from the Minister, in
accordance with a prescribed scale, and cannot demand or receive from any other
person any further fee for those services.
(4) Nothing in this section derogates from the right of the person to whom
the proceedings relate to engage counsel at his or her own expense, or to appear
personally or by a representative pursuant to any other provision of this
Act.
Part 6A—Special provisions relating to
Tribunal
66—Tribunal must give notice of
proceedings
(1) Tribunal must
give the following persons reasonable notice of the time and place of the
hearings of proceedings before the Tribunal:
(a) the applicant;
(b) the person to whom the proceedings relate;
(c) the Public Advocate;
(d) such other persons as the Tribunal considers have a proper interest in
the matter.
(2) Despite
subsection (1)—
(a) the Tribunal is not obliged to give notice of proceedings to a person
if the person's whereabouts cannot, after reasonable enquiries, be ascertained;
and
(b) the Tribunal may, if satisfied that urgent action is required in
proceedings before the Tribunal, make an order (or any other decision) as a
matter of urgency without complying with
subsection (1),
with effect for a period not exceeding 21 days as directed by the
Tribunal.
67—Reasons for decisions
The Tribunal must, on request by a person who has a right of internal
review of a decision of the Tribunal or who satisfies the Tribunal that he or
she has a proper interest in the matter, furnish the person with a written
statement of the Tribunal's reasons for the decision, but not—
(a) if the request is made after the period for the review has expired;
or
(b) if a review has been instituted—after the review has been
decided.
68—Representation of person who is subject of
proceedings
(1) A person who is
the subject of proceedings before the Tribunal is entitled to appear before the
Tribunal by—
(a) the Public Advocate; or
(b) except in the case of an internal review—by a recognised
advocate.
(2)
Subsection (1)
applies in addition to section 56(1) of the South
Australian Civil and Administrative Tribunal Act 2013.
69—Tribunal may require
reports
(1) The Tribunal
may require a person who is the subject of proceedings before the Tribunal to
submit to the Tribunal within a specified time a psychiatric or psychological
report as to his or her mental capacity or a medical report as to his or her
health or any aspect of it.
(2) If a person
refuses or fails to comply with a requirement made under
subsection (1)
or is incapable of complying with such a request, the Public Advocate, a person
authorised by the Minister for the purpose or a member of the police force may
enter any place where the person is reasonably believed to be and apprehend the
person, using only such force as is reasonably necessary for the purpose, and
take the person to a psychiatrist, psychologist or medical practitioner
nominated by the Tribunal for examination and assessment, the cost of which will
be borne by the Tribunal.
(3) The powers
under
subsection (2)
cannot be exercised except on the authority of a warrant issued by a legally
qualified member of the Tribunal (within the meaning of the South
Australian Civil and Administrative Tribunal Act 2013).
(4) A warrant cannot be issued under
subsection (3)
unless the person issuing it is satisfied, on information given on
oath—
(a) that reasonable grounds exist for suspecting that the person to whom
the warrant relates has a mental incapacity; and
(b) that a warrant is reasonably required in the circumstances.
(5) The person executing a warrant under this section may be accompanied
by such assistants as he or she considers necessary or desirable in the
circumstances.
(6) A person must not hinder or obstruct a person executing a warrant
under this section, or a person accompanying that person.
Maximum penalty: $10 000.
86—Amendment
of section 74—Tribunal may give advice, direction or
approval
Section 74—delete "Board" wherever occurring and substitute in each
case:
Tribunal
Section 82—delete the section and substitute:
82—Service of notices
A notice required to be given to any person under this Act may
be—
(a) given to the person personally; or
(b) posted to the person at the person's last known principal place of
residence or business; or
(c) transmitted to the person by fax or email to a fax number or email
address provided by the person for the purpose of service of the notice;
or
(d) given to the person in such other manner as may be permitted by order
of the Tribunal.
Section 84—delete the section
(1) In this section—
Guardianship Board means the Guardianship Board under the
principal Act;
principal Act means the Guardianship
and Administration Act 1993;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
(2) A direction of the Guardianship Board under section 28(1) of the
principal Act in force immediately before the relevant day will, on and from the
relevant day, be taken to be a direction of the Tribunal (with a report of any
investigation completed on or after the relevant day being furnished to the
Tribunal rather than the Guardianship Board).
(3) An order of the Guardianship Board under Part 3 Division 2
or Division 3 of the principal Act in force immediately before the relevant
day will, on and from the relevant day, be taken to be an order of the
Tribunal.
(4) A direction or determination of the Guardianship Board under the
principal Act in force immediately before the relevant day will, on and from the
relevant day, be taken to be a direction or determination of the
Tribunal.
(5) A right to make any application or referral, or to seek a review, with
respect to any matter in existence before the relevant day, with the effect that
the relevant proceedings would have been commenced before the Guardianship
Board, will be exercised as if this Part had been in operation before the right
arose, so that the relevant proceedings may be commenced instead before the
Tribunal.
(6) Any proceedings before the Guardianship Board under the principal Act
immediately 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 commenced before that Tribunal.
(7) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Guardianship Board, and draw any conclusions of fact from that evidence that
appear proper; and
(b) adopt any findings or determinations of the Guardianship Board that
may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision (including a decision in the nature of a
determination), direction or order in relation to proceedings before the
Guardianship Board before the relevant day (including so as to make a decision
or determination, or a direction or order, in relation to proceedings 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.
(8) Nothing in this
section affects a right to appeal to the Administrative and Disciplinary
Division of the District Court (as constituted in the manner contemplated by the
principal Act before its amendment by this Act) against a decision, direction or
order of the Guardianship Board made or given before the relevant day.
(9) The
Guardianship Board is dissolved by force of this subsection.
(10) A member of the Guardianship Board holding office when
subsection (9)
comes into operation will cease to hold office at that time and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time (and no right of
action will arise against a Minister or the State on account of that
termination).
Part 9—Amendment
of Intervention Orders (Prevention of Abuse)
Act 2009
90—Amendment
of section 25—Tenancy order
Section 25(5)(e)—delete "Residential Tenancies Tribunal" and
substitute:
South Australian Civil and Administrative Tribunal
Part 10—Amendment
of Mental Health
Act 2009
91—Amendment
of section 3—Interpretation
(1) Section 3, definition of Board—delete the
definition
(2) Section 3—after the definition of consent
insert:
decision, of the Tribunal, has the same meaning as in the
South
Australian Civil and Administrative Tribunal Act 2013;
(3) Section 3—after the definition of inpatient treatment
order insert:
internal review means a review under section 70 of the
South
Australian Civil and Administrative Tribunal Act 2013;
(4) Section 3—after the definition of treatment centre
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013;
92—Amendment
of section 7—Guiding principles
Section 7(1)—delete "Board" and substitute:
Tribunal
93—Amendment
of section 11—Chief Psychiatrist to be notified of level 1 orders or
their variation or revocation
(1) Section 11(1)—delete "the Board and the Chief Psychiatrist are
each" and substitute:
the Chief Psychiatrist is
(2) Section 11(2)—delete subsection (2) and substitute:
(2) The Chief Psychiatrist must, within 1 business day, by written
notice sent or given to the Tribunal, ensure that the Tribunal is given a copy
of a notice received under subsection (1).
94—Amendment
of section 15—Tribunal to review level 1 orders
(1) Section 15—delete "Board" wherever occurring and substitute in
each case:
Tribunal
(2) Section 15—after subsection (3) insert:
(4) For the purposes of the South
Australian Civil and Administrative Tribunal Act 2013, a review
under this section will be taken to come within the Tribunal's original
jurisdiction.
95—Amendment
of section 16—Level 2 community treatment orders
(1) Section 16—delete "Board" wherever occurring and substitute in
each case:
Tribunal
(2) Section 16(6)—delete "The Registrar" and substitute:
A registrar
(3) Section 16(6)—delete "the Registrar" and substitute:
the registrar
96—Amendment
of section 17—Chief Psychiatrist to be notified of level 2 orders or
their variation or revocation
(1) Section 17—delete "The Registrar" and substitute:
A registrar
(2) Section 17—delete "Board" wherever occurring and substitute in
each case:
Tribunal
97—Amendment
of section 22—Chief Psychiatrist to be notified of level 1 orders or
their revocation
(1) Section 22(1)—delete "the Board and the Chief Psychiatrist are
each" and substitute:
the Chief Psychiatrist is
(2) Section 22(2)—delete subsection (2) and substitute:
(2) The Chief Psychiatrist must, within 1 business day, by written
notice sent or given to the Tribunal, ensure that the Tribunal is given a copy
of a notice received under subsection (1).
98—Amendment
of section 26—Notices and reports relating to level 2
orders
(1) Section 26(1)—delete "the Board and the Chief Psychiatrist are
each" and substitute:
the Chief Psychiatrist is
(2) Section 26(2)—delete subsection (2) and substitute:
(2) The Chief Psychiatrist must, within 1 business day, by written
notice sent or given to the Tribunal, ensure that the Tribunal is given a copy
of a notice received under subsection (1).
(3) Section 26(5)—delete "Board" and substitute:
Chief Psychiatrist
99—Amendment
of section 29—Level 3 inpatient treatment orders
Section 29—delete "Board" wherever occurring and substitute in each
case:
Tribunal
100—Amendment
of section 30—Chief Psychiatrist to be notified of level 3 orders or
their variation or revocation
(1) Section 30—delete "The Registrar" and substitute:
A registrar
(2) Section 30—delete "Board" wherever occurring and substitute in
each case:
Tribunal
101—Amendment
of section 42—ECT
Section 42—delete "Board" wherever occurring and substitute in each
case:
Tribunal
102—Amendment
of section 43—Neurosurgery for mental illness
Section 43—delete "Board" wherever occurring and substitute in each
case:
Tribunal
103—Amendment
of section 46—Copies of Tribunal's orders, decisions and statements of
rights to be given
(1) Section 46(1)—delete "The Registrar of the Board must ensure
that a patient is given, as soon as practicable after the making by the Board"
and substitute:
A registrar of the Tribunal must ensure that a patient is given, as soon as
practicable after the making by the Tribunal
(2) Section 46—delete "the Registrar of the Board" wherever
occurring and substitute in each case:
the registrar
104—Amendment
of section 48—Patients' right to communicate with others outside treatment
centre
Section 48(3)(b)—delete "Board" and substitute:
Tribunal
105—Amendment
of section 70—Transfer from South Australian treatment
centres
Section 70(4)(b)—delete "Board" and substitute:
Tribunal
106—Repeal
of heading to Part 11 Division 1
Heading to Part 11 Division 1—delete the heading
107—Amendment
of section 79—Reviews of treatment orders and other
matters
(1) Section 79—delete "Board" wherever occurring and substitute in
each case:
Tribunal
(2) Section 79—after subsection (4) insert:
(5) For the purposes of the South
Australian Civil and Administrative Tribunal Act 2013, a review
under this section will be taken to come within the Tribunal's original
jurisdiction.
108—Amendment
of section 80—Decisions and reports on reviews of treatment
orders
Section 80—delete "Board" wherever occurring and substitute in each
case:
Tribunal
109—Repeal
of heading to Part 11 Division 2
Heading to Part 11 Division 2—delete the heading
110—Amendment
of section 81—Reviews of orders (other than Tribunal
orders)
(1) Section 81(1)—delete "Board) may appeal to the Board against the
order" and substitute:
Tribunal) may seek a review of the order by the Tribunal under
section 34 of the South
Australian Civil and Administrative Tribunal Act 2013
(2) Section 81(1)(d)—delete "Board" and substitute:
Tribunal
(3) Section 81(2)—delete "An appeal" and substitute:
A review
(4) Section 81(2)—delete "the appeal" and substitute:
the review
(5) Section 81(3)—delete "an appeal" and substitute:
a review
(6) Section 81(3)—delete "Board at or before the commencement of the
Board's proceedings on the appeal" and substitute:
Tribunal at or before the commencement of the Tribunal's proceedings on the
review
(7) Section 81(4)—delete subsection (4) and substitute:
(4) On hearing a review of an order, the Tribunal must revoke the order,
with immediate effect, if the Tribunal is not satisfied that there are proper
grounds for it to remain in operation.
(8) Section 81(5)—delete "Board" wherever occurring and substitute
in each case:
Tribunal
(9) Section 81(5)—delete "an appeal against" and
substitute:
a review of
(10) Section 81(5)(a)—delete "appeal" and substitute:
review
Section 82—delete the section
112—Amendment
of section 83—Review of directions for transfer of patients to interstate
treatment centres
(1) Section 83(1)—delete "appeal to the Board against the direction"
and substitute:
seek a review of the direction by the Tribunal under section 34 of the
South
Australian Civil and Administrative Tribunal Act 2013
(2) Section 83(1)(d)—delete "Board" and substitute:
Tribunal
(3) Section 83(2)—delete "An appeal" and substitute:
A review
(4) Section 83(3)—delete "Board may, on hearing an appeal against"
and substitute:
Tribunal may, on hearing a review of
113—Substitution
of sections 84 and 85
Sections 84 and 85—delete the sections and substitute:
83A—Reviews and appeals
The following provisions operate in connection with the application of
Part 5 of the South
Australian Civil and Administrative Tribunal Act 2013 in relation
to this Act:
(a) a decision of
the Tribunal not to authorise publication of a report of proceedings before the
Tribunal may not be the subject of an application for internal review;
(b) subject to
paragraph (a),
an application for internal review may be made by—
(i) the applicant in proceedings before the Tribunal in the exercise of
its original jurisdiction (within the meaning of the South
Australian Civil and Administrative Tribunal Act 2013) for the
purposes of this Act; or
(ii) a person to whom the proceedings relate (if not the applicant under
paragraph (a));
or
(iii) the Public Advocate; or
(iv) any person who presented evidence or material before, or made
submissions to, the Tribunal in the relevant proceedings; or
(v) any other person who satisfies the Tribunal that he or she has a
proper interest in the matter;
(c) the person to whom an application for internal review relates (if he
or she is not the applicant) will be a party to those proceedings;
(d) the Tribunal must hear and determine an internal review as
expeditiously as is reasonably practicable and must give priority to hearing and
determining internal reviews of decisions relating to an application relating to
the detention of any person;
(e) the Tribunal may make an order for costs against a party to
proceedings for internal review, but only if the Tribunal is satisfied that the
institution of the proceedings, or the party's conduct in relation to the
proceedings, was frivolous, vexatious or calculated to cause delay;
(f) subject to
paragraph (g),
an appeal under section 71 of the South
Australian Civil and Administrative Tribunal Act 2013 must be
instituted within 14 days—
(i) after the making of the decision to which the appeal relates;
or
(ii) after being furnished with the reasons for that decision,
whichever is the later (but the Supreme Court may, if it is satisfied that
it is just and reasonable in the circumstances to do so, dispense with the
requirement that the appeal should be instituted within that period (even if the
time for instituting the appeal has expired));
(g) the following
decisions of the Tribunal are not appealable to the Supreme Court:
(i) a decision not to authorise publication of a report of proceedings
before the Tribunal;
(ii) a decision made by the Tribunal in the exercise of its review
jurisdiction under section 34 of the South
Australian Civil and Administrative Tribunal Act 2013;
(h) no order for costs may be made against an applicant in an appeal under
section 71 of the South
Australian Civil and Administrative Tribunal Act 2013 if he or she
is the person to whom the decision appealed against relates.
84—Representation on reviews or
appeals
(1) In every review or appeal, or application for permission for review or
appeal, under this Part, the person to whom the proceedings relate is entitled
to be represented by counsel in accordance with this section.
(2) If a person chooses to be represented by counsel pursuant to this
section, he or she is entitled to be represented by a legal practitioner
provided pursuant to a scheme established by the Minister for the purposes of
this section, being a legal practitioner—
(a) chosen by the person himself or herself; or
(b) in default of the person making a choice, chosen by such person or
authority as the scheme contemplates.
(3) A legal practitioner (not being an employee of the Crown or a
statutory authority) who represents a person pursuant to this section is
entitled to receive fees for his or her services from the Minister, in
accordance with a prescribed scale, and cannot demand or receive from any other
person any further fee for those services.
(4) Nothing in this section derogates from the right of the person to whom
the proceedings relate to engage counsel at his or her own expense, or to appear
personally, by the Public Advocate or by a representative pursuant to any other
provision of this Act.
Part 11A—Special provisions relating to
Tribunal
85—Tribunal must give notice of
proceedings
(1) Tribunal must
give the following persons reasonable notice of the time and place of the
hearings of proceedings before the Tribunal:
(a) the applicant;
(b) the person to whom the proceedings relate;
(c) the Public Advocate;
(d) such other persons as the Tribunal considers have a proper interest in
the matter.
(2) Despite
subsection (1)—
(a) the Tribunal is not obliged to give notice of proceedings to a person
if the person's whereabouts cannot, after reasonable enquiries, be ascertained;
and
(b) the Tribunal may, if satisfied that urgent action is required in
proceedings before the Tribunal, make an order (or any other decision) as a
matter of urgency without complying with
subsection (1),
with effect for a period not exceeding 21 days as directed by the
Tribunal.
85A—Reasons for decisions
The Tribunal must, on request by a person who has a right of internal
review of a decision of the Tribunal or who satisfies the Tribunal that he or
she has a proper interest in the matter, furnish the person with a written
statement of the Tribunal's reasons for the decision, but not—
(a) if the request is made after the period for the review has expired;
or
(b) if a review has been instituted—after the review has been
decided.
85B—Representation of person who is subject of
proceedings
(1) A person who is
the subject of proceedings before the Tribunal is entitled to appear before the
Tribunal by—
(a) the Public Advocate; or
(b) except in the case of an internal review—by a recognised
advocate.
(2)
Subsection (1)
applies in addition to section 56(1) of the South
Australian Civil and Administrative Tribunal Act 2013.
(3) In this section—
recognised advocate means a person who is, by instrument in
writing, recognised by the Tribunal as a person who is qualified to act as an
advocate in proceedings before the Tribunal for the person to whom the
proceedings relate.
114—Amendment
of section 101—Errors in orders etc
Section 101(2)—delete "Board" and substitute:
Tribunal
115—Amendment
of section 107—Prohibition of publication of reports of
proceedings
Section 107—delete "Board" wherever occurring and substitute in each
case:
Tribunal
116—Amendment
of section 108—Requirements for notice to Tribunal or Chief
Psychiatrist
Section 108—delete "Board" and substitute:
Tribunal
(1) In this section—
Guardianship Board means the Guardianship Board established
under the
Guardianship
and Administration Act 1993;
principal Act means the Mental
Health Act 2009;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
(2) The Tribunal will conduct a review under section 15 of the
principal Act in respect of any order for which notice is given on or after the
relevant day.
(3) An order, consent or decision of the Guardianship Board under the
principal Act in force immediately before the relevant day will, on and from the
relevant day, be taken to be an order, consent or decision of the
Tribunal.
(4) A right to make
any application or referral, or to seek a review or to institute an appeal,
under the principal Act with respect to any matter in existence before the
relevant day, with the effect that the relevant proceedings would have been
commenced before the Guardianship Board, will be exercised as if this Part had
been in operation before the right arose, so that the relevant proceedings may
be commenced instead before the Tribunal.
(5) Any proceedings
before the Guardianship Board under the principal Act immediately 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 commenced before the Tribunal.
(6) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Guardianship Board, and draw any conclusions of fact from that evidence that
appear proper; and
(b) adopt any findings or determinations of the Guardianship Board that
may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision (including a decision in the nature of a
consent), direction or order in relation to proceedings before the Guardianship
Board before the relevant day (including so as to make a decision or give a
consent, direction or order, in relation to proceedings 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.
(7) Nothing in this
section affects a right to appeal to the Administrative and Disciplinary
Division of the District Court against a decision, direction or order of the
Guardianship Board made or given before the relevant day.
(8) A reference in
subsection (5)
to proceedings before the Guardianship Board will be taken to include a
reference to a review being conducted under section 79 of the principal
Act.
Part 11—Amendment
of Public Sector
Act 2009
118—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of Commissioner
insert:
decision, of the Tribunal, has the same meaning as in the
South
Australian Civil and Administrative Tribunal Act 2013;
(2) Section 3(1), definition of Public Sector Grievance Review
Commission—delete the definition
(3) Section 3(1), after the definition of term employee
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013;
119—Amendment
of section 25—Public Service employees
Section 25(2)(j)—delete paragraph (j)
120—Amendment
of section 49—Remuneration
Section 49(4)—delete "Public Sector Grievance Review Commission" and
substitute:
Tribunal
121—Amendment
of section 62—External review
(1) Section 62—after subsection (4) insert:
(4a) Section 71 of the South
Australian Civil and Administrative Tribunal Act 2013 does not
apply to or in relation to a decision of the Tribunal acting as the appropriate
review body under this section.
(2) Section 62(8), definition of appropriate review body,
(b)—delete "Public Sector Grievance Review Commission" and
substitute:
Tribunal
122—Substitution
of Schedule 2
Schedule 2—delete the Schedule and substitute:
Schedule 2—Special provisions relating to
Tribunal
1—Panels of nominees
(1) For the purposes of proceedings before the Tribunal there is to
be—
(a) a panel of public sector employees nominated by the Commissioner for
Public Sector Employment; and
(b) a panel of public sector employees nominated by public sector
representative organisations.
(2) The Minister may, from time to time, invite the public sector
representative organisations to nominate employees to constitute a
panel.
(3) If a public sector representative organisation fails to make a
nomination in response to an invitation within the time allowed in the
invitation, the Minister may choose public sector employees instead of nominees
of the organisation and any employees so chosen are to be taken to have been
nominated to the relevant panel.
(4) A person ceases to be a member of a panel if the
person—
(a) ceases to be a public sector employee; or
(b) resigns by notice in writing to the Minister; or
(c) is removed from the panel by the Minister on the ground of misconduct,
neglect of duty, incompetence or mental or physical incapacity to carry out
duties of the member satisfactorily; or
(d) has completed a period of 2 years as a member of the panel since
being nominated, or last renominated, as a member of the panel, and is not
renominated to the panel.
2—Constitution of Tribunal and other
matters
(1) In exercising its powers under the South
Australian Civil and Administrative Tribunal Act 2013 for the
purposes of this Act, the Tribunal will be constituted by 3 members of
whom—
(a) 1 will be selected from the panel of nominees of the Commissioner for
Public Sector Employment by the President of the Tribunal for the purpose of the
proceedings; and
(b) 1 will be selected from the panel of nominees of public sector
representative organisations for the purpose of the proceedings—
(i) by the applicant for review; or
(ii) if there are 2 or more applicants and they do not agree on the
selection of a nominee—by the President of the Tribunal.
(2) A member of the Tribunal who is a public sector employee is not
subject to direction as an employee in respect of the performance of duties as a
member of the Tribunal.
(3) The Tribunal must endeavour to complete any review within
3 months and must, in any event, proceed as quickly as a proper
consideration of the matter allows.
(1) In this section—
principal Act means the Public
Sector Act 2009;
PSGRC means the Public Sector Grievance Review
Commission;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
(2) A right to apply to PSGRC for a review of a decision under the
principal Act in existence before the relevant day (and not exercised before
that day) will be exercised as if this Part had been in operation before that
right arose, so that the relevant proceedings may be commenced instead before
the Tribunal.
(3) Nothing in this section affects any proceedings before PSGRC commenced
before the relevant day.
(4) The Governor
may, when he or she thinks it is appropriate to do so, by proclamation, dissolve
PSGRC.
(5) When a proclamation is made under
subsection (4)
any member of PSGRC, or member of a panel constituted for the purposes of PSGRC,
holding office at the time of the making of the proclamation will cease to hold
office and any contract of employment, agreement or arrangement relating to the
office held by that member is terminated by force of this subsection at the same
time (and no right of action will arise against a Minister or the State on
account of that termination).
Part 12—Amendment
of Residential Parks
Act 2007
124—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of bailiff—delete the
definition and substitute:
bailiff means a bailiff appointed under the South
Australian Civil and Administrative Tribunal Act 2013;
(2) Section 3(1), definition of deputy
registrar—delete the definition and substitute:
Deputy President means a Deputy President of the Tribunal
appointed under the
South
Australian Civil and Administrative Tribunal Act 2013;
Deputy Registrar means a Deputy Registrar of the Tribunal
appointed under the
South
Australian Civil and Administrative Tribunal Act 2013;
(3) Section 3(1), definition of Presiding
Member—delete the definition and substitute:
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013;
(4) Section 3(1), definition of registrar—delete the
definition and substitute:
Registrar means the Registrar of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013;
(5) Section 3(1), definition of Tribunal—delete the
definition and substitute:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
125—Amendment
of section 87—Enforcement of orders for possession
(1) Section 87(1)—delete subsection (1) and substitute:
(1) If an order for possession of rented property has been made by the
Tribunal but has not been complied with, the Registrar or a Deputy Registrar
must, at the written or oral request of the person in whose favour the order was
made (or agent of that person), direct a bailiff to enforce the order.
(2) Section 87(2)—delete subsection (2) and substitute:
(2) A bailiff must enforce an order for possession as soon as is
practicable after being directed to do so under this section.
(3) Section 87(10)—delete subsection (10)
126—Substitution
of heading to Part 11
Heading to Part 11—delete the heading and substitute:
Part 11—South Australian Civil and Administrative
Tribunal
127—Repeal
of Part 11 Divisions 1 and 2
Part 11 Divisions 1 and 2—delete the Divisions
128—Amendment
of section 103—Jurisdiction of Tribunal
Section 103(4)—after "this Act" insert:
and, to such extent as may be necessary and appropriate, the powers of the
Tribunal under the South
Australian Civil and Administrative Tribunal Act 2013
Section 104—delete the section
130—Substitution
of heading to Part 11 Division 4
Heading to Part 11 Division 4—delete the heading and
substitute:
Division 4—Representation of parties in
mediation
131—Repeal
of sections 105 to 109
Sections 105 to 109 (inclusive)—delete the sections
132—Amendment
of section 110—Representation of parties in mediation
Section 110—delete "A party to a residential park" and
substitute:
If a residential park dispute is referred by the Tribunal for mediation, a
party to the
Section 111—delete the section
134—Substitution
of Part 11 Division 6
Part 11 Division 6—delete Division 6 and substitute:
Division 6—Amendment of
proceedings
113—Amendment of proceedings
The Tribunal may amend proceedings if satisfied that the amendment will
contribute to the expeditious and just resolution of the questions in issue
between the parties.
135—Amendment
of section 117—Special powers to make orders
(1) Section 117(2)—delete "Presiding Member" and
substitute:
President or a Deputy President
(2) Section 117(3) to (5)—delete subsections (3) to (5)
(inclusive)
Section 120—delete the section.
137—Amendment
of section 121—Application to vary or set aside order
(1) Section 121(2)—delete "3 months" and substitute:
1 month
(2) Section 121—after subsection (2) insert:
(3) If the reasons of the Tribunal are not given in writing at the time of
making an order and the applicant for an order varying or setting aside the
order then requests the Tribunal to state its reasons in writing, the time for
making the application runs from the time when the applicant receives the
written statement of the reasons.
(4) This section does not limit any provision of the South
Australian Civil and Administrative Tribunal Act 2013.
(5) Proceedings under this section do not constitute a review of a
decision for the purposes of sections 34 or 70 of the South
Australian Civil and Administrative Tribunal Act 2013.
Section 122—delete the section
139—Substitution
of section 123
Section 123—delete the section and substitute:
123—Reasons for decisions
The Tribunal must, if requested by a person affected by a decision of the
Tribunal, where written reasons have not been given, state in writing the
reasons for the Tribunal's decision.
123A—Time for application for review or instituting
appeal
Furthermore, if the reasons for a decision of the Tribunal have not been
given in writing and—
(a) an applicant for review of the decision of the Tribunal under
section 70 of the South
Australian Civil and Administrative Tribunal Act 2013; or
(b) a person appealing against a decision of the Tribunal under
section 71 of the South
Australian Civil and Administrative Tribunal Act 2013,
requests the Tribunal within 1 month of the making of the decision to
state the reasons in writing, the time for making the application for review or
instituting the appeal (as the case may be) runs from the time when the person
receives the written statement of reasons.
140—Repeal
of Part 11 Division 9
Part 11 Division 9—delete the Division
141—Amendment
of section 126—Representation in proceedings before
Tribunal
Section 126(1)—after "Act" insert:
(including at a conference or mediation under sections 50 and 51
respectively of the South
Australian Civil and Administrative Tribunal Act 2013),
142—Repeal
of Part 11 Division 11
Part 11 Division 11—delete the Division
(1) In this section—
principal Act means the Residential
Parks Act 2007;
relevant day means the day on which this Part comes into
operation;
Residential Tenancies Tribunal means the Tribunal established
under the
Residential
Tenancies Act 1995;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
(2) A decision (including a decision in the nature of a declaration),
direction or order of the Residential Tenancies Tribunal under the principal Act
in force immediately before the relevant day will, on and from the relevant day,
be taken to be a decision, direction or order of the Tribunal.
(3) A right to make any application or to seek a review under the
principal Act with respect to any matter in existence before the relevant day,
with the effect that the relevant proceedings would have been commenced before
the Residential Tenancies Tribunal, will be exercised as if this Part had been
in operation before the right arose, so that the relevant proceedings may be
commenced instead before the Tribunal.
(4) Any proceedings before the Residential Tenancies Tribunal under the
principal Act immediately 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 commenced before the
Tribunal.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Residential Tenancies Tribunal, and draw any conclusions of fact from that
evidence that appear proper; and
(b) adopt any findings or determinations of the Residential Tenancies
Tribunal that may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision (including a decision in the nature of a
declaration), direction or order in relation to proceedings before the
Residential Tenancies Tribunal before the relevant day (including so as to make
a decision or declaration, or a direction or order, in relation to proceedings
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) The Tribunal may, on application under section 121 of the principal
Act made after the relevant date, vary or set aside an order of the Residential
Tenancies Tribunal made before the relevant date, provided that the application
is made to the Tribunal within 3 months of the making of the order by the
Residential Tenancies Tribunal.
(a) affects the ability to register an order of the Residential Tenancies
Tribunal made before the relevant day in an appropriate court, as provided for
by section 120 of the principal Act before its repeal by this Act; or
(b) affects a right to appeal to the Administrative and Disciplinary
Division of the District Court against a decision, direction or order of the
Residential Tenancies Tribunal made or given before the relevant day.
Part 13—Amendment
of Residential Tenancies
Act 1995
144—Amendment
of section 3—Interpretation
(1) Section 3(1)— after the definition of ancillary
property insert:
bailiff means a bailiff appointed under the South
Australian Civil and Administrative Tribunal Act 2013;
(2) Section
3(1)—after the definition of Commissioner insert:
decision, of the Tribunal, has the same meaning as in the
South
Australian Civil and Administrative Tribunal Act 2013;
Deputy President means a Deputy President of the Tribunal
appointed under the
South
Australian Civil and Administrative Tribunal Act 2013;
Deputy Registrar means a Deputy Registrar of the Tribunal
appointed under the
South
Australian Civil and Administrative Tribunal Act 2013;
(3) Section 3(1)—after the definition of premises
insert:
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013;
(4) Section 3(1)—after the definition of registered community
housing provider insert:
Registrar means the Registrar of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013;
(5) Section 3(1), definition of Rules—delete the
definition
(6) Section 3(1), definition of Tribunal—delete the
definition and substitute:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
145—Amendment
of section 5—Application of Act
Section 5(2)(a)—delete "(Residential Tenancies Tribunal)" and
substitute:
(South Australian Civil and Administrative Tribunal)
146—Substitution
of heading to Part 3
Heading to Part 3—delete the heading and substitute:
Part 3—South Australian Civil and Administrative
Tribunal
147—Repeal
of Part 3 Divisions 1 and 2
Part 3 Divisions 1 and 2—delete the Divisions
148—Amendment
of section 24—Jurisdiction of Tribunal
(1) Section 24(1)(c)—delete paragraph (c)
(2) Section 24(4)—after "this Act" insert:
and, to such extent as may be necessary and appropriate, the powers of the
Tribunal under the South
Australian Civil and Administrative Tribunal Act 2013
149—Substitution
of section 25
Section 25—delete the section and substitute:
25—Application to Tribunal
Despite any requirement under the South
Australian Civil and Administrative Tribunal Act 2013, a
requirement to give notice of an application under this Act—
(a) may, if relevant, be directed to an occupier or subtenant of premises;
and
(b) if paragraph (a) applies, need not address the occupier or subtenant
by name.
25A—Registrar may make orders in certain
cases
The Registrar or a Deputy Registrar of the Tribunal may make an order in
relation to a tenancy dispute with the written consent of the parties to the
dispute (and such an order operates as an order of the Tribunal).
150—Substitution
of heading to Part 3 Division 5
Heading to Part 3 Division 5—delete the heading and
substitute:
Division 5—Procedural powers of
Tribunal
Section 31—delete the section
152—Amendment
of section 32—Intervention of designated housing
agency
Section 32(1), (1a) and (2)—delete subsections (1), (1a)
and (2)
153—Substitution
of section 33
Section 33—delete section 33 and substitute:
33—Amendment of proceedings
The Tribunal may amend proceedings if satisfied that the amendment will
contribute to the expeditious and just resolution of the questions in issue
between the parties.
154—Substitution
of heading to Part 3 Division 7
Heading to Part 3 Division 7—delete the heading and
substitute:
Division 7—Orders
155—Amendment
of section 35—Special powers to make orders
(1) Section 35(2)—delete "Presiding Member" and
substitute:
President or a Deputy President
(2) Section 35(3) to (5)—delete subsections (3) to (5)
(inclusive)
Section 36—delete the section
157—Amendment
of section 37—Application to vary or set aside order
Section 37—after subsection (3) insert:
(4) This section does not limit any provision of the South
Australian Civil and Administrative Tribunal Act 2013.
(5) Proceedings under this section do not constitute a review of a
decision for the purposes of sections 34 or 70 of the South
Australian Civil and Administrative Tribunal Act 2013.
Section 38—delete the section
159—Substitution
of section 39
Section 39—delete section 39 and substitute:
39—Reasons for decisions
The Tribunal must, if requested by a person affected by a decision of the
Tribunal, where written reasons have not been given, state in writing the
reasons for the Tribunal's decision.
39A—Time for application for review or instituting
appeal
Furthermore, if the reasons for a decision of the Tribunal have not been
given in writing and—
(a) an applicant for review of the decision of the Tribunal under
section 70 of the South
Australian Civil and Administrative Tribunal Act 2013; or
(b) a person appealing against a decision of the Tribunal under
section 71 of the South
Australian Civil and Administrative Tribunal Act 2013,
requests the Tribunal within 1 month of the making of the decision to
state the reasons in writing, the time for making the application for review or
instituting the appeal (as the case may be) runs from the time when the person
receives the written statement of reasons.
160—Repeal
of Part 3 Divisions 9 and 10
Part 3 Divisions 9 and 10—delete the Divisions
161—Substitution
of heading to Part 5 Division 8
Heading to Part 5 Division 8—delete the heading and
substitute:
Division 8—Enforcement of orders for
possession
Section 98—delete the section
163—Amendment
of section 99—Enforcement of orders for possession
(1) Section 99(1)(a)—delete "of the Tribunal" wherever
occurring
(2) Section 99(8)—delete subsection (8)
164—Amendment
of section 101—Application of income
Section 101(1)(a)—delete paragraph (a) and substitute:
(a) towards the costs of—
(i) administering and enforcing this Act and the Residential
Parks Act 2007; and
(ii) the operation of the Tribunal to the extent that the costs are
attributable to proceedings under this Act, the Residential
Parks Act 2007 or the Retirement
Villages Act 1987; and
165—Amendment
of section 106—Definitions
Section 106, definition of conciliation
conference—delete the definition and substitute:
conciliation conference means a conference called by the
Commissioner under section 107(4).
166—Amendment
of section 107—Conciliation of dispute by
Commissioner
(1) Section 107(3)—delete "registrar or deputy registrar" and
substitute:
Registrar or a Deputy Registrar
(2) Section 107(6)—delete "registrar or deputy registrar" and
substitute:
Registrar or a Deputy Registrar
167—Repeal
of Part 8 Division 1 Subdivision 3
Part 8 Division 1 Subdivision 3—delete Subdivision 3
168—Amendment
of section 108A—Functions of Commissioner in conciliation of
dispute
Section 108A—delete "Conciliators have the following functions in the
conciliation of a tenancy dispute" and substitute:
The Commissioner has the following functions in the conciliation of a
tenancy dispute under this Division
169—Amendment
of section 108B—Procedure
(1) Section 108B(1) to (5) (inclusive)—delete "conciliator" wherever
occurring and substitute in each case:
Commissioner
(2) Section 108B(7)—delete subsection (7) and substitute:
(7) The settlement must be put into writing and signed by or for the
parties and a copy of the signed settlement must be provided to the
Tribunal.
(3) Section 108B(9)—delete subsection (9)
(4) Section 108B(10)—delete subsection (10) and
substitute:
(10) The Commissioner has the same protection and immunity as a member of
the Tribunal under the South
Australian Civil and Administrative Tribunal Act 2013.
170—Amendment
of section 113—Representation
Section 113(1)—delete "or at a conciliation conference under this
Act" and substitute:
(including a conference or mediation under sections 50 and 51 respectively
of the South
Australian Civil and Administrative Tribunal Act 2013), or at a
conciliation conference under this Act,
171—Amendment
of section 114—Remuneration of representative
Section 114—delete "or at a conciliation conference under this Act"
and substitute:
(including a conference or mediation under sections 50 and 51 respectively
of the South
Australian Civil and Administrative Tribunal Act 2013), or at a
conciliation conference under this Act,
(1) In this section—
principal Act means the Residential
Tenancies Act 1995;
relevant day means the day on which this Part comes into
operation;
Residential Tenancies Tribunal means the Tribunal established
under the
Residential
Tenancies Act 1995;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
(2) A decision (including a decision in the nature of a declaration),
direction or order of the Residential Tenancies Tribunal under the principal Act
in force immediately before the relevant day will, on and from the relevant day,
be taken to be a decision, direction or order of the Tribunal.
(3) A right to make any application or to seek a review under the
principal Act with respect to any matter in existence before the relevant day,
with the effect that the relevant proceedings would have been commenced before
the Residential Tenancies Tribunal, will be exercised as if this Part had been
in operation before the right arose, so that the relevant proceedings may be
commenced instead before the Tribunal.
(4) Any proceedings before the Residential Tenancies Tribunal under the
principal Act immediately 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 commenced before the
Tribunal.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Residential Tenancies Tribunal, and draw any conclusions of fact from that
evidence that appear proper; and
(b) adopt any findings or determinations of the Residential Tenancies
Tribunal that may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision (including a decision in the nature of a
declaration), direction or order in relation to proceedings before the
Residential Tenancies Tribunal before the relevant day (including so as to make
a decision or declaration, or a direction or order, in relation to proceedings
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) The Tribunal may, on application under section 37 of the principal Act
made after the relevant date, vary or set aside an order of the Residential
Tenancies Tribunal made before the relevant date.
(7) The Residential
Tenancies Tribunal is dissolved by force of this subsection.
(8) A member of the Residential Tenancies Tribunal holding office when
subsection (7)
comes into operation will cease to hold office at that time and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time (and no right of
action will arise against a Minister or the State on account of that
termination).
(a) affects the ability to register an order of the Residential Tenancies
Tribunal made before the relevant day in an appropriate court, as provided for
by section 36 of the principal Act before its repeal by this Act; or
(b) affects a right to appeal to the Administrative and Disciplinary
Division of the District Court against a decision, direction or order of the
Residential Tenancies Tribunal made or given before the relevant day.
Part 14—Amendment
of Retirement Villages
Act 1987
173—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of authorised
officer insert:
bailiff means a bailiff appointed under the South
Australian Civil and Administrative Tribunal Act 2013;
(2) Section 3(1)—after the definition of community retirement
village insert:
Deputy President means a Deputy President of the Tribunal
appointed under the
South
Australian Civil and Administrative Tribunal Act 2013;
(3) Section 3(1)—after the definition of premium
insert:
President means the President of the Tribunal appointed under
the
South
Australian Civil and Administrative Tribunal Act 2013;
(4) Section 3(1), definition of the Tribunal—delete
the definition and substitute:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
174—Amendment
of section 31—Termination of residents' rights
Section 31(11)—delete "of the Tribunal"
175—Amendment
of section 32—Resolution of disputes
(1) Section 32(3) to (5)—delete subsections (3) to (5)
(inclusive) and substitute:
(3) Despite section 51(3) of the South
Australian Civil and Administrative Tribunal Act 2013, the Tribunal
may only refer a matter, or any aspect of a matter, in dispute between an
administering authority and a resident for mediation with the express consent of
the parties (which may not be subsequently withdrawn).
(2) Section 32(6)(b)—delete paragraph (b)
(3) Section 32(7)—delete subsection (7)
(4) Section 32—after subsection (8) insert:
(8a) However, a member of the Tribunal who is not legally qualified cannot
make an order under subsection (8) without the approval of the President or
a Deputy President of the Tribunal.
(5) Section 32(10) and (11)—delete subsections (10) and
(11)
(6) Section 32(13)(b)—delete paragraph (b)
Section 39—delete the section
177—Amendment
of Schedule 1—Proceedings before Tribunal
(1) Schedule 1, clause 2—delete clause 2
(2) Schedule 1, clause 3(2)—delete subclause (2) and
substitute:
(2) An application under subclause (1) must be made within 1 month of the
making or giving of the order, decision or direction (unless the Tribunal allows
an extension of time).
(3) This clause does not limit any provision of the South
Australian Civil and Administrative Tribunal Act 2013.
(4) Proceedings under this clause do not constitute a review of a decision
for the purposes of sections 34 or 70 of the South
Australian Civil and Administrative Tribunal Act 2013.
(3) Schedule 1, clauses 4 and 5—delete the clauses
(4) Schedule 1, clauses 7 and 8—delete the clauses
(5) Schedule 1, clause 9—delete the clause and substitute:
9—Costs on referral of question of
law
Any costs arising from the referral of a question of law to the Supreme
Court under section 26(2)(b) of the South
Australian Civil and Administrative Tribunal Act 2013, including
costs incurred by the parties to the proceedings, must be paid out of the
General Revenue of the State and this Act, without any further appropriation, is
sufficient authority for such payment.
(1) In this section—
principal Act means the Retirement
Villages Act 1987;
relevant day means the day on which this Part comes into
operation;
Residential Tenancies Tribunal means the Tribunal established
under the
Residential
Tenancies Act 1995;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
(2) A decision, direction or order of the Residential Tenancies Tribunal
under the principal Act in force immediately before the relevant day will, on
and from the relevant day, be taken to be a decision, direction or order of the
Tribunal.
(3) A right to make any application or to seek a review under the
principal Act with respect to any matter in existence before the relevant day,
with the effect that the relevant proceedings would have been commenced before
the Residential Tenancies Tribunal, will be exercised as if this Part had been
in operation before the right arose, so that the relevant proceedings may be
commenced instead before the Tribunal.
(4) Any proceedings before the Residential Tenancies Tribunal under the
principal Act immediately 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 commenced before the
Tribunal.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Residential Tenancies Tribunal, and draw any conclusions of fact from that
evidence that appear proper; and
(b) adopt any findings or determinations of the Residential Tenancies
Tribunal that may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision, direction or order in relation to
proceedings before the Residential Tenancies Tribunal before the relevant day
(including so as to make a decision, direction or order in relation to
proceedings 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) The Tribunal may, on application under Schedule 1 clause 3 of the
principal Act made after the relevant date, vary or set aside an order of the
Residential Tenancies Tribunal made before the relevant date, provided that the
application is made to the Tribunal within 3 months of the making of the order
by the Residential Tenancies Tribunal.
(7) Nothing in this
section affects a right to appeal to the District Court against a decision,
direction or order of the Residential Tenancies Tribunal made or given before
the relevant day (as the right existed under section 39 of the principal Act
before its repeal by this Act).
Part 15—Amendment
of South Australian Civil and Administrative
Tribunal Act 2013
179—Amendment
of section 33—Original jurisdiction
(1) Section 33(1)—delete "review of a decision" and
substitute:
reviewable decision within the meaning of section 34
(2) Section 33(2)—delete subsection (2) and substitute:
(2) Subject to subsections (3) and (4) the Tribunal will, in its original
jurisdiction, depending on the nature of the matter—
(a) act as the original decision-maker in the matter (and accordingly
apply those principles which, according to law, are to be applied to bodies that
make such decisions pursuant to statute); or
(b) resolve a dispute between parties to the relevant proceedings;
or
(c) adopt any other course of action that the Tribunal considers
appropriate to deal with the matter.
180—Amendment
of section 34—Decisions within review jurisdiction
(1) Section 34(1)—after "decision" insert:
(a reviewable decision)
(2) Section 34(2)—delete subsection (2) and substitute:
(2) For the purposes of subsection (1) (and the other sections of this
Division), and subject to the provisions of a relevant Act, a reviewable
decision is—
(a) a decision made by the Crown or an agency or instrumentality of the
Crown; or
(b) a decision made by a prescribed person or body; or
(c) a prescribed decision or class of decision,
but does not include a decision made by a person or body or a decision, or
class of decision, excluded by the regulations.
(2A) For the purposes of this Act, the person or body that made or is
taken to have made the reviewable decision is the decision-maker
for the decision.
181—Amendment
of section 39—Principles governing hearings
Section 39(1)(b)—delete paragraph (b) and
substitute:
(b) the Tribunal is not bound by the rules of evidence, may adopt, as in
its discretion it considers appropriate, any findings, decision or judgment of a
court or other tribunal (insofar as may be relevant to the proceedings before
the Tribunal), and may otherwise inform itself as it thinks fit; and
182—Amendment
of section 43—Practice and procedure generally
Section 43(2)—after paragraph (e) insert:
and
(f) may proceed to hear and determine proceedings in the absence of a
party.
183—Amendment
of section 53—Parties
Section 53(1)—after paragraph (c) insert:
(ca) without limiting a preceding paragraph, a respondent to an
application before the Tribunal, a person against whom a claim is made by
proceedings brought before the Tribunal, or a party to a dispute before the
Tribunal; or
184—Amendment
of section 70—Internal reviews
Section 70(1)—delete subsection (1) and substitute:
(1) Subject to this section, an application for a review of a decision of
the Tribunal—
(a) in the exercise of its original jurisdiction; or
(b) as constituted by a registrar or other member of the staff of the
Tribunal,
may be made under this section.
(1a) An application for review under subsection (1)(b) is only by leave of
a Presidential member of the Tribunal.
185—Amendment
of section 71—Appeals
(1) Section 71—after subsection (1) insert:
(1a) The Rules of the Supreme Court may provide that a matter that would
otherwise go to the Full Court under subsection (1) will instead go to a
single Judge, and vice versa.
(2) Section 71—after subsection (2) insert:
(2a) Without
limiting subsection (2), an appeal against a decision of the Tribunal in
the exercise of its original jurisdiction, or in a case where the Tribunal is
constituted by a registrar or other member of the staff of the Tribunal, may not
be instituted under this section unless or until a review of the decision has
been conducted under section 70.
(2b) However—
(a) the operation of
subsection (2a)
may be—
(i) displaced by the Rules of the Supreme Court in specified classes of
cases; or
(ii) displaced by regulations under this Act; or
(iii) displaced or modified by the provisions of a relevant Act;
and
(b)
subsection (2a)
does not apply if the President of the Tribunal determines that a decision (or
class of decision) should not be subject to a requirement for review under
section 70.
(3) Section 71—after subsection (3) insert:
(3a) An appeal under this section will be by way of rehearing.
(3b) The Supreme Court may, in conducting an appeal, draw inferences of
fact from evidence or material before the Tribunal and may, as it thinks fit,
allow further evidence or material to be presented to it.
(4) Section 71(4)(c)—delete paragraph (c) and substitute:
(c) set aside the decision appealed against and, if it thinks fit, return
the matter to the Tribunal for reconsideration in accordance with any directions
that the Court considers appropriate.
186—Amendment
of section 79—Immunities
Section 79(5)—after "Tribunal" insert:
or produces books, papers or documents to the Tribunal
After section 89 insert—
89A—Bailiffs
(1) The President may appoint a person to be a bailiff.
(2) The office of bailiff may be held (but may not need to be held)
by—
(a) a person employed in a public sector agency; or
(b) a person appointed under the Courts
Administration Act 1993 or the Sheriff's
Act 1978.
(3) The regulations may prescribe fees to be paid in respect of any action
taken by a bailiff (and provide for the recovery or enforcement of such a
fee).
(4) A bailiff (and, if relevant, a police officer assisting a bailiff)
incurs no civil or criminal liability for an honest act or omission in carrying
out or purportedly carrying out official functions.
188—Amendment
of section 92—Annual report
Section 92—after subsection (2) insert:
(3) The report must include any information prescribed by the
regulations.
After section 93 insert:
93A—Disrupting proceedings of
Tribunal
(1) A person who is present at a place where proceedings of the Tribunal
are being conducted must not—
(a) wilfully interrupt any proceedings; or
(b) behave in a disorderly or offensive manner; or
(c) use offensive language.
Maximum penalty: $10 000 or imprisonment for 6 months.
(2) Nothing in this section derogates from the operation of another
provision of this Act.
(3) In this section—
offensive includes threatening, abusive or
insulting.
190—Amendment
of section 95—Regulations
(1) Section 95(2)—after paragraph (d) insert:
and
(e) make provisions of a saving or transitional nature consequent on the
vesting of jurisdiction on the Tribunal under another Act.
(2) Section 95—after subsection (3) insert:
(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 regulation).
Part 16—Amendment
of South Australian Housing Trust
Act 1995
191—Amendment
of section 32A—Interpretation
(1) Section 32A(1), definition of Appeal Panel—delete
the definition
(2) Section 32A(1)—after the definition of tenant
insert:
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
(3) Section 32A(2)(c)—delete paragraph (c) and
substitute:
(c) a complaint about a matter that is the subject of proceedings before
the Tribunal exercising its jurisdiction conferred under another Act, or
proceedings before a court or another tribunal constituted by law;
Section 32B—delete the section
193—Amendment
of section 32D—Appeals
(1) Section 32D(1)—delete "Appeal Panel" and substitute:
Tribunal
(2) Section 32D(2)(b)—delete "Appeal Panel" and
substitute:
Tribunal
(3) Section 32D(3) to (5)—delete subsections (3) to (5)
(inclusive)
(4) Section 32D(6)—delete "Appeal Panel" and substitute:
Tribunal
(5) Section 32D(6)—delete "Appeal Panel's" and substitute:
Tribunal's
(6) Section 32D(7)(a)—delete "Appeal Panel" and
substitute:
Tribunal
(7) Section 32D—after subsection (8) insert:
(9) Section 71 of the South
Australian Civil and Administrative Tribunal Act 2013 does not
apply to or in relation to a decision of the Tribunal under this
section.
(1) In this section—
Appeal Panel means the Housing Appeal Panel established under
the
South
Australian Housing Trust Act 1995;
principal Act means the South
Australian Housing Trust Act 1995;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the
South
Australian Civil and Administrative Tribunal Act 2013.
(2) A decision, direction or order of the Appeal Panel under the principal
Act in force immediately before the relevant day will, on and from the relevant
day, be taken to be a decision, direction or order of the Tribunal.
(3) A right to make any application or to seek a review under the
principal Act with respect to any matter in existence before the relevant day,
with the effect that the relevant proceedings would have been commenced before
the Appeal Panel, will be exercised as if this Part had been in operation before
the right arose, so that the relevant proceedings may be commenced instead
before the Tribunal.
(4) Any proceedings before the Appeal Panel under the principal Act
immediately 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 commenced before the Tribunal.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Appeal Panel, and draw any conclusions of fact from that evidence that
appear proper; and
(b) adopt any findings or determinations of the Appeal Panel that may be
relevant to proceedings before the Tribunal; and
(c) adopt or make any decision, direction or order in relation to
proceedings before the Appeal Panel before the relevant day (including so as to
make a decision, direction or order in relation to proceedings 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) The Appeal
Panel is dissolved by force of this subsection.
(7) A member of the Appeal Panel holding office when
subsection (6)
comes into operation will cease to hold office at that time and any contract of
employment, agreement or arrangement relating to the office held by that member
is terminated by force of this subsection at the same time (and no right of
action will arise against a Minister or the State on account of that
termination).