Title: South Australian Employment TribunalRegulations 2015
Subject: South Australian Employment TribunalAct 2014
Author: Office of Parliamentary Counsel
Last saved by: Mrs Anne Lemmey
Category: public
Document comments: 177

No 177 of 2015 published in Gazette 25.6.2015 p 3087

South Australian Employment Tribunal Regulations 2015

South Australia
South Australian Employment Tribunal Regulations 2015
under the South Australian Employment Tribunal Act 2014

Contents
1	Short title
2	Commencement
3	Interpretation
4	Meaning of decision of the Tribunal
5	Provision of reasons for decision or other documents or things by decision‑maker
6	Service
7	Enforcement of monetary orders
8	Accessibility of evidence
9	Annual report

1—Short title
These regulations may be cited as the South Australian Employment Tribunal Regulations 2015.
2—Commencement
These regulations will come into operation on 1 July 2015.
3—Interpretation
In these regulations—
Act means the South Australian Employment Tribunal Act 2014.
4—Meaning of decision of the Tribunal
For the purposes of the definition of decision in section 3(1) of the Act, a decision of the Tribunal does not include the following interlocutory directions, determinations or orders in respect of the operation of Part 5 of the Act:
	(a)	the adjournment of proceedings by the Tribunal or the refusal of the Tribunal to adjourn proceedings (including without limitation, such an order in respect of a conference under section 43 of the Act);
	(b)	a direction of the Tribunal under section 38 of the Act;
	(c)	a direction of the Tribunal under section 55(2)(e), (f), (g) or (i) of the Act;
	(d)	a determination of the Tribunal under section 62(1) or (2) of the Act.
5—Provision of reasons for decision or other documents or things by decision‑maker
For the purposes of section 28(2) of the Act, the time prescribed for the provision of a written statement of reasons or other relevant document or thing referred to in that section is 21 days from the time the decision‑maker receives notice that an application has been made to the Tribunal for a review of the decision‑maker's decision.
6—Service
	(1)	For the purposes of section 84(3) of the Act, the Tribunal may order that a process, notice or other document required or authorised to be given to or served on a person relating to any proceedings before the Tribunal may—
	(a)	be given to the person personally; or
	(b)	be left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or
	(c)	be transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission); or
	(d)	if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act.
	(2)	If a person refuses to accept personal service of a notice or other document required or authorised to be served on the person under the Act, or a relevant Act for the purpose of proceedings before the Tribunal, the notice or document will be taken to have been served personally on the person if the person serving the notice or document—
	(a)	puts it down in the person's presence; and
	(b)	tells the person what the notice or document is.
	(3)	It is not necessary to show the original of the notice or document to the person being served.
7—Enforcement of monetary orders
	(1)	A party to proceedings under the Return to Work Act 2014 is recognised for the purposes of section 86(1) of the Act.
	(2)	Unless subregulation (1) would otherwise apply, in the case of a monetary order that is an order as to the payment of costs made by the Tribunal—the person in favour of whom the order is made is recognised for the purposes of section 86(1) of the Act.
8—Accessibility of evidence
	(1)	For the purposes of section 87(2)(d) of the Act, the following classes of material are prescribed:
	(a)	recordings of Tribunal proceedings in the form of an audio, video or other recording from which a visual image or sound can be produced;
	(b)	material concerning the personal affairs of a person, the general disclosure of which would be unreasonable;
	(c)	material that contains allegations or suggestions of criminal or other improper conduct on the part of a person, the truth of which has not been established by judicial process and the general disclosure of which would be unreasonable;
	(d)	material that contains matter consisting of information—
	(i)	concerning a person under the age of 18 years, or concerning such a person's family or circumstances, or information of any kind furnished by a person who was under that age when the information was furnished; and
	(ii)	the general disclosure of which would be unreasonable having regard to the need to protect that person's welfare;
	(e)	material that contains matter consisting of information—
	(i)	concerning a person suffering from a mental illness, impairment or infirmity or concerning such a person's family or circumstances, or any information of any kind furnished by a person suffering from mental illness, impairment or infirmity when the information was furnished; and
	(ii)	the general disclosure of which would be unreasonable having regard to the need to protect that person's welfare.
	(2)	In this regulation—
personal affairs of a person includes the person's—
	(a)	financial affairs;
	(b)	criminal records;
	(c)	marital or other personal relationships;
	(d)	employment records;
	(e)	personal qualities, attributes or health status.
9—Annual report
For the purposes of section 89(3) of the Act, a report must include the following particulars in respect of the financial year to which the report relates:
	(a)	information relating to each category of reviewable decision considered by the Tribunal (according to the section of the Return to Work Act 2014 under which the original decision was made) as follows:
	(i)	the number of applications considered by the Tribunal for each category of decision;
	(ii)	the proportion of the total number of disputes considered by the Tribunal under Part 6 of the Return to Work Act 2014 that each category of decision represents;
	(iii)	a summary of the range of periods of time taken for each category of decision between the receipt of applications by the Tribunal and the resolution of matters (in relation to matters resolved in the relevant financial year);
	(b)	the number of applications made to the Tribunal for an expedited determination of a matter under section 113 of the Return to Work Act 2014;
	(c)	the number of extension of time applications granted by the Tribunal under section 100 of the Return to Work Act 2014;
	(d)	the number of referrals made to independent medical advisers by the Tribunal under section 121 of the Return to Work Act 2014;
	(e)	the number of reviews and appeals instituted under Part 5 of the Act.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 25 June 2015
No 177 of 2015
MIR0035/15CS