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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
South Australian Employment Tribunal (Miscellaneous)
Amendment Bill 2018
A BILL FOR
An Act to amend the
South
Australian Employment Tribunal Act 2014
.
Contents
Part 2—Amendment of South Australian
Employment Tribunal Act 2014
3Amendment of section 4—Relevant Acts
prevail
4Amendment of section 6A—Conferral of
jurisdiction—criminal matters
The Parliament of South Australia enacts as
follows:
This Act may be cited as the South Australian Employment Tribunal
(Miscellaneous) Amendment Act 2018.
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 South Australian Employment Tribunal Act
2014
3—Amendment
of section 4—Relevant Acts prevail
Section 4(1)—delete "If" and substitute:
Subject to section 6AB, if
4—Amendment
of section 6A—Conferral of jurisdiction—criminal
matters
(1) Section 6A—after subsection (6) insert:
(6a) In the
exercise of the criminal jurisdiction to which this section applies, a
magistrate of the South Australian Employment Court may not award by way of
compensation under section 124 of the
Sentencing
Act 2017
more than $20 000 (or if a greater amount is prescribed under section
124(6)(c) of that Act—the prescribed amount).
(2) Section 6A(7)—delete subsection (7) and substitute:
(7) If a magistrate of the South Australian Employment Court is of the
opinion in any particular case that—
(a) a sentence should be imposed that exceeds the limit prescribed by
subsection (6); or
(b) an award of compensation should be made that exceeds the limit
applying under
subsection (6a)
,
the magistrate may remand the defendant to appear for sentence before a
judge of the South Australian Employment Court.
After section 6A—insert:
6AB—Diversity proceedings
(1) Despite the
provisions of this or any other Act, if—
(a) the determination of a matter that is within the jurisdiction of the
Tribunal involves the exercise of federal diversity jurisdiction; or
(b) the determination of a matter would be within the jurisdiction of the
Tribunal but for the fact that the exercise of the jurisdiction would involve
the exercise of federal diversity jurisdiction,
then the jurisdiction must be exercised by the Tribunal sitting as the
South Australian Employment Court.
(2) If, in proceedings
before the Tribunal (other than the Tribunal sitting as the South Australian
Employment Court), whether commenced before or after the commencement of this
section, the Tribunal considers that the determination of the matter involves,
or may involve, the exercise of federal diversity jurisdiction, the Tribunal
must refer the proceedings to the South Australian Employment Court for
determination.
(3) A proceeding—
(a) that is before the South Australian Employment Court in the exercise
of jurisdiction under
subsection (1)
; or
(b) referred to the South Australian Employment Court under
subsection (2)
,
is a diversity proceeding.
(4) If proceedings are
referred to the South Australian Employment Court under
subsection (2)
, the proceedings may be continued and completed, subject to the direction
of the Court, as if steps taken in the proceedings prior to the referral had
been taken in the Court.
(5) In respect of diversity proceedings under this section and despite
anything to the contrary in a relevant Act—
(a) the South Australian Employment Court may not be constituted of
supplementary panel members; and
(b) in the case of proceedings referred to the Court under
subsection (2)
that prior to the referral involved 1 or more supplementary panel members,
the proceedings may be continued and completed in the absence of the panel
members.
(6) The South Australian Employment Court may, if the Court is satisfied
that the matter does not involve the exercise of federal diversity
jurisdiction—
(a) remit the proceedings to the Tribunal as originally constituted;
and
(b) make such orders that the Court considers appropriate to facilitate
the determination of the proceedings.
(7) The South Australian Employment Court has, and may exercise, all of
the jurisdiction, powers and functions in relation to diversity proceedings that
the Tribunal (other than in Court Session) would have had if it could exercise
federal diversity jurisdiction, including jurisdiction, powers and functions
conferred or imposed on the Tribunal by or under this Act or a relevant
Act.
(8) The practices and procedures under this Act (including the rules) or a
relevant Act that apply to the Tribunal (other than in Court Session) will apply
to the South Australian Employment Court in respect of diversity proceedings
unless, and to such extent as, the Court determines otherwise.
(9) The amount specified in a purported monetary order made by the
Tribunal may be recovered in the appropriate court (within the meaning of
section 86) by the person in favour of whom the order was made as if it were a
debt.
(10) A person who contravenes or fails to comply with the terms of a
purported order of the Tribunal (other than a purported monetary order) is
guilty of an offence.
Maximum penalty: $50 000 or imprisonment for 2 years.
(11) If a person seeks a variation or revocation of a purported order or
purported monetary order, the person may apply to the South Australian
Employment Court, and such a matter will be a diversity proceeding for the
purposes of this section.
(12) No action undertaken, or purportedly undertaken, by a person pursuant
to, or for the purposes of enforcing, a purported order or a purported monetary
order, in good faith, gives rise to any liability against the person or the
Crown.
(13) In this section, a reference to a purported order or a
purported monetary order is a reference to an order purportedly
made by the Tribunal other than in Court Session (whether before or after the
commencement of this section) that is invalid because determination of the
matter that gave rise to the order involved the exercise of federal diversity
jurisdiction and that, on the commencement of this section, is to be made by the
South Australian Employment Court.
(14) The provisions of this section prevail to the extent of any
inconsistency between those provisions and any other provisions of this Act or
any other Act.
(15) In this section—
federal diversity jurisdiction means jurisdiction of the kind
referred to in section 75(iii) or (iv) of the
Constitution
of the Commonwealth
.