South Australian Current Acts South Australian Current Acts95B—Referral of complaints to Tribunal
(1) If, in respect of
a complaint, the Commissioner—
(a) is
of the opinion that the matter cannot be resolved by conciliation; or
(b) has
attempted to resolve the matter by conciliation but has not been successful in
that attempt; or
(ba) is
of the opinion that the matter should be transferred (whether or not there has
been an attempt to resolve the matter by conciliation); or
(c) has
declined to recognise the complaint as one on which action should be taken and
the complainant has, within 3 months of being notified of the
Commissioner's decision, by notice in writing, required the Commissioner to
refer the complaint to the Tribunal,
the Commissioner must refer the matter to the Tribunal for hearing and
determination.
(2) However if, in
respect of a complaint, the Commissioner is of the opinion that the matter
involves—
(a) an
alleged contravention of Part 3 Division 2, Part 4 Division 2, Part 5 Division
2, Part 5A Division 2 or Part 5B Division 2; or
(b) an
alleged contravention of section 86, 87 or 88 by a person against—
(i)
a person with whom they work; or
(ii)
a person who is seeking to become a fellow worker,
the Commissioner must not refer the matter to the Tribunal under
subsection (1) but must instead refer the matter to SAET (subject to
subsection (2a)).
(2a) If, in respect of
a complaint, the Commissioner is of the opinion that the matter involves both
alleged contraventions of a kind referred to in subsection (2) and other
matters, the Commissioner may refer the matter to SAET or to the Tribunal, as
the Commissioner thinks fit.
(3) If the
Commissioner refers a matter to SAET under subsection (2) or (2a), SAET
will be taken to have jurisdiction under this Act to deal with the matter and
the matter may be determined by SAET in accordance with this Act.