South Australian Current Acts South Australian Current ActsNotes
• This version is comprised of the following:
|
Part 1 |
1.1.2024 |
|
Part 2 |
2.8.2021 |
|
Part 3 |
15.2.2021 |
|
Part 4 |
2.8.2021 |
|
Part 4A |
15.2.2021 |
|
Part 5 |
15.2.2021 |
|
Part 6 |
15.2.2021 |
|
Schedules |
15.2.2021 |
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Fire and Emergency Services Act 2005 repealed the
following:
South Australian Metropolitan Fire Service Act 1936
State Emergency Service Act 1987
Legislation amended by principal Act
The Fire and Emergency Services Act 2005 amended the
following:
Emergency Services Funding Act 1998
Private Parking Areas Act 1986
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
2005 |
40 |
14.7.2005 |
1.10.2005 (Gazette 29.9.2005 p3547) |
|
|
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
|
|
2006 |
43 |
Statutes Amendment (Domestic Partners) Act 2006 |
14.12.2006 |
Pt 35 (s 103)—1.6.2007 (Gazette 26.4.2007 p1352) |
|
2006 |
44 |
Statutes Amendment (Justice Portfolio) Act 2006 |
14.12.2006 |
|
|
2008 |
9 |
17.4.2008 |
17.4.2008 |
|
|
2009 |
29 |
Statutes Amendment (Public Health Incidents and Emergencies) Act
2009 |
25.6.2009 |
|
|
2009 |
44 |
Fire and Emergency Services (Review) Amendment Act 2009 |
1.10.2009 |
1.11.2009 (Gazette 29.10.2009 p4983) |
|
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
Pt 63 (ss 141—158)—1.2.2010 (Gazette 28.1.2010
p320) |
|
2011 |
21 |
16.6.2011 |
Sch 1 (cl 7)—16.9.2012 (Gazette 30.8.2012
p3945) |
|
|
2013 |
16 |
Statutes Amendment (Directors' Liability) Act 2013 |
23.5.2013 |
|
|
2015 |
8 |
Statutes Amendment (Boards and Committees—Abolition and Reform)
Act 2015 |
18.6.2015 |
Pt 13 (ss 73 & 74)—1.7.2015 (Gazette 25.6.2015
p3076) |
|
2016 |
63 |
Statutes Amendment (South Australian Employment Tribunal)
Act 2016 |
8.12.2016 |
|
|
2017 |
5 |
Statutes Amendment (Planning, Development and Infrastructure)
Act 2017 |
28.2.2017 |
Pt 11 (s 43)—19.3.2021 (Gazette 4.3.2021 p823);
ss 41 & 42—uncommenced—will not be brought into
operation |
|
2019 |
20 |
Fire and Emergency Services (Volunteer Charters) Amendment
Act 2019 |
8.8.2019 |
8.8.2019 |
|
2019 |
25 |
Statutes Amendment and Repeal (Simplify) Act 2019 |
3.10.2019 |
|
|
2019 |
33 |
21.11.2019 |
Sch 5 (cll 19 to 22)—1.7.2020 (Gazette 25.6.2020
p3502) |
|
|
2020 |
8 |
Fire and Emergency Services (Miscellaneous) Amendment
Act 2020 |
7.5.2020 |
15.2.2021 (Gazette 11.2.2021 p345) |
|
2021 |
15 |
Fire and Emergency Services (Governance) Amendment
Act 2021 |
20.5.2021 |
2.8.2021 (Gazette 29.7.2021 p2915) |
|
2023 |
39 |
7.12.2023 |
Sch 1 (cl 9)—1.1.2024: s 2 |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Pt 1 |
|
|
|
Long title |
amended under Legislation Revision and Publication
Act 2002 |
18.1.2007 |
|
|
amended by 44/2009 s 4 |
1.11.2009 |
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
18.1.2007 |
|
|
|
|
|
|
|
|
|
amended by 15/2021 s 4 |
2.8.2021 |
|
|
amended by 63/2016 s 101(1) |
1.7.2017 |
|
|
business day |
inserted by 8/2020 s 4(1) |
15.2.2021 |
|
|
deleted by 39/2023 Sch 1 cl 9 |
1.1.2024 |
|
amended by 84/2009 s 141(1), (2) |
1.2.2010 |
|
|
inserted by 44/2009 s 5(1) |
1.11.2009 |
|
|
District Court |
deleted by 44/2009 s 5(2) |
1.11.2009 |
|
inserted by 43/2006 s 103(1) |
1.6.2007 |
|
|
amended by 29/2009 s 14 |
25.6.2009 |
|
|
substituted by 44/2009 s 5(3) |
1.11.2009 |
|
|
Industrial Relations Commission |
inserted by 44/2006 s 22 |
18.1.2007 |
|
|
deleted by 63/2016 s 101(2) |
1.7.2017 |
|
inserted by 8/2020 s 4(2) |
15.2.2021 |
|
|
inserted by 44/2009 s 5(4) |
1.11.2009 |
|
|
amended by 44/2009 s 5(5) |
1.11.2009 |
|
|
amended by 84/2009 s 141(3) |
1.2.2010 |
|
|
amended by 9/2008 s 2 (Sch 1) |
17.4.2008 |
|
|
inserted by 8/2020 s 4(3) |
15.2.2021 |
|
|
inserted by 63/2017 s 101(3) |
1.7.2017 |
|
|
substituted by 43/2006 s 103(2) |
1.6.2007 |
|
|
s 3(1a) and (1b) |
inserted by 8/2020 s 4(4) |
15.2.2021 |
|
amended by 44/2009 s 5(6) |
1.11.2009 |
|
|
amended by 43/2006 s 103(3)—(5) |
1.6.2007 |
|
|
inserted by 44/2009 s 6 |
1.11.2009 |
|
|
Pt 2 |
|
|
|
Pt 2 Div 2 |
|
|
|
|
|
|
|
amended by 44/2009 s 7 |
1.11.2009 |
|
|
|
amended by 15/2021 s 5 |
2.8.2021 |
|
Pt 2 Div 3 |
|
|
|
|
|
|
|
amended by 44/2009 s 8(1) |
1.11.2009 |
|
|
inserted by 44/2009 s 8(2) |
1.11.2009 |
|
|
amended by 44/2009 s 8(3) |
1.11.2009 |
|
|
|
|
|
|
amended by 44/2009 s 9(1)—(3) |
1.11.2009 |
|
|
|
amended by 15/2021 s 6 |
2.8.2021 |
|
|
|
|
|
amended by 15/2021 s 7 |
2.8.2021 |
|
|
substituted by 44/2009 s 10(1) |
1.11.2009 |
|
|
amended by 44/2009 s 10(2) |
1.11.2009 |
|
|
deleted by 44/2009 s 10(3) |
1.11.2009 |
|
|
amended by 44/2009 s 10(4) |
1.11.2009 |
|
|
deleted by 44/2009 s 11 |
1.11.2009 |
|
|
inserted by 84/2009 s 142 |
1.2.2010 |
|
|
Pt 2 Div 4 |
|
|
|
|
|
|
|
amended by 44/2009 s 12(1), (2) |
1.11.2009 |
|
|
|
|
|
|
s 17 amended and redesignated as s 17(1) by 41/2006
s 46(1)—(3) |
1.4.2007 |
|
|
|
amended by 84/2009 s 143 |
1.2.2010 |
|
inserted by 41/2006 s 46(3) |
1.4.2007 |
|
|
inserted by 44/2009 s 13 |
1.11.2009 |
|
|
Pt 2 Div 5 |
substituted by 44/2009 s 14 |
1.11.2009 |
|
Pt 2 Div 7 |
|
|
|
|
|
|
|
amended by 84/2009 s 144(1) |
1.2.2010 |
|
|
amended by 84/2009 s 144(2) |
1.2.2010 |
|
|
Pt 3 |
|
|
|
|
|
|
|
amended by 8/2020 s 5 |
15.2.2021 |
|
|
|
|
|
|
amended by 84/2009 s 145 |
1.2.2010 |
|
|
|
|
|
|
amended by 41/2006 s 47 |
1.4.2007 |
|
|
amended by 84/2009 s 146 |
1.2.2010 |
|
|
|
|
|
|
amended by 44/2006 s 23(1)—(3) |
18.1.2007 |
|
|
|
amended by 63/2016 s 102(1), (2) |
1.7.2017 |
|
amended by 41/2006 s 48 |
1.4.2007 |
|
|
|
|
|
|
amended by 41/2006 s 49 |
1.4.2007 |
|
|
|
|
|
|
inserted by 41/2006 s 50 |
1.4.2007 |
|
|
|
|
|
|
amended by 8/2020 s 6(1) |
15.2.2021 |
|
|
amended by 8/2020 s 6(2), (3) |
15.2.2021 |
|
|
|
|
|
|
amended by 8/2020 s 7(1), (2) |
15.2.2021 |
|
|
substituted by 8/2020 s 7(3) |
15.2.2021 |
|
|
inserted by 8/2020 s 7(3) |
15.2.2021 |
|
|
amended by 8/2020 s 7(4) |
15.2.2021 |
|
|
substituted by 8/2020 s 7(5) |
15.2.2021 |
|
|
amended by 8/2020 s 7(6) |
15.2.2021 |
|
|
amended by 8/2020 s 7(7) |
15.2.2021 |
|
|
amended by 8/2020 s 7(8) |
15.2.2021 |
|
|
|
|
|
|
amended by 29/2009 s 15(1)—(3) |
25.6.2009 |
|
|
s 42(4a) and (4b) |
inserted by 44/2009 s 15(1) |
1.11.2009 |
|
amended by 8/2020 s 8(1) |
15.2.2021 |
|
|
inserted by 8/2020 s 8(2) |
15.2.2021 |
|
|
inserted by 44/2009 s 15(2) |
1.11.2009 |
|
|
amended by 29/2009 s 16 |
25.6.2009 |
|
|
|
|
|
|
amended by 44/2009 s 16 |
1.11.2009 |
|
|
|
amended by 63/2016 s 103 |
1.7.2017 |
|
s 49 before substitution by 63/2016 |
|
|
|
amended by 44/2009 s 17 |
1.11.2009 |
|
|
substituted by 63/2016 s 104 |
1.7.2017 |
|
|
s 50 before deletion by 63/2016 |
|
|
|
s 50(1) |
amended by 44/2009 s 18(1) |
1.11.2009 |
|
s 50(2) |
amended by 44/2009 s 18(2) |
1.11.2009 |
|
amended by 44/2009 s 19 |
1.11.2009 |
|
|
s 50 |
deleted by 63/2016 s 104 |
1.7.2017 |
|
amended by 63/2016 s 105 |
1.7.2017 |
|
|
|
|
|
|
amended by 84/2009 s 147(1) |
1.2.2010 |
|
|
amended by 84/2009 s 147(2) |
1.2.2010 |
|
|
s 56 |
deleted by 44/2009 s 20 |
1.11.2009 |
|
Pt 4 |
|
|
|
Pt 4 Div 1 |
|
|
|
inserted by 20/2019 s 3 |
8.8.2019 |
|
|
Pt 4 Div 2 |
|
|
|
|
|
|
|
amended by 8/2020 s 9 |
15.2.2021 |
|
|
Pt 4 Div 3 |
|
|
|
|
|
|
|
amended by 84/2009 s 148 |
1.2.2010 |
|
|
|
|
|
|
amended by 41/2006 s 51 |
1.4.2007 |
|
|
amended by 84/2009 s 149 |
1.2.2010 |
|
|
|
|
|
|
amended by 41/2006 s 52 |
1.4.2007 |
|
|
|
|
|
|
amended by 41/2006 s 53 |
1.4.2007 |
|
|
|
|
|
|
inserted by 41/2006 s 54 |
1.4.2007 |
|
|
Pt 4 Div 5 |
|
|
|
|
|
|
|
amended by 8/2020 s 10 |
15.2.2021 |
|
|
amended by 44/2009 s 21(1) |
1.11.2009 |
|
|
substituted by 44/2009 s 21(2) |
1.11.2009 |
|
|
s 68(9)—(14) |
deleted by 44/2009 s 21(2) |
1.11.2009 |
|
|
|
|
|
amended by 44/2009 s 22 |
1.11.2009 |
|
|
Pt 4 Div 5A |
inserted by 8/2020 s 11 |
15.2.2021 |
|
Pt 4 Div 6 |
|
|
|
|
|
|
|
amended by 8/2020 s 12(1) |
15.2.2021 |
|
|
inserted by 8/2020 s 12(2) |
15.2.2021 |
|
|
Pt 4 Div 6A |
inserted by 8/2020 s 13 |
15.2.2021 |
|
Pt 4 Div 7 |
substituted by 44/2009 s 23 |
1.11.2009 |
|
|
|
|
|
amended by 8/2015 s 73(1), (3) |
1.7.2015 |
|
|
|
(b)(xvi) deleted by 8/2015 s 73(2) |
1.7.2015 |
|
|
amended by 33/2019 Sch 5 cl 19 |
1.7.2020 |
|
|
amended by 8/2020 s 14(1) |
15.2.2021 |
|
|
amended by 5/2017 s 43 |
19.3.2021 |
|
amended by 8/2020 s 14(2) |
15.2.2021 |
|
|
|
|
|
|
amended by 84/2009 s 150 |
1.2.2010 |
|
|
amended by 84/2009 s 151 |
1.2.2010 |
|
|
s 71E amended and redesignated as s 71E(1) by 15/2021
s 8(1), (2) |
2.8.2021 |
|
|
inserted by 15/2021 s 8(2) |
2.8.2021 |
|
|
|
|
|
|
amended by 33/2019 Sch 5 cl 20 |
1.7.2020 |
|
|
|
|
|
|
amended by 84/2009 s 152 |
1.2.2010 |
|
|
Pt 4 Div 7A |
inserted by 44/2009 s 23 |
1.11.2009 |
|
|
|
|
|
amended by 84/2009 s 153 |
1.2.2010 |
|
|
|
amended by 8/2015 s 74(1), (2) |
1.7.2015 |
|
|
amended by 33/2019 Sch 5 cl 21 |
1.7.2020 |
|
|
|
|
|
amended by 84/2009 s 154 |
1.2.2010 |
|
|
|
amended by 33/2019 Sch 5 cl 22 |
1.7.2020 |
|
Pt 4 Div 8 |
|
|
|
Pt 4 Div 8 Subdiv 1 |
|
|
|
|
|
|
|
amended by 44/2009 s 24 |
1.11.2009 |
|
|
substituted by 25/2019 s 31 |
3.10.2019 |
|
|
|
|
|
|
amended by 44/2009 s 25(1) |
1.11.2009 |
|
|
substituted by 44/2009 s 25(2) |
1.11.2009 |
|
|
s 79(3) and (4) |
deleted by 44/2009 s 25(2) |
1.11.2009 |
|
amended by 44/2009 s 25(3) |
1.11.2009 |
|
|
Pt 4 Div 8 Subdiv 2 |
|
|
|
|
|
|
|
amended by 8/2020 s 15(1) |
15.2.2021 |
|
|
amended by 8/2020 s 15(2) |
15.2.2021 |
|
|
substituted by 8/2020 s 15(3) |
15.2.2021 |
|
|
amended by 8/2020 s 15(4) |
15.2.2021 |
|
|
Pt 4 Div 8 Subdiv 3 |
|
|
|
|
|
|
|
substituted by 44/2009 s 26(1) |
1.11.2009 |
|
|
substituted by 44/2009 s 26(2) |
1.11.2009 |
|
|
s 81(11) and (12) |
deleted by 44/2009 s 26(2) |
1.11.2009 |
|
s 81(13a) and (13b) |
inserted by 8/2020 s 16 |
15.2.2021 |
|
Pt 4 Div 8 Subdiv 4 |
|
|
|
|
|
|
|
amended by 8/2020 s 17(1)—(3) |
15.2.2021 |
|
|
Pt 4 Div 8 Subdiv 5 |
deleted by 44/2009 s 27 |
1.11.2009 |
|
Pt 4 Div 8 Subdiv 6 |
|
|
|
|
|
|
|
amended by 16/2013 s 38 |
17.6.2013 |
|
|
s 88 |
deleted by 44/2009 s 28 |
1.11.2009 |
|
amended by 44/2009 s 29 |
1.11.2009 |
|
|
s 90 |
deleted by 44/2009 s 30 |
1.11.2009 |
|
|
|
|
|
|
|
|
|
designated Act |
inserted by 44/2009 s 31(1) |
1.11.2009 |
|
government officer |
amended by 44/2009 s 31(2) |
1.11.2009 |
|
Pt 4 Div 7 Subdiv 7 |
|
|
|
s 92 |
deleted by 44/2009 s 32 |
1.11.2009 |
|
|
|
|
|
amended by 8/2020 s 18 |
15.2.2021 |
|
|
inserted by 44/2009 s 33 |
1.11.2009 |
|
|
Pt 4 Div 9 |
|
|
|
|
|
|
|
amended by 29/2009 s 17(1)—(3) |
25.6.2009 |
|
|
s 97(8) and (9) |
deleted by 8/2020 s 19(1) |
15.2.2021 |
|
amended by 8/2020 s 19(2) |
15.2.2021 |
|
|
amended by 29/2009 s 18 |
25.6.2009 |
|
|
Pt 4 Div 10 |
|
|
|
|
|
|
|
amended by 84/2009 s 155(1) |
1.2.2010 |
|
|
amended by 44/2009 s 34 |
1.11.2009 |
|
|
|
amended by 84/2009 s 155(2) |
1.2.2010 |
|
|
(ab) deleted by 15/2021 s 9 |
2.8.2021 |
|
Pt 4A |
inserted by 44/2009 s 35 |
1.11.2009 |
|
|
|
|
|
amended by 25/2019 s 32 |
3.10.2019 |
|
|
inserted by 8/2020 s 20 |
15.2.2021 |
|
|
Pt 5 Div 1 |
|
|
|
inserted by 20/2019 s 4 |
8.8.2019 |
|
|
Pt 5 Div 2 |
|
|
|
|
|
|
|
amended by 29/2009 s 19 |
25.6.2009 |
|
|
|
amended by 21/2011 Sch 1 cl 7 |
16.9.2012 |
|
amended by 8/2020 s 21 |
15.2.2021 |
|
|
Pt 5 Div 3 |
|
|
|
|
|
|
|
amended by 84/2009 s 156 |
1.2.2010 |
|
|
|
|
|
|
amended by 41/2006 s 55 |
1.4.2007 |
|
|
amended by 84/2009 s 157 |
1.2.2010 |
|
|
|
|
|
|
amended by 41/2006 s 56 |
1.4.2007 |
|
|
|
|
|
|
amended by 41/2006 s 57 |
1.4.2007 |
|
|
|
|
|
|
inserted by 41/2006 s 58 |
1.4.2007 |
|
|
Pt 5 Div 4 |
|
|
|
|
|
|
|
amended by 44/2009 s 36(1) |
1.11.2009 |
|
|
|
deleted by 8/2020 s 22(1) |
15.2.2021 |
|
deleted by 8/2020 s 22(1) |
15.2.2021 |
|
|
amended by 8/2020 s 22(2) |
15.2.2021 |
|
|
amended by 8/2020 s 22(3) |
15.2.2021 |
|
|
substituted by 44/2009 s 36(2) |
1.11.2009 |
|
|
s 116(10)—(15) |
deleted by 44/2009 s 36(2) |
1.11.2009 |
|
Pt 5 Div 4A |
inserted by 8/2020 s 23 |
15.2.2021 |
|
Pt 5 Div 5 |
|
|
|
|
|
|
|
amended by 29/2009 s 20(1)—(3) |
25.6.2009 |
|
|
s 118(4a)—(4c) |
inserted by 8/2020 s 24 |
15.2.2021 |
|
amended by 29/2009 s 21 |
25.6.2009 |
|
|
Pt 5 Div 6 |
|
|
|
|
|
|
|
amended by 84/2009 s 158(1) |
1.2.2010 |
|
|
amended by 84/2009 s 158(2) |
1.2.2010 |
|
|
Pt 6 |
|
|
|
|
|
|
|
amended by 44/2009 s 37 |
1.11.2009 |
|
|
inserted by 8/2020 s 25 |
15.2.2021 |
|
|
substituted by 16/2013 s 39 |
17.6.2013 |
|
|
|
|
|
|
amended by 8/2020 s 26(1) |
15.2.2021 |
|
|
amended by 8/2020 s 26(2) |
15.2.2021 |
|
|
|
|
|
|
amended by 8/2020 s 26(3) |
15.2.2021 |
|
|
relevant entity |
amended by 8/2020 s 26(4) |
15.2.2021 |
|
|
|
|
|
amended by 8/2020 s 27(1) |
15.2.2021 |
|
|
inserted by 8/2020 s 27(2) |
15.2.2021 |
|
|
|
|
|
|
s 148(5) and (6) |
inserted by 44/2009 s 38 |
1.11.2009 |
|
|
|
|
|
substituted by 44/2009 s 39(1) |
1.11.2009 |
|
|
inserted by 44/2009 s 39(1) |
1.11.2009 |
|
|
substituted by 44/2009 s 39(2) |
1.11.2009 |
|
|
deleted by 44/2009 s 39(2) |
1.11.2009 |
|
|
Sch 1 before substitution by 63/2016 |
|
|
|
cl 1 |
amended by 44/2006 s 24(1) |
18.1.2007 |
|
|
amended by 44/2009 s 40(1) |
1.11.2009 |
|
cl 4 |
amended by 44/2006 s 24(2), (3) |
18.1.2007 |
|
|
amended by 44/2009 s 40(2) |
1.11.2009 |
|
cl 5 |
amended by 44/2006 s 24(4) |
18.1.2007 |
|
cl 6 |
amended by 44/2006 s 24(5) |
18.1.2007 |
|
|
amended by 44/2009 s 40(3) |
1.11.2009 |
|
Sch 1 |
substituted by 63/2016 s 106 |
1.7.2017 |
|
Sch 3 |
deleted by 44/2009 s 41 |
1.11.2009 |
|
Sch 4 |
deleted by 44/2009 s 42 |
1.11.2009 |
|
Sch 5 |
|
|
|
cl 7 |
amended by 44/2009 s 43(1) |
1.11.2009 |
|
cl 7A |
inserted by 8/2020 s 28 |
15.2.2021 |
|
cl 14 |
amended by 44/2009 s 43(2) |
1.11.2009 |
|
cl 16 |
amended by 44/2009 s 43(3) |
1.11.2009 |
|
cl 17 |
inserted by 44/2009 s 43(4) |
1.11.2009 |
|
Sch 6 |
|
|
|
Pts 1—10 |
omitted under Legislation Revision and Publication
Act 2002 |
18.1.2007 |
Transitional etc provisions associated with Act or
amendments
Statutes Amendment (Justice Portfolio) Act
2006
25—Transitional provision
An amendment made by this Act to the Fire and Emergency Services
Act 2005 applies only in relation to proceedings commenced after the
commencement of this section.
Statutes Amendment (Public Sector Employment) Act
2006, Sch 1—Transitional provisions
Note—
Also see Statutes Amendment (Public Sector Employment) (Transitional
Provisions) Regulations 2007.
1—Interpretation
In this Part, unless the contrary intention appears—
Commonwealth Act means the Workplace Relations
Act 1996 of the Commonwealth;
employing authority means—
(a) subject to paragraph (b)—the person who is the employing
authority under a relevant Act;
(b) in a case that
relates to employment under the Fire and Emergency Services
Act 2005—the Chief Executive of the South Australian Fire and
Emergency Services Commission, or the Chief Officer of an emergency services
organisation under that Act, as the case requires;
Industrial Commission means the Industrial Relations
Commission of South Australia;
prescribed body means—
(a) the Aboriginal Lands Trust;
(b) the Adelaide Cemeteries Authority;
(c) the Adelaide Festival Centre Trust;
(d) the Adelaide Festival Corporation;
(e) SA Ambulance Service Inc;
(f) the Minister to whom the administration of the Children's Services
Act 1985 is committed;
(g) the Minister to whom the administration of the Education
Act 1972 is committed;
(h) the Electricity Supply Industry Planning Council;
(i) a body constituted under the Fire and Emergency Services
Act 2005;
(j) the History Trust of South Australia;
(k) the Institute of Medical and Veterinary Science;
(l) a regional NRM board constituted under the Natural Resources
Management Act 2004;
(m) the Senior Secondary Assessment Board of South Australia;
(n) the South Australian Country Arts Trust;
(o) the South Australian Film Corporation;
(p) the South Australian Health Commission;
(q) an incorporated hospital under the South Australian Health
Commission Act 1976;
(r) an incorporated health centre under the South Australian Health
Commission Act 1976;
(s) the South Australian Motor Sport Board;
(t) the South Australian Tourism Commission;
(u) The State Opera of South Australia;
(v) the State Theatre Company of South Australia;
(w) the Minister to whom the administration of the Technical and
Further Education Act 1975 is committed;
relevant Act means—
(a) in a case that relates to employment with a prescribed body
established under an Act being amended by this Act—that Act;
(b) in a case that relates to employment with a prescribed body who is a
Minister to whom the administration of an Act being amended by this Act is
committed—that Act;
(c) in a case that relates to employment with a body constituted under the
Fire and Emergency Services Act 2005—that Act.
2—Transfer of employment
(1) Subject to this
clause, a person who, immediately before the commencement of this clause, was
employed by a prescribed body under a relevant Act will, on that commencement,
be taken to be employed by the employing authority under that Act (as amended by
this Act).
(2) The following
persons will, on the commencement of this clause, be taken to be employed as
follows:
(a) a person who, immediately before the commencement of this clause, was
employed under section 6L(1) of the Electricity Act 1996 will,
on that commencement, be taken to be employed by the employing authority under
that Act (as amended by this Act);
(b) a person who, immediately before the commencement of this clause, was
employed by the South Australian Fire and Emergency Services Commission will, on
that commencement, be taken to be employed by the Chief Executive of that
body;
(c) a person who, immediately before the commencement of this clause, was
employed by an emergency services organisation under the Fire and Emergency
Services Act 2005 will, on that commencement, be taken to be employed
by the Chief Officer of that body;
(d) a person who, immediately before the commencement of this clause, was
employed by an incorporated hospital or an incorporated health centre under the
South Australian Health Commission Act 1976 will, on that
commencement, be taken to be employed by an employing authority under that Act
(as amended by this Act) designated by the Governor by proclamation made for the
purposes of this paragraph.
(3) Subject to this
clause, the Governor may, by proclamation, provide that a person employed by a
subsidiary of a public corporation under the Public Corporations
Act 1993 will be taken to be employed by a person or body designated by
the Governor (and the arrangement so envisaged by the proclamation will then
have effect in accordance with its terms).
(4) Subject to subclause (5), an employment arrangement effected by
subclause (1), (2) or (3)—
(a) will be taken to provide for continuity of employment without
termination of the relevant employee's service; and
(b) will not affect—
(i) existing conditions of employment or existing or accrued rights to
leave; or
(ii) a process commenced for variation of those conditions or
rights.
(5) If, immediately
before the commencement of this clause, a person's employment within the ambit
of subclause (1), (2) or (3) was subject to the operation of an award or
certified agreement (but not an Australian Workplace Agreement) under the
Commonwealth Act, then, on that commencement, an award or enterprise agreement
(as the case requires) will be taken to be created under the Fair Work
Act 1994—
(a) with the same terms and provisions as the relevant industrial
instrument under the Commonwealth Act; and
(b) with any terms or provisions that existed under an award or enterprise
agreement under the Fair Work Act 1994, that applied in relation to
employment of the kind engaged in by the person, immediately before
27 March 2006, and that ceased to apply by virtue of the operation of
provisions of the Commonwealth Act that came into force on that day,
subject to any modification or exclusion prescribed by regulations made for
the purposes of this subclause and subject to the operation of
subclause (6).
(6) Where an award or
enterprise agreement is created by virtue of the operation of
subclause (5)—
(a) the award or enterprise agreement will be taken to be made or approved
(as the case requires) under the Fair Work Act 1994 on the day on
which this clause commences; and
(b) the Fair Work Act 1994 will apply in relation to the award
or enterprise agreement subject to such modifications or exclusions as may be
prescribed by regulations made for the purposes of this subclause; and
(c) the Industrial Commission may, on application by the Minister to whom
the administration of the Fair Work Act 1994 is committed, or an
application by a person or body recognised by regulations made for the purposes
of this subclause, vary or revoke any term or provision of the award or
enterprise agreement if the Industrial Commission is satisfied that it is fair
and reasonable to do so in the circumstances.
3—Superannuation
(1) If a prescribed
body under a relevant Act is, immediately before the commencement of this
clause, a party to an arrangement relating to the superannuation of one or more
persons employed by the prescribed body, then the relevant employing authority
under that Act will, on that commencement, become a party to that arrangement in
substitution for the prescribed body.
(2) Nothing that takes effect under subclause (1)—
(a) constitutes a breach of, or default under, an Act or other law, or
constitutes a breach of, or default under, a contract, agreement, understanding
or undertaking; or
(b) terminates an agreement or obligation or fulfils any condition that
allows a person to terminate an agreement or obligation, or gives rise to any
other right or remedy,
and subclause (1) may have effect despite any other Act or
law.
(3) An amendment effected to another Act by this Act does not affect a
person's status as a contributor under the Superannuation Act 1988
(as it may exist immediately before the commencement of this Act).
4—Interpretative provision
(1) The Governor may,
by proclamation, direct that a reference in any instrument (including a
statutory instrument) or a contract, agreement or other document to a prescribed
body, or other specified agency, instrumentality or body, will have effect as if
it were a reference to an employing authority under a relevant Act, the Minister
to whom the administration of a relevant Act is committed, or some other person
or body designated by the Governor.
(2) A proclamation under subclause (1) may effect a transfer of
functions or powers.
5—Related matters
(1) A notice in force under section 51 of the Children's Services
Act 1985 immediately before the commencement of this clause will
continue to have effect for the purposes of that section, as amended by this
Act.
(2) A notice in force under section 28 of the Institute of Medical
and Veterinary Science Act 1982 immediately before the commencement of
this clause will continue to have effect for the purposes of that section, as
amended by this Act.
(3) A notice in force under section 61 of the South Australian Health
Commission Act 1976 immediately before the commencement of this clause
will continue to have effect for the purposes of that section, as amended by
this Act.
(4) A notice in force under section 13(6) of the South Australian Motor
Sport Act 1984 immediately before the commencement of this clause will
continue to have effect after that commencement but may, pursuant to this
subclause, be varied from time to time, or revoked, by the Minister to whom the
administration of that Act is committed.
(5) The fact that a person becomes an employer in his or her capacity as
an employing authority under an Act amended by this Act does not affect the
status of any body or person as an employer of public employees for the purposes
of the Fair Work Act 1994 (unless or until relevant regulations are
made under the provisions of that Act).
6—Other provisions
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under subclause (1) may, if the regulation so provides,
take effect from the commencement of this Act or from a later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a day earlier than the day of the regulation's
publication in the Gazette, the provision does not operate to the disadvantage
of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of this Schedule (or regulations
made under this Schedule), apply to any amendment or repeal effected by this
Act.
Fire and Emergency Services (Review) Amendment Act
2009, Sch 1
1—Transitional provisions
(1) The amendment of
sections 49, 50 and 51 of the Fire and Emergency Services Act 2005
by this Act does not affect any proceedings instituted under those sections
before the commencement of this clause.
(2) A right of appeal in existence before the commencement of this clause
under the sections referred to in subclause (1) not exercised before that
commencement will be taken to be a right of appeal under those sections as
amended by this Act.
Statutes Amendment (South Australian Employment
Tribunal) Act 2016
107—Transitional provisions
(1) In this section—
principal Act means the Fire and Emergency Services
Act 2005;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Employment
Tribunal.
(2) A decision, direction, determination or order of the Industrial
Relations Commission of South Australia 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, determination or order of the Tribunal.
(3) A right of appeal with respect to any matter in existence before the
relevant day, with the effect that the relevant proceedings would have been
commenced before the Industrial Relations Commission of South Australia under
the principal Act, 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 Industrial Relations Commission of South
Australia 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.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
the Industrial Relations Commission, and draw any conclusions of fact from that
evidence that appear proper; and
(b) adopt any findings or determinations of the Industrial Relations
Commission 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
Industrial Relations Commission 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.
Fire and Emergency Services (Miscellaneous) Amendment
Act 2020, Sch 1—Transitional provisions
1—SASES unit constitution
(1) The
constitution of an SASES unit is revoked on the commencement of
section 22.
(2) Any process for dissolution of an SASES unit that has been commenced
but not completed before the commencement of section 22 is not affected by
the revocation of the SASES unit's constitution under subclause (1) (and
may be continued and completed by the Chief Officer in accordance with the
regulations).
2—SASES command structure
A person who, immediately before the commencement of section 23, holds
an office or rank within SASES continues to hold that office or rank as if they
had been appointed in accordance with Part 5 Division 4A of the Fire and
Emergency Services Act 2005 (as inserted by section 23).
Historical versions
|
18.1.2007 |
|
|
1.4.2007 |
|
|
1.6.2007 |
|
|
17.4.2008 |
|
|
25.6.2009 |
|
|
1.11.2009 |
|
|
1.2.2010 |
|
|
16.9.2012 |
|
|
17.6.2013 |
|
|
1.7.2015 |
|
|
1.7.2017 |
|
|
8.8.2019 |
|
|
3.10.2019 |
|
|
1.7.2020 |
|
|
15.2.2021 |
|
|
19.3.2021 |
|
|
2.8.2021 |
|