South Australian Current Regulations South Australian Current Regulations (1) The following fees
are payable to the South Australian Employment Court:
(a) in
relation to the exercise of any designated civil jurisdiction—
(i)
if a fee would be payable in relation to proceedings in
the civil jurisdiction of the Magistrates Court for any step, item or matter
if it occurred or arose in the Magistrates Court rather than the South
Australian Employment Court, the same fee will be payable to the South
Australian Employment Court in the exercise of the
designated civil jurisdiction; or
(ii)
if a fee would be payable in relation to proceedings in
the civil jurisdiction of the District Court for any step, item or matter if
it occurred or arose in the District Court rather than the South Australian
Employment Court, the same fee will be payable to the South Australian
Employment Court in the exercise of the designated civil jurisdiction;
(b) in
relation to the exercise of any designated criminal jurisdiction—if a
fee would be payable in relation to proceedings in the Criminal Jurisdiction
of the Magistrates Court for any step, item or matter if it occurred or arose
in the Magistrates Court rather than in the South Australian Employment Court,
the same fee will be payable to the South Australian Employment Court in the
exercise of the designated criminal jurisdiction.
(1a) Despite
subregulation (1)(a), no fee is payable by the following parties to
proceedings in any designated civil jurisdiction in the following
circumstances:
(a) the
party is a small business employer for the purposes of section 23 of the
Fair Work Act 2009 of the Commonwealth;
(b) the
party—
(i)
is or was an employee whose earnings in the employment to
which the proceedings relate do not exceed the amount set by
section 5(15)(c) of the Return to Work Act 2014 ; or
(ii)
is a person entitled to make a claim in respect of an
employee whose earnings in the employment to which the proceedings relate do
not exceed the amount set by section 5(15)(c) of the Return to Work
Act 2014 .
(1b) The Registrar
may, on the grounds of financial hardship, or if the Registrar considers it is
fair and appropriate to do so in the circumstances of a particular case—
(a)
waive, remit or refund a fee (or part of a fee) payable by a person; or
(b)
postpone payment of a fee (or part of a fee) by a person until such time, and
upon such conditions (if any), as the Registrar thinks fit.
(2) In this
regulation—
"designated civil jurisdiction" means the jurisdiction of the South Australian
Employment Court under any of the following:
(a) the
Dust Diseases Act 2005 ;
(b)
section 10 of the Fair Work Act 1994 ;
(c) Part
5 of the Return to Work Act 2014 ;
"designated criminal jurisdiction" means the criminal jurisdiction of the
South Australian Employment Court under the South Australian Employment
Tribunal Act 2014 or under any other Act.