South Australian Numbered Acts South Australian Numbered Acts22—Insertion of Part 2 Division 6
After section 26 insert:
Division 6—Additional provisions relating to jurisdiction
26A—Declaratory judgments
Without limiting any specific jurisdiction to make declaratory judgments conferred by another Act, the South Australian Employment Court may, on matters within its jurisdiction, make binding declarations of right whether or not any consequential relief is or could be claimed.
26B—Other provisions relating to civil jurisdiction of Court
Without limiting any other provision of this Act, the South Australian Employment Court may, in exercising any jurisdiction that is in the nature of a civil jurisdiction, exercise any power under Part 6 of the District Court Act 1991
, subject to any exclusions or modifications prescribed by the regulations as if references to the District Court extended to the South Australian Employment Court.
26C—Binding nature of decisions
Without limiting any other provision of this Act, any decision or determination of the South Australian Employment Court is binding and authoritative in nature and binds the parties to the relevant matter by its own force.
Division 7—Additional provisions relating to jurisdiction under Return to Work Act 2014
26D—Civil jurisdiction under Return to Work Act 2014
(1) The South Australian Employment Court has exclusive jurisdiction to hear and determine an action for damages to which Part 5 of the Return to Work Act 2014
applies.
(2) Proceedings for any tortfeasor liable in respect of damages to which Part 5 of the Return to Work Act 2014
applies to recover contribution from any other tortfeasor liable in respect of those damages may be brought before the Tribunal and dealt with by the South Australian Employment Court.
(3) If a cause of action giving rise to proceedings brought under subsection (1)
or (2)
also gives rise to a claim in respect of some other matter, the claim may be included in those proceedings even though it does not relate to proceedings for damages within the scope of section 71(1) of the Return to Work Act 2014
.
(4) Any matter that is ancillary or related to a matter that is the subject of proceedings brought under a preceding subsection may also be included in those proceedings.
(5) In connection with the operation of this section, a reference to a court in a prescribed provision will be taken to be a reference to the South Australian Employment Court.
(6) In this section—
"prescribed provision" means any of the following provisions of the Return to Work Act 2014
:
(a) section 22;
(b) Part 5;
(c) Part 8.
26E—Rights of action and recovery against third parties
(1) A reference in section 66 of the Return to Work Act 2014
to the District Court of South Australia will be taken to include a reference to the Tribunal.
(2) The jurisdiction of the Tribunal by virtue of the operation of subsection (1)
is assigned to the South Australian Employment Court.
(3) An action to recover an excess under section 66(9) of the Return to Work Act 2014
may be brought in the South Australian Employment Court (or in any other court of competent jurisdiction).
26F—Review jurisdiction under Return to Work Act 2014
A reference in section 103 of the Return to Work Act 2014
to Part 3 of this Act will be taken to be a reference to Division 1 of that Part.
26G—Injuries that develop gradually
(1) A reference in section 188 of the Return to Work Act 2014
to the Industrial Relations Court of South Australia will be taken to be a reference to the Tribunal.
(2) The jurisdiction of the Tribunal by virtue of the operation of subsection (1)
is assigned to the South Australian Employment Court.
26H—Criminal jurisdiction
The South Australian Employment Court is conferred with jurisdiction to try a charge for an offence against the Return to Work Act 2014
.
26I—Appeals
An appeal from a decision of the Tribunal under the Return to Work Act 2014
(other than in the exercise of its criminal jurisdiction) will be limited to a question of law.