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South Australia
Fair Work (Assignment of Judge as Senior Judge) Proclamation 2018
under section 18 of the Fair Work Act 1994 and section 16(2a) of the Acts Interpretation Act 1915
1 The Industrial Relations Court was dissolved on 1 July 2017 and its proceedings transferred to the South Australian Employment Tribunal (SAET). In Kronen v Commercial Motor Industries Pty Ltd (trading as CMI Toyota) [2018] FCAFC 136, the Federal Court determined that SAET does not have jurisdiction to hear and determine proceedings commenced in the Court under Commonwealth legislation (Commonwealth proceedings) before 1 July 2017.
2 The Industrial Relations Court is to be reconstituted in order for Commonwealth proceedings to be heard and determined.
3 Section 16(2a) of the Acts Interpretation Act 1915
provides that a court or tribunal continues in existence for the purpose of continuing or enforcing any legal proceeding or remedy, despite the fact that the court or tribunal would, but for that section, cease to exist by reason of a repeal or amendment of an Act. It also provides for the making of new appointments to the court or tribunal.
4 This proclamation assigns a Senior Judge to the Industrial Relations Court under section 18 of the Fair Work Act 1994
as in force before its repeal by Part 4 of the Statutes Amendment (South Australian Employment Tribunal) Act 2016
.
1—Short title
This proclamation may be cited as the Fair Work (Assignment of Judge as Senior Judge) Proclamation 2018.
2—Commencement
This proclamation comes into operation on the day on which it is made.
3—Assignment of Judge as Senior Judge
Steven Peter Dolphin, a Judge of the District Court of South Australia, is assigned to be Senior Judge of the Industrial Relations Court of South Australia.
Made by the Governor
after consultation by the Attorney-General with the Chief Judge of the
District Court of South Australia and with the advice and consent of the
Executive Council
on 8 November 2018
AGO0123-18CS
[Published in the Gazette on 8 November 2018 at page 3940]