South Australian Current Acts South Australian Current ActsFormerly
Industrial and Employee Relations Act 1994
Notes
• This version is comprised of the following:
|
Chapter 1 |
31.10.2024 |
|
Chapter 2 |
1.12.2024 |
|
Chapter 3 |
1.12.2024 |
|
Chapter 4 |
1.12.2024 |
|
Chapter 6AA |
1.9.2024 |
|
Chapter 6 |
1.12.2024 |
|
Schedules |
1.9.2023 |
• Amendments of this version that are uncommenced are not
incorporated into the text.
• 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Legislation repealed by principal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The Fair Work Act 1994 repealed the following:
Industrial Relations Act (S.A.)
Industrial Relations Advisory Council Act 1983
Legislation amended by principal Act
The Fair Work Act 1994 amended the following:
Courts Administration Act 1993
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1994 |
52 |
Industrial and Employee Relations Act 1994 |
16.6.1994 |
8.8.1994 except Sch 1 (s 3)—1.11.1994 (Gazette 4.8.1994
p328) |
|
1995 |
39 |
Public Sector Management Act 1995 |
4.5.1995 |
17.7.1995 (Gazette 13.7.1995 p54) |
|
1995 |
67 |
Industrial and Employee Relations (Miscellaneous Provisions) Amendment
Act 1995 |
17.8.1995 |
31.8.1995 (Gazette 24.8.1995 p498) |
|
1995 |
84 |
Statutes Amendment (Courts) Act 1995 |
30.11.1995 |
21.12.1995 (Gazette 21.12.1995 p1759) |
|
1996 |
57 |
Industrial and Employee Relations (Miscellaneous) Amendment
Act 1996 |
8.8.1996 |
8.8.1996 |
|
1996 |
74 |
Industrial and Employee Relations (President's powers) Amendment
Act 1996 |
14.11.1996 |
14.11.1996 except s 2—8.8.1994: s 2 |
|
1996 |
86 |
Industrial and Employee Relations (Transitional Arrangements) Amendment
Act 1996 |
12.12.1996 |
12.12.1996 |
|
1997 |
48 |
Industrial and Employee Relations (Registered Associations) Amendment
Act 1997 |
31.7.1997 |
31.7.1997 |
|
1997 |
68 |
Industrial and Employee Relations (Harmonisation) Amendment
Act 1997 |
21.8.1997 |
4.9.1997 (Gazette 21.8.1997 p408) |
|
1998 |
10 |
Industrial and Employee Relations (Disclosure of Information) Amendment
Act 1998 |
2.4.1998 |
2.4.1998 |
|
1999 |
33 |
17.6.1999 |
Sch (item 30)—1.7.1999 being the date specified under
s 3(16) of the Financial Sector Reform (Amendments and Transitional
Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for
the purposes of that Act. |
|
|
2003 |
36 |
Statutes Amendment (Honesty and Accountability in Government) Act
2003 |
31.7.2003 |
|
|
2005 |
3 |
Industrial Law Reform (Fair Work) Act 2005 |
31.3.2005 |
|
|
2006 |
17 |
Statutes Amendment (New Rules of Civil Procedure) Act
2006 |
6.7.2006 |
|
|
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
Pt 11 (s 45)—1.4.2007 (Gazette 29.3.2007 p930) |
|
2006 |
43 |
Statutes Amendment (Domestic Partners) Act 2006 |
14.12.2006 |
|
|
2008 |
30 |
Training and Skills Development Act 2008 |
10.7.2008 |
Sch 2 (cll 2—9)—1.9.2008 (Gazette 24.7.2008
p3465) |
|
2009 |
58 |
Statutes Amendment (National Industrial Relations System) Act
2009 |
26.11.2009 |
|
|
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
|
|
2013 |
12 |
18.4.2013 |
Sch 1 (cl 15)—1.7.2014 (Gazette 6.2.2014
p546) |
|
|
2013 |
26 |
Magistrates (Miscellaneous) Amendment Act 2013 |
27.6.2013 |
Sch 1 (cl 3)—4.7.2013 (Gazette 4.7.2013
p2970) |
|
2013 |
44 |
Legal Practitioners (Miscellaneous) Amendment Act 2013 |
3.10.2013 |
Sch 2 (cl 1)—1.7.2014 (Gazette 5.6.2014 p2241) |
|
2015 |
1 |
Fair Work (Miscellaneous) Amendment Act 2015 |
26.3.2015 |
10.4.2015 (Gazette 9.4.2015 p1446) |
|
2015 |
36 |
Statutes Amendment (Industrial Relations Consultative Council)
Act 2015 |
5.11.2015 |
|
|
2016 |
63 |
Statutes Amendment (South Australian Employment Tribunal)
Act 2016 |
8.12.2016 |
Pt 4 (ss 51—69)—1.7.2017 (Gazette 16.5.2017
p1221) |
|
2020 |
40 |
Training and Skills Development (Miscellaneous) Amendment
Act 2020 |
19.11.2020 |
Sch 1 (cll 3 & 4)—1.7.2021 (Gazette 24.6.2021
p2260) |
|
2023 |
10 |
Fair Work (Family and Domestic Violence Leave) Amendment
Act 2023 |
30.3.2023 |
1.9.2023 (Gazette 13.7.2023 p2192) |
|
2024 |
2 |
Statutes Amendment (Industrial Relations Portfolio) Act
2024 |
29.2.2024 |
|
|
2024 |
20 |
Work Health and Safety (Review Recommendations) Amendment
Act 2024 |
13.6.2024 |
Sch 1 (cl 1)—1.9.2024 (Gazette 22.8.2024 p2871) |
|
2024 |
26 |
Statutes Amendment (South Australian Employment Tribunal) Act
2024 |
5.9.2024 |
Pt 3 (ss 4, 5, 10 & 39(1), (2) & (6))—31.10.2024; ss 6 to
9, 11 to 38 & 39(3) to (5)—1.12.2024 (Gazette 31.10.2024
p4038) |
|
2024 |
49 |
Fair Work (Registered Associations) Amendment Act
2024 |
14.11.2024 |
Pt 2 (ss 9 to 13, 14 insofar as it inserts Part 3A, 16 & 17(1))
& Sch 1 (cl 2)—1.12.2024 (Gazette 28.11.2024 p4272);
ss 3 to 8, 14 insofar as it inserts Part 3B, 15, 17(2)
& 18—uncommenced |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Ch 1 |
|
|
|
substituted by 3/2005 s 4 |
16.5.2005 |
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
29.4.2004 |
|
|
|
|
|
4.9.1997 |
||
|
|
16.5.2005 |
|
|
|
amended by 58/2009 s 7 |
1.1.2010 |
|
|
amended by 63/2016 s 51(1) |
1.7.2017 |
|
|
amended by 10/2023 s 3 |
1.9.2023 |
|
|
amended by 49/2024 s 3 |
uncommenced—not incorporated |
|
inserted by 3/2005 s 5(5) |
16.5.2005 |
|
|
|
amended by 63/2016 s 51(2) |
1.7.2017 |
|
|
|
|
|
|
|
|
|
substituted by 3/2005 s 6(1) |
16.5.2005 |
|
|
|
amended by 30/2008 Sch 2 cl 2 |
1.9.2008 |
|
|
amended by 40/2020 Sch 1 cl 3 |
1.7.2021 |
|
amended by 58/2009 s 8(1) |
1.1.2010 |
|
|
amended by 63/2016 s 52(1) |
1.7.2017 |
|
|
inserted by 3/2005 s 6(2) |
16.5.2005 |
|
|
Commission |
substituted by 3/2005 s 6(3) |
16.5.2005 |
|
|
deleted by 63/2016 s 52(2) |
1.7.2017 |
|
Committee |
deleted by 36/2015 s 4(1) |
19.11.2015 |
|
Commonwealth Act |
substituted by 68/1997 s 4(a) |
4.9.1997 |
|
|
substituted by 58/2009 s 8(2) |
1.1.2010 |
|
Commonwealth Commission |
deleted by 58/2009 s 8(3) |
1.1.2010 |
|
Commonwealth (Registered Organisations) Act |
inserted by 58/2009 s 8(2) |
1.1.2010 |
|
inserted by 36/2015 s 4(2) |
19.11.2015 |
|
|
amended by 68/1997 s 4(b) |
4.9.1997 |
|
|
Court |
deleted by 63/2016 s 52(3) |
1.7.2017 |
|
Deputy President |
deleted by 63/2016 s 52(4) |
1.7.2017 |
|
inserted by 43/2006 s 98(1) |
1.6.2007 |
|
|
Employee Ombudsman |
deleted by 1/2015 s 4(1) |
10.4.2015 |
|
amended by 39/1995 Sch 5 |
17.7.1995 |
|
|
|
amended by 26/2024 s 4(1) |
31.10.2024 |
|
amended by 67/1995 s 3(a) |
31.8.1995 |
|
|
|
amended by 3/2005 s 6(4) |
16.5.2005 |
|
enterprise agreement matter |
deleted by 63/2016 s 52(5) |
1.7.2017 |
|
evidentiary material |
deleted by 63/2016 s 52(6) |
1.7.2017 |
|
examinable arrangements |
deleted by 63/2016 s 52(7) |
1.7.2017 |
|
Fair Work Australia |
inserted by 58/2009 s 8(4) |
1.1.2010 |
|
|
deleted by 2/2024 s 3 |
28.3.2024 |
|
inserted by 2/2024 s 3 |
28.3.2024 |
|
|
inserted by 3/2005 s 6(5) |
16.5.2005 |
|
|
|
amended by 43/2006 s 98(2) |
1.6.2007 |
|
Full Commission |
deleted by 63/2016 s 52(8) |
1.7.2017 |
|
Full Court |
deleted by 63/2016 s 52(9) |
1.7.2017 |
|
(indexed) |
inserted by 67/1995 s 3(b) |
31.8.1995 |
|
amended by 58/2009 s 8(5) |
1.1.2010 |
|
|
|
amended by 63/2016 s 52(10) |
1.7.2017 |
|
inserted by 68/1997 s 4(c) |
4.9.1997 |
|
|
|
amended by 58/2009 s 8(6) |
1.1.2010 |
|
amended by 3/2005 s 6(6)—(8) |
16.5.2005 |
|
|
|
amended by 26/2024 s 4(2) |
31.10.2024 |
|
amended by 58/2009 s 8(7) |
1.1.2010 |
|
|
|
deleted by 63/2016 s 52(11) |
1.7.2017 |
|
substituted by 63/2016 s 52(12) |
1.7.2017 |
|
|
amended by 3/2005 s 6(9) |
16.5.2005 |
|
|
amended by 58/2009 s 8(8) |
1.1.2010 |
|
|
inserted by 3/2005 s 6(10) |
16.5.2005 |
|
|
|
(d) deleted by 1/2015 s 4(2) |
10.4.2015 |
|
substituted by 63/2016 s 52(13) |
1.7.2017 |
|
|
Presidential Member |
deleted by 63/2016 s 52(14) |
1.7.2017 |
|
amended by 36/2003 s 6 |
29.4.2004 |
|
|
|
amended by 84/2009 s 125 |
1.2.2010 |
|
amended by 63/2016 s 52(15) |
1.7.2017 |
|
|
inserted by 63/2016 s 52(16) |
1.7.2017 |
|
|
substituted by 63/2016 s 52(17) |
1.7.2017 |
|
|
inserted by 63/2016 s 52(17) |
1.7.2017 |
|
|
inserted by 43/2006 s 98(3) |
1.6.2007 |
|
|
inserted by 68/1997 s 4(d) |
4.9.1997 |
|
|
trainee |
deleted by 3/2005 s 6(11) |
16.5.2005 |
|
unregistered association |
inserted by 49/2024 s 4 |
uncommenced—not incorporated |
|
inserted by 3/2005 s 6(11) |
16.5.2005 |
|
|
deleted by 3/2005 s 6(12) |
16.5.2005 |
|
|
amended by 3/2005 s 6(13) |
16.5.2005 |
|
|
inserted by 67/1995 s 3(c) |
31.8.1995 |
|
|
inserted by 3/2005 s 6(14) |
16.5.2005 |
|
|
|
deleted by 63/2016 s 52(18) |
1.7.2017 |
|
inserted by 26/2024 s 5 |
31.10.2024 |
|
|
|
|
|
|
amended by 3/2005 s 7(1)—(3) |
16.5.2005 |
|
|
substituted by 3/2005 s 7(4) |
16.5.2005 |
|
|
s 5(4) and (5) |
inserted by 3/2005 s 7(4) |
16.5.2005 |
|
amended by 43/2006 s 99 |
1.6.2007 |
|
|
Ch 2 before substitution by 63/2016 |
|
|
|
Ch 2 Pt 1 |
|
|
|
|
|
|
|
(d) deleted by 1/2015 s 5(1) |
10.4.2015 |
|
|
|
amended by 36/2015 s 5(1) |
19.11.2015 |
|
substituted by 36/2015 s 5(2) |
19.11.2015 |
|
|
amended by 1/2015 s 5(2) |
10.4.2015 |
|
|
Ch 2 Pt 2 |
|
|
|
Ch 2 Pt 2 Div 2 |
|
|
|
amended by 3/2005 s 8(1), (2) |
16.5.2005 |
|
|
s 15A |
inserted by 3/2005 s 9 |
16.5.2005 |
|
Ch 2 Pt 2 Div 4 |
21.12.1995 |
|
|
|
substituted by 57/1996 s 2 |
8.8.1996 |
|
Ch 2 Pt 3 |
|
|
|
Ch 2 Pt 3 Div 2 |
deleted by 3/2005 s 10 |
16.5.2005 |
|
Ch 2 Pt 3 Div 3 |
|
|
|
amended by 3/2005 s 11 |
16.5.2005 |
|
|
|
amended by 30/2008 Sch 2 cl 3(1), (2) |
1.9.2008 |
|
Ch 2 Pt 3 Div 4 |
|
|
|
|
|
|
|
amended by 84/2009 s 126 |
1.2.2010 |
|
|
s 29(4a) and (4b) |
inserted by 58/2009 s 9(1) |
1.1.2010 |
|
inserted by 58/2009 s 9(2) |
1.1.2010 |
|
|
|
|
|
|
amended by 84/2009 s 127 |
1.2.2010 |
|
|
substituted by 3/2005 s 12 |
16.5.2005 |
|
|
|
|
|
|
amended by 3/2005 s 13 |
16.5.2005 |
|
|
Ch 2 Pt 3 Div 5 |
|
|
|
|
|
|
|
amended by 84/2009 s 128 |
1.2.2010 |
|
|
substituted by 3/2005 s 14 |
16.5.2005 |
|
|
s 34(4) and (5) |
deleted by 3/2005 s 14 |
16.5.2005 |
|
substituted by 3/2005 s 15 |
16.5.2005 |
|
|
|
|
|
|
amended by 36/2003 s 7 |
29.4.2004 |
|
|
|
amended by 84/2009 s 129 |
1.2.2010 |
|
amended by 3/2005 s 16 |
16.5.2005 |
|
|
s 36A |
inserted by 74/1996 s 2(1) |
8.8.1994 |
|
Ch 2 Pt 3 Div 6 |
|
|
|
s 37 |
|
|
|
s 37(3a) |
inserted by 58/2009 s 10 |
1.1.2010 |
|
Ch 2 Pt 3 Div 7 |
|
|
|
s 39 |
|
|
|
s 39(3) |
amended by 1/2015 s 6 |
10.4.2015 |
|
s 39(4) |
substituted by 68/1997 s 5 |
4.9.1997 |
|
|
deleted by 3/2005 s 17 |
16.5.2005 |
|
s 40 |
|
|
|
s 40(1) |
amended by 30/2008 Sch 2 cl 4(1) |
1.9.2008 |
|
s 40(2) |
substituted by 68/1997 s 6 |
4.9.1997 |
|
|
deleted by 3/2005 s 18 |
16.5.2005 |
|
|
inserted by 30/2008 Sch 2 cl 4(2) |
1.9.2008 |
|
Ch 2 Pt 4 Div 3 |
|
|
|
s 44 |
amended by 41/2006 s 45 |
1.4.2007 |
|
Ch 2 Pt 4 Div 3A |
inserted by 3/2005 s 19 |
16.5.2005 |
|
Ch 2 Pt 5 Div 2 before deletion by 36/2015 |
|
|
|
s 51 |
|
|
|
s 51(1) |
amended by 84/2009 s 130 |
1.2.2010 |
|
s 52 |
|
|
|
s 52(5) |
amended by 84/2009 s 131 |
1.2.2010 |
|
s 53 |
amended by 84/2009 s 132 |
1.2.2010 |
|
Ch 2 Pt 5 Div 3 before deletion by 36/2015 |
|
|
|
s 55 |
|
|
|
s 55(3) |
amended by 84/2009 s 133 |
1.2.2010 |
|
s 55A |
inserted by 84/2009 s 134 |
1.2.2010 |
|
Ch 2 Pt 5 |
deleted by 36/2015 s 6 |
19.11.2015 |
|
Ch 2 Pt 6 Div 1 before deletion by 1/2015 |
|
|
|
s 58 |
|
|
|
s 58(1) |
amended by 3/2005 s 20 |
16.5.2005 |
|
s 58(2) |
amended by 84/2009 s 135 |
1.2.2010 |
|
s 62 |
|
|
|
s 62(4) |
inserted by 3/2005 s 21 |
16.5.2005 |
|
Ch 2 Pt 6 Div 1 |
deleted by 1/2015 s 7 |
10.4.2015 |
|
Ch 2 Pt 6 Div 2 |
|
|
|
s 64 |
|
|
|
s 64(1) |
(a) deleted by 1/2015 s 8 |
10.4.2015 |
|
|
|
|
|
s 65 amended and redesignated as s 65(1) by 3/2005
s 22(1) and (2) |
16.5.2005 |
|
|
s 65(2) and (3) |
inserted by 3/2005 s 22(2) |
16.5.2005 |
|
Ch 2 |
substituted by 63/2016 s 53 |
1.7.2017 |
|
Ch 2 Pt 1 |
|
|
|
|
|
|
|
amended by 26/2024 s 6 |
1.12.2024 |
|
|
substituted by 26/2024 s 7 |
1.12.2024 |
|
|
|
|
|
|
amended by 26/2024 s 8 |
1.12.2024 |
|
|
|
|
|
|
amended by 26/2024 s 9 |
1.12.2024 |
|
|
inserted by 26/2024 s 10 |
31.10.2024 |
|
|
Ch 2 Pt 2 |
|
|
|
Ch 2 Pt 2 Div 1 |
heading inserted by 26/2024 s 11 |
1.12.2024 |
|
Ch 2 Pt 2 Div 2 |
heading inserted by 26/2024 s 12 |
1.12.2024 |
|
s 24 |
deleted by 26/2024 s 13 |
1.12.2024 |
|
Ch 2 Pt 2 Div 2 |
|
|
|
|
|
|
|
inserted by 49/2024 s 5 |
uncommenced—not incorporated |
|
|
Ch 2 Pt 3 |
|
|
|
|
|
|
|
amended by 49/2024 s 6(1), (2) |
uncommenced—not incorporated |
|
|
inserted by 49/2024 s 6(3) |
uncommenced—not incorporated |
|
|
Ch 2 Pt 5 |
|
|
|
|
|
|
|
amended by 49/2024 s 7 |
uncommenced—not incorporated |
|
|
|
|
|
|
inserted by 26/2024 s 14 |
1.12.2024 |
|
|
Ch 3 |
|
|
|
Ch 3 Pt A1 |
inserted by 26/2024 s 15 |
1.12.2024 |
|
Ch 3 Pt 1 |
|
|
|
Ch 3 Pt 1 Div 1 |
heading inserted by 3/2005 s 23 |
16.5.2005 |
|
|
|
|
|
amended by 33/1999 Sch (item 30) |
1.7.1999 |
|
|
inserted by 3/2005 s 24 |
16.5.2005 |
|
|
Ch 3 Pt 1 Div 2 |
heading inserted by 3/2005 s 25 |
16.5.2005 |
|
|
|
|
|
amended by 3/2005 s 26(1) |
16.5.2005 |
|
|
inserted by 3/2005 s 26(2) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
|
amended by 26/2024 s 16(1) |
1.12.2024 |
|
|
(a) deleted by 26/2024 s 16(2) |
1.12.2024 |
|
|
|
|
|
amended by 3/2005 s 27(1) |
16.5.2005 |
|
|
amended by 3/2005 s 27(2) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
substituted by 3/2005 s 27(3) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(2) |
1.7.2017 |
|
|
amended by 26/2024 s 17 |
1.12.2024 |
|
inserted by 3/2005 s 27(3) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
inserted by 3/2005 s 28 |
16.5.2005 |
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
|
amended by 63/2016 s 54(2) |
1.7.2017 |
|
|
|
amended by 26/2024 s 18 |
1.12.2024 |
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
|
inserted by 10/2023 s 4 |
1.9.2023 |
|
|
amended by 26/2024 s 19 |
1.12.2024 |
|
|
|
|
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
|
substituted by 3/2005 s 29 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(2) |
1.7.2017 |
|
|
amended by 26/2024 s 20 |
1.12.2024 |
|
inserted by 3/2005 s 29 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
Ch 3 Pt 2 |
|
|
|
|
|
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
|
substituted by 3/2005 s 30 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(2) |
1.7.2017 |
|
|
amended by 26/2024 s 21 |
1.12.2024 |
|
inserted by 3/2005 s 30 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
inserted by 3/2005 s 31 |
16.5.2005 |
|
|
amended by 63/2016 s 54(2) |
1.7.2017 |
|
|
|
amended by 26/2024 s 22 |
1.12.2024 |
|
s 72A(2) and (3) |
amended by 63/2016 s 54(2) |
1.7.2017 |
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
|
s 72A(6)—(8) |
amended by 63/2016 s 54(1), (2) |
1.7.2017 |
|
inserted by 3/2005 s 31 |
16.5.2005 |
|
|
amended by 63/2016 s 54(2) |
1.7.2017 |
|
|
|
amended by 26/2024 s 23 |
1.12.2024 |
|
amended by 63/2016 s 54(2) |
1.7.2017 |
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
|
amended by 63/2016 s 54(1), (2) |
1.7.2017 |
|
|
amended by 63/2016 s 54(3), (4) |
1.7.2017 |
|
|
amended by 63/2016 s 54(1), (3) |
1.7.2017 |
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
substituted by 67/1995 s 4 |
31.8.1995 |
|
|
amended by 3/2005 s 32(1) |
16.5.2005 |
|
|
substituted by 3/2005 s 32(2) |
16.5.2005 |
|
|
amended by 1/2015 s 9(1) |
10.4.2015 |
|
|
deleted by 1/2015 s 9(2) |
10.4.2015 |
|
|
deleted by 1/2015 s 9(3) |
10.4.2015 |
|
|
|
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 3/2005 s 33(1) |
16.5.2005 |
|
|
|
amended by 1/2015 s 10 |
10.4.2015 |
|
amended by 3/2005 s 33(2) |
16.5.2005 |
|
|
inserted by 3/2005 s 33(3) |
16.5.2005 |
|
|
|
amended by 12/2013 Sch 1 cl 15 |
1.7.2014 |
|
inserted by 67/1995 s 5 |
31.8.1995 |
|
|
|
amended by 3/2005 s 33(4) |
16.5.2005 |
|
inserted by 67/1995 s 5 |
31.8.1995 |
|
|
inserted by 3/2005 s 34 |
16.5.2005 |
|
|
s 76A(3) and (5) |
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
|
|
|
amended by 43/2006 s 100 |
1.6.2007 |
|
|
|
amended by 49/2024 s 8 |
uncommenced—not incorporated |
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
|
|
|
amended by 67/1995 s 6(a), (b) |
31.8.1995 |
|
|
|
amended by 68/1997 s 7(a)—(c) |
4.9.1997 |
|
|
amended by 3/2005 s 35(1), (2) |
16.5.2005 |
|
|
amended by 58/2009 s 11(1) |
1.1.2010 |
|
|
amended by 1/2015 s 11(1) |
10.4.2015 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
inserted by 68/1997 s 7(d) |
4.9.1997 |
|
|
inserted by 68/1997 s 7(d) |
4.9.1997 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
inserted by 3/2005 s 35(3) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
amended by 63/2016 s 54(3), (4) |
1.7.2017 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 68/1997 s 7(e) |
4.9.1997 |
|
|
|
amended by 58/2009 s 11(2) |
1.1.2010 |
|
|
amended by 63/2016 s 54(1), (3) |
1.7.2017 |
|
|
amended by 26/2024 s 24(1) |
1.12.2024 |
|
amended by 63/2016 s 54(1), (3) |
1.7.2017 |
|
|
|
amended by 26/2024 s 24(2) |
1.12.2024 |
|
inserted by 67/1995 s 6(c) |
31.8.1995 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
inserted by 67/1995 s 6(c) |
31.8.1995 |
|
|
|
deleted by 1/2015 s 11(2) |
10.4.2015 |
|
s 79(9) and (10) |
inserted by 67/1995 s 6(c) |
31.8.1995 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
inserted by 3/2005 s 35(4) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3), (4) |
1.7.2017 |
|
|
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 1/2015 s 12 |
10.4.2015 |
|
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
amended by 68/1997 Sch cl 1 |
4.9.1997 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
|
|
inserted by 3/2005 s 36 |
16.5.2005 |
|
|
inserted by 3/2005 s 36 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
inserted by 3/2005 s 36 |
16.5.2005 |
|
|
inserted by 3/2005 s 36 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3), (4) |
1.7.2017 |
|
inserted by 3/2005 s 36 |
16.5.2005 |
|
|
inserted by 3/2005 s 36 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
s 81(10) and (11) |
inserted by 3/2005 s 36 |
16.5.2005 |
|
|
|
|
|
amended by 63/2016 s 54(5) |
1.7.2017 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
inserted by 3/2005 s 37 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
substituted by 68/1997 s 8 |
4.9.1997 |
|
|
amended by 3/2005 s 38 |
16.5.2005 |
|
|
|
amended by 49/2024 s 9 |
1.12.2024 |
|
s 83(2) and (3) |
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
|
|
amended by 3/2005 s 39(1) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
substituted by 3/2005 s 39(2) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
inserted by 67/1995 s 7 |
31.8.1995 |
|
|
|
substituted by 3/2005 s 39(2) |
16.5.2005 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
inserted by 3/2005 s 39(2) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
|
|
s 85(1) and (2) |
amended by 63/2016 s 54(3) |
1.7.2017 |
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
amended by 63/2016 s 54(3), (4) |
1.7.2017 |
|
|
|
|
|
|
amended by 68/1997 Sch cl 2 |
4.9.1997 |
|
|
s 89 |
deleted by 3/2005 s 40 |
16.5.2005 |
|
Ch 3 Pt 3 |
|
|
|
Ch 3 Pt 3 Div 1 |
|
|
|
|
|
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
|
amended by 26/2024 s 25(1) |
1.12.2024 |
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
substituted by 3/2005 s 41 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
amended by 63/2016 s 54(3), (4) |
1.7.2017 |
|
|
amended by 26/2024 s 25(2) |
1.12.2024 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
amended by 26/2024 s 25(3) |
1.12.2024 |
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
amended by 26/2024 s 25(4) |
1.12.2024 |
|
note |
deleted by 26/2024 s 25(5) |
1.12.2024 |
|
inserted by 3/2005 s 42 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
|
|
16.5.2005 |
||
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
inserted by 3/2005 s 43 |
16.5.2005 |
|
|
inserted by 3/2005 s 43 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 58/2009 s 12(1), (2) |
1.1.2010 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 2/2024 s 4 |
28.3.2024 |
|
substituted by 3/2005 s 44 |
16.5.2005 |
|
|
Ch 3 Pt 3 Div 1A |
inserted by 3/2005 s 45 |
16.5.2005 |
|
|
|
|
|
amended by 63/2016 s 54(3), (4) |
1.7.2017 |
|
|
s 98A(2) and (3) |
amended by 63/2016 s 54(3) |
1.7.2017 |
|
s 98A(4) and (5) |
amended by 63/2016 s 54(4) |
1.7.2017 |
|
Ch 3 Pt 3 Div 1B |
inserted by 3/2005 s 45 |
16.5.2005 |
|
|
|
|
|
amended by 63/2016 s 54(3), (4) |
1.7.2017 |
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
Ch 3 Pt 3 Div 2 |
heading substituted by 67/1995 s 8 |
31.8.1995 |
|
|
|
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
inserted by 68/1997 s 9 |
4.9.1997 |
|
|
s 99(2)—(5) |
amended by 63/2016 s 54(3) |
1.7.2017 |
|
Ch 3 Pt 3A |
inserted by 3/2005 s 46 |
16.5.2005 |
|
|
|
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
|
|
|
amended by 63/2016 s 55(1) |
1.7.2017 |
|
|
deleted by 63/2016 s 55(2) |
1.7.2017 |
|
|
amended by 63/2016 s 55(3) |
1.7.2017 |
|
|
Ch 3 Pt 4 |
|
|
|
|
|
|
|
amended by 58/2009 s 13 |
1.1.2010 |
|
|
|
amended by 63/2016 s 54(2) |
1.7.2017 |
|
|
amended by 2/2024 s 5 |
28.3.2024 |
|
inserted by 3/2005 s 47 |
16.5.2005 |
|
|
inserted by 3/2005 s 47 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
inserted by 3/2005 s 47 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(1), (2) |
1.7.2017 |
|
inserted by 26/2024 s 26 |
1.12.2024 |
|
|
|
|
|
|
amended by 63/2016 s 54(1) |
1.7.2017 |
|
|
|
|
|
|
amended by 84/2009 s 136 |
1.2.2010 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
Ch 3 Pt 5 |
|
|
|
Ch 3 Pt 5 Div 1 |
|
|
|
|
|
|
|
amended by 68/1997 Sch cl 3 |
4.9.1997 |
|
|
|
amended by 3/2005 s 48(1) |
16.5.2005 |
|
substituted by 3/2005 s 48(2) |
16.5.2005 |
|
|
s 102(2a) and (2b) |
inserted by 3/2005 s 48(2) |
16.5.2005 |
|
amended by 68/1997 Sch cl 4 |
4.9.1997 |
|
|
|
amended by 3/2005 s 48(3) |
16.5.2005 |
|
amended by 68/1997 Sch cl 5 |
4.9.1997 |
|
|
|
amended by 10/1998 s 2 |
2.4.1998 |
|
|
amended by 3/2005 s 48(4) |
16.5.2005 |
|
amended by 68/1997 Sch cl 6 |
4.9.1997 |
|
|
inserted by 3/2005 s 48(5) |
16.5.2005 |
|
|
amended by 68/1997 Sch cl 7 |
4.9.1997 |
|
|
|
substituted by 3/2005 s 48(6) |
16.5.2005 |
|
inserted by 3/2005 s 48(6) |
16.5.2005 |
|
|
|
|
|
|
amended by 68/1997 Sch cl 8 |
4.9.1997 |
|
|
amended by 68/1997 Sch cl 9 |
4.9.1997 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 68/1997 Sch cl 10 |
4.9.1997 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
Ch 3 Pt 5 Div 2 before deletion by 63/2016 |
|
|
|
s 104 |
|
|
|
s 104(1) |
amended by 3/2005 s 49(1) |
16.5.2005 |
|
s 104(2) |
substituted by 3/2005 s 49(2) |
16.5.2005 |
|
s 104(4) |
substituted by 3/2005 s 49(3) |
16.5.2005 |
|
s 104(4a) |
inserted by 3/2005 s 49(3) |
16.5.2005 |
|
s 104(5) |
amended by 3/2005 s 49(4), (5) |
16.5.2005 |
|
s 104(8) |
amended by 68/1997 Sch cl 11 |
4.9.1997 |
|
s 104A |
inserted by 3/2005 s 50 |
16.5.2005 |
|
Ch 3 Pt 5 Div 2 |
deleted by 63/2016 s 56 |
1.7.2017 |
|
Ch 3 Pt 6 |
31.8.1995 |
|
|
|
substituted by 68/1997 s 10 |
4.9.1997 |
|
Ch 3 Pt 6 Div 1 |
|
|
|
|
|
|
|
adjudicating authority |
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
|
|
amended by 30/2008 Sch 2 cl 5 |
1.9.2008 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 40/2020 Sch 1 cl 4 |
1.7.2021 |
|
amended by 3/2005 s 51 |
16.5.2005 |
|
|
Ch 3 Pt 6 Div 2 |
|
|
|
|
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
substituted by 3/2005 s 52(1) |
16.5.2005 |
|
|
substituted by 3/2005 s 52(1) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
inserted by 3/2005 s 52(1) |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
substituted by 3/2005 s 52(2) |
16.5.2005 |
|
|
Ch 3 Pt 6 Div 3 |
deleted by 3/2005 s 53 |
16.5.2005 |
|
Ch 3 Pt 6 Div 4 |
|
|
|
|
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 3/2005 s 54 |
16.5.2005 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 26/2024 s 27 |
1.12.2024 |
|
|
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
s 109(1a) and (1b) |
inserted by 3/2005 s 55 |
16.5.2005 |
|
|
amended by 63/2016 s 54(3), (5) |
1.7.2017 |
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
Ch 3 Pt 6 Div 5 |
|
|
|
|
|
|
|
s 110(1) and (2) |
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
|
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
Ch 3 Pt 7 |
|
|
|
|
|
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
|
amended by 63/2016 s 54(4) |
1.7.2017 |
|
|
amended by 68/1997 Sch cl 12 |
4.9.1997 |
|
|
|
amended by 63/2016 s 54(3) |
1.7.2017 |
|
amended by 68/1997 Sch cl 13 |
4.9.1997 |
|
|
inserted by 3/2005 s 56 |
16.5.2005 |
|
|
Ch 4 |
|
|
|
Ch 4 Pt 1 |
amended by 67/1995 s 11 |
31.8.1995 |
|
|
substituted by 68/1997 s 11 |
4.9.1997 |
|
Ch 4 Pt 2 |
|
|
|
Ch 4 Pt 2 Div 1 |
|
|
|
|
|
|
|
amended by 58/2009 s 14 |
1.1.2010 |
|
|
|
|
|
|
amended by 63/2016 s 57(1) |
1.7.2017 |
|
|
|
amended by 26/2024 s 28 |
1.12.2024 |
|
substituted by 49/2024 s 10 |
1.12.2024 |
|
|
Ch 4 Pt 2 Div 2 |
|
|
|
|
|
|
|
amended by 58/2009 s 15 |
1.1.2010 |
|
|
|
amended by 63/2016 s 57(2) |
1.7.2017 |
|
amended by 63/2016 s 57(2) |
1.7.2017 |
|
|
Ch 4 Pt 2 Div 3 |
|
|
|
|
|
|
|
amended by 63/2016 s 57(1) |
1.7.2017 |
|
|
amended by 58/2009 s 16 |
1.1.2010 |
|
|
|
amended by 63/2016 s 57(2) |
1.7.2017 |
|
|
amended by 26/2024 s 29 |
1.12.2024 |
|
|
|
|
|
amended by 63/2016 s 57(1), (2) |
1.7.2017 |
|
|
|
amended by 26/2024 s 30(1) |
1.12.2024 |
|
amended by 68/1997 Sch cl 14 |
4.9.1997 |
|
|
|
amended by 63/2016 s 57(1) |
1.7.2017 |
|
amended by 63/2016 s 57(2) |
1.7.2017 |
|
|
|
amended by 26/2024 s 30(2) |
1.12.2024 |
|
amended by 63/2016 s 57(1), (2) |
1.7.2017 |
|
|
Ch 4 Pt 2 Div 4 |
|
|
|
|
|
|
|
amended by 68/1997 Sch cl 15 |
4.9.1997 |
|
|
Ch 4 Pt 2 Div 6 |
|
|
|
|
|
|
|
amended by 63/2016 s 57(1), (2) |
1.7.2017 |
|
|
|
amended by 26/2024 s 31 |
1.12.2024 |
|
amended by 63/2016 s 57(2), (3) |
1.7.2017 |
|
|
amended by 63/2016 s 57(1) |
1.7.2017 |
|
|
Ch 4 Pt 3 Div 1 |
|
|
|
s 131 before substitution by 49/2024 |
|
|
|
amended by 58/2009 s 17 |
1.1.2010 |
|
|
substituted by 49/2024 s 11 |
1.12.2024 |
|
|
|
|
|
|
amended by 63/2016 s 57(1) |
1.7.2017 |
|
|
|
amended by 26/2024 s 32 |
1.12.2024 |
|
substituted by 49/2024 s 12 |
1.12.2024 |
|
|
Ch 4 Pt 3 Div 2 |
|
|
|
amended by 63/2016 s 57(2) |
1.7.2017 |
|
|
|
amended by 26/2024 s 33 |
1.12.2024 |
|
|
amended by 49/2024 s 13(1) |
1.12.2024 |
|
|
(b), (c) deleted by 49/2024 s 13(2) |
1.12.2024 |
|
|
|
|
|
amended by 63/2016 s 57(1), (2) |
1.7.2017 |
|
|
|
amended by 26/2024 s 34 |
1.12.2024 |
|
amended by 63/2016 s 57(2), (3) |
1.7.2017 |
|
|
amended by 58/2009 s 18(1) |
1.1.2010 |
|
|
amended by 58/2009 s 18(2) |
1.1.2010 |
|
|
Ch 4 Pt 3 Div 3 |
|
|
|
|
|
|
|
amended by 58/2009 s 19 |
1.1.2010 |
|
|
Ch 4 Pt 3A |
inserted by 49/2024 s 14 |
1.12.2024 |
|
Ch 4 Pt 3B |
inserted by 49/2024 s 14 |
uncommenced—not incorporated |
|
Ch 4 Pt 4 |
|
|
|
Ch 4 Pt 4 Div 1 |
|
|
|
|
|
|
|
s 138(3) and (4) |
amended by 63/2016 s 57(4) |
1.7.2017 |
|
|
amended by 26/2024 s 35 |
1.12.2024 |
|
amended by 63/2016 s 57(5) |
1.7.2017 |
|
|
amended by 68/1997 Sch cl 16 |
4.9.1997 |
|
|
|
amended by 63/2016 s 57(1) |
1.7.2017 |
|
Ch 4 Pt 4 Div 2 |
|
|
|
|
|
|
|
amended by 3/2005 s 57(1)—(3) |
16.5.2005 |
|
|
|
amended by 49/2024 s 15 |
uncommenced—not incorporated |
|
inserted by 3/2005 s 57(4) |
16.5.2005 |
|
|
amended by 3/2005 s 57(5) |
16.5.2005 |
|
|
s 140(2a) and (2b) |
inserted by 3/2005 s 57(6) |
16.5.2005 |
|
amended by 68/1997 Sch cl 17 |
4.9.1997 |
|
|
|
amended by 3/2005 s 57(7), (8) |
16.5.2005 |
|
amended by 63/2016 s 57(1) |
1.7.2017 |
|
|
|
amended by 26/2024 s 36 |
1.12.2024 |
|
inserted by 3/2005 s 57(9) |
16.5.2005 |
|
|
|
deleted by 58/2009 s 20 |
1.1.2010 |
|
Ch 4 Pt 4 Div 3 |
|
|
|
|
|
|
|
amended by 3/2005 s 58(1) |
16.5.2005 |
|
|
inserted by 3/2005 s 58(2) |
16.5.2005 |
|
|
amended by 68/1997 Sch cl 18 |
4.9.1997 |
|
|
amended by 68/1997 Sch cl 19 |
4.9.1997 |
|
|
amended by 58/2009 s 21 |
1.1.2010 |
|
|
|
|
|
|
amended by 68/1997 Sch cl 20 |
4.9.1997 |
|
|
Ch 4 Pt 4 Div 4 |
|
|
|
amended by 63/2016 s 57(1) |
1.7.2017 |
|
|
inserted by 49/2024 s 16 |
1.12.2024 |
|
|
|
|
|
|
amended by 63/2016 s 57(1) |
1.7.2017 |
|
|
|
amended by 49/2024 s 17(1) |
1.12.2024 |
|
amended by 63/2016 s 57(1), (4) |
1.7.2017 |
|
|
|
amended by 49/2024 s 17(2) |
uncommenced—not incorporated |
|
Ch 5 before deletion by 63/2016 |
|
|
|
Ch 5 Pt 1 |
|
|
|
Ch 5 Pt 1 Div 1 |
|
|
|
s 148 |
|
|
|
s 148(3) |
substituted by 67/1995 s 12 |
31.8.1995 |
|
s 150 |
|
|
|
s 150(3) |
amended by 1/2015 s 13 |
10.4.2015 |
|
Ch 5 Pt 1 Div 2 |
|
|
|
s 151 |
substituted by 67/1995 s 13 |
31.8.1995 |
|
s 151(1) |
amended by 3/2005 s 59 |
16.5.2005 |
|
s 151(2) |
amended by 30/2008 Sch 2 cl 6 |
1.9.2008 |
|
s 152 |
|
|
|
s 152(2)—(5) |
substituted by 3/2005 s 60 |
16.5.2005 |
|
s 152(6) |
inserted by 3/2005 s 60 |
16.5.2005 |
|
s 152A |
inserted by 3/2005 s 61 |
16.5.2005 |
|
s 152A(3) |
amended by 44/2013 Sch 2 cl 1 |
1.7.2014 |
|
Ch 5 Pt 1 Div 3 |
|
|
|
s 153 |
|
|
|
s 153(2) |
amended by 17/2006 s 121 |
4.9.2006 |
|
s 153(3) |
amended by 1/2015 s 14 |
10.4.2015 |
|
Ch 5 Pt 1 Div 4 |
|
|
|
s 155 |
|
|
|
s 155(1) |
amended by 30/2008 Sch 2 cl 7(1) |
1.9.2008 |
|
s 155(3) |
amended by 30/2008 Sch 2 cl 7(2) |
1.9.2008 |
|
Ch 5 Pt 1 Div 4A |
inserted by 3/2005 s 62 |
16.5.2005 |
|
s 155A |
substituted by 30/2008 Sch 2 cl 8 |
1.9.2008 |
|
s 155B |
|
|
|
s 155B(2) |
amended by 26/2013 Sch 1 cl 3 |
4.7.2013 |
|
Ch 5 Pt 1 Div 6 |
|
|
|
s 167 |
|
|
|
s 167(3) |
inserted by 3/2005 s 63 |
16.5.2005 |
|
|
amended by 58/2009 s 22 |
1.1.2010 |
|
s 171 |
|
|
|
s 171(3) |
amended by 17/2006 s 122 |
4.9.2006 |
|
s 174A |
inserted by 3/2005 s 64 |
16.5.2005 |
|
s 175 |
|
|
|
s 175(3) |
inserted by 3/2005 s 65 |
16.5.2005 |
|
Ch 5 Pt 1 Div 7 |
|
|
|
s 177 |
|
|
|
s 177(1) |
amended by 68/1997 Sch cl 21 |
4.9.1997 |
|
Ch 5 Pt 1 Div 8 |
|
|
|
s 178 |
|
|
|
s 178(6) |
inserted by 3/2005 s 66 |
16.5.2005 |
|
Ch 5 Pt 2 Div 1 |
|
|
|
s 185 |
|
|
|
s 185(1) |
s 185 redesignated as 185(1) by 58/2009 s 23 |
1.1.2010 |
|
s 185(2) |
inserted by 58/2009 s 23 |
1.1.2010 |
|
Ch 5 Pt 2 Div 2 |
|
|
|
s 187 |
|
|
|
s 187(1) |
s 187 redesignated as s 187(1) by 3/2005
s 67 |
16.5.2005 |
|
s 187(2) |
inserted by 3/2005 s 67 |
16.5.2005 |
|
s 190 |
|
|
|
s 190(3) |
amended by 3/2005 s 68 |
16.5.2005 |
|
Ch 5 Pt 2 Div 3 |
|
|
|
s 191 |
|
|
|
s 191(1) |
amended by 17/2006 s 123(1) |
4.9.2006 |
|
s 191(4) |
amended by 17/2006 s 123(2) |
4.9.2006 |
|
Ch 5 Pt 3 |
|
|
|
Ch 5 Pt 3 Div 2 |
|
|
|
s 194 |
|
|
|
s 194(1) |
s 194 redesignated as s 194(1) by 3/2005
s 69 |
16.5.2005 |
|
s 194(2) |
inserted by 3/2005 s 69 |
16.5.2005 |
|
Ch 5 Pt 3 Div 3 |
|
|
|
s 198 |
|
|
|
s 198(2) |
amended by 67/1995 s 14 |
31.8.1995 |
|
|
substituted by 68/1997 s 12 |
4.9.1997 |
|
|
deleted by 3/2005 s 70 |
16.5.2005 |
|
Ch 5 Pt 3 Div 4 |
|
|
|
s 203 |
|
|
|
s 203(1) |
amended by 17/2006 s 124(1) |
4.9.2006 |
|
s 203(2) |
amended by 17/2006 s 124(2) |
4.9.2006 |
|
s 203(3) |
amended by 17/2006 s 124(3), (4) |
4.9.2006 |
|
s 207 |
|
|
|
s 207(1) |
amended by 35/2008 Sch 2 cl 9 |
1.9.2008 |
|
s 207(2) |
amended by 17/2006 s 125(1) |
4.9.2006 |
|
s 207(3) |
amended by 17/2006 s 125(2) |
4.9.2006 |
|
s 207(4) |
amended by 17/2006 s 125(3) |
4.9.2006 |
|
s 208 |
|
|
|
s 208(3) |
amended by 3/2005 s 71 |
16.5.2005 |
|
s 210 |
|
|
|
s 210(3) |
inserted by 58/2009 s 24 |
1.1.2010 |
|
s 213 |
|
|
|
s 213(1) |
substituted by 68/1997 s 13 |
4.9.1997 |
|
s 213(1a) and (1b) |
inserted by 68/1997 s 13 |
4.9.1997 |
|
Ch 5 Pt 4 |
|
|
|
s 215 |
|
|
|
s 215(3) |
amended by 58/2009 s 25(1) |
1.1.2010 |
|
s 215(4) |
amended by 58/2009 s 25(2), (3) |
1.1.2010 |
|
s 216 |
|
|
|
s 216(1) |
substituted by 58/2009 s 26(1) |
1.1.2010 |
|
s 216(2) |
amended by 58/2009 s 26(2) |
1.1.2010 |
|
s 216(3) |
amended by 58/2009 s 26(3) |
1.1.2010 |
|
s 216(4) |
amended by 58/2009 s 26(4) |
1.1.2010 |
|
s 216(5) |
amended by 58/2009 s 26(5) |
1.1.2010 |
|
Ch 5 |
deleted by 63/2016 s 58 |
1.7.2017 |
|
Ch 6AA |
inserted by 36/2015 s 7 |
19.11.2015 |
|
|
|
|
|
amended by 20/2024 Sch 1 cl 1 |
1.9.2024 |
|
|
Ch 6 |
|
|
|
deleted by 84/2009 s 137 |
1.2.2010 |
|
|
|
|
|
|
amended by 68/1997 Sch cl 22 |
4.9.1997 |
|
|
amended by 10/1998 s 3 |
2.4.1998 |
|
|
|
amended by 1/2015 s 15 |
10.4.2015 |
|
|
amended by 63/2016 s 59 |
1.7.2017 |
|
inserted by 63/2016 s 60 |
1.7.2017 |
|
|
inserted by 63/2016 s 60 |
1.7.2017 |
|
|
amended by 26/2024 s 37 |
1.12.2024 |
|
|
|
|
|
|
s 220(1) and (2) |
amended by 63/2016 s 61 |
1.7.2017 |
|
s 221 |
deleted by 63/2016 s 62 |
1.7.2017 |
|
s 222 |
deleted by 58/2009 s 27 |
1.1.2010 |
|
|
|
|
|
amended by 68/1997 Sch cl 23 |
4.9.1997 |
|
|
|
(e) deleted by 1/2015 s 16 |
10.4.2015 |
|
|
amended by 63/2016 s 63(1) |
1.7.2017 |
|
amended by 63/2016 s 63(2) |
1.7.2017 |
|
|
amended by 68/1997 Sch cl 24 |
4.9.1997 |
|
|
|
|
|
|
amended by 68/1997 Sch cl 25 |
4.9.1997 |
|
|
amended by 68/1997 Sch cl 26 |
4.9.1997 |
|
|
amended by 68/1997 Sch cl 27 |
4.9.1997 |
|
|
inserted by 3/2005 s 72 |
16.5.2005 |
|
|
amended by 68/1997 Sch cl 28 |
4.9.1997 |
|
|
|
|
|
|
amended by 68/1997 Sch cl 29 |
4.9.1997 |
|
|
|
|
|
|
amended by 68/1997 Sch cl 30 |
4.9.1997 |
|
|
s 230 before deletion by 26/2024 |
|
|
|
s 230(1) |
amended by 63/2016 s 64 |
1.7.2017 |
|
s 230 |
deleted by 26/2024 s 38 |
1.12.2024 |
|
|
|
|
|
amended by 63/2016 s 65(1) |
1.7.2017 |
|
|
amended by 63/2016 s 65(2) |
1.7.2017 |
|
|
amended by 63/2016 s 65(3) |
1.7.2017 |
|
|
|
|
|
|
substituted by 63/2016 s 66 |
1.7.2017 |
|
|
amended by 3/2005 s 73 |
16.5.2005 |
|
|
inserted by 3/2005 s 74 |
16.5.2005 |
|
|
|
|
|
|
substituted by 58/2009 s 28(1) |
1.1.2010 |
|
|
inserted by 58/2009 s 28(1) |
1.1.2010 |
|
|
substituted by 68/1997 Sch cl 31 |
4.9.1997 |
|
|
inserted by 58/2009 s 28(2) |
1.1.2010 |
|
|
Sch 1 |
|
|
|
omitted under Legislation Revision and Publication
Act 2002 |
29.4.2004 |
|
|
|
|
|
|
substituted by 57/1996 s 3(a) |
8.8.1996 |
|
|
substituted by 57/1996 s 3(b) |
8.8.1996 |
|
|
s 7A |
inserted by 67/1995 s 15 |
31.8.1995 |
|
|
|
|
|
substituted by 86/1996 s 2 |
12.12.1996 |
|
|
|
substituted by 48/1997 s 2 |
31.7.1997 |
|
s 16(3) and (4) |
inserted by 86/1996 s 2 |
12.12.1996 |
|
|
deleted by 48/1997 s 2 |
31.7.1997 |
|
inserted by 43/2006 s 101 |
1.6.2007 |
|
|
inserted by 58/2009 s 29 |
1.1.2010 |
|
|
Sch 2 |
deleted by 3/2005 s 75 |
16.5.2005 |
|
Sch 2 |
inserted by 58/2009 s 30 |
1.1.2010 |
|
cl 2 |
|
|
|
cl 2(3) |
amended by 63/2016 s 67(1) |
1.7.2017 |
|
cl 2(4) |
amended by 63/2016 s 67(1), (2) |
1.7.2017 |
|
cl 3 |
amended by 63/2016 s 67(2) |
1.7.2017 |
|
Sch 2A |
inserted by 58/2009 s 30 |
1.1.2010 |
|
cl 1 |
|
|
|
amended by 63/2016 s 68(1) |
1.7.2017 |
|
|
cl 3 |
|
|
|
cl 3(3) |
amended by 63/2016 s 68(1) |
1.7.2017 |
|
cl 3(4) |
amended by 63/2016 s 68(1), (2) |
1.7.2017 |
|
cl 4 |
|
|
|
cl 4(2) |
amended by 63/2016 s 68(1) |
1.7.2017 |
|
cl 4(3) |
amended by 63/2016 s 68(1), (2) |
1.7.2017 |
|
cl 5 |
amended by 63/2016 s 68(2) |
1.7.2017 |
|
Sch 3 |
heading substituted by 3/2005 s 76 |
16.5.2005 |
|
|
|
|
|
s 4(5) and (6) |
inserted by 3/2005 s 77(1) |
16.5.2005 |
|
inserted by 3/2005 s 77(2) |
16.5.2005 |
|
|
Sch 3A |
inserted by 3/2005 s 78 |
16.5.2005 |
|
Sch 3B |
inserted by 10/2023 s 5 |
1.9.2023 |
|
Sch 4 |
|
|
|
|
|
|
|
inserted by 3/2005 s 79 |
16.5.2005 |
|
|
Sch 5 |
|
|
|
|
|
|
|
adoption |
amended by 43/2006 s 102(1) |
1.6.2007 |
|
deleted by 43/2006 s 102(2) |
1.6.2007 |
|
|
s 2 |
|
|
|
s 2(1), (3) and (4) |
amended by 43/2006 s 102(3) |
1.6.2007 |
|
amended by 43/2006 s 102(4) |
1.6.2007 |
|
|
|
|
|
|
amended by 43/2006 s 102(5) |
1.6.2007 |
|
|
Schs 9—11 |
inserted by 3/2005 s 80 |
16.5.2005 |
Transitional etc provisions associated with Act or
amendments
Industrial and Employee Relations (Miscellaneous)
Amendment Act 1996
4—Transitional provision
An assignment made under the principal Act before the commencement of this
Act—
(a) assigning a District Court Judge to be the Senior Judge, or a Judge,
of the Court; or
(b) assigning a magistrate to be an industrial magistrate,
continues in force, subject to the principal Act, as an assignment under
the corresponding provision of the principal Act as amended by this
Act.
Industrial and Employee Relations (President's powers)
Amendment Act 1996
3—Cancellation of appointment
The purported appointment of the President of the Industrial Relations
Commission of South Australia as a Commissioner is cancelled and is taken never
to have been made.
Industrial Law Reform (Fair Work) Act 2005,
Sch 1—Transitional provisions
1—Interpretation
(1) In this Schedule—
principal Act means the Industrial and Employee Relations
Act 1994.
(2) Unless the contrary intention appears, terms used in this Schedule
have meanings consistent with the meanings they have in the principal
Act.
2—Enterprise Agreement
Commissioners
A person holding office as an Enterprise Agreement Commissioner immediately
before the commencement of this clause will continue as a Commissioner appointed
to the Commission for the balance of his or her term of appointment as an
Enterprise Agreement Commissioner (and is then eligible for reappointment under
the principal Act as amended by this Act).
3—Term of office of other members of
Commission
The amendments made to the principal Act by sections 12 or 15 of this
Act do not apply to members of the Commission appointed before the commencement
of this clause (and accordingly such a member of the Commission will cease to
hold office at the end of the term for which he or she was appointed (unless the
term comes to an end under the principal Act sooner) but the member will then be
eligible for reappointment under the principal Act as amended by this
Act).
4—Enterprise agreements
(1) The amendments made to the principal Act by section 32(2), 33(1),
(2) and (4) and 35(1) of this Act do not apply with respect to any negotiations
or proceedings to enter in an enterprise agreement being conducted or undertaken
by an association that is not a registered association if the association was,
before the commencement of this subclause, authorised to negotiate the agreement
on behalf of a group of employees in accordance with section 75(2) of the
principal Act (as in existence immediately before the commencement of this
clause).
(2) The amendment made to section 81 of the principal Act by this Act does
not apply with respect to the transfer of a business or undertaking that takes
effect before the commencement of this subclause.
5—Awards
The amendment made to section 91 of the principal Act by this Act does not
apply with respect to the transfer of a business or undertaking that takes
effect before the commencement of this clause.
6—Registered agents
The term of registration of a person holding a registration as an agent
immediately before the commencement of this clause will be taken to be 2 years
from the date of that commencement.
7—Minimum standards
(1) Schedule 2 of the principal Act (and any determination of the Full
Commission under that Schedule) will, despite the repeal of that Schedule by
this Act, continue to have effect until the Full Commission establishes a
minimum standard under subsection (3) of section 69 of the principal Act (as
enacted by this Act).
(2) The President of
the Commission must take reasonable steps to ensure that the first determination
of the Full Commission under subsection (3) of section 69 of the
principal Act (as enacted by this Act) is made as soon as is reasonably
practicable after the commencement of this subclause.
(3) The President of
the Commission must take reasonable steps to ensure that the Full Commission
establishes the minimum standard contemplated by section 72B of the principal
Act (as enacted by this Act) as soon as is reasonably practicable after the
commencement of this subclause.
(4) Proceedings for the purposes of subclause (2) or (3) may be
commenced by application by a peak entity, or by the Full Commission acting on
its own initiative.
8—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 Part, apply to any
amendment or repeal effected by this Act.
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.
Statutes Amendment (National Industrial Relations
System) Act 2009, Sch 1
1—Transitional provisions
(1) A reference in any Act or statutory instrument to the Australian
Industrial Relations Commission will be taken to be a reference to Fair Work
Australia.
(2) A reference in an Act or statutory instrument to the Industrial
Relations Act 1988 or the Workplace Relations Act 1996 of the
Commonwealth, insofar as the reference relates to associations or organisations
registered under either Act, will, unless the contrary intention appears, be
construed as a reference to the Fair Work (Registered Organisations) Act
2009 of the Commonwealth.
Fair Work (Miscellaneous) Amendment Act
2015
17—Transitional provision
The person holding office as the Employee Ombudsman will cease to do so on
the commencement of this section.
Statutes Amendment (Industrial Relations Consultative
Council) Act 2015
8—Transitional provision
A member of the Industrial Relations Advisory Committee established under
the Fair Work Act 1994 ceases to hold office on the commencement of
this section.
Statutes Amendment (South Australian Employment
Tribunal) Act 2016
(1) In this section—
determination has the same meaning as in the principal
Act;
industrial authority means the Industrial Relations Court of
South Australia or the Industrial Relations Commission of South
Australia;
principal Act means the Fair Work
Act 1994;
relevant day means the day on which this section comes into
operation;
Tribunal means the South Australian Employment
Tribunal.
(2) The Industrial
Relations Court of South Australia and the Industrial Relations Commission of
South Australia are dissolved by force of this subsection.
(3) The
commencement of this subsection brings to an end the appointment of a person as
a member of the Industrial Relations Court of South Australia or the Industrial
Relations Commission of South Australia (as the case may be).
(4) No right of
action arises, and no compensation is payable, in respect of an appointment
coming to an end by virtue of the operation of subsections (3) and
(4).
(a) subsections (2)
and (3) do not affect appointment of a person as a member of the Tribunal before
the relevant day; and
(b) in the case of
a member of the Industrial Relations Commission of South Australia who,
immediately before the relevant day, was not a member of the Tribunal—the
person will be taken to have been appointed (by force of this subsection) as a
Commissioner under the South Australian Employment Tribunal Act 2014
subject to the following provisions:
(i) the person's term of office will (subject to section 17 of that
Act) be taken to be a period of 5 years from the relevant day;
(ii) the person's appointment will be on any conditions determined by the
Governor and specified in an instrument executed by a Minister acting under this
provision within 14 days after the relevant day.
(6) The salary and allowances of a person to whom subsection (5)(a)
applies will not be reduced during the person's term of office as a member of
the Tribunal.
(7) A person to whom subsection (5)(b) applies is not entitled, after
the relevant day, to any salary, benefits or allowances on account of the
person's position as a member of the Industrial Relations Commission of South
Australia before the relevant day.
(8) However, the salary payable to a person to whom subsection (5)(b)
applies as a member of the Tribunal cannot be less than the salary payable to
the person as a member of the Industrial Relations Commission of South Australia
immediately before the relevant day (unless the person requests or agrees to a
change to the number of hours to be worked or to work on a sessional or other
basis).
(9) In addition, a person to whom subsection (5)(b) applies will be
taken to have continuity of service in all respects and will not be taken, for
the purposes of any Act or law, to have resigned or to have ceased to hold any
office for the purposes of any accrued or accruing rights or entitlements to any
pension.
(10) Nothing in a preceding subsection is, in the case of a member of the
Industrial Relations Commission of South Australia who, immediately before the
relevant day, held an appointment as a member of an industrial authority under a
law of the Commonwealth, intended to affect the person's position or status for
the purposes of continuing to hold the appointment under that law of the
Commonwealth.
(11) A determination of an industrial authority under the principal Act in
force immediately before the relevant day will, on and from the relevant day, be
taken to be a determination of the Tribunal.
(12) A right to bring proceedings before an industrial authority in
existence under the principal Act before the relevant day (but not so exercised
before that day) will be exercised as if this Part had been in operation before
the right arose, so that the relevant proceedings may be commenced before the
Tribunal rather than the industrial authority.
(13) Any proceedings before an industrial authority 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.
(14) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before
an industrial authority, and draw any conclusions of fact from that evidence
that appear proper; and
(b) adopt any findings or determinations of an industrial authority that
may be relevant to proceedings before the Tribunal; and
(c) adopt or make any determination in relation to proceedings before an
industrial authority before the relevant day (including so as to make a
determination 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.
(15) Nothing in this section affects a right of appeal to the Supreme
Court against a decision, direction or order of the Full Court of the Industrial
Relations Court of South Australia made or given before the relevant
day.
(16) A reference in any instrument or enterprise agreement to the
Industrial Relations Court of South Australia or the Industrial Relations
Commission of South Australia will, unless the context otherwise requires, be
taken to be a reference to the Tribunal.
Statutes Amendment (South Australian Employment
Tribunal) Act 2024
39—Transitional provisions
(1) Section 4(1) of the Fair Work Act 1994 (as amended by
section 4(2) of this Act) applies in relation to an industrial instrument
made or approved on or after the day on which this subclause comes into
operation.
(2) Nothing in section 4A(2) of the Fair Work Act 1994 (as
inserted by section 5 of this Act) affects the interpretation of the term
'employer' in an industrial instrument made or approved before the commencement
of this subclause.
(3) Where a provision of this Act amends the Fair Work
Act 1994 to require the South Australian Employment Tribunal to be
constituted—
(a) as an industrial relations commission; or
(b) as the South Australian Employment Court; or
(c) as a Full Bench of the South Australian Employment Tribunal,
the amendment only applies in relation to proceedings commenced after the
commencement of the amendment.
(4) Section 13A of the Fair Work Act 1994, as in force after
the commencement of section 10 of this Act, applies in relation to
proceedings determined by SAET after the commencement of section 10
(regardless of when the proceedings were commenced).
(5) Section 34(1a) of the Fair Work Act 1994, as inserted by
section 14 of this Act, applies in relation to an award of interest, or
lump sum instead of interest, determined after the commencement of
section 14 of this Act (regardless of when the proceedings were
commenced).
(6) In this clause—
industrial instrument has the same meaning as in the Fair
Work Act 1994.
Fair Work (Registered Associations) Amendment
Act 2024, Sch 1 Pt 2—Transitional
provision
2—Registration of associations under Chapter 4 Part
3 to continue
(1) The
registration of an association that is, immediately before the commencement of
this clause, registered under Chapter 4 Part 3 of the Fair Work
Act 1994 is not affected by the amendments to Chapter 4 Part 3 of that
Act made by this Act.
(2) Nothing in subclause (1) affects the ability of SAET to
de-register such an association.
Historical versions
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Reprint No 1—17.7.1995 |
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Reprint No 2—31.8.1995 |
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Reprint No 3—21.12.1995 |
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Reprint No 4—8.8.1996 |
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Reprint No 5—14.11.1996 |
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Reprint No 6—12.12.1996 |
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Reprint No 7—31.7.1997 |
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Reprint No 8—4.9.1997 |
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Reprint No 9—2.4.1998 |
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Reprint No 10—1.7.1999 |
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29.4.2004 |
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16.5.2005 |
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4.9.2006 |
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1.4.2007 |
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1.6.2007 |
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1.9.2008 |
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1.1.2010 |
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1.2.2010 |
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4.7.2013 |
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1.7.2014 |
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10.4.2015 |
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19.11.2015 |
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1.7.2017 |
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1.7.2021 |
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1.9.2023 |
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28.3.2024 |
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1.9.2024 |
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31.10.2024 |
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