South Australian Numbered Acts South Australian Numbered Acts(1) In this section—
"principal Act" means the Education Act 1972
;
"relevant day" means the day on which this Part comes into operation;
"review panel" means a classification review panel under Part 3 of the principal Act;
"Tribunal" means the South Australian Employment Tribunal.
(2) The Appeal Board under the principal Act is dissolved by force of this subsection (and so the commencement of this subsection brings to an end the appointment of a person as a member of the Appeal Board).
(3) 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 subsection (2)
.
(4) A decision, direction or order of the Appeal Board 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 or order of the Tribunal.
(5) A right of appeal to the Appeal Board under the principal Act in existence before the relevant day (but not 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 Appeal Board.
(6) Any proceedings before the Appeal Board 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.
(7) A decision of a review panel under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision of the Tribunal.
(8) A right to have a matter referred to a review panel under the principal Act in existence before the relevant day (but not 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 referred to a review panel.
(9) Any proceedings before a review panel 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.
(10) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before the Appeal Board or a review panel, and draw any conclusions of fact from that evidence that appear proper; and
(b) adopt any findings or determinations of the Appeal Board or a review panel 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 Appeal Board or a review panel 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.