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Statutes Amendment (SACAT No 2) Bill – Second Reading summing up, Committee, Third Reading

Adjourned debate on second reading.

(Continued from 31 October 2017.)

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (16:41): I thank honourable members, in particular the Hon. Andrew McLachlan, for their second reading contributions and indication of support for the bill.

There are two questions that the Hon. Andrew McLachlan specifically asked during his second reading contribution. The first was regarding the co-location of SACAT at a single location, and what the government was doing to work towards co-location and within what time frame. My advice is that a SACAT accommodation strategy is being addressed to develop SACAT’s current accommodation needs, including the increased needs as a result of future jurisdictions that may be conferred.

In light of the need to assess multiple options, funding requirements and accommodation availability, noting existing leases and the third parties involved, this issue cannot be resolved immediately, but it is expected that the accommodation strategy will be substantially completed by the end of the year. That is my information. SACAT will chart the progress of the implementation of this and other recommendations arising from the statutory review of SACAT on its website, with the next substantive report being uploaded, I am advised, by the end of January 2018.

The honourable member’s second question related to a Law Society submission on this bill urging that SACAT members be appropriately trained in dealing with children in light of the proposed transfer of jurisdictions from the Magistrates Court to SACAT under the Births, Deaths and Marriages Registration Act. The government has forwarded the Law Society letter referred to by the honourable member to SACAT for consideration in its planning for implementation of the transfer of the aforementioned Births, Deaths and Marriages Registration Act jurisdiction, including in relation to member training, as the honourable member has outlined from the Law Society’s submission.

SACAT has within its membership numerous members who are very skilled at taking evidence from vulnerable persons, including those with, for example, dementia or mental incapacity. SACAT also adopts processes to ensure that it receives the evidence required to ensure that its decisions are fair and afford all interested parties an opportunity to be heard without stipulating that such evidence must be received in a courtroom-like hearing.

SACAT is conscious that in assuming new jurisdiction for matters that require evidence to be taken from children, training for existing members will be required and, in all likelihood, new members with specialist knowledge may be recruited. Further consideration will be given to the ways in which evidence will be taken so as to minimise any negative consequences to the child that might otherwise arise. I trust this answers the honourable member’s questions, and look forward to the speedy passage of this bill through the committee stage.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. A.L. McLACHLAN: I do not have any questions on the bill for the minister because of the comprehensive response at the summing-up of the second reading. The Liberal Party will support the passage of the bill at the committee stage.

Clause passed.

Clauses 2 to 125 passed.

New clause 125A.

The Hon. K.J. MAHER: I move:

Amendment No 1 [Employment–1]—

Page 43, after line 11—After clause 125 insert:

125A—Amendment of section 11BA—Commissioner may suspend or impose conditions on registration in urgent circumstances

Section 11BA(4) to (8) (inclusive)—delete subsections (4) to (8) and substitute:

(4) A person whose registration is suspended or made subject to conditions under this section may seek a review by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of the decision of the Commissioner to suspend the registration (including the period of the suspension) or to impose the conditions.

(5) Subject to subsection (7), an application for review must be made to the Tribunal within 1 month after the making of the relevant decision.

(6) The Commissioner must, if so required by the person, state in writing the reasons for the Commissioner’s decision.

(7) If the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.

This is reasonably simple. This is an amendment that is required as a result of the recent passage of the Land Agents (Registration of Property Managers and Other Matters) Amendment Bill.

The Hon. A.L. McLACHLAN: The Liberal Party indicated in its second reading that it will support the technical amendments of the government.

New clause inserted.

Clauses 126 to 218 passed.

Clause 219.

The Hon. K.J. MAHER: I move:

Amendment No 1 [Employment–2]—

Page 69, lines 30 to 37 [clause 219(1)]—Delete subclause (1) and substitute:

(1) A right of appeal under section 10, 14 or 42 of the principal Act in existence (but not yet exercised) before the relevant 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 Administrative and Disciplinary Division of the District Court.

Again, this is a technical amendment that is required to correct an error in the wording of the transitional provisions relating to transfer of jurisdiction from the District Court to SACAT under the Safe Drinking Water Act.

The Hon. A.L. McLACHLAN: As I indicated in my second reading, the Liberal opposition will be supporting the amendment.

Amendment carried; clause as amended passed.

Remaining clauses (220 to 277) and title passed.

Bill reported with amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (16:48): I move:

That this bill be now read a third time.

Bill read a third time and passed.

See full session on Hansard