South Australian Consolidated Acts South Australian Consolidated ActsSchedule 1—Proceedings before the Tribunal
1—Application of
Schedule
Subject to any variation or exclusion prescribed by the regulations, this
Schedule applies to proceedings before the Tribunal under this Act.
(1) The Tribunal will,
for the purpose of hearing proceedings under this Act, be constituted of a
single member of the Tribunal.
(2) The Tribunal must
hear and determine proceedings under this Act wherever practicable within 14
days after they are instituted and, where that is not practicable, as
expeditiously as possible.
3—Application to vary or set aside order
(1) A person who is or
was a party to proceedings before the Tribunal may apply to the Tribunal for
an order varying or setting aside an order, decision or direction made or
given in those proceedings.
(2) An application
under subclause (1) must be made within 3 months of the making or giving
of the order, decision or direction.
(1) An application
under this Act to the Tribunal must—
(a) be
made in writing and, if a form is prescribed by the regulations, comply with
that form; and
(b)
contain the prescribed particulars (or such particulars as may be required by
a prescribed form); and
(c) be
accompanied by the prescribed fee (if any).
(2) Before
the Tribunal proceeds to hear an application it must first—
(a) give
the applicant notice in writing setting out the time and place at which it
will hear the application; and
(b) give
to any other party—
(i)
notice in writing setting out the time and place at which
it will hear the application; and
(ii)
such notice of the nature of the application as it thinks
fit.
(1) For the purpose of
any proceedings, the Tribunal may—
(a) by
summons signed by a member, registrar or deputy registrar of the Tribunal,
require the attendance before the Tribunal of any person;
(b) by
summons signed by a member, registrar or deputy registrar of the Tribunal,
require the production of books, papers or documents;
(c)
inspect books, papers or documents produced before it, retain them for such
reasonable period as it thinks fit, and make copies of any of them, or of any
of their contents;
(d)
require a person appearing before the Tribunal to make an oath or affirmation
that he or she will truly answer any relevant questions put to him or her by
the Tribunal or a person appearing before the Tribunal;
(e)
require a person appearing before the Tribunal (whether he or she has been
summoned to appear or not) to answer any relevant questions put to him or her
by the Tribunal or a person appearing before the Tribunal.
(2) If a person—
(a)
fails without reasonable excuse to comply with the requirements of a summons
served on him or her under subclause (1); or
(b)
refuses or fails to comply with a requirement of the Tribunal under
subclause (1); or
(c)
misbehaves before the Tribunal, wilfully insults the Tribunal or interrupts
the proceedings of the Tribunal,
the person is guilty of an offence.
Maximum penalty: $2 500.
(3) In any proceedings
the Tribunal may—
(a) hear
the application in such manner as the Tribunal considers best suited to that
purpose; and
(b)
decline to entertain the application if it considers that the application is
frivolous or involves a trivial matter or amount; and
(c)
decline to entertain the application, or adjourn the hearing, until the
fulfilment of conditions fixed by the Tribunal with a view to promoting the
settlement or resolution of matters in dispute between the parties; and
(d)
proceed to hear and determine the application in the absence of a party; and
(e)
extend any period prescribed by or under this Act within which an application
or other step in respect of proceedings must be made or taken (even if that
period has expired); and
(f) vary
or set aside an order or decision where the Tribunal considers there are
proper grounds for doing so; and
(g)
adjourn the hearing to a specified time or place or to a time and place to be
fixed; and
(h)
allow the amendment of the application; and
(i)
hear the application jointly with another application;
and
(j)
receive in evidence any transcript of evidence in proceedings before a court
and draw any conclusion of fact that it considers proper; and
(k)
adopt, as in its discretion it considers proper, any findings, decision or
judgment of a court that may be relevant to the proceedings; and
(l)
generally give all such directions and do all such things as it thinks
necessary or expedient in the proceedings.
(4) In any proceedings
the Tribunal is not bound by the rules of evidence but may inform itself on
any matter relating to the proceedings in such manner as it thinks fit.
6—Presentation of cases before Tribunal
(1) Except as provided
in this clause, a party to proceedings before the Tribunal under this Act must
present his or her own case and not be represented or assisted in the
presentation of the case by another person.
(2) A party to
proceedings before the Tribunal may be represented by an agent or assisted by
an agent in the presentation of his or her case if the Tribunal is satisfied
that—
(a) the
party is unable to appear personally or conduct the proceedings properly
himself or herself; and
(b) no
other party will be unfairly disadvantaged by the fact that the agent is
allowed so to act.
(3) All or any of the
parties to any proceedings before the Tribunal may be represented by legal
practitioners—
(a) if
all the parties agree and the Tribunal is satisfied that any party who is not
so represented will not be unfairly disadvantaged; or
(b) if 1
of the parties is a legally qualified person; or
(c) if
the proceedings involve an amount which exceeds $50 000 or such other
amount as is prescribed instead by regulation; or
(d) if
the Tribunal gives leave for such representation.
(4) If a party applies
for leave permitting representation by a legal practitioner under
subclause (3)(d), it must be granted if the Tribunal is satisfied—
(a) that
the granting of leave is likely to reduce costs or shorten the proceedings; or
(b) that
the applicant would, if leave were not granted, be unfairly disadvantaged.
(5) This clause does
not prevent—
(a) a
body corporate from being represented by an officer or employee of the body
corporate (not being a legally qualified person) authorised to conduct the
proceedings on its behalf (whether or not he or she is remunerated by the body
corporate for representing it in the proceedings); or
(b) a
person from acting as an interpreter for a party provided that his or her fee
does not exceed an amount fixed by the Tribunal at the hearing.
(6) A person must not
demand or receive any fee or reward for representing or assisting a party to
proceedings before the Tribunal unless—
(a) the
person is a legal practitioner; or
(b)
where the party is a body corporate, the person is an officer or employee of
the body corporate representing it under subclause (5).
Maximum penalty: $750.
(7) In this
clause—
agent means a person who is not a legally qualified person;
legally qualified person means a legal practitioner, an articled law clerk, or
a person who holds or has held legal qualifications under the laws of this
State or any other place.
(1) If before or
during the hearing of any proceedings it appears to the Tribunal either from
the nature of the case or from the attitude of the parties that there is a
reasonable possibility of matters in dispute between the parties being settled
by conciliation, the person constituting the Tribunal may—
(a)
interview the parties in private (either with or without any person who may be
representing any of them or assisting any of them in the presentation of his
or her case); and
(b)
endeavour to bring about a settlement of the proceedings on terms that are
fair to all parties.
(2) Nothing said or
done in the course of an attempt to settle proceedings under this clause may
subsequently be given in evidence in proceedings before the Tribunal except by
consent of all parties to the proceedings.
(3) The member of
the Tribunal who attempts to settle proceedings under this clause is not
disqualified from hearing or continuing to hear any proceedings in the matter.
(4) Where proceedings
are settled under this clause, the Tribunal may embody the terms of the
settlement in an order or direction of the Tribunal.
In proceedings under this Act the Tribunal must not award costs unless—
(a) all
parties to the proceedings were represented by legal practitioners; or
(b)
the Tribunal is of the opinion that there are special circumstances justifying
the award of costs.
9—Reservation of question of law
(1) The Tribunal may
reserve a question of law for the decision of the Supreme Court, whose
decision will be certified to and binding on the Tribunal.
(2) Any costs arising
from the reservation of a question under this clause, including costs incurred
by the parties to the proceedings, must be paid out of the General Revenue of
the State and this Act, without any further appropriation, is sufficient
authority for such payment.