Personal injury COVID-19 updates

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SAET proposed approach to managing Return to Work Act 2014 cases at hearing and determination 

Posted 4 January 2021 

The Honourable President Justice Dolphin has advised the following initiatives adopted by SAET in 2020 for cases at hearing and determination will remain in place: 

  • Parties will be strongly encouraged to liaise prior to any listing before a Presidential member, including the filing of consent orders where possible.
  • Unless otherwise directed, Pre-hearing conferences, directions hearings and Compliance conferences will continue to be conducted by teleconference.
  • The listing of a case in a callover will only occur when the parties are properly prepared and where relevant orders have been complied with.
  • The taking of expert evidence at trial via Microsoft Teams will be strongly encouraged. 


The SAET's Case Management Working Group will reconvene to conduct a further review of its practices relating to Workers Compensation matters in July 2021. 



Arrangements for the South Australian Employment Tribunal from Monday 23 November 2020

Posted 23 November 2020 


The Honourable President Justice Dolphin has advised the Attendances at SAET – Coronavirus (COVID-19) Pandemic responses – 19 November 2020 communique is rescinded.

As of Monday 23 November 2020, in accordance with South Australian Government advice and directions with regards to the recent Covid-19 cluster outbreak, the Tribunal is adopting the following practices.

Criteria for attending SAET in-person

Anyone attending SAET in-person must meet the Criteria for attending SAET in-person. The criteria is available at 

Matters before Commissioners

Until further notice, all scheduled hearings and conference, including those scheduled to be conducted in-person, will be conducted by teleconference.

Matters before Presidential Members

Unless advised by the Tribunal, hearings and conferences will be conducted as scheduled. All queries should be directed to the individual chambers.

Review

The SAET will continue to review its position in accordance with changing circumstances, updated Australian and State government protocols and the advice of health experts.



Attendances at the South Australian Employment Tribunal 

Posted 19 November 2020 

The Honourable President Justice Dolphin has advised that as a result of the South Australian Government’s Emergency Management (Stay at Home) (COVID-19) Direction 2020 during this COVID-19 Circuit Breaker period, the public and professional facing operations of the South Australian Employment Tribunal will be affected. As of today, 19 November 2020, SAET is adopting the following practices. They are also cognisant of the fact that working from home may adversely affect the ability of representatives to be properly and fully prepared for any particular case.
  
No in-person attendance at SAET
  
There will be no public access to the Riverside Building, other than for essential services. As such, SAET cannot be physically accessed. Contact to SAET will only be via email (saet@sa.gov.au). For urgent dust disease matters or urgent industrial disputes requiring immediate action telephone Registry on (08) 8207 0999.
  
Matters before Commissioners
  
As previous, all scheduled hearings and conferences, including those scheduled to be conducted in-person, will continue to be by teleconference.
  
Matters before Presidential Members
  
In-person conferences and hearings cannot proceed with the current restrictions. Chambers will contact the parties in any particular listed case to make alternative arrangements. Whilst some conferences and hearings may be able to proceed via telephone or MS Teams, others may not. The parties are to consider what arrangements may work best in each case.
  
Review
  
The SAET will review its position at the end of the COVID-19 Circuit Breaker period and in accordance with changing circumstances, updated South Australian Government advice and directives, and the advice of health experts.