From the Editor

Engaging in law reform agenda can have positive impact on legislation

MICHAEL ESPOSITO, EDITOR

Just some recent developments include the Fair Work Commission’s decision to increase the minimum wage, the new Federal Government’s broad industrial relations reform agenda, the likely introduction of industrial manslaughter laws at a State level, ongoing legal issues related to Covid-19 such as working from home and work, heath and safety policies, and recent reforms to SA’s workers compensation scheme.

This edition coves all of these issues, as well as an examination of controversial post-employment restraint laws, and a look at how and why the South Australian Employment Tribunal utilises alternative dispute resolution.

The reforms to the Return to Work Act highlight the important role that the legal profession can play in advocating for fair and effective laws.

The Society was caught somewhat by surprise when the State Government introduced a Bill on 2 June which would have had the effect of negating signifi cant SAET decisions in the cases of Preedy and Summerfi eld.

Despite the lack of warning, the Accident Compensation Committee quickly mobilised to analyse the Bill and provide the foundation upon which the Society made a submission to the Government on the Bill.

Following opposition to the Bill from unions, the Government withdrew it and introduced another, vastly different and more complex Bill.

Again, the Accident Compensation Committee met with Society staff to examine this proposed legislation, and the Society provided another detailed submission outlining a number of inconsistencies and ambiguities in the Bill, and again raised concerns about the lack of consultation on the hastily drafted Bill.

The Society pointed out several aspects of the Bill that would likely be the subject of protracted and costly test litigation, which would not be in the best interests of employees or employers.

Pleasingly, the Government and crossbenchers moved a number of amendments to the Bill which refl ected the Society’s recommendations. The fi nal version of the Bill does address several problems the Society had identifi ed with the Bill, and this may not have happened if it was not for the proactive and painstaking work of practitioners working with the Society to address problematic legislation.

The full implications of the reforms will not be known for some time, but this edition does include a summary of the key changes to the Return to Work Act, which I trust will be useful for those who practice in workers compensation or have some interest in the area. B

NOTICE TO MEMBERS

Annual General Meeting

Law Society Members are advised that the Annual General Meeting of the Society will be held at the Law Society, Level 10, 178 North Terrace, Adelaide on

Monday, 24 October 2022 at 5.15pm CDT

Information about the AGM (including how to participate via videoconference), nominating for positions on the Council and any required election/s will be forwarded to Members in due course.

Nominations for Offi ce-bearers and designated positions on Council close on Thursday 1 September 2022 at 5.00pm.