Gazing in the Gazette

A MONTHLY REVIEW OF ACTS, APPOINTMENTS, 3 NOV 2021 – 2 JAN 2022 REGULATIONS AND RULES COMPILED BY MASTER ELIZABETH OLSSON OF THE DISTRICT COURT OF SOUTH AUSTRALIA

ACTS PROCLAIMED

Health Practitioner Regulation National Law (South Australia) (Telepharmacy) Amendment Act 2021 (No 41 of 2021) Commencement: 1 December 2021 Gazetted: 25 November 2021, Gazette No. 76 of 2021

Oaths (Miscellaneous) Amendment Act 2021 (No 31 of 2021) Commencement: 1 December 2021 Gazetted: 25 November 2021, Gazette No. 76 of 2021

South Australian Multicultural Act 2021 (No 39 of 2021) Commencement: 2 December 2021 Gazetted: 2 December 2021, Gazette No. 78 of 2021

Statutes Amendment (Gambling Regulation) Act 2019 (No 44 of 2019) Commencement s128: 9 December 2021 Gazetted: 9 December 2021, Gazette No. 80 of 2021

Criminal Law Consolidation (Driving at Extreme Speed) Amendment Act 2021 (No 28 of 2021) Commencement except ss 7 and 8: 16 December 2021 Gazetted: 16 December 2021, Gazette No. 81 of 2021

Mutual Recognition (South Australia) (Further Adoption) Amendment Act 2021 (No 54 of 2021) Commencement: 20 December 2021 Gazetted: 16 December 2021, Gazette No. 81 of 2021

Correctional Services (Accountability and Other Measures) Amendment Act 2021 (No 12 of 2021) Commencement ss 5; 9; 11; 12(3); Sch1 cl2: 19 January 2022 Gazetted: 23 December 2021, Gazette No. 82 of 2021

Firearms (Miscellaneous) Amendment Act 2021 (No 44 of 2021) Commencement: 24 December 2021 Gazetted: 23 December 2021, Gazette No. 82 of 2021 Legislation Interpretation Act 2021 (No 36 of 2021) Commencement: 1 January 2022 Gazetted: 23 December 2021, Gazette No. 82 of 2021

Statutes Amendment (Local Government Review) Act 2021 (No 26 of 2021) Commencement ss 79(3) to (5); 80(3) to (5) and (7); 82, but only insofar as it designates the current content of s 125 of Local Government Act 1999 as subsection (1) and inserts subsection (2) into that section; 87(3); 90(1); 95; 98; 126, but only insofar as it inserts the following into Local Government Act 1999:

i. the heading to Chapter 13 Part A1; ii. the heading to Chapter 13 Part A1

Division 2; iii. the heading to Chapter 13 Part A1

Division 2 Subdivision 2; iv. section 262F heading and (3) to (6) (inclusive): 6 January 2022

Commencement s 79(2) and (8): 30 April 2022 Commencement ss 8; 9; 17; 55; 147(1) - (3): 30 June 2022 Commencement s 79(1): 30 June 2023

Commencement ss 5(9); 93; 94(1): 31 August 2023 Commencement ss 5(8); 59; 81; 82, but only insofar as it inserts subsection (3) into s 125 of Local Government Act 1999; 83 - 85; 87(1) and (2); 88(3); 89; 141(3) and (6); 195: 30 November 2023 Gazetted: 23 December 2021, Gazette No. 82 of 2021

ACTS ASSENTED TO

Constitution (Independent Speaker) Amendment Act 2021, No. 40 of 2021 Gazetted: 4 November 2021, Gazette No. 72 of 2021

Health Practitioner Regulation National Law (South Australia) (Telepharmacy) Amendment Act 2021, No. 41 of 2021 Gazetted: 4 November 2021, Gazette No. 72 of 2021 Amendment Act 2021, No. 42 of 2021 (amends Motor Vehicles Act 1959 and Highways Act 1926) Gazetted: 4 November 2021, Gazette No. 72 of 2021

Emergency Management (Electricity Supply Emergencies) Amendment Act 2021, No. 43 of 2021 Gazetted: 25 November 2021, Gazette No. 76 of 2021

Firearms (Miscellaneous) Amendment Act 2021, No. 44 of 2021 Gazetted: 25 November 2021, Gazette No. 76 of 2021

Unclaimed Money Act 2021, No. 45 of 2021 (repeals Unclaimed Moneys Act 1891) Gazetted: 25 November 2021, Gazette No. 76 of 2021

Sentencing (Hate Crimes) Amendment Act 2021, No. 46 of 2021 Gazetted: 25 November 2021, Gazette No. 76 of 2021

Statutes Amendment (Spit Hood Prohibition) Act 2021, No. 47 of 2021 (amends Correctional Services Act 1982, Mental Health Act 2009, Sheriff’s Act 1978, Summary Offences Act 1953 and Youth Justice Administration Act 2016) Gazetted: 25 November 2021, Gazette No. 76 of 2021

Aquaculture (Tourism Development) Amendment Act 2021, No. 48 of 2021 Gazetted: 9 December 2021, Gazette No. 80 of 2021

Road Traffic (Drug Driving and Careless or Dangerous Driving) Amendment Act 2021, No. 49 of 2021 (amends Road Traffic Act 1961 and Motor Vehicles Act 1959) Gazetted: 9 December 2021, Gazette No. 80 of 2021

Fair Trading (Motor Vehicle Insurers and Repairers) Amendment Act 2021, No. 50 of 2021 (amends Fair Trading Act 1987 and Small Business Commissioner Act 2011) Gazetted: 9 December 2021, Gazette No. 80 of 2021

Suicide Prevention Act 2021, No. 51 of 2021 Gazetted: 9 December 2021, Gazette No. 80 of 2021

Civil Liability (Institutional Child Abuse Liability) Amendment Act 2021, No. 52 of 2021 Gazetted: 9 December 2021, Gazette No. 80 of 2021

Statutes Amendment (Strata Schemes) Act 2021, No. 53 of 2021 (amends Community Titles Act 1996 and Strata Titles Act 1988) Gazetted: 9 December 2021, Gazette No. 80 of 2021

Mutual Recognition (South Australia) (Further Adoption) Amendment Act 2021, No. 54 of 2021 Gazetted: 9 December 2021, Gazette No. 80 of 2021

Children and Young People (Safety) (Inquiry into Foster and Kinship Care) Amendment Act 2021, No. 55 of 2021 Gazetted: 9 December 2021, Gazette No. 80 of 2021

Social Workers Registration Act 2021, No. 56 of 2021 Gazetted: 9 December 2021, Gazette No. 80 of 2021

Statutes Amendment (Child Sexual Abuse) Act 2021, No. 57 of 2021 (amends Criminal Law Consolidation Act 1935, Criminal Procedure Act 1921, Evidence Act 1929, Sentencing Act 2017, Summary Offences Act 1953 and Young Offenders Act 1993) Gazetted: 9 December 2021, Gazette No. 80 of 2021

Coorong Environmental Trust Act 2021, No. 58 of 2021 Gazetted: 9 December 2021, Gazette No. 80 of 2021

APPOINTMENTS

Commissioner Environment, Resources and Development Court of South Australia

commencing on 15 November 2021 Helen Louise Dyer Gazetted: 11 November 2021, Gazette No. 73 of 2021

Legal Services Commission Chairperson/Member

from 1 January 2022 until 19 January 2023 Peter Damian Slattery Gazetted: 25 November 2021, Gazette No. 76 of 2021

Supreme Court of South Australia Puisne Judge

effective from 29 November 2021 Adelaide, 25 November 2021 Sandra McDonald SC Gazetted: 25 November 2021, Gazette No. 76 of 2021

Her Majesty’s Counsel in the State of South Australia

Jarrod Kane Warren SC Gazetted: 25 November 2021, Gazette No. 76 of 2021

Youth Court Magistrate

From 3 January 2022 Principal judiciary From 3 July 2022 Ancillary judiciary Todd Matthew Grant Gazetted: 25 November 2021, Gazette No. 76 of 2021

From 6 January 2022 Justin Peter Wickens From 17 January 2022 Edward Paul Stratton-Smith Gazetted: 23 December 2021, Gazette No. 82 of 2021

Magistrate South Australian Civil and Administrative Tribunal Member Youth Court of South Australia Ancillary Magistrate South Australian Civil and Administrative Tribunal Member

From 6 December 2021 Roderick Neil Jensen Gazetted: 2 December 2021, Gazette No. 78 of 2021 From 17 January 2022 Edward Paul Stratton-Smith Gazetted: 23 December 2021, Gazette No. 82 of 2021

Police Disciplinary Tribunal

Panel Member: Protective Security Officers Disciplinary Tribunal Panel Member:

from 6 December 2021 until 28 April 2023 Roderick Neil Jensen Gazetted: 2 December 2021, Gazette No. 78 of 2021

From 6 January 2022 Justin Peter Wickens From 17 January 2022 Edward Paul Stratton-Smith Gazetted: 23 December 2021, Gazette No. 82 of 2021

Office for Public Integrity Director

From 7 January 2022 Emma Michelle Townend Gazetted: 16 December 2021, Gazette No. 81 of 2021

Judicial Conduct Commissioner

for a term of three years commencing on 7 January 2022 and expiring on 6 January 2025 Michael Thomas Boylan QC Gazetted: 23 December 2021, Gazette No. 82 of 2021

RULES

Youth Court

Youth Court (Youth Treatment Orders) Rules 2021 Gazetted: 18 November 2021, Gazette No. 74 of 2021

Youth Court

Youth Court (Care and Protection) Rules 2018 Gazetted: 9 December 2021, Gazette No. 80 of 2021

Uniform Civil Rules 2020

Uniform Civil (No 6) Amending Rules 2022 From 1 January 2022 Gazetted: 16 December 2021, Gazette No. 81 of 2021

REGULATIONS PROMULGATED (3 NOVEMBER 2021 – 2 JANUARY 2022) REGULATION NAME REG NO. DATE GAZETTED

Electricity (General) (Technical Standards) Variation Regulations 2021 164 of 2021 4 November 2021, Gazette No. 72 of 2021 Superannuation (Prescribed Authority) Variation Regulations 2021 165 of 2021 11 November 2021, Gazette No. 73 of 2021 Voluntary Assisted Dying Regulations 2021 166 of 2021 11 November 2021, Gazette No. 73 of 2021 Health Care (Provision of Data and Statistics) Variation Regulations 2021 167 of 2021 11 November 2021, Gazette No. 73 of 2021 Health Care (Reporting of Cancer) Variation Regulations 2021 168 of 2021 11 November 2021, Gazette No. 73 of 2021 Community Based Sentences (Interstate Transfer) Regulations 2021 169 of 2021 18 November 2021, Gazette No. 74 of 2021 Burial and Cremation (Surrender of Interment Rights) Variation Regulations 2021 170 of 2021 18 November 2021, Gazette No. 74 of 2021 Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Variation Regulations 2021 171 of 2021 18 November 2021, Gazette No. 74 of 2021 Landscape South Australia (Transitional Provisions) (Water Register) Variation Regulations 2021 172 of 2021 18 November 2021, Gazette No. 74 of 2021 Landscape South Australia (Water Register) (Operation of Provisions) Variation Regulations 2021 173 of 2021 18 November 2021, Gazette No. 74 of 2021 Controlled Substances (Youth Treatment Orders) Regulations 2021 174 of 2021 18 November 2021, Gazette No. 74 of 2021 Oaths Regulations 2021 175 of 2021 25 November 2021, Gazette No. 76 of 2021 Health Practitioner Regulation National Law (South Australia) (Telepharmacy) Variation Regulations 2021 176 of 2021 25 November 2021, Gazette No. 76 of 2021 Native Vegetation (Prescribed Areas) Variation Regulations 2021 177 of 2021 2 December 2021, Gazette No. 78 of 2021

Passenger Transport (Defi nition of Metropolitan Adelaide and Other Matters) Variation Regulations 2021 178 of 2021 2 December 2021, Gazette No. 78 of 2021

National Electricity (South Australia) (Local Provisions) Variation Regulations 2021 179 of 2021 9 December 2021, Gazette No. 80 of 2021

Electricity (General) (Payment Condition) Variation Regulations 2021 180 of 2021 9 December 2021, Gazette No. 80 of 2021 Gaming Machines (Miscellaneous) Variation Regulations 2021 181 of 2021 9 December 2021, Gazette No. 80 of 2021 Lotteries (Miscellaneous) Variation Regulations 2021 182 of 2021 9 December 2021, Gazette No. 80 of 2021 Public Corporations (Australian Children's Performing Arts Company) (Dissolution and Revocation) Regulations 2021 183 of 2021 9 December 2021, Gazette No. 80 of 2021 Victims of Crime (Fund and Levy) (Young Offenders) Variation Regulations 2021 184 of 2021 9 December 2021, Gazette No. 80 of 2021 Electricity (General) (Technical Requirements for Electrical Equipment) Variation Regulations 2021 185 of 2021 16 December 2021, Gazette No. 81 of 2021 Controlled Substances (Poisons) (Miscellaneous) Variation Regulations 2021 186 of 2021 16 December 2021, Gazette No. 81 of 2021

National Parks and Wildlife (Co-management Boards) (Gawler Ranges Parks) Variation Regulations 2021 187 of 2021 16 December 2021, Gazette No. 81 of 2021

Children and Young People (Safety) Variation Regulations 2021 188 of 2021 16 December 2021, Gazette No. 81 of 2021 Criminal Law Consolidation (General) (Driving at Extreme Speed) Variation Regulations 2021 189 of 2021 16 December 2021, Gazette No. 81 of 2021 Planning, Development and Infrastructure (General) (Miscellaneous) Variation Regulations 2021 190 of 2021 16 December 2021, Gazette No. 81 of 2021 Planning, Development and Infrastructure (Transitional Provisions) (Major Development) Variation Regulations 2021 191 of 2021 16 December 2021, Gazette No. 81 of 2021 Legislation Interpretation Regulations 2021 192 of 2021 23 December 2021, Gazette No. 82 of 2021 Legislation Revision and Publication (Legislation Interpretation) Amendment Regulations 2021 193 of 2021 23 December 2021, Gazette No. 82 of 2021 Local Government (Financial Management) (Review) Variation Regulations 2021 194 of 2021 23 December 2021, Gazette No. 82 of 2021 Local Government (General) (Annual Reports) Variation Regulations 195 of 2021 23 December 2021, Gazette No. 82 of 2021 Local Government (Amendment of Schedule 4 of Act) Regulations 2021 196 of 2021 23 December 2021, Gazette No. 82 of 2021 Local Government (Transitional Provisions) (Stage 2) Variation Regulations 2021 197 of 2021 23 December 2021, Gazette No. 82 of 2021 Fire and Emergency Services Variation Regulations 2021 198 of 2021 23 December 2021, Gazette No. 82 of 2021

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The Litigation Assistance Fund (LAF) is a non-profit charitable trust for which the Law Society acts as trustee. Since 1992 it has provided funding assistance to approximately 1,500 civil claimants. LAF receives applications for funding assistance from solicitors on behalf of civil claimants seeking compensation/ damages who are unable to meet the fees and/or disbursements of prosecuting their claim. The applications are subjected to a means test and a merits test. Two different forms of funding exist – Disbursements Only Funding (DOF) and Full Funding. LAF funds itself by receiving a relatively small portion of the monetary proceeds (usually damages) achieved by the claimants whom it assists. Claimants who received DOF funding repay the amount received, plus an uplift of 100% on that amount. Claimants who received Full Funding repay the amount received, plus 15% of their damages. This ensures LAF’s ability to continue to provide assistance to claimants. LAF recommends considering whether applying to LAF is the best course in the circumstances of the claim. There may be better methods of obtaining funding/ representation. For example, all Funding Agreements with LAF give LAF certain rights including that funding can be withdrawn and/or varied. For further information, please visit the Law Society’s website or contact Annie MacRae on 8229 0263.