South Australian Consolidated Acts

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EDUCATION ACT 1972 - SECT 50

50—Powers of Appeal Board

        (1)         In the exercise of its powers and functions under this Act, or under any other Act that confers jurisdiction on the Appeal Board, the Board may—

            (a)         by summons signed on behalf of the Board by a member of the Board, require the attendance before the Board of any person; or

            (b)         by summons signed on behalf of the Board by a member of the Board, require the production of any books, papers or documents; or

            (c)         inspect any books, papers or documents produced before the Board and retain them for such reasonable period as it thinks fit and make copies of any of them or of any of their contents; or

            (d)         require any person to make an oath or affirmation that he will truly answer all questions put to him by the Board relating to any matter being inquired into by the Board (which oath or affirmation may be administered by any member of the Board); or

            (e)         require any person appearing before the Board (including any person whose conduct is subject to inquiry by the Board) to answer any relevant questions put to him by any member of the Board or by any other person appearing before the Board.

        (2)         Subject to subsection (3), if any person—

            (a)         who has been served with a summons to attend before the Appeal Board fails without reasonable excuse (proof of which shall lie upon him) to attend in obedience to the summons; or

            (b)         who has been served with a summons to produce any books, papers or documents fails without reasonable excuse (proof of which shall lie upon him) to comply with the summons; or

            (c)         misbehaves himself before the Board, wilfully insults the Board or any member of the Board or interrupts the proceedings of the Board; or

            (d)         refuses to be sworn or to affirm or to answer any relevant question when required to do so by the Board,

he shall be guilty of an offence and liable to a penalty not exceeding five hundred dollars.

        (3)         A person shall not be obliged to answer a question put to him under this section if the answer to that question would tend to incriminate him, or to produce any books, papers or documents if their contents would tend to incriminate him.

        (4)         In the course of any proceedings, the Appeal Board may—

            (a)         receive in evidence any transcript of evidence in proceedings before a court and draw any conclusions of fact from the evidence that it considers proper; or

            (b)         adopt, as in its discretion it considers proper, any findings, decision or judgment of a court that may be relevant to the proceedings.



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