South Australian Consolidated Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 25

25—General powers of Tribunal

        (1)         In the exercise of its powers and functions under this Act, the Tribunal may—

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

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

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

            (d)         require a person to make an oath or affirmation to answer truthfully all questions put by the Tribunal relating to a matter being inquired into by the Tribunal (which oath or affirmation may be administered by a member of the Tribunal); or

            (e)         require a person appearing before the Tribunal, including the person whose conduct is subject to an inquiry (whether summoned to appear or not), to answer relevant questions put by a member of the Tribunal, or by a person appearing before the Tribunal.

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

            (a)         who has been served with a summons to attend before the Tribunal fails without reasonable excuse to attend in obedience to the summons; or

            (b)         who has been served with a summons to produce books, papers or documents fails without reasonable excuse to comply with the summons; or

            (c)         misbehaves before the Tribunal, wilfully insults the Tribunal or a member of the Tribunal, or interrupts the proceedings of the Tribunal; or

            (d)         refuses to be sworn or to affirm, or to answer a question, when required to do so by the Tribunal,

the person is guilty of an offence.

Maximum penalty: $5 000.

        (3)         A person is not obliged to answer a question or to produce a book, paper or document if the answer or the contents of the book, paper or document would tend to incriminate the person of an offence.

        (4)         In the course of proceedings, the Tribunal may—

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

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