South Australian Consolidated Acts South Australian Consolidated Acts41—Consideration of restricted documents
(1) In any proceedings
under this Division in which it is claimed that a document is a
restricted document, the District Court must, on the application of—
(a) the
agency concerned; or
(b) if
the agency concerned is a State Government agency—the Minister
administering this Act,
receive evidence and hear argument in the absence of the public, the other
party to the appeal and, where in the opinion of the District Court it is
necessary to do so in order to prevent the disclosure of any exempt matter,
the party's representative.
(2) If the
District Court is not satisfied, by evidence on affidavit or otherwise, that
there are reasonable grounds for the claim, it may require the document to be
produced in evidence before it.
(3) If the agency
concerned is a State Government agency, the Minister administering this Act is
a party to the proceedings, and the District Court must not determine the
appeal unless the Court has given the Minister a reasonable opportunity to
appear and be heard in relation to the matter and has given due weight to any
submissions made by or on behalf of the Minister.