South Australian Consolidated Acts South Australian Consolidated Acts (1) In proceedings
before the Board under this Act or any other Act—
(a) if
the Board is constituted of 2 or more members (1 of whom is the President or a
Deputy President)—
(i)
the President or Deputy President will preside; and
(ii)
any question of law or procedure will be determined by
the President or Deputy President; and
(iii)
any other question will be determined by unanimous or
majority decision of the members;
(b) if
the Board is constituted of 2 or more panel members—
(i)
the President or a Deputy President will nominate 1 of
the members to preside; and
(ii)
any question of law that arises must be referred to the
President or a Deputy President for decision (and a decision made on the
reference is a decision of the Board); and
(iii)
any other question will be determined by unanimous or
majority decision of the members;
(c) if
the Board is constituted of a panel member sitting alone—any question of
law that arises must be referred to the President or a Deputy President for
decision (and a decision made on the reference is a decision of the Board).
(2) If the Board when
constituted of 2 or more members is unable to reach a decision on a question
(other than a question of law or procedure) before the Board, the decision of
the presiding member will prevail as the decision of the Board.
(3) The Board must act
according to equity, good conscience and the substantial merits of the case
without regard to technicalities or legal forms and is not bound by the rules
of evidence but may inform itself on any matter in such manner as it thinks
fit.