South Australian Consolidated Acts South Australian Consolidated Acts14—Powers and procedures of Board
(1) The Board may, for
the purposes of proceedings before the Board (whether under this Act or any
other Act)—
(a) by
summons signed on behalf of the Board by a member of the Board or the
Registrar, require the attendance of a person before the Board; or
(b) by
summons signed on behalf of the Board by a member of the Board or the
Registrar, require the production to the Board of any relevant books, papers
or documents; or
(c)
inspect any books, papers or documents so produced and retain them for such
reasonable period as it thinks fit and makes copies of any of them or any of
their contents; or
(d)
require any person to make an oath or affirmation to answer truthfully all
questions put by a member of the Board, or a person assisting or appearing
before the Board, relating to a matter before the Board; or
(e)
require any person appearing before the Board to answer any relevant questions
put by a member of the Board or by a person assisting or appearing before the
Board.
(2) Subject to
subsection (3), a person who—
(a) has
been served with a summons to appear before the Board and fails, without
reasonable excuse, to attend in obedience to the summons; or
(b) has
been served with a summons to produce books, papers or documents and fails,
without reasonable excuse, to comply with the summons; or
(c)
wilfully insults the Board, any member of the Board or a person assisting the
Board, or disrupts 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,
is guilty of an offence.
Maximum penalty: $10 000.
(3) A person who
appears as a witness before the Board or produces books, papers or documents
to the Board has the same protection as a witness in proceedings before the
District Court.
(4) Subject to
subsection (5), the Board must give the following persons reasonable
notice of the time and place of the hearing of the proceedings:
(a) the
applicant; and
(b) the
person to whom the proceedings relate; and
(c)
the Public Advocate; and
(d) such
other persons as the Board believes have a proper interest in the matter.
(5) The Board is not
obliged to give notice of proceedings to a person whose whereabouts cannot,
after reasonable enquiries, be ascertained.
(6) The Board—
(a) must
give the applicant and the person to whom the proceedings relate a reasonable
opportunity to call or give evidence, to examine or cross-examine witnesses
and to make submissions to the Board; and
(b) must
give any other person—
(i)
to whom notice of the proceedings was given; or
(ii)
who satisfies the Board that he or she has a proper
interest in the matter,
a reasonable opportunity to make submissions to the Board.
(7) Despite
subsections (4) and (6), the Board may, if satisfied that urgent action is
required in proceedings before the Board, make an order as a matter of urgency
without complying with those subsections, with effect as follows:
(a) if
it is an order under section 32(1)—for a period not exceeding 14 days as
directed by the Board;
(b) in
the case of any other order—for a period not exceeding 21 days as
directed by the Board.
(9) A person is
entitled to appear before the Board—
(a)
personally or by counsel; or
(b) if
he or she is the person the subject of the proceedings—
(i)
by the Public Advocate; or
(ii)
except where the proceedings are appeal
proceedings—by a recognised advocate; or
(c) with
the permission of the Board, by any other representative.
(10) Subject to
subsection (11), hearings before the Board are open hearings.
(11) In any
proceedings before the Board, the Board has an absolute discretion—
(a) to
direct that no person other than—
(i)
the person to whom the proceedings relate and any person
representing him or her in the proceedings; and
(ii)
witnesses or persons making submissions (while giving
evidence or making those submissions); and
(iii)
officers of the Board or persons assisting the Board,
be present in the room while the proceedings are being heard; or
(b) to
direct that a particular person (other than a person referred to in
paragraph (a)) not be present in the room while the proceedings are being
heard.
(12) The Board may
make a determination in any proceedings in the absence of a party to the
proceedings if satisfied that the party was given reasonable opportunity to
appear but failed to do so.
(12a) The Board may,
if satisfied that there is reason to adjourn proceedings before the Board,
adjourn the proceedings and make such other orders as are necessary or
appropriate in the circumstances.
(13) The Registrar
must, on the request of a person who has a right of appeal against a decision
of the Board, or who satisfies the Registrar that he or she has a proper
interest in the matter, furnish the person with a written statement of the
Board's reasons for that decision, but only if the request is made within
three months of the date of the decision.