South Australian Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 6

6—Establishment and constitution of Board

        (1)         The Guardianship Board is established.

        (2)         Subject to this section, the Board will be constituted in relation to the hearing of any proceedings or the conduct of any other business of the following members:

            (a)         the President or a Deputy President; and

            (b)         a member of the panel constituted under section 8(1) and selected by the President or a Deputy President to be a member of the Board for the purpose of the hearing of those proceedings or the conduct of that business; and

            (c)         a member of the panel constituted under section 8(2) and selected by the President or a Deputy President to be a member of the Board for the purpose of those proceedings or that business.

        (3)         Members who constitute the Board for the purpose of hearing appeals from decisions or orders under the Mental Health Act 1993 will sit exclusively in that jurisdiction.

        (4)         In selecting members from the panel constituted under section 8(1) for the purposes of an appeal or other proceedings under the Mental Health Act 1993 , the President or Deputy President must select a psychiatrist.

        (5)         The regulations may provide that, in relation to the exercise of specified functions or matters of a specified class, the Board may be constituted of—

            (a)         the President, a Deputy President, or a member of a panel, sitting alone; or

            (b)         any 2 members sitting together as follows:

                  (i)         the President, or a Deputy President, and a member of a panel;

                  (ii)         2 members of the same panel;

                  (iii)         1 member from each panel.

        (5a)         If—

            (a)         the President, a Deputy President, or a member of a panel sitting alone purported, before the commencement of this subsection, to exercise powers of the Board by making a guardianship order or an administration order; and

            (b)         the Board, if constituted in accordance with subsection (2), could have validly made the order,

the purported order is (and is taken always to have been) a valid order of the Board.

        (6)         A member of a panel who has a personal interest or a direct or indirect pecuniary interest in a matter before the Board is disqualified from participating in the hearing of the matter.

        (7)         If a member of a panel on the Board dies or is for any other reason unable to continue with any proceedings before the Board, the Board constituted of the President or Deputy President who is presiding over the proceedings and the other panel member may, if the President or Deputy President so determines, continue and complete the proceedings.

        (8)         The Board, separately constituted in accordance with this section, may sit simultaneously for the purpose of hearing and determining separate proceedings or conducting separate business of the Board.