South Australian Consolidated Acts South Australian Consolidated Acts48—Procedures of the committee
(1) The member of a
review committee appointed from the panel of Judges and Industrial Magistrates
will preside at any proceedings of the review committee.
(2) A decision in
which any two members of a review committee concur is a decision of the
committee.
(3) A
review committee—
(a) must
act according to equity, good conscience and the substantial merits of the
case without regard to technicalities and legal forms; and
(b) is
not bound by any rules of evidence, but may inform itself on any matter in
such manner as it thinks fit.
(4) A review committee
must give reasonable notice to the parties to proceedings before it of the
time and place of those proceedings and afford the parties a reasonable
opportunity to call or give evidence, to examine or cross-examine witnesses
and to make submissions.
(5) In the exercise of
its powers and functions, a review committee may—
(a) by
summons signed by the presiding member of the committee, require the
attendance before the committee of any person; and
(b) by
summons signed by the presiding member of the review committee, require the
production of any document, object or material; and
(c)
require any person appearing before the review committee to answer any
relevant questions put by the committee, any member of the committee or by any
person appearing before the committee.
(6) Where—
(a) the
native language of a person who is to give oral evidence in any proceedings
before a review committee is not English; and
(b) the
witness is not reasonably fluent in English,
the person is entitled to give that evidence through an interpreter.
(7) A person may
present written evidence to a review committee in a language other than
English if that written evidence has annexed to it—
(a) a
translation of the evidence into English; and
(b) an
affidavit by the translator to the effect that the translation accurately
reproduces in English the contents of the original evidence.
(8) If a person—
(a) who
has been served with a summons to attend before a review committee fails
without reasonable excuse to attend in obedience to the summons; or
(b) who
has been served with a summons to produce any document, object or material,
fails without reasonable excuse to comply with the summons; or
(c)
misbehaves before a review committee, wilfully insults a review committee or
any member of a review committee, or interrupts the proceedings of a
review committee; or
(d)
refuses to answer any relevant question when required to do so by a
review committee,
that person is guilty of an offence.
Maximum penalty: Division 6 fine.
(9) A person is not
obliged to answer a question under this section if the answer would tend to
incriminate that person of an offence, or to produce a document, object or
material if it or its contents would tend to incriminate that person of an
offence.
(10) A
review committee may—
(a)
refer any technical matter to an expert;
(b)
accept the evidence or report of an expert.
(11) A person is
entitled to appear personally, or by representative, in proceedings before a
review committee.
(12) A person who
appears as a witness in proceedings before a review committee is, subject to
any contrary direction by the review committee, entitled to reimbursement of
expenses in accordance with the regulations.
(13) A
review committee should hear and determine any matter referred to it as
expeditiously as possible.
(14) Except as
provided by this section, the proceedings of a review committee may be
conducted in such manner as the review committee determines.