South Australian Consolidated Acts

POLICE ACT 1998 - SCHEDULE 1

Schedule 1—Police Review Tribunal

1—Constitution of Tribunal

        (1)         The Police Review Tribunal is established.

        (2)         The Chief Magistrate of the Magistrates Court will, on the commencement of any proceedings under Divisions 1 or 2 of Part 8, select a Magistrate to constitute the Tribunal for the purpose of those proceedings.

        (3)         The Tribunal will, for the purposes of proceedings under Division 3 of Part 8, consist of a person appointed by the Minister under subclause (4) or, if that person is unable to act, a person appointed as a deputy under subclause (5).

        (4)         The Minister may appoint a person to the Tribunal for a term of three years and on conditions determined by the Minister.

        (5)         The Minister may appoint a deputy of a person appointed to the Tribunal under subclause (4).

        (6)         The appointment of a deputy will be for a term of three years and on conditions determined by the Minister.

        (7)         A person appointed under subclause (4) or (5)—

            (a)         will be eligible for reappointment at the end of a term of office;

            (b)         may resign by written notice addressed to the Minister;

            (c)         may be removed from office by the Minister on the ground of misconduct, neglect of duty, incompetence, or physical or mental incapacity to carry out official duties.

2—Secretary to Tribunal

The Minister will appoint a Secretary to the Tribunal.

3—Proceedings before Tribunal

        (1)         The Tribunal must in relation to any proceedings before the Tribunal give the Commissioner and the applicant (the parties to the proceedings) reasonable notice of the time and place at which the proceedings are to be heard and must afford them a reasonable opportunity to call or give evidence, to examine or cross-examine witnesses and to make submissions to the Tribunal.

        (2)         Subject to subclause (3), a party to proceedings before the Tribunal is entitled to appear personally, or by representative, in the proceedings.

        (3)         A party is not entitled to be represented by a legal practitioner in proceedings under Division 3 of Part 8.

        (4)         If a party to whom notice has been given under subclause (1) does not attend at the time and place fixed by the notice, the Tribunal may proceed in the absence of the party.

        (5)         In its proceedings under this Act, the Tribunal—

            (a)         will 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.

        (6)         The Tribunal must keep a record of any evidence taken during proceedings.

        (7)         The Tribunal may decline to hear or determine proceedings that appear to be trivial, frivolous or vexatious.

4—Powers of Tribunal

        (1)         The Tribunal may, for the purposes of its proceedings—

            (a)         by summons signed by the Tribunal or the Secretary to the Tribunal, require the attendance before the Tribunal of any person; and

            (b)         by summons signed by the Tribunal or the Secretary to the Tribunal, require the production of any document, object or material; and

            (c)         require a person to make an oath or affirmation truly to answer all questions put by the Tribunal or a person appearing before the Tribunal; and

            (d)         require a person appearing before the Tribunal to answer any relevant questions put by the Tribunal or a person appearing before the Tribunal.

        (2)         Subject to subclause (3), if a person—

            (a)         who has been served with a summons to attend before the Tribunal 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 the Tribunal, wilfully insults the Tribunal or interrupts the proceedings of the Tribunal; or

            (d)         refuses to be sworn or to affirm, or to answer a relevant question, when required to do so by the Tribunal,

the person is guilty of an offence and liable to a penalty not exceeding $2 500.

        (3)         A person is not obliged to answer a question under this clause if the answer to the question would tend to incriminate the person of an offence, or to produce any document, object or material if it or its contents would tend to incriminate the person of an offence.

5—Practice and procedure

Subject to this Act and the regulations, the practice and procedure of the Tribunal are to be as determined by the Tribunal.