South Australian Consolidated Acts

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POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) ACT 1985 - SECT 40

40—Proceedings

        (1)         The Tribunal must, in relation to any proceedings to be heard by the Tribunal, give the Commissioner and the designated officer charged (in this Act referred to as the "parties") 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)         The Tribunal must, when giving notice under subsection (1), also give the Authority notice of the time and place at which the proceedings are to be heard.

        (3)         If a party to whom notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the Tribunal may hear the proceedings in his or her absence.

        (4)         The Commissioner may appear personally in proceedings under this Part or may be represented at proceedings by counsel or a police officer.

        (5)         A party to proceedings before the Tribunal (other than the Commissioner) is entitled to appear—

            (a)         personally or by counsel; or

            (b)         with the permission of the Tribunal—by some other representative.

        (6)         Subject to subsection (7), the proceedings of the Tribunal are to be heard in private.

        (7)         The Tribunal must permit the Authority or his or her nominee and may, in its discretion, permit any other person to be present at proceedings of the Tribunal.

        (8)         Subject to this Act, the Tribunal will in its proceedings—

            (a)         be bound by the rules of evidence; and

            (b)         follow, to such extent as it considers appropriate, the practice and procedure of courts of summary jurisdiction on the hearing of complaints for simple offences.



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