South Australian Consolidated Acts

PSYCHOLOGICAL PRACTICES ACT 1973 - SECT 28

28—Powers of Board as a disciplinary tribunal

        (1)         For the purposes of an inquiry, the Board may—

            (a)         by summons signed on behalf of the Board by a member of the Board, require the attendance before the Board of any person whom the Board thinks fit to call before it; or

            (b)         by summons signed on behalf of the Board by a member of the Board, require the production of any books, papers or documents; or

            (c)         inspect any books, papers or documents produced before it, and retain them for such reasonable period as it thinks fit, and make copies of any of them or of any of their contents; or

            (d)         require any person to make an oath or affirmation that he will truly answer all questions put to him by the Board relevant to any matter being inquired into by the Board, which oath or affirmation may be administered by any member of the Board; or

            (e)         require any person appearing before the Board including the person whose conduct is the subject of the inquiry (whether he has been summoned to appear or not) to answer any relevant questions put to him by any member of the Board or by any other person appearing before the Board.

        (2)         Subject to subsection (3) of this section, if any person—

            (a)         who has been served with a summons to attend before the Board neglects or fails to attend in obedience to the summons; or

            (b)         who has been served with a summons to produce any books, papers or documents, neglects or fails to comply with the notice; or

            (c)         misbehaves himself before the Board, wilfully insults the Board or any member thereof, or interrupts 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,

he shall be guilty of an offence and liable to a penalty not exceeding two hundred and fifty dollars.

        (3)         A person shall not be obliged to answer a question put to him by the Board if the answer to that question would tend to incriminate him or to produce any books, papers or documents if their contents would tend to incriminate him.

        (4)         In the course of an inquiry the Board may receive in evidence, and act upon—

            (a)         any transcript of evidence in proceedings before a court; or

            (b)         any findings or judgment of a court,

that may be relevant to the proceedings.

        (5)         The Board may, upon the determination of an inquiry under this Part, make such orders as to costs as the Board thinks just and reasonable.

        (6)         Where the Board makes an order for the payment of costs against a person registered under this Act and the costs are not paid within the time fixed by the Board, the Board may suspend the registration of that person until the costs are paid, or for such period as the Board thinks fit.

        (7)         Where the Board has ordered the payment of costs, the costs shall be recoverable summarily.