SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 35
SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 35
35—Decision-maker must assist Tribunal
(1) In proceedings for
the review of a reviewable decision, the decision-maker for the reviewable
decision must use his or her best endeavours to help the Tribunal so that it
can make its decision on the review.
(2) Without limiting
subsection (1), the decision-maker must provide the following to the
Tribunal within a reasonable period and in any event within the time
prescribed by the regulations:
(a) a
written statement of the reasons for the decision;
(b) any
document or thing in the decision-maker's possession or control that may be
relevant to the Tribunal's review of the decision.
(3) The decision-maker
must, in providing any document or thing under subsection (2), take
reasonable steps to identify the documents or things that were taken into
account in making the relevant decision.
(4) If the Tribunal
considers that there are additional documents or things in the
decision-maker's possession or control that may be relevant to the Tribunal's
review of the reviewable decision, the Tribunal may, by written notice,
require the decision-maker to provide the documents or things.
(5) If the Tribunal
considers the statement of reasons given under subsection (2)(a) is not
adequate, the Tribunal may, by written notice, require the decision-maker to
give the Tribunal an additional statement containing stated further
particulars.
(6) The decision-maker
must comply with a notice given under subsection (4) or (5) within the
period stated in the notice.
(7) A requirement
under this section that the decision-maker give the Tribunal information or a
document or thing applies despite any provision in another Act prohibiting or
restricting the disclosure of the information or the information contained in
the document or thing.
(8) The Tribunal may
examine any document or thing provided under this section and draw any
conclusions of fact it considers proper.