South Australian Numbered Acts South Australian Numbered Acts58—Provisions as to proceedings before Board
(1) Subject to this
Act, the Board must give to all of the parties to proceedings before the Board
under this Part at least 14 days' written notice of the time and place at
which it intends to conduct the proceedings, and must afford to the parties a
reasonable opportunity to call and give evidence, to examine or cross-examine
witnesses, and to make submissions to the Board.
(2) However—
(a) the
Board may, if it thinks special reasons exist for doing so, give a lesser
period of written notice under subsection (1); and
(b) the
Board may, if of the opinion that it is desirable to do so in the public
interest—
(i)
suspend the registration of the person the subject of the
proceedings; or
(ii)
impose conditions on the person's registration
restricting the person's right to provide pharmacy services,
pending hearing and determination of the proceedings.
(3) The requirement to
give written notice under subsection (1) does not extend to adjournments.
(4) 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 Board may proceed to hear and determine the
matter in the absence of that party.
(5) A person who is
aggrieved by conduct that is the subject-matter of proceedings before the
Board under this Part is, subject to any direction of the Board to the
contrary, entitled to be present at the hearing of the proceedings.
(6) In the course of
proceedings before the Board under this Part, the Board may—
(a)
receive in evidence a transcript of evidence taken in proceedings before a
court, tribunal or other body constituted under the law of South Australia or
of any other State or a Territory of Australia or of another country, and draw
any conclusions of fact from the evidence that it considers proper;
(b)
adopt, as in its discretion it considers proper, any findings, decision,
judgment, or reasons for judgment, of any such court, tribunal or body that
may be relevant to the proceedings.
(7) The Board should
conduct proceedings under this Part as expeditiously as possible.