South Australian Repealed Acts

This legislation has been repealed.

NURSES ACT 1999 - SECT 46

46—Provisions as to inquiries

        (1)         The Governor may appoint a person as a special member of the Board under this Part (and a person so appointed may (but need not) act as a member of the Board for the purpose of any proceedings under this Part).

        (2)         Three members (including any member appointed under subsection (1)) constitute a quorum of the Board for the purposes of proceedings under this Part.

        (3)         At least one of the members of the Board appointed under section 5(1)(b) must be present at any meeting of the Board for the purposes of proceedings under this Part.

        (4)         If a member of the Board is personally involved in an investigation into a matter that is the subject of an inquiry by the Board under this Part, he or she may not sit as a member in the conduct of the inquiry by the Board.

        (5)         Subject to this Act, the Board must give to all of the parties to proceedings under this Part 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.

        (6)         Except in exceptional circumstances, the period of written notice under subsection (5) must be not less than 14 days.

        (7)         The requirement to give written notice under subsection (5) does not extend to adjournments.

        (8)         If a party to whom notice has been given pursuant to subsection (5) 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.

        (9)         In the course of proceedings 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 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.

        (10)         The Board should conduct proceedings under this Part as expeditiously as possible.