South Australian Current Acts South Australian Current Acts61—Constitution of Board for purpose of proceedings
(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) The Board will,
for the purpose of hearing and determining proceedings under this Part, be
constituted of not less than 3 members selected by the presiding member
(or, in the absence of the presiding member, the deputy presiding member).
(3) At least 1 of
the members of the Board, as constituted for the purposes of particular
proceedings under this Part, must be a legal practitioner.
(4) At least 1 of
the members of the Board, as constituted for the purposes of proceedings under
this Part relating to a particular registered school or person, must be—
(a) if
the registered school, or the registered school or school education sector to
which the alleged conduct of the person relates, is a Government school or the
Government sector—a member of the Board appointed in accordance with
section 22(2)(b); or
(b) if
the registered school, or the registered school or school education sector to
which the alleged conduct of the person relates, is a member of the
Association of Independent Schools of South Australia or such part of the
school education sector as may be relevant to that association—a member
of the Board appointed in accordance with section 22(2)(c); or
(c) if
the registered school, or the registered school or school education sector to
which the alleged conduct of the person relates, is a Catholic school or the
Catholic sector—a member of the Board appointed in accordance with
section 22(2)(d).
(5) Proceedings of the
Board as constituted for the purposes of particular proceedings under this
Part will be presided over by—
(a) if a
member of the Board as constituted under this section is appointed by the
presiding member or deputy presiding member (as the case requires) to preside
over the proceedings—that member; or
(b) in
any other case—a member of the Board as constituted under this section
who is a legal practitioner.
(6) If a member of the
Board as constituted for the purposes of particular proceedings under this
Part (other than the member presiding over the proceedings) dies or is for any
other reason unable to continue with the proceedings, the Board constituted of
the remaining members may, if the member presiding over the proceedings so
determines, continue and complete the proceedings.
(7) Any questions of
law or procedure arising before the Board will be determined by the member
presiding over the proceedings and any other questions by majority decision of
the members.
(8) The Board
constituted of the member presiding over the proceedings may, sitting
alone—
(a) deal
with—
(i)
preliminary, interlocutory or procedural matters; or
(ii)
questions of costs; or
(iii)
questions of law; or
(b)
enter consent orders,
and may, for that purpose or as a consequence, while sitting alone, make any
determination or order (including a final order) that the member considers
appropriate.
(9) A member of the
Board who is dealing with a question of law may refer the question for the
opinion of the Supreme Court.