(1) In proceedings
before the Tribunal under this Act, or on an appeal under section 71 of the
South Australian Civil and Administrative Tribunal Act 2013 , the
Tribunal or the Court (as the case requires)—
(a)
must, on the application of the Registrar, take steps to maintain the
confidentiality of information classified by the Registrar as criminal
intelligence, including steps to receive evidence and hear argument about the
information in private in the absence of the parties to the proceedings and
their representatives; and
(b) may
take evidence consisting of or relating to information so classified by the
Registrar by way of affidavit of a police officer of or above the rank of
superintendent.
(2) If the Tribunal
did not give reasons in writing at the time of making a decision, the Tribunal
must do so on request made within 28 days of the making of the decision.
(3) If a decision was
made because of information that is classified by the Registrar as
criminal intelligence, the only reason required to be given is that the
decision was made on public interest grounds.
(4) An application for
an appeal against a decision of the Tribunal under section 71 of the
South Australian Civil and Administrative Tribunal Act 2013 , must be
made—
(a)
within 28 days of the making of the decision; or
(b) if a
request for reasons in writing is made under subsection (2)—within
28 days after receipt of the reasons in writing.