South Australian Current Acts

MARALINGA TJARUTJA LAND RIGHTS ACT 1984 - SECT 34

34—Disputes

        (1)         Any traditional owner who is aggrieved by a decision or action of Maralinga Tjarutja, or any of its members, may appeal to the tribal assessor against that decision or action.

        (2)         The tribal assessor—

            (a)         shall hear the appeal at some suitable place upon the lands; and

            (b)         shall conduct the hearing as expeditiously as possible and without undue formality.

        (3)         The tribal assessor is not bound by the rules of evidence in proceedings under this section, but may inform himself in such manner as he thinks fit.

        (4)         In proceedings under this section, the tribal assessor should observe, and where appropriate give effect to, the customs and traditions of the traditional owners.

        (5)         The tribal assessor may in proceedings under this section—

            (a)         give such directions as he considers just or expedient to resolve any matters in dispute; or

            (b)         refer the matter back to Maralinga Tjarutja to be further dealt with in accordance with his directions.