South Australian Current Acts

SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 - SECT 95

95—Reviews—notices relating to general duty

        (1)         This section applies if a person has been issued with a notice under this Part to secure compliance with the duty under Part 6.

        (2)         A person to whom a notice has been issued may apply for a review of the notice under this section.

        (3)         The review will be to the Public Health Review Panel (the "Review Panel") constituted under this section.

        (4)         The application must be made within 14 days after the notice is served on the person unless the Review Panel, in its discretion, allows an extension of time.

        (5)         Subject to a determination of the Review Panel to the contrary in relation to a particular matter, the operation of a notice subject to a review is not suspended pending the outcome of the proceedings.

        (6)         A review under this section is to be conducted as a full review of the matter to which the review relates.

        (7)         For the purposes of this section, the Review Panel will from time to time, in relation to a particular review, be constituted by—

            (a)         the Chief Public Health Officer (who will be the presiding member); and

            (b)         2 members of SAPHC selected by the Chief Public Health Officer for the purposes of the particular review; and

            (c)         any other person or persons selected by the Chief Public Health Officer in order to provide additional expertise on the panel.

        (8)         If the review relates to a notice issued by the Chief Public Health Officer, a delegate of the Chief Public Health Officer must act in place of the Chief Public Health Officer under subsection (7).

        (9)         A reference to a member of SAPHC under subsection (7)(b) extends to a deputy of a member of SAPHC.

        (10)         3 members of the Review Panel constitute a quorum of the Review Panel.

        (11)         A decision carried by a majority of the votes cast by the members of the Review Panel present at any proceedings of the Review Panel is a decision of the Review Panel.

        (12)         Each member present at a meeting of the Review Panel is entitled to 1 vote on a question arising for decision and, in the event of an equality of votes, the person presiding has a second, or casting, vote.

        (13)         A party is entitled to appear personally or, with leave of the Review Panel, by representative, in proceedings before the Review Panel.

        (14)         The Review Panel may proceed to determine a matter in the absence of a party if the party has had notice of the time and place of the proceedings and fails to appear.

        (15)         The Review Panel may, on its own initiative or on application by a party to the relevant proceedings—

            (a)         dismiss or determine any proceedings that appear—

                  (i)         to be frivolous or vexatious; or

                  (ii)         to have been instituted for the purpose of delay or obstruction, or for some other improper purpose;

            (b)         bring any proceedings to an end that appear—

                  (i)         to be more appropriately suited to proceedings before the Tribunal rather than the Review Panel; or

                  (ii)         to be unable to be satisfactorily resolved (or resolved within a reasonable period) by proceedings before the Review Panel; or

            (c)         bring any proceedings to an end for any other reasonable cause.

        (16)         In any proceedings, the Review Panel is not bound by the rules of evidence but may inform itself about any matter relating to the proceedings in such manner as it thinks fit.

        (17)         The Review Panel may, on hearing any proceedings under this section—

            (a)         confirm, vary or revoke any requirement to which the review relates and, if appropriate, discharge the relevant notice;

            (b)         substitute any requirement or notice that could have been made or given in the first instance;

            (c)         remit the subject matter to the relevant authority for further consideration;

            (d)         dismiss the matter;

            (e)         make an order for costs, but only to the extent that may be necessary in the interests of justice;

            (f)         make any consequential or ancillary order or direction, or impose any conditions, that it considers appropriate.

        (18)         The Review Panel is to hear and determine an application under this section as soon as is reasonably practicable and in any event within 2 months unless the Chief Public Health Officer allows an extension of time in a particular case.