South Australian Current Acts

TEACHERS REGISTRATION AND STANDARDS ACT 2004 - SECT 44

44—Power to issue summons etc

        (1)         The Teachers Registration Board may, for the purpose of proceedings—

            (a)         by summons signed on behalf of the Board by a member, or by the Registrar, require a person to appear before the Board or require material to be produced to the Board;

            (b)         inspect material produced to it, and retain the material for such reasonable period as it thinks fit, and make copies of the material, or any of its contents;

            (c)         require a person appearing before the Board to make an oath or affirmation to answer truthfully all questions put to him or her relating to any matter in issue before the Board (which oath or affirmation may be administered by a member of the Board or the Registrar);

            (d)         require a person appearing before the Board to answer any relevant question.

        (2)         On the receipt of an application for the issue of a summons under this section, a member of the Teachers Registration Board or the Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board.

        (3)         If a person—

            (a)         who has been served with a summons to appear before the Teachers Registration Board fails, without reasonable excuse, to attend in accordance with the summons; or

            (b)         who has been served with a summons to produce material fails, without reasonable excuse, to comply with the summons; or

            (c)         misbehaves during any proceedings, or interrupts any proceedings; or

            (d)         refuses to answer a relevant question when required to do so under this section; or

            (e)         refuses to be sworn or to affirm when required to do so under this section,

the person is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 1 year.

        (4)         If a person summoned under this section fails to produce material or to appear as required by the summons, or having appeared before the Teachers Registration Board refuses to be sworn or to affirm, or to answer a relevant question when required to do so, the Registrar may sign a certificate of the failure or refusal and such a certificate may be filed in the District Court.

        (5)         If a certificate is filed under subsection (4), an application may be made to the District Court for an order directing that the material be produced or that the person appear, or be sworn or affirm, or answer questions (as the case may require), and, on that application, the District Court may make such orders as it thinks fit (including orders for costs).