South Australian Numbered Acts

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ARCHITECTURAL PRACTICE ACT 2009 (NO 16 OF 2009) - SECT 49

49—Provisions as to proceedings before Board

        (1)         The Board must give at least 14 days' written notice of the time and place at which it intends to conduct proceedings under this Part to—

            (a)         each of the parties to the proceedings; and

            (b)         if the respondent is a partner in a partnership that is a registered architectural business—each other partner in the partnership.

        (2)         However—

            (a)         the Board may, if it thinks special reasons exist for doing so, give a lesser period of written notice under subsection (1); and

            (b)         the requirement to give written notice under subsection (1) does not extend to adjournments.

        (3)         The Board must afford to the parties a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses, and to make submissions to the Board.

        (4)         Each partner in a partnership to whom notice is given under subsection (1)(b) is entitled to appear and be heard in the proceedings.

        (5)         If a party to whom notice has been given under this section does not attend at the time and place fixed by the notice, the Board may proceed to hear and determine the matter in the absence of that party.

        (6)         A person who is aggrieved by the conduct of a person that is the subject-matter of proceedings before the Board under this Part is, subject to any direction of the Board to the contrary, entitled to be present at the hearing of the proceedings.

        (7)         In the course of proceedings before the Board under this Part, the Board may—

            (a)         receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or Territory of Australia or of another country, and draw any conclusions of fact from the evidence that it considers proper;

            (b)         adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings.

        (8)         The Board should conduct proceedings under this Part as expeditiously as possible.



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