South Australian Numbered Acts South Australian Numbered Acts35—Powers of Board in relation to witnesses etc
(1) For the purposes of proceedings before the Board (whether such proceedings are disciplinary proceedings or otherwise), the Board may—
(a) by summons signed on behalf of the Board by a member of the Board or the relevant Registrar, require the attendance before the Board of a person whom the Board thinks fit to call before it; or
(b) by summons signed on behalf of the Board by a member of the Board or the relevant Registrar, require the production of relevant documents, records or equipment and, in the case of a document or record that is not in the English language—
(i) a written translation of the document or record into English; and
(ii) a certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record; or
(c) inspect documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or
(d) require a person to make an oath or affirmation (which may be administered by a member of the Board) to answer truthfully questions put by a member of the Board or a person appearing before the Board; or
(e) require a person appearing before the Board (whether summoned to appear or not) to answer questions put by a member of the Board or by a person appearing before the Board.
(2) On the receipt of an application for the issue of a summons under this section, a member of the Board or the relevant Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board.
(3) A person who—
(a) fails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Board; or
(b) having been served with a summons to produce—
(i) a written translation of the document or record into English; and
(ii) a certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record,
fails, without reasonable excuse, to comply with the summons; or
(c) refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Board,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
(4) A person who appears as a witness before the Board has the same protection as a witness in proceedings before the Supreme Court.
(5) In the course of proceedings before the Board (whether such proceedings are disciplinary proceedings or otherwise), 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 a Territory of Australia or of another country, and draw any conclusions of fact from the evidence that it considers proper; and
(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.