South Australian Numbered Acts South Australian Numbered Acts45—The South Australian Metropolitan Fire Service Disciplinary Committee
(1) The South
Australian Metropolitan Fire Service Disciplinary Committee continues in
existence.
(2) The Committee will
consist of the following members appointed by the Governor:
(a) a
legal practitioner of not less than 7 years standing who will be the presiding
member and will be appointed on the nomination of the Minister;
(b) an
officer appointed on the nomination of the Chief Officer of SAMFS;
(c) an
officer appointed on the nomination of UFU;
(d) a
firefighter appointed on the nomination of UFU.
(3) The Minister must
consult the Chief Officer and UFU before nominating the presiding officer.
(4) For the purpose of
hearing a complaint against a member of SAMFS the Committee will be
constituted of—
(a) the
presiding member; and
(b) the
member nominated by the Chief Officer; and
(c)
—
(i)
if the person whose conduct is the subject of the
complaint is an officer—the officer nominated by UFU; or
(ii)
if the person whose conduct is the subject of the
complaint is a firefighter—the firefighter nominated by UFU.
(5) A question arising
before the Committee will be determined in accordance with the opinion of a
majority of the members constituting the Committee.
(6) A person against
whom a complaint has been made by the Chief Officer to the Committee may, if
he or she wishes, be represented before the Committee by a member of the
industrial association to which he or she belongs or, with approval of the
Committee, by a legal practitioner.
(7) If the person
against whom a complaint has been made by the Chief Officer to the Committee
is represented before the Committee by a legal practitioner, the Chief Officer
may be represented in those proceedings by a legal practitioner but otherwise
the Chief Officer will be represented by an officer of SAMFS.
(8) The Committee may
order SAMFS to pay such allowances and expenses as the Committee thinks fit to
a person (other than a person who is a party to proceedings before the
Committee) who has attended and given evidence in proceedings before the
Committee and the amount ordered to be paid may be recovered from SAMFS as a
debt.
(9) A member of the
Committee shall be entitled to such remuneration, allowances and expenses as
are determined by the Governor.
Subdivision 2—Disciplinary proceedings