South Australian Numbered Acts

FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SCHEDULE 1

Schedule 1—Appointment and selection of assessors for District Court proceedings under Part 3

1         The Minister must establish the following panels of persons from which persons are to be selected to sit with the District Court as assessors in any relevant proceedings under Part 3:

            (a)         a panel appointed from persons nominated by the Chief Officer of SAMFS;

            (b)         a panel appointed from officers nominated by UFU;

            (c)         a panel appointed from firefighters nominated by UFU.

2         A member of a panel is to be appointed by the Minister for a term of office not exceeding 3 years and on conditions determined by the Minister and specified in the instrument of appointment.

3         A member of a panel is, on the expiration of a term of office, eligible for reappointment.

4         Subject to clause 5, a Judge of the District Court must select—

            (a)         1 member from the panel made up of persons nominated by the Chief Officer of SAMFS; and

            (b)         —

                  (i)         if the appellant is an officer—1 member from the panel made up of officers nominated by UFU; or

                  (ii)         if the appellant is a firefighter—1 member from the panel made up of firefighters nominated by UFU,

to sit with the District Court in any proceedings where the Court is to sit with assessors.

5         A member of a panel who has a personal or a direct or indirect pecuniary interest in a matter before the District Court is disqualified from participating in the hearing of the matter.

6         If an assessor dies or is for any reason unable to continue with any proceedings, the District Court constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings.