South Australian Numbered Acts

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GUARDIANSHIP AND ADMINISTRATION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 73 OF 2005) - SECT 7

7—Amendment of section 12—Decisions of Board

Section 12(1) and (2)—delete subsections (1) and (2) and substitute:

        (1)         In proceedings before the Board under this Act or any other Act—

            (a)         if the Board is constituted of 2 or more members (1 of whom is the President or a Deputy President)—

                  (i)         the President or Deputy President will preside; and

                  (ii)         any question of law or procedure will be determined by the President or Deputy President; and

                  (iii)         any other question will be determined by unanimous or majority decision of the members;

            (b)         if the Board is constituted of 2 or more panel members—

                  (i)         the President or a Deputy President will nominate 1 of the members to preside; and

                  (ii)         any question of law that arises must be referred to the President or a Deputy President for decision (and a decision made on the reference is a decision of the Board); and

                  (iii)         any other question will be determined by unanimous or majority decision of the members;

            (c)         if the Board is constituted of a panel member sitting alone—any question of law that arises must be referred to the President or a Deputy President for decision (and a decision made on the reference is a decision of the Board).

        (2)         If the Board when constituted of 2 or more members is unable to reach a decision on a question (other than a question of law or procedure) before the Board, the decision of the presiding member will prevail as the decision of the Board.



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