South Australian Numbered Acts

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SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 (NO 59 OF 2013) - SECT 35

35—Decision-maker must assist Tribunal

        (1)         In proceedings for the review of a reviewable decision, the decision-maker for the reviewable decision must use his or her best endeavours to help the Tribunal so that it can make its decision on the review.

        (2)         Without limiting subsection (1), the decision-maker must provide the following to the Tribunal within a reasonable period and in any event within the time prescribed by the regulations:

            (a)         a written statement of the reasons for the decision;

            (b)         any document or thing in the decision-maker's possession or control that may be relevant to the Tribunal's review of the decision.

        (3)         The decision-maker must, in providing any document or thing under subsection (2), take reasonable steps to identify the documents or things that were taken into account in making the relevant decision.

        (4)         If the Tribunal considers that there are additional documents or things in the decision-maker's possession or control that may be relevant to the Tribunal's review of the reviewable decision, the Tribunal may, by written notice, require the decision-maker to provide the documents or things.

        (5)         If the Tribunal considers the statement of reasons given under subsection (2)(a) is not adequate, the Tribunal may, by written notice, require the decision-maker to give the Tribunal an additional statement containing stated further particulars.

        (6)         The decision-maker must comply with a notice given under subsection (4) or (5) within the period stated in the notice.

        (7)         A requirement under this section that the decision-maker give the Tribunal information or a document or thing applies despite any provision in another Act prohibiting or restricting the disclosure of the information or the information contained in the document or thing.

        (8)         The Tribunal may examine any document or thing provided under this section and draw any conclusions of fact it considers proper.



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