South Australian Numbered Acts

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SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 (NO 59 OF 2013) - SECT 43

43—Practice and procedure generally

        (1)         The Tribunal is to take measures that are reasonably practicable—

            (a)         to ensure that the parties to any proceedings have a reasonable opportunity to understand the nature of the matter under consideration; and

            (b)         to ensure that the parties to any proceedings understand the nature of any assertions made in the proceedings and the legal implications of those assertions; and

            (c)         to explain to the parties, if requested to do so, any aspect of the procedure of the Tribunal, or any decision or ruling made by the Tribunal; and

            (d)         to ensure that the parties have the opportunity in any proceedings to be heard or otherwise have their submissions received.

        (2)         The Tribunal

            (a)         is to take all practicable steps to ensure that all relevant material is disclosed to the Tribunal so as to enable it to determine all the relevant facts in issue in any proceedings; and

            (b)         may require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument; and

            (c)         may limit the time available for presenting the respective cases of parties before it at a hearing to an extent that it considers would not impede the fair and adequate presentation of the cases; and

            (d)         may require a document to be served outside the State; and

            (e)         may adjourn any proceedings at any time and to any place (including for the purpose of enabling the parties to negotiate a settlement or for the purpose of reconsideration of a decision by the decision-maker).

        (3)         To the extent that the practice or procedure of the Tribunal is not prescribed by or under this Act or a relevant Act, it is to be as the Tribunal determines.



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