South Australian Numbered Acts

SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL ACT 2014 (NO 17 OF 2014) - SECT 33

33—Power to require person to give evidence or to produce evidentiary material

        (1)         The Tribunal may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Tribunal at a specified time and place to give evidence or to produce evidentiary material (or both).

        (2)         A summons to produce evidentiary material may, instead of providing for production of the material before the Tribunal, provide for production of the material to an officer of the Tribunal, or to any person nominated in the summons.

        (3)         The Tribunal may—

            (a)         retain any document, object or substance produced before it for such reasonable period as it thinks fit, and make copies of any document; and

            (b)         require a person to make an oath or affirmation (which may be administered by any member or officer of the Tribunal) to answer truthfully questions put by any member of the Tribunal or any person appearing before the Tribunal; and

            (c)         require any person to answer any questions put by any member of the Tribunal or any person appearing before the Tribunal that are determined by the Tribunal to be relevant to the proceedings before the Tribunal.

        (4)         A person who is called to give evidence or to produce evidentiary material before the Tribunal and—

            (a)         refuses or fails to make an oath or affirmation when required to do so under this section; or

            (b)         refuses or fails without reasonable excuse to produce evidentiary material that the person is required by the Tribunal to produce; or

            (c)         refuses or fails without reasonable excuse to appear before the Tribunal in response to a summons; or

            (d)         refuses or fails without reasonable excuse to give evidence before the Tribunal or otherwise refuses or fails without reasonable excuse to answer any question put in proceedings before the Tribunal or otherwise required under this Act; or

            (e)         gives false or misleading evidence to the Tribunal; or

            (f)         misbehaves before the Tribunal, wilfully insults the Tribunal or 1 or more members or officers of the Tribunal in the exercise of official duties, or wilfully interrupts the proceedings of the Tribunal,

is guilty of an offence.

Maximum penalty: $25 000 or imprisonment for 1 year.

        (5)         A summons under this section may be issued on behalf of the Tribunal by—

            (a)         any member of the Tribunal; or

            (b)         a registrar; or

            (c)         any other officer authorised under the rules or by the President of the Tribunal to issue such summonses.