South Australian Current Acts South Australian Current Acts77H—Board to assist Commissioner
(1) In proceedings for
the review of a reviewable decision, the Board must use its best endeavours to
help the Commissioner so that the Commissioner can make his or her decision on
the review.
(2) Without limiting
subsection (1), the Board must provide the following to the Commissioner
within a period specified by the Commissioner (which must be reasonable):
(a) a
written statement of the reasons for the reviewable decision;
(b) any
document or thing in the Board's possession or control that may be relevant to
the Commissioner's review of the reviewable decision.
(3) The Board 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 reviewable decision.
(4) If the
Commissioner considers that there are additional documents or things in the
Board's possession or control that may be relevant to the Commissioner's
review of the reviewable decision, the Commissioner may, by written notice,
require the Board to provide the documents or things.
(5) If the
Commissioner considers that the statement of reasons given under
subsection (2)(a) is not adequate, the Commissioner may, by written
notice, require the Board to give the Commissioner an additional statement
containing stated further particulars.
(6) The Board 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 Board give the Commissioner 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 Commissioner
may examine any document or thing provided under this section and draw any
conclusions of fact it considers proper.