South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 77K

77K—Powers and procedures of Commissioner

        (1)         The Commissioner may, for the purposes of proceedings before the Commissioner—

            (a)         by summons signed by the Commissioner, require the attendance of a person before the Commissioner; or

            (b)         by summons signed by the Commissioner, require a person to produce any relevant documents; or

            (c)         require a person to furnish the Commissioner with a written report or information in relation to any aspect of a matter before the Commissioner; or

            (d)         require a person to make an oath or affirmation to answer truly any questions put by the Commissioner, or a person appearing before the Commissioner, that are relevant to any matter before the Commissioner; or

            (e)         require any written report or information to be verified by statutory declaration.

        (2)         A person who—

            (a)         having been served with a summons, fails, without reasonable excuse, to attend, or to produce documents, as required by the summons; or

            (b)         misbehaves before the Commissioner, wilfully insults the Commissioner, or interrupts proceedings before the Commissioner; or

            (c)         refuses, when required to do so by the Commissioner, to be sworn or to affirm, or to answer any relevant question that the person would be compellable to answer before a court,

is guilty of an offence.

Maximum penalty: $10 000.

        (3)         The Commissioner cannot allow intervention in proceedings before the Commissioner by a person who is not a party to the proceedings, other than a person who has a right to appear and be heard in the proceedings under section 77I (an "interested person").

        (4)         The Commissioner must give the parties and any interested person who has given written notice of an intention to appear in proceedings reasonable notice of the time and place of the proceedings.

        (5)         The Commissioner may make a determination in any proceedings in the absence of a party to the proceedings or an interested person who has given notice under subsection (4) if satisfied that the party or person (as the case requires) was given reasonable opportunity to appear but failed to do so.

        (6)         If proceedings on a review are part-heard when a person ceases to hold office as a Commissioner, the person may continue to act in the office of Commissioner for the purpose of completing the review.