South Australian Current Acts South Australian Current Acts (1) The
Technical Regulator must conduct proceedings for the determination of a
dispute with a view to ensuring—
(a) a
fair and reasonable exchange of the parties' views; and
(b) the
proper investigation and consideration of all matters relevant to the fair
determination of the dispute; and
(c) the
speedy resolution of the dispute.
(2) The
Technical Regulator—
(a) is
not bound by technicalities, legal forms or rules of evidence; and
(b) may
obtain information on matters relevant to the dispute in any way the
Technical Regulator thinks fit.
(3) The
Technical Regulator may require the presentation of evidence or argument in
writing and may decide matters on which the Technical Regulator will hear oral
evidence or argument.
(4) If the
Technical Regulator decides to hear oral evidence or argument—
(a) the
proceedings must be conducted in public unless—
(i)
both parties agree to have the proceedings (or part of
the proceedings) conducted in private; or
(ii)
the Technical Regulator orders the public to be excluded
from attendance in accordance with subsection (5); and
(b) the
parties may not be represented in the proceedings by lawyers except by leave
of the Technical Regulator.
(5) The Technical
Regulator may order the public to be excluded from attendance at proceedings
in order—
(a) to
consider in confidence information that has commercial value to a person or
relates to the commercial or financial affairs of a person (the
Technical Regulator being satisfied that it is reasonably foreseeable that
public disclosure of the information could cause significant damage to a
person or the interests of a person or confer an unfair commercial or
financial advantage on a person); or
(b) to
ensure that the Technical Regulator does not—
(i)
breach any law, order or direction of a court or tribunal
constituted by law, or other legal obligation or duty; or
(ii)
unreasonably expose himself or herself to any legal
process or liability.
(6) The Technical
Regulator may give directions about who may be present at proceedings during
any period when the public is excluded from attendance having regard to the
wishes of the parties and the need for commercial confidentiality.
(7) A person must
comply with a direction under subsection (6).
Maximum penalty: $10 000.
(8) The
Technical Regulator may—
(a) give
procedural directions;
(b) make
orders requiring—
(i)
the delivery of documents clarifying the issues between
the parties;
(ii)
the discovery and inspection of documents;
(c) sit
at any time or place;
(d)
adjourn the proceedings from time to time and from place to place;
(e)
refer a matter to an expert for report, and accept the expert's report in
evidence;
(f)
appoint a mediator to facilitate resolution of the dispute by conciliation;
(g) fix
and enforce time limits for steps in the proceedings and do anything else
necessary for the expeditious and fair hearing and determination of the
dispute.
(9) The
Technical Regulator may proceed in the absence of a party or on failure by a
party to provide written evidence or argument if the party has been given
notice of the proceedings or of the requirement to provide written evidence or
argument.
(10) The
Technical Regulator may engage or appoint a lawyer to provide advice on the
conduct of the proceedings and assist the Technical Regulator in drafting the
determination.