South Australian Consolidated Acts

FAMILY AND COMMUNITY SERVICES ACT 1972 - SECT 149

149—Complaints

        (1)         Where a complaint is made under this Act and unless express provision is otherwise made by this Act, a justice—

            (a)         may issue a summons addressed to the defendant commanding the defendant to attend the court upon the hearing of the complaint; or

            (b)         if satisfied by oath that the whereabouts of the defendant is unknown to the complainant or that the defendant has moved or is about to move out of the State or to a distant part of the State, may issue a warrant for the apprehension of the defendant and for bringing the defendant before a court pursuant to this Act.

        (2)         Two or more complaints made against a defendant by a complainant, whether on the complainant's own behalf, on behalf of other persons or both on the complainant's own behalf and on the behalf of other persons, may be joined in the one form of complaint.

        (3)         Where two or more complaints are joined in the one form of complaint—

            (a)         one summons or warrant may be issued in respect of those complaints; and

            (b)         those complaints will, unless the court otherwise orders, be heard and determined by the court at the same time; and

            (c)         the court may make one order in respect of those complaints but the order will be taken to be a separate order in respect of each of the complaints in respect of which it was made.

        (4)         Where complaints for maintenance of a child are made against a number of different persons, the complaints may, if the court thinks fit, be heard and determined by the court at the same time.