South Australian Consolidated Acts South Australian Consolidated Acts67—Appeal from decisions of Board
(a) the
applicant in proceedings before the Board (whether under this Act, the
Mental Health Act 1993 or any other Act); or
(b) the
person to whom those proceedings relate; or
(c)
the Public Advocate; or
(d) any
person who gave evidence before or made submissions to the Board in those
proceedings; or
(e) any
other person who satisfies the Board or the ADD that he or she has a proper
interest in the matter,
is dissatisfied with a decision, direction or order of the Board made in those
proceedings, he or she may—
(f) in
the case of a decision or order for or affirming the detention of a person or
relating to the giving of consent to a sterilisation or a termination of
pregnancy—appeal to the ADD against the decision or order;
(g) in
any other case—with the permission of the Board or the ADD, appeal to
the ADD against the decision, direction or order.
(2) Notwithstanding
subsection (1), a right of appeal does not lie against—
(a) a
decision of the Board not to authorise publication of a report of proceedings
before the Board; or
(b) a
decision or order made by the Registrar in exercising the jurisdiction of the
Board.
(3) An application for
permission to appeal under this section must be instituted—
(a)
within 28 days of the making of the decision, direction or order the subject
of the application; or
(b)
within 28 days of being furnished, pursuant to a request made within seven
days of the making of the decision, direction or order, with the reasons for
the decision, direction or order; or
(c)
within seven days of permission to appeal being refused by the Board,
whichever is the later.
(4) An appeal against
an order of the Board for or affirming the detention of a person or relating
to the giving of consent to a sterilisation must be instituted—
(a)
within 28 days of the making of the order; or
(b)
within 28 days of being furnished, pursuant to a request made within seven
days of the making of the order, with the reasons for the order,
whichever is the later.
(5) An appeal against
a decision or order of the Board made on an application for the Board's
consent to a termination of pregnancy must be instituted within two working
days of the decision or order being made.
(7) The ADD must
notify the Board of the lodging of an application for permission to appeal or
of the institution of an appeal to the ADD and the Board must then furnish the
ADD with—
(a) such
records or transcripts of evidence given in the original proceedings as the
Board may have; and
(b)
copies of any written submissions made to the Board or reports furnished to
the Board in the proceedings; and
(c) a
copy of the Board's reasons for the decision, direction or order appealed
against.
(8) The ADD must hear
and determine proceedings under this section as expeditiously as is reasonably
practicable and must give priority to hearing and determining appeals against
decisions or orders relating to an application for consent to a termination of
pregnancy or relating to the detention of any person.
(9) The
person to whom the proceedings relate is (if he or she is not the appellant) a
party to the proceedings.
(10) Subject to
subsection (11), the ADD must give the parties to proceedings reasonable
notice of the time and place of the hearing of the proceedings.
(11) The ADD is not
obliged to give notice of proceedings to a party whose whereabouts cannot,
after reasonable enquiry, be ascertained.
(12) A party is
entitled to appear before the ADD—
(a)
personally or by counsel; or
(b) with
the permission of the ADD, by any other representative.
(13) Subject to
subsection (14), hearings before the ADD are open hearings.
(14) In any
proceedings before the ADD, the ADD has an absolute discretion—
(a) to
direct that no person other than—
(i)
the parties to the proceedings and any person
representing them in the proceedings; and
(ii)
witnesses (while giving evidence); and
(iii)
officers of the ADD,
be present in the room while the proceedings are being heard; and
(b) to
direct that a particular person (not being a person referred to in
paragraph (a)) not be present in the room while the proceedings are being
heard.
(15) The ADD may make
a determination in any proceedings in the absence of a party to the
proceedings if satisfied that the party was given reasonable opportunity to
appear but failed to do so.
(15a) The ADD may make
an order for costs against a party in accordance with a prescribed scale, but
only if the ADD is satisfied that the institution of the proceedings, or the
party's conduct in relation to the proceedings, was frivolous, vexatious or
calculated to cause delay.
(16) On the conclusion
of proceedings the ADD must furnish the parties and the Board with a written
statement of the reasons for its decision.