South Australian Consolidated Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 23

23—Powers of Panel

        (1)         The Panel may, in the performance of its functions—

            (a)         hold hearings and inquiries;

            (b)         receive and consider written submissions;

            (c)         hear and consider other evidence and representations;

            (d)         conduct (or engage a person to conduct) opinion surveys and polls;

            (e)         otherwise inform itself as the Panel thinks fit.

        (2)         A hearing or inquiry should be open to the public unless the Panel is hearing, considering or determining a representation or matter that, in the opinion of the Panel, should be dealt with on a confidential basis.

        (3)         The Panel is not bound by the rules of evidence.

        (4)         The Panel may, for the purposes of its functions—

            (a)         by summons issued by the Panel, require a person's attendance;

            (b)         require a person to answer, orally or in writing, questions to the best of his or her knowledge, information and belief;

            (c)         require a person to verify an answer under paragraph (b) by declaration;

            (d)         require a council or person to produce for examination by the Panel books, papers or other records;

            (e)         retain books, papers or other records produced under paragraph (d) for reasonable periods determined by the Panel and make copies of them or their contents.

        (5)         Subject to subsection (6), a person or council must not refuse or fail to comply with a requirement under subsection (4).

Maximum penalty: $10 000.

        (6)         A person is not obliged to comply with a requirement under subsection (4) if to do so might incriminate the person of an offence, and a person or a council is not required to provide information under subsection (4) that is privileged on the ground of legal professional privilege.

        (7)         A person may appear before the Panel personally or by representative.

        (8)         The Panel should seek to deal with a matter as expeditiously as possible.



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