South Australian Consolidated Acts South Australian Consolidated Acts38—Disciplinary powers of Court
(1) The
Surveyor-General, the Institution of Surveyors or any other person may lodge
with the Court a complaint setting out matters that are alleged to constitute
grounds for disciplinary action under this Division.
(2) On the lodging of
a complaint under this Act, the Court may conduct a hearing for the purpose of
determining whether the matters alleged in the complaint constitute grounds
for disciplinary action under this Part.
(3) Without limiting
the usual powers of the Court, the Court may during the hearing—
(a)
allow an adjournment to enable the Surveyor-General or the Institution
of Surveyors to investigate or further investigate matters to which the
complaint relates; and
(b)
allow the modification of the complaint or additional allegations to be
included in the complaint subject to any conditions as to adjournment and
notice to parties and other conditions that the Court may think fit to impose.
(6) If, after
conducting a hearing under this section, the Court is satisfied that proper
cause exists for disciplinary action against the respondent, it may exercise
any one or more of the following powers:
(a) it
may reprimand the respondent;
(b) it
may impose a fine not exceeding a division 5 fine on the respondent;
(c) it
may impose conditions on the respondent's licence or registration restricting
the right of the respondent to practise surveying;
(d) it
may suspend the respondent's licence or registration for a specified period,
until fulfilment of stipulated conditions or until further order;
(e) it
may cancel the respondent's licence or registration;
(f) it
may disqualify the respondent from being licensed or registered under this Act
permanently, for a specified period, until fulfilment of stipulated conditions
or until further order;
(g) it
may prohibit the respondent from carrying on business as a
surveying services provider;
(h) it
may prohibit the respondent from occupying a position of authority in a
trust or corporate entity that is a surveying services provider.
(7) A person who has
been convicted of, or has expiated, an offence is not liable to a fine under
this section in respect of the act or activity comprising the offence.
(8) If the Court takes
disciplinary action against the respondent, it may stipulate that the action
is to have effect at a future time specified by the Court.
(9) The Court may, on
application by a surveyor, vary or revoke a condition imposed under this
section.