South Australian Current Acts

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CORRECTIONAL SERVICES ACT 1982 - SECT 41

41—Powers of Visiting Tribunals

        (1)         For the purposes of a hearing under this Division a Visiting Tribunal may—

            (a)         by summons signed by the Visiting Tribunal, require the attendance before the Visiting Tribunal of any person whom the Visiting Tribunal thinks fit to call before it; or

            (b)         by summons signed by the Visiting Tribunal, require the production of any books, papers or documents; or

            (c)         inspect any books, papers or documents produced before it, retain them for such reasonable period as it thinks fit, and make copies of any of them, or of any of their contents; or

            (d)         require any person to make an oath or affirmation that the person will answer truthfully all questions put by the Visiting Tribunal, or by any person appearing before the Visiting Tribunal, relevant to any matter being inquired into by the Visiting Tribunal (which oath or affirmation may be administered by the Visiting Tribunal); or

            (e)         require any person appearing before the Visiting Tribunal (whether summoned to appear or not) to answer any relevant question put by the Visiting Tribunal or by any other person appearing before the Visiting Tribunal.

        (2)         Subject to subsection (3), a person who—

            (a)         having been duly served with a summons, fails, without reasonable excuse, to attend before the Visiting Tribunal, or to produce any books, papers or documents, as required by the summons; or

            (b)         misbehaves before a Visiting Tribunal, wilfully insults a Visiting Tribunal or interrupts the proceedings of a Visiting Tribunal; or

            (c)         refuses to be sworn, to affirm or to answer a relevant question when required to do so by a Visiting Tribunal,

is guilty of an offence.

Maximum penalty: $7 500 or imprisonment for 3 months.

        (3)         A person is not required to answer a question put pursuant to this section if the answer would tend to incriminate the person.



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