South Australian Current Acts South Australian Current Acts60—Proceedings of the Board
(1) Subject to this
section, the Board will sit as a full board.
(2) If the presiding
member thinks it necessary or desirable for the purpose of expediting the
determination of proceedings before the Board, the Board may sit in separate
divisions.
(3) A division of the
Board will be constituted as follows:
(a) the
presiding member and two other members of the Board;
(b) the
first deputy presiding member and two other members of the Board;
(c) the
second deputy presiding member and two other members of the Board;
(d)
another member of the Board nominated by the presiding member and 2 other
members of the Board.
(4) Where the Board
sits as a full board, the following provisions apply:
(a)
—
(i)
the presiding member will preside; or
(ii)
if the presiding member is absent—the first deputy
presiding member will preside; or
(iii)
if both the presiding member and the first deputy
presiding member are absent—the second deputy presiding member will
preside; or
(iv)
if none of the members mentioned in the preceding
subparagraphs is present—a member chosen from those members present will
preside; and
(b) five
members constitute a quorum and the Board cannot proceed with the hearing or
determination of any matter unless a quorum is present; and
(c) a
question arising for decision by the Board will be decided by a majority of
the votes cast by the members present; and
(d) each
member present is entitled to one vote and, in the event of an equality of
votes, the person presiding is entitled to a second or casting vote.
(5) Where the Board
sits in separate divisions, the following provisions apply:
(a) the
presiding member, the first or second deputy presiding member, or the member
nominated under subsection (3)(d), will preside at proceedings before the
division of which he or she is a member; and
(b) a
division of the Board cannot proceed with the hearing or determination of any
matter unless all members of the division are present; and
(c) a
decision in which all the members of a division of the Board concur is a
decision of the Board; and
(d) the
divisions of the Board may sit concurrently for the purpose of hearing and
determining separate proceedings.
(6) Where the members
of a division of the Board are unable to concur in a decision in any
proceedings before that division, the person presiding over that division must
refer the proceedings to the Board sitting as a full board for fresh hearing
and determination.
(7) Subject to this
Act, the Board, or a division of the Board, may conduct its proceedings as it
thinks fit.