South Australian Current Acts South Australian Current Acts63—Establishment of validity of claims
(1) Where a claim is
made under this Part, the Society must determine—
(a)
whether the claim is a valid claim; and
(b) the
amount payable under this Part in, or towards, satisfaction of the claim.
(2) The Society must,
by notice in writing, inform the claimant of any determination made by it
under subsection (1).
(3) A notice under
subsection (2) must be served—
(a) on
the claimant or the claimant's personal representative; or
(b)
where the claimant is dead and has not left a personal representative known to
the Society, or where the whereabouts of the claimant is unknown—by
publication in the Gazette.
(4) A claimant who is
aggrieved by a determination of the Society under this section may appeal to
the Supreme Court against the determination.
(5) On an appeal under
subsection (4), the Supreme Court may reverse or vary the determination
of the Society and may make such further orders as it considers just in the
circumstances.
(6) An appeal against
a determination of the Society under this section must be instituted within
three months after the day on which notice of the determination is served
under this section but the Court may, if satisfied that proper cause to do so
exists, dispense with the requirement that the appeal be so instituted.
(7) In any proceedings
under this section, evidence of an admission or confession is admissible to
prove a fiduciary or professional default, notwithstanding that the person by
whom the admission or confession was made is not a party to the proceedings.
(8) If in any
proceedings under this section the Society is satisfied, on the balance of
probabilities, that a fiduciary or professional default has been committed, it
may determine the claim accordingly notwithstanding that the
fiduciary or professional default constitutes a criminal offence and the
evidence would not be sufficient to establish the guilt of a person charged
with that offence.