Subdiv 4Board's procedures

Subdivision 4—Board's procedures 33—Board's procedures (1) Subject to this Act, a quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1. (2) At least 1 member of the Board appointed in accordance with each of paragraphs (c), (d) and (e) of section 22 must be present at any meeting of the Board. (3) A meeting of the Board will be chaired by the presiding member or, in his or her absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Board must choose 1 of their number to preside at the meeting. (4) A decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board. (5) Each member present at a meeting of the Board has 1 vote on any question arising for decision. (6) A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (7) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and (b) a majority of the members express concurrence in the proposed resolution by letter, telegram, telex, fax, email or other written communication setting out the terms of the resolution. (8) The Board must have accurate minutes kept of its meetings. (9) Subject to this Act, the Board may determine its own procedures. 34—Conflict of interest etc under Public Sector (Honesty and Accountability) Act 1995 A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with persons involved in the provision of education services or early childhood services generally, or a substantial section of persons involved in the provision of education services or early childhood services. The Public Sector (Honesty and Accountability) Act 1995 imposes duties of honesty and accountability on public sector office holders, including members of the Board. 35—Powers of Board in relation to witnesses etc (1) For the purposes of proceedings before the Board (whether such proceedings are disciplinary proceedings or otherwise), the Board may— (a) by summons signed on behalf of the Board by a member of the Board or the relevant Registrar, require the attendance before the Board of a person whom the Board thinks fit to call before it; or (b) by summons signed on behalf of the Board by a member of the Board or the relevant Registrar, require the production of relevant documents, records or equipment and, in the case of a document or record that is not in the English language— (i) a written translation of the document or record into English; and (ii) a certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record; or (c) inspect documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or (d) require a person to make an oath or affirmation (which may be administered by a member of the Board) to answer truthfully questions put by a member of the Board or a person appearing before the Board; or (e) require a person appearing before the Board (whether summoned to appear or not) to answer questions put by a member of the Board or by a person appearing before the Board. (2) On the receipt of an application for the issue of a summons under this section, a member of the Board or the relevant Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board. (3) A person who— (a) fails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Board; or (b) having been served with a summons to produce— (i) a written translation of the document or record into English; and (ii) a certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record, fails, without reasonable excuse, to comply with the summons; or (c) refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Board, Maximum penalty: $10 000 or imprisonment for 6 months. (4) A person who appears as a witness before the Board has the same protection as a witness in proceedings before the Supreme Court. (5) In the course of proceedings before the Board (whether such proceedings are disciplinary proceedings or otherwise), the Board may— (a) receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or a Territory of Australia or of another country, and draw any conclusions of fact from the evidence that it considers proper; and (b) adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings. 36—Principles governing proceedings (1) In proceedings before the Board, the Board— (a) is not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and (b) must act according to the principles of natural justice and ensure procedural fairness; and (c) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. (2) In proceedings before the Board, the Board must keep the parties to the proceedings properly informed as to the progress and outcome of the proceedings. 37—Representation at proceedings before Board (1) A party to proceedings before the Board is entitled to be represented at the hearing of those proceedings. (2) The Board may be assisted by legal counsel at the hearing of proceedings. 38—Costs (1) The Board may award such costs against a party to proceedings before it as the Board considers just and reasonable. (2) A party who is dissatisfied with the amount of the costs awarded by the Board may request a Master of the District Court to tax the costs and, after taxing the costs, the Master may confirm or vary the amount of the costs awarded by the Board. (3) Costs awarded by the Board under this section may be recovered as a debt.