Health Practitioner Regulation National Law (South Australia) Act 2010

In connection with the issuing of a summons under section 40 of the South

Australian Civil and Administrative Tribunal Act 2013, if a person summoned by the Tribunal for the purposes of proceedings under this Act—

fails to produce evidentiary material as required by the summons; or

fails to appear before the Tribunal as required by the summons; or

having appeared, refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Tribunal, a certificate of the failure or refusal, signed by the relevant authority, may be filed in the Supreme Court.

If a certificate has been filed under subsection (1), a party or, in the case of a summons issued by the Tribunal on its own initiative, the Registrar of the Tribunal, may apply to the

Supreme Court for an order directing the person summoned by the

Tribunal—

to produce the evidentiary material; or

to appear, or be sworn or affirm, or answer questions, before the

Tribunal, (as the case may require) and on that application the Court may make such orders as it thinks fit (including orders for costs).

The

Supreme Court may require that notice be given of an application under subsection (2) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application).