South Australian Current Acts South Australian Current Acts135—Time and place of examination
(1) The examination of
a person subject to an examination order must be conducted—
(a) at
the time and place specified in the examination notice; or
(b) at
such other time and place as the DPP decides on the request of—
(i)
the person being examined, or the legal practitioner
representing the person; or
(ii)
a person who is entitled to be present during an
examination because of a direction under section 137(2).
(2) If a person who is
required by an examination notice to attend an examination refuses or fails to
attend the examination at the time and place required in accordance with
subsection (1), the DPP may apply to the Magistrates Court for the issue
of a warrant to have the person arrested and brought before the DPP for the
purpose of conducting the examination.
(3) An examination of
a person subject to an examination order may be conducted by video link or
telephone in a manner determined by the DPP.
(4) If, after the
examination notice is given—
(a) an
application has been made under section 43 for the restraining order to
which the notice relates to be revoked; and
(b) the
court to which the application is made orders that examinations are not to
proceed,
the DPP must—
(c) give
the person a written notice withdrawing the examination notice; and
(d) if
the examination of the person has started but not finished—stop the
examination.
(5) Nothing in this
section prevents the DPP giving the person a further examination notice if the
application for revocation of the restraining order is unsuccessful.
(6) The fact that
criminal proceedings have been commenced (whether or not under this Act) does
not prevent the examination of a person.