Commonwealth Numbered Regulations

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SUMMARY AUTHORITY RULES (SLI NO 196 OF 2008) - RULE 84

Summary authority to deal with reopened summary authority proceedings

         (1)   Reopened proceedings must be dealt with by the original summary authority.

         (2)   If:

                (a)    the original summary authority is a subordinate summary authority; and

               (b)    the summary authority:

                          (i)    is unavailable due to the exigencies of service, death, illness or other exceptional circumstances; or

                         (ii)    is unable to deal with the reopened proceedings within a reasonable time;

the reviewing authority who requested that the relevant proceedings be reopened must refer the proceedings to another subordinate summary authority.

         (3)   If:

                (a)    the original summary authority is a commanding officer; and

               (b)    the summary authority:

                          (i)    is unavailable due to the exigencies of service, death, illness or other exceptional circumstances; or

                         (ii)    is unable to deal with the reopened proceedings within a reasonable time;

the reviewing authority who requested that the relevant proceedings be reopened must refer the proceedings to another commanding officer.

         (4)   If:

                (a)    the original summary authority is a superior summary authority; and

               (b)    the summary authority:

                          (i)    is unavailable due to the exigencies of service, death, illness or other exceptional circumstances; or

                         (ii)    is unable to deal with the reopened proceedings within a reasonable time;

the reviewing authority who requested that the relevant proceedings be reopened must refer the proceedings to another superior summary authority.



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