South Australia
Police (Complaints and Disciplinary Proceedings) Act 1985
An Act to provide for the investigation of complaints made in respect of police officers, protective security officers and certain other persons; to provide for the appointment of a Police Ombudsman and to prescribe his or her duties and functions; to make provision in relation to disciplinary proceedings; and for other purposes.
Contents
Part 1—Preliminary
1Short title
3Interpretation
4Act not to derogate from other law
Part 2—Police Ombudsman
5Appointment of Police Ombudsman
6Ombudsman not to engage in other remunerative employment
7Term of office
8Removal from office
9Staff of Ombudsman
11Acting Ombudsman
11ADelegation by Ombudsman
12Protection for Ombudsman and person acting under direction
Part 3—Internal Investigation Section
13Constitution of Internal Investigation Section
14Officer in charge entitled to report directly to Commissioner
15Duties of police officers serving in IIS
Part 4—Complaints and investigations
16Complaints to which this Act applies
17Right of persons detained in custody to make complaint to Ombudsman
18Action on complaint being made to designated officer
19Action on complaint being made to Ombudsman
20Ombudsman to notify complainant of receipt of complaint
21Determination by Ombudsman that investigation not warranted
21ADetermination by Ombudsman to resolve complaint informally
22Conciliation
22AOmbudsman may initiate investigation
23Determination that matter be investigated by Ombudsman
24Effect of certain determinations of Ombudsman
25Investigations by IIS
26Powers of Ombudsman to oversee investigations by IIS
28Investigation of matters by Ombudsman
28AObstruction
29Register to be kept by Ombudsman
30Ombudsman to respond to inquiries by complainants
Part 5—Action consequential on investigation
31Reports of investigations by IIS to be furnished to Ombudsman
32Ombudsman to make assessment and recommendations in relation to investigations by IIS
33Ombudsman to report on and make assessment and recommendations in relation to investigations carried out by Ombudsman
34Recommendations of Ombudsman and consequential action by Commissioner
35Commissioner to notify Ombudsman of laying of charges or other action consequential on investigation
36Dealing with particulars about matter under investigation
Part 6—Tribunals
Division 1—Constitution of Police Disciplinary Tribunal
37Constitution of Police Disciplinary Tribunal
Division 2—Constitution of Protective Security Officers Disciplinary Tribunal
37AConstitution of Protective Security Officers Disciplinary Tribunal
Division 3—Registrar and deputy registrar
38Registrar and deputy registrar
Division 4—Charges in respect of breach of discipline
39Charges in respect of breach of discipline
Division 5—General provisions relating to proceedings, powers etc of both Tribunals
39AApplication and interpretation
40Proceedings
41Powers
42Protection of Tribunal, counsel and witnesses
43Reference of question of law
44Costs
45Reasons for decision
Part 7—Appeals in respect of discipline
46Appeals in respect of discipline
Part 8—Miscellaneous
47Application to Supreme Court as to powers and duties under Act
48Secrecy
49Offences in relation to complaints
50Ombudsman may revoke or vary determinations, assessments etc
51Ombudsman and Commissioner may report to Ministers
52Annual and special reports to Parliament by Ombudsman
55Regulations
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Police (Complaints and Disciplinary Proceedings) Act 1985.
3—Interpretation
(1)In this Act, unless the contrary intention appears—
breach of discipline means a breach that may be the…