Police (Complaints and Disciplinary Proceedings) Act 1985 (SA)

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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…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.