Police Regulations 2014 (SA)

South Australia

Police Regulations 2014

under the Police Act 1998

Part 1Preliminary1Short title

These regulations may be cited as the Police Regulations 2014.

3Interpretation

In these regulations, unless the contrary intention appears—
Act means the Police Act 1998;
approved means approved by the Commissioner by general or special order under section 11 of the Act;
department means the administrative unit of the Public Service of which the Commissioner is chief executive, or in relation to which the Commissioner has the powers and functions of chief executive, under the Public Sector Act 2009;
employee means a member of SA Police or police cadet;
employee in the department means—
(a)
a member of SA Police; or
(b)
a police cadet, police medical officer or special constable; or
(ba)
a police security officer; or
(c)
a person employed in or performing duties or functions in the department;
previous regulations means—
(a)
the Police Regulations 1999 (see Gazette 30.6.1999 p3312) (disallowed); or
(b)
the regulations revoked by these regulations; or
(c)
any regulations made and revoked under the Police Act 1952;
service does not include leave without pay unless otherwise ordered by the Commissioner.

Part 2Command and structure of SA Police4Ranks

The ranks of officers and other members of SA Police in order of seniority (starting with the highest rank) are as follows:
(a)
Commissioner;
(b)
Deputy Commissioner;
(c)
Assistant Commissioner;
(d)
Commander;
(e)
Chief Superintendent;
(f)
Superintendent;
(g)
Chief Inspector;
(h)
Inspector;
(i)
Senior Sergeant;
(j)
Sergeant;
(k)
Senior Constable First Class;
(l)
Senior Constable;
(m)
Constable.

5Relative seniority

Except as otherwise provided in these regulations, the relative seniority of members of SA Police will be determined as follows:
(a)
as between 2 members holding different ranks—the senior member is the member who holds the higher rank;
(b)
as between 2 members holding the same rank—the senior member is the member who has been holding the rank continuously for the longer period of time;
(c)
as between 2 members holding the same rank who have held the rank for the same period of time—the senior member is the member who, by general or special order of the Commissioner, is the senior member.

6Responsibility when members are on duty together

(1)
If 2 or more members of SA Police are engaged on duty together—
1. (a)
  the senior member is responsible for the performance of the duty; and
2. (b)
  the junior member, regardless of the part of SA Police in which the member is serving, must comply with the orders given by the senior member.
(2)
For the purposes of subregulation (1), if a community constable is engaged on duty with a member of SA Police who is not a community constable, that other member is the senior and the community constable is the junior.
(3)
Despite subregulation (1)—
1. (a)
  if the Commissioner by general or special order, or any officer by order, directs that a specified member of SA Police is responsible for the performance of a particular duty, the other members of SA Police engaged on the duty, whether senior to the specified member or not, must comply with orders given by the member for the performance of the duty; and
2. (b)
  if a member of SA Police is, in accordance with these regulations, transferred to a position of a lower rank without loss of rank or seniority, the member must comply with the orders of such other members, whether junior to the member or not, as the Commissioner may direct for the performance of the duties of the position.
(4)
A direction by an officer under subregulation (3)(a) may only be given in relation to, and is only binding on, a member of SA Police who is under the officer's direction and superintendence.

7Responsibility of members on duty with other department employees

If the Commissioner by general or special order directs that a specified employee in the department who is not a member of SA Police is responsible for the performance of a particular duty, all members of SA Police engaged on that duty must (subject to any general or special order of the Commissioner) comply with the orders given by that person for the performance of that duty.

Part 3Initial appointments

8Selection processes and requirements for initial appointment

(1)
An application for initial appointment as an employee or police medical officer must be made in a manner approved by the Commissioner.
(2)
Applications for initial appointment as an employee or police medical officer will be assessed, and selections for appointment made—
(a)
in such manner; and
(b)
according to such standards relating to physical and other requirements genuinely and reasonably required for that employment,
as may be approved by the Commissioner.
(3)
Despite subregulation (2)(b), the Commissioner may determine that any standards do not apply, or apply with such modifications as are specified by the Commissioner, to a particular applicant or position, or an applicant or position of a specified class.
(4)
The Commissioner may appoint a selection panel to advise the Commissioner on the suitability, or relative suitability, of applicants.
(5)
An applicant must, if required, attend for an interview before such a selection panel.
(6)
This regulation does not apply to an appointment to a position in SA Police of or above the rank of senior constable.

9Appointment to certain ranks for specified term under section 23

Pursuant to section 23(2)(b) of the Act, a person who is not a member of SA Police may be appointed under section 23 to a position in SA Police of or above the rank of senior constable for a term specified under that section if applications for the position have been called for and an advisory committee formed to consider those applications has determined that there are no suitable applicants.

Part 4Duties10Duties of all members of SA Police

Every member of SA Police must use all lawful means in his or her power—
(a)
to uphold the law, preserve the peace, prevent crime and carry out the other functions of SA Police; and
(b)
to ensure that all employees under his or her command perform their duties efficiently and in a proper manner.

Part 7Drug and alcohol testingDivision 1Preliminary29Interpretation

(1)
In this Part, unless the contrary intention appears—
analyst means—
(a)
a person appointed by the Minister as an analyst for the purposes of Part 6 Division 2 of the Act; or
(b)
a person holding an office of a class approved by the Minister for the purposes of Part 6 Division 2 of the Act;
approved blood test kit means a kit of a kind declared under the Road Traffic Act 1961 to be an approved blood test kit;
authorised member of SA Police—see regulation 30(2);
blood test information sheet means an information sheet in an approved form that sets out, for the benefit of sample collectors, the procedures prescribed under regulation 39;
high risk driving—see section 41B(2)(b) of the Act;
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
observer means a member of SA Police who performs the functions conferred on an observer under this Part in relation to the taking of a sample of blood;
prescribed concentration of alcohol means a concentration of 0.02 grams or more of alcohol in 100 millilitres of blood;
prescribed drug means—
(a)
cocaine;
(b)
delta‑9‑tetrahydrocannabinol;
(c)
diacetylmorphine;
(d)
methylamphetamine;
(e)
3, 4‑methylenedioxymethamphetamine (MDMA);
registered nurse means a person registered under the Health Practitioner Regulation National Law—
(a)
to practise in the nursing and midwifery profession as a nurse (other than as a student); and
(b)
in the registered nurses division of that profession;
sample collector means—
(a)
in the case of a sample of blood—a medical practitioner or registered nurse; and
(b)
in the case of a sample of oral fluid or urine—an authorised member;
test subject means—
(a)
a member of SA Police, a police cadet or a police security officer required to undergo drug and alcohol testing under section 41B of the Act; or
(b)
an applicant to whom section 41C(1) of the Act applies required to undergo drug and alcohol testing;
urine screening test means a test of a kind approved by the Commissioner under regulation 30 for the conduct of urine screening tests.
(2)
For the purposes of this Part, a reference to a document being in an approved form means in a form approved by the Commissioner under regulation 30.

29AApproval of apparatus for conduct of drug screening tests

The following apparatus is approved for the conduct of drug screening tests:
Securetec Drugwipe S

30Commissioner may give approvals and authorisations for purposes of this Part

(1)
The Commissioner may give such approvals as are necessary or contemplated for the purposes of this Part, including (for example) approving certificates and other forms, tests for the conduct of urine screening and courses of training.
(2)
Subject to subregulation (3), the Commissioner may, for the purposes of Part 6 Division 2 of the Act, authorise a member of SA Police to do any or all of the following:
1. (a)
  to operate breath analysing instruments;
2. (b)
  to conduct drug screening tests;
3. (c)
  to take oral fluid samples;
4. (d)
  to take urine samples.
(3)
The Commissioner may not authorise a member of SA Police to take oral fluid or urine samples, or to conduct breath analyses or drug screening tests, unless the Commissioner is satisfied that the member has completed to a satisfactory level a course of training approved by the Commissioner.

Division 2Drug testing31General requirements

(1)
If a test subject (other than a person to whom section 41C(1) of the Act applies) has been required to submit to drug testing under Part 6 Division 2 of the Act—
(a)
any drug screening test may not be commenced more than 8 hours after the subject has come off duty or more than 8 hours following a critical incident or high risk driving occurrence (as the case may be); and
(b)
any biological sample that is required to be taken from the test subject must not be taken more than 8 hours after the subject has come off duty or more than 8 hours following a critical incident or high risk driving occurrence (as the case may be).
(2)
The performance of a drug screening test commences when a direction is first given to the test subject to provide a sample of oral fluid to be used for the drug screening test.
(3)
The following applies to the taking of a biological sample from a test subject by an authorised member for the purposes of drug testing:
(a)
if the authorised member considers that a sample of oral fluid can be taken—the authorised member must take a sample of oral fluid;
(b)
if the authorised member considers that a sample of oral fluid cannot be taken but that a sample of urine can—the authorised member must take a sample of urine;
(c)
if the authorised member considers that neither a sample of oral fluid nor a sample of urine can be taken—the authorised member must arrange for a medical practitioner or registered nurse to take a sample of blood.

32Oral fluid sample processes

(1)
The following are the procedures in accordance with which a sample of a test subject's oral fluid must be taken and dealt with for the purposes of drug testing:
(a)
the authorised member must provide the test subject with the means by which the test subject can provide the sample of oral fluid;
(b)
when the authorised member is satisfied that the test subject has provided a satisfactory sample of the test subject's oral fluid, the member must place the sample, in approximately equal proportions, in 2 containers suitable for the purpose;
(d)
each container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid;
(e)
the authorised member must then mark each container in a manner approved by the Commissioner and seal each container;
(f)
it is the duty of the authorised member to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid;
(g)
the authorised member must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the member and the test subject;
(h)
the original of the signed certificate must then be sent to or retained on behalf of the Commissioner;
(i)
a copy of the signed certificate must be delivered to the test subject together with a written notice advising that a container containing part of the oral fluid sample taken from the test subject and marked with the identification number specified in the notice will be available for collection by or on behalf of the test subject at a specified place.
(2)
A test subject must comply with all reasonable directions of an authorised member in connection with the taking of an oral fluid sample and the signing of a certificate under this regulation.

33Urine sample processes

(1)
The following are the procedures in accordance with which a sample of a test subject's urine must be taken and dealt with for the purposes of drug testing:
(a)
the authorised member must provide the test subject with a urine collection container and allow the test subject to provide the sample in private;
(b)
the test subject must provide a sufficient sample of his or her urine in the container and then deliver the container to the authorised member immediately;
(c)
the authorised member—
(i)
must, within 4 minutes of receiving the sample, test the temperature, and conduct a visual examination, of the sample; and
(ii)
may conduct any other test designed to determine whether or not the sample is a sample of the test subject's urine and is otherwise suitable for analysis;
(d)
if the authorised member has reasonable cause to suspect that the sample—
(i)
is not a sample of the test subject's urine or has been diluted or tampered with in any way; or
(ii)
is not suitable for analysis for some other reason,
the member—
(iii)
must require another sample to be provided in accordance with this regulation; and
(iv)
may require the test subject to submit to a search before the additional sample is provided;
(e)
if the authorised member requires the test subject to submit to a search, the search—
(i)
may only be conducted by, and in the presence of, a person of the same sex as the test subject; and
(ii)
must be carried out in private; and
(iii)
must not be witnessed by any more persons than is reasonably necessary;
(f)
if the test subject provides 2 samples that, in the opinion of the authorised member, are not samples of the test subject's urine or are otherwise unsuitable for analysis, the test subject will be taken to have failed to comply with a direction under section 41B or 41C of the Act (as the case requires);
(g)
when the authorised member is satisfied that the test subject has provided a satisfactory sample of the test subject's urine, the member may subject the sample to a urine screening test to determine whether the sample should be submitted for analysis;
(h)
if the authorised member does not subject the sample to a urine screening test, or a urine screening test indicates that a prescribed drug may be present in the sample, the member must, in the presence of the test subject place the sample, in approximately equal proportions, in 2 containers suitable for the purpose;
(i)
each container referred to in paragraph (h) must contain a sufficient quantity of urine to enable an analysis to be made of the presence of a prescribed drug in the urine;
(j)
the authorised member must then mark each container in a manner approved by the Commissioner and seal each container;
(k)
it is the duty of the authorised member to take such measures as are reasonably practicable in the circumstances to ensure that the urine is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of any prescribed drug present in the urine of the test subject;
(l)
the authorised member must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the member and the test subject;
(m)
the original of the signed certificate must then be sent to or retained on behalf of the Commissioner;
(n)
a copy of the signed certificate must be delivered to the test subject together with 1 of the sealed containers containing part of the urine sample.
(2)
A test subject must comply with all reasonable directions of an authorised member in connection with the taking of a urine sample and the signing of a certificate under this regulation.

34Blood sample processes

(1)
The following are the procedures in accordance with which a sample of a test subject's blood must be taken and dealt with for the purposes of drug testing:
(a)
the sample must be taken by a medical practitioner or registered nurse in the presence of an observer;
(b)
the sample collector must place the sample, in approximately equal proportions, in 2 containers suitable for the purpose;
(c)
each container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of any prescribed drug present in the blood and the sample of blood taken by the sample collector must be such as to furnish 2 such quantities of blood;
(d)
the sample collector must then mark each container in a manner approved by the Commissioner and seal each container;
(e)
it is the duty of the sample collector to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of any prescribed drug present in the blood of the test subject;
(f)
the sample collector must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the sample collector, the observer in whose presence the sample has been taken and the test subject;
(g)
the original of the signed certificate must then be sent to or retained on behalf of the Commissioner;
(h)
a copy of the signed certificate must be delivered to the test subject together with 1 of the sealed containers containing part of the blood sample;
(i)
a copy of the signed certificate must be delivered by the sample collector together with the other sealed container containing part of the blood sample to the observer;
(j)
the blood sample container and copy of the certificate referred to in paragraph (i) must not be delivered into the possession of the test subject.
(2)
A test subject must comply with all reasonable directions of a sample collector or observer in connection with the taking of a blood sample and the signing of a certificate under this regulation.

35Analysis of biological sample

(1)
If—
(a)
an authorised member takes a urine or oral fluid sample and completes a certificate in relation to the sample; or
(b)
an observer is given a blood sample and a certificate in relation to the sample,
in accordance with this Division, the authorised member or observer (as the case may be) must cause the sample and certificate to be delivered to Forensic Science SA as soon as is reasonably practicable after the relevant taking or giving of the sample or certificate.
(2)
The Director of Forensic Science SA must, as soon as possible following the delivery of a sample under subregulation (1), ensure that the sample is analysed by or under the supervision of an analyst to determine the presence of any prescribed drug in the sample.
(3)
The analyst must then complete and sign a certificate certifying as to the following matters:
(a)
the date of receipt at Forensic Science SA of the sample container and the certificate accompanying the sample container;
(b)
the details of the mark on the sample container and the manner in which it was sealed;
(c)
the name and professional qualifications of the analyst;
(d)
the presence of any prescribed drug found to be present in the sample;
(e)
any factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;

(f)
any other information relating to the sample or analysis (or both) that the analyst thinks fit to include.
(4)
The analyst's certificate must be sent by post to the test subject at the address shown as the test subject's address on the certificate accompanying the sample container.
(5)
A copy of the analyst's certificate must be sent to the Commissioner.
(6)
A biological sample delivered to Forensic Science SA under this regulation must be held by Forensic Science SA for a period of not less than 6 months following the delivery.

Division 3Alcohol testing36Alcotesting and breath analyses

(1)
An alcotest or breath analysis to which a test subject has been required to submit under Part 6 Division 2 of the Act may not be commenced more than 8 hours after the test subject has come off duty, or more than 8 hours following a critical incident or high risk driving occurrence, as the case may be.
(2)
The following persons may carry out breath testing of a test subject under this Division:
(a)
in the case of an alcotest—a member of SA Police;
(b)
in the case of a breath analysis—an authorised member.
(3)
The performance of an alcotest or breath analysis commences when a direction is first given to the test subject to exhale into the alcotest apparatus or breath analysing instrument to be used for the test.
(4)
If an alcotest conducted indicates that the prescribed concentration of alcohol may be present in the blood of the test subject, a member of SA Police may require the test subject to submit to a breath analysis by means of a breath analysing instrument.

37Concentration of alcohol in breath taken to indicate concentration of alcohol in blood

If a test subject submits to a breath analysis and the breath analysing instrument produces a reading in terms of a number of grams of alcohol in 210 litres of the person's breath, the reading will, for the purposes of this Part, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood.

38Conduct of alcotest and breath analysis

(1)
A test subject required under the Act to submit to an alcotest or breath analysis must not refuse or fail to comply with all reasonable directions of the person operating the alcotest apparatus or breath analysing instrument in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus or instrument by which the alcotest or breath analysis is conducted in accordance with the directions of the person operating the apparatus or instrument.
(2)
If a test subject submits to a breath analysis, the breath analysis must be conducted in the following manner:
(a)
the test subject must provide 2 separate samples of breath for analysis;
(b)
each sample must be provided in accordance with the directions of the authorised member conducting the analysis and must consist of not less than 1 litre of breath;
(c)
there must be an interval of not less than 2 minutes and not more than 10 minutes between the provision of the samples.
(3)
Despite subregulation (2)—
(a)
if, on analysing a sample of breath, the breath analysing instrument indicates an error in the analysis of the sample—
(i)
that sample, or, if that sample was the second sample provided, both samples, must be disregarded; and
(ii)
the test subject may be required to provide 2 further samples of breath for analysis using a different instrument (and such samples must be provided in accordance with subregulation (2)(b) and (c)); or
(b)
if, on analysing a sample of breath, the breath analysing instrument indicates the presence of alcohol in the mouth of the test subject—
(i)
that sample, or, if that sample was the second sample provided, both samples, must be disregarded; and
(ii)
the test subject may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (2)(b) and (c)); or
(c)
if, on analysing 2 samples of breath, the breath analysing instrument indicates that the reading obtained on analysis of the second sample was more than 15% higher or lower than the reading obtained on analysis of the first sample—
(i)
those samples must be disregarded; and
(ii)
the test subject may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (2)(b) and (c)); or
(d)
if, for any reason, a second sample of breath is not provided within 10 minutes of the provision of the first sample—
(i)
the first sample is to be disregarded; and
(ii)
the test subject may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (2)(b) and (c)).
(4)
If a test subject submits to a breath analysis, the result of the breath analysis will, for the purposes of Part 6 Division 2 of the Act, be taken to be the reading produced by the breath analysing instrument, on analysis of the samples of breath provided by the test subject in accordance with this regulation, that indicates the lower concentration of alcohol in the test subject's breath (not taking into account any samples that, in accordance with this regulation, are to be disregarded).

39Procedures for voluntary blood test

The following are the procedures in accordance with which a sample of a test subject's blood must be taken and dealt with for the purposes of testing for the presence of alcohol:
(a)
the test subject must cause the sample to be taken by a medical practitioner or registered nurse of the test subject's choice and must deliver to the sample collector—
(i)
the blood test kit supplied to the test subject under regulation 41(4)(b) for use for that purpose; and
(ii)
the blood test information sheet supplied to the test subject under regulation 40;
(b)
the sample must be taken by the sample collector as soon as is reasonably practicable but, in any event, within 4 hours of the test subject having submitted to the breath analysis indicating, for the purposes of the Act, the presence of alcohol in the test subject's blood;
(c)
the sample collector must place the sample, in approximately equal proportions, in 2 containers (being the containers provided as part of the blood test kit);
(d)
each container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of alcohol present in the blood and the sample of blood taken by the sample collector must be such as to furnish 2 such quantities of blood;
(e)
the sample collector must seal each container by application of the adhesive seal bearing an identifying number provided as part of the blood test kit;
(f)
it is the duty of the sample collector to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of alcohol present in the blood of the test subject;
(g)
the sample collector must then complete a certificate in the approved form by inserting the particulars required by the form;
(h)
the certificate must be signed by the sample collector certifying as to the matters set out in the form;
(i)
the certificate must also bear the signature of the test subject, attested to by the signature of the sample collector;
(j)
the original of the signed certificate must then be delivered to the test subject together with 1 of the sealed containers containing part of the blood sample;
(k)
a copy of the signed certificate must be delivered by the sample collector together with the other sealed container containing part of the blood sample to a member of SA Police who must, in turn, deliver that copy of the certificate and the blood sample container to Forensic Science SA;
(l)
the blood sample container and copy of the certificate referred to in paragraph (k) must not be delivered into the possession of the test subject;
(m)
on receipt of the blood sample container and certificate at Forensic Science SA, the blood in the container must be analysed as soon as is reasonably practicable by or under the supervision of an analyst to determine the concentration of alcohol present in the blood expressed in grams in 100 millilitres of blood;
(n)
the analyst must then complete and sign a certificate certifying as to the following matters:
(i)
the date of receipt at Forensic Science SA of the blood sample container and the certificate accompanying the blood sample container;
(ii)
the identifying number appearing on the adhesive seal used to seal the blood sample container;
(iii)
the name and professional qualifications of the analyst;
(iv)
the concentration of alcohol found to be present in the blood expressed in grams in 100 millilitres of blood;
(v)
any factors relating to the blood sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;
(vi)
any other information relating to the blood sample or analysis or both that the analyst thinks fit to include;
(o)
the analyst's certificate must be sent by post to the test subject at the address shown as the test subject's address on the certificate accompanying the blood sample container;
(p)
a copy of the analyst's certificate must be sent to or retained on behalf of the Minister;
(q)
a copy of the analyst's certificate must also be sent to the Commissioner.

40Request for approved blood test kit

(1)
For the purposes of regulation 41(4)(b), a request for an approved blood test kit must be made in accordance with the following provisions:
(a)
the request may, in the first instance, be made orally to the authorised member conducting the breath analysis;
(b)
on such a request having been made by the test subject, the authorised member or any other member of SA Police present must complete a written request in an approved form by inserting the particulars required by the form;
(c)
the test subject making the request must then sign the request form in the presence of the authorised member or other member of SA Police and the test subject's signature must be attested to by the signature of the authorised member or other officer;
(d)
the original of the signed request form may be retained by the test subject making the request;
(e)
a copy of the signed request form must be delivered to the authorised member or other member of SA Police.
(2)
The copy of the request form delivered to the authorised member or other member of SA Police must be delivered to the Commissioner or retained on the Commissioner's behalf for 12 months from the day on which the request form was signed by the test subject making the request.
(3)
If a test subject requests an approved blood test kit, the authorised member or any other member of SA Police must provide the test subject with a blood test information sheet.

Division 4Evidence etc41Evidence etc

(1)
If the requirements and procedures in relation to breath analysing instruments and breath analysis under this Part, including subregulations (3) and (4), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the test subject at the time of the analysis.
(2)
No evidence can be adduced in rebuttal of the presumption created by subregulation (1) except—
(a)
evidence of the concentration of alcohol in the blood of the test subject as indicated by analysis of a sample of blood taken and dealt with in accordance with the procedures set out in this Part; and
(b)
evidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave a false reading of the concentration of alcohol present in the blood of the test subject.
(3)
As soon as is practicable after a test subject has submitted to an analysis of breath by means of a breath analysing instrument, the authorised member who conducted the analysis must deliver to the test subject a statement in writing specifying—
(a)
the reading produced by the breath analysing instrument; and
(b)
the date and time of the analysis.
(4)
If a test subject has submitted to an analysis of breath by means of a breath analysing instrument and any concentration of alcohol is indicated as being present in the blood of that test subject by the breath analysing instrument, the authorised member who conducted the analysis must immediately—
(a)
give the person the oral advice determined by the Commissioner and deliver to the person the written notice determined by the Commissioner as to the operation of this Act in relation to the results of the breath analysis and as to the procedures set out in this Part for the taking and analysis of a sample of the person's blood; and
(b)
at the request of the person made in accordance with regulation 40, deliver an approved blood test kit to the person.
(5)
A certificate purporting to be signed by an authorised member in relation to a breath analysing instrument and to certify that—
(a)
the apparatus used by the authorised member was a breath analysing instrument within the meaning of Part 6 Division 2 of the Act; and
(b)
the breath analysing instrument was in proper order and was properly operated; and
(c)
the provisions of Part 6 Division 2 of the Act and this Part with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with is, in the absence of proof to the contrary, proof of the matters so certified.
(6)
A certificate purporting to be signed by a member of SA Police and to certify that an apparatus referred to in the certificate is or was of a kind approved under the Road Traffic Act 1961 for the purpose of performing alcotests is, in the absence of proof to the contrary, proof of the matter so certified.
(7)
A certificate purporting to be signed by a member of SA Police and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that any concentration of alcohol may then have been present in the blood of that person is, in the absence of proof to the contrary, proof of the matters so certified.
(8)
A certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any prescribed drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified.
(9)
A certificate purporting to be signed by an authorised member and to certify that—
(a)
a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and
(b)
the breath analysing instrument produced a reading specified in the certificate; and
(c)
a statement in writing required by subregulation (3) was delivered in accordance with that subregulation,
is, in the absence of proof to the contrary, proof of the matters so certified.
(10)
A certificate purporting to be signed by an authorised member and to certify—
(a)
that, on a date and at a time specified in the certificate, a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument; and
(b)
that the relevant oral advice and the relevant written notice were given and delivered to the person in accordance with subregulation (4)(a); and
(c)
that—
(i)
the person did not make a request for an approved blood test kit in accordance with this Part; or
(ii)
at the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subregulation (4)(b),
is, in the absence of proof to the contrary, proof that the requirements of subregulation (4) were complied with in relation to the person.
(10a)
A certificate purporting to be signed by an authorised member and to certify that an apparatus referred to in the certificate is or was of a kind approved by regulation 29A for the conduct of drug screening tests is, in the absence of proof to the contrary, proof of the matter so certified.
(10b)
A certificate purporting to be signed by an authorised member and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is, in the absence of proof to the contrary, proof of the matters so certified.
(10c)
A certificate purporting to be signed by an authorised member and to certify that apparatus used to conduct a drug screening test was in proper order and that the drug screening test was properly conducted is, in the absence of proof to the contrary, proof of the matters so certified.
(11)
A certificate purporting to be signed by a member of SA Police and to certify that a person named in the certificate was required under Part 6 Division 2 of the Act and this Part to submit to an alcotest or breath analysis and refused or failed to comply with all reasonable directions of a member of SA Police in relation to the requirement is, in the absence of proof to the contrary, proof of the matter so certified.
(12)
A certificate purporting to be signed by the Commissioner and to certify that a person named in the certificate is an authorised member is, in the absence of proof to the contrary, proof of the matter so certified.
(13)
In any proceeding under the Act, and in the absence of proof to the contrary, any of the following certificates is evidence of the matters certified in the certificate:
(a)
a certificate purporting to be signed by a sample collector certifying that an identified urine or oral fluid sample was taken or collected—
(i)
from a named person; and
(ii)
at a specified date and time; and
(iii)
in accordance with this Part;
(b)
a certificate purporting to be signed by a medical practitioner or registered nurse certifying that an identified blood sample was taken or collected—
(i)
from a named person; and
(ii)
at a specified date and time; and
(iii)
in accordance with this Part;
(d)
a certificate purporting to be signed by an authorised member certifying—
(i)
that the apparatus used to conduct an oral fluid analysis was in proper order; and
(ii)
that the oral fluid analysis was properly conducted;
(e)
a certificate purporting to be signed by an analyst certifying—
(i)
that an identified blood, urine or oral fluid sample taken from a named person was analysed for alcohol or prescribed drugs in accordance with this Part; and
(ii)
the results obtained from that analysis.
(14)
If a certificate of an analyst relating to a blood, urine or oral fluid sample taken in accordance with this Part is received as evidence in proceedings and states that a prescribed drug has been found to be present in the blood, urine or oral fluid sample to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the prescribed drug stated in the certificate was present in the sample when the sample was taken.

Division 5Other matters

42Test subject may arrange for analysis of biological sample

A test subject from whom a biological sample was taken for the purposes of Part 6 Division 2 of the Act may cause the sample as contained in the sample container delivered to that test subject to be analysed to determine the presence of any alcohol or prescribed drug present in the sample.

43Destruction of biological samples

The Commissioner must ensure that a biological sample taken for the purposes of Part 6 Division 2 of the Act (and any other forensic material taken incidentally in the course of drug and alcohol testing) is destroyed—
(a)
if disciplinary proceedings based on evidence of the results of analysis of the biological sample are not commenced—as soon as is reasonably practicable after the decision has been made not to commence proceedings; or
(b)
if disciplinary proceedings are commenced—as soon as is reasonably practicable after the proceedings (including any proceedings on review or appeal) are finally determined or discontinued.

Part 8Transfers44Transfer to position of higher rank

(1)
Subject to this regulation, the Commissioner may, under section 47 of the Act, transfer a member of SA Police to a position of a higher rank—
(a)
until a person on leave from or otherwise temporarily unable to perform the duties of the position returns to the position; or
(b)
if the position has been permanently vacated, until the position is filled by selection processes.
(2)
A transfer as authorised under subregulation (1)—
(a)
may be made on such conditions as are approved by the Commissioner; and
(b)
must not be for a period exceeding 2 years.
(3)
If a member has been transferred to a position of a higher rank as authorised under this regulation, the Commissioner may, under section 47 of the Act, transfer the member to a position of a lower rank in order to return the member to a position of a rank the same as that of his or her original position.

45Transfer to position of lower rank

(1)
Subject to this regulation, the Commissioner may, under section 47 of the Act, transfer a member of SA Police to a position of lower rank if—
(a)
the transfer is in the opinion of the Commissioner necessary—
(i)
for the purposes of the restructuring of a part of SA Police; or
(ii)
for the purposes of filling a designated position; and
(b)
the transfer is made on condition that the member retains his or her existing rank and seniority while occupying the position of a lower rank.
(2)
A member transferred as authorised under subregulation (1) may be further transferred to positions of a rank lower than that of his or her original position.
(3)
The period or aggregate of the periods for which a transfer or transfers authorised under subregulation (1) or (2) may continue must not exceed 2 years or such longer period as the Minister may approve in a particular case.
(4)
If a member has been transferred to a position of a lower rank as authorised under this regulation, the Commissioner may, under section 47 of the Act, transfer the member to a position of a higher rank in order to return the member to a position of a rank the same as that of his or her original position.
(5)
On transferring a member to a position of a lower rank as authorised under this regulation, the Commissioner must give orders as to the performance by the member of the duties of the position and the members whose orders will be binding on the member while in the position.
(6)
In this regulation—
designated position means a position that the Commissioner determines, based on the nature of the position, or the qualifications, experience or other attributes that are essential or desirable in respect of the position, to be a position that, without a transfer under subregulation (1), would be difficult to fill.

Part 9Appointment to promotional positions in SA Police46Interpretation

In this Part—
merit pool means a merit pool established under regulation 48, as constituted from time to time;
prescribed officer position means a position in SA Police of or above the rank of chief inspector and of or below the rank of Assistant Commissioner.

47Application of Part

Nothing in this Part applies in relation to a transfer under the Act or these regulations from one position in SA Police to another.

48Commissioner may establish merit pool or pools

(1)
The Commissioner may establish a merit pool or pools in relation to the appointment of members of SA Police to prescribed promotional positions or prescribed officer positions.
(2)
The Commissioner must, if the Commissioner proposes to establish a merit pool, cause the proposed establishment of the merit pool to be advertised in either or both of the following ways:
(a)
by publishing a notice in the Police Gazette calling for applications from eligible members of SA Police for inclusion in the merit pool;
(b)
by calling for such applications in any other manner determined by the Commissioner.
(3)
The Commissioner may, by general order, special order or guideline—
(a)
make provisions relating to eligibility for inclusion in a merit pool (including, to avoid doubt, provisions relating to circumstances in which members of SA Police are ineligible for inclusion);
(b)
make provisions relating to the establishment of advisory committees for the purposes of this Part;
(c)
make provisions relating to the size of a merit pool;
(d)
make provisions relating to applications for inclusion in a merit pool;
(e)
make provisions relating to removal from, or reinstatement in, a merit pool;
(f)
make provisions relating to the ranking of members of SA Police within a merit pool;
(g)
make provisions relating to the appointment of members of SA Police from within a merit pool to fill prescribed promotional positions or prescribed officer positions;
(h)
make any other provision the Commissioner considers appropriate in relation to merit pools.
(4)
The Commissioner must cause the members of SA Police within a merit pool to be ranked in order of merit.

49Grievance process and right of review – merit pools

(1)
A prescribed member of SA Police may apply to the Police Review Tribunal for a review of—
1. (a)
  a decision to refuse to include or reinstate the prescribed member in a merit pool; or
2. (b)
  a decision to remove the prescribed member from a merit pool,

(being in each case a merit pool relating to a prescribed promotional position or positions).

(2)
However, a prescribed member may not make an application under this regulation unless—
1. (a)
  the prescribed member has first applied to have their grievance dealt with in accordance with a process determined by the Commissioner; and
2. (b)
  that process has been completed.
(3)
The Commissioner must give written notice to the prescribed member of the Commissioner's decision on their grievance under subregulation (2) within 28 days after receipt of the application (or within such longer period as may be agreed between the applicant and the Commissioner).
(4)
An application to the Police Review Tribunal for review of a decision—
1. (a)
  must be made to the Secretary to the Police Review Tribunal within 7 days after the applicant receives written notice of the Commissioner's decision on their grievance under subregulation (2) (or such longer period as the Secretary may allow); and
2. (b)
  must otherwise be made in a manner and form determined by the Secretary of the Police Review Tribunal.
(5)
An applicant to the Police Review Tribunal, or a member of SA Police summoned to appear before the Police Review Tribunal, must be granted such paid leave of absence as may be necessary to enable their appearance before the Police Review Tribunal for the purposes of the relevant proceedings.
(6)
On an application for a review under this regulation, the Police Review Tribunal may do one or more of the following:
1. (a)
  confirm the decision;
2. (b)
  quash the decision;
3. (c)
  remit the matter to the original decision maker for further consideration and redetermination.
(7)
The Police Review Tribunal must hear and determine an application under this regulation within 28 days after it receives the application.
(8)
To avoid doubt—
1. (a)
  decisions relating to the establishment or number of merit pools, the nature of a merit pool (including the size of a merit pool), the ranking of members within a merit pool or the selection or appointment of a member from within a merit pool to fill a position are not reviewable under this regulation; and
2. (b)
  the commencement of proceedings for review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision.
(9)
In this regulation—

prescribed member of SA Police means—
(a)
a member of SA Police who is an unsuccessful applicant for inclusion or reinstatement in a merit pool; or
(b)
a member of SA Police who is, or who was at the relevant time, a member of a merit pool.

49ASelection processes – prescribed promotional and prescribed officer positions

(1)
For the purposes of section 54 of the Act, the selection process for an appointment to a prescribed promotional position is to consist of—
1. (a)
  in the case of prescribed promotional position to be filled by appointment from within a merit pool—the selection, in accordance with any relevant general order, special order or guideline made or given by the Commissioner, of a suitable member of SA Police from within the merit pool to fill the position; or
2. (b)
  in any other case—the selection process set out in regulation 49B.
(2)
The selection process for an appointment to a prescribed officer position is to consist of—
1. (a)
  in the case of prescribed officer position to be filled by appointment from within a merit pool—the selection, in accordance with any relevant general order, special order or guideline made or given by the Commissioner, of a suitable member of SA Police from within the merit pool to fill the position; or
2. (b)
  in any other case—the selection process set out in regulation 49B.
(3)
The Commissioner may, in the Commissioner's absolute discretion, determine whether a particular prescribed promotional position or prescribed officer position is to be filled by appointment from within a merit pool or on individual application and the selection process set out in regulation 49B.
(4)
However, in the case where a merit pool has been established to fill prescribed promotional positions or prescribed officer positions of a particular kind, the Commissioner must, unless it is not reasonably practicable to do so, fill a particular prescribed promotional position or prescribed officer position of that kind by appointment from within the merit pool.
(5)
To avoid doubt, the right of review set out in section 55 of the Act does not apply in relation to a decision to appoint a particular member of SA Police from within a merit pool to a fill a position.
Note—
A decision to appoint a particular member from within a merit pool to fill a position is not a selection process as contemplated by section 55 of the Act—see the definition of selection processes in section 3 of the Act.
Rights of review in relation to merit pools are instead set out in regulation 49.

49BSelection process for certain positions not filled from within merit pools

(1)
This regulation applies to—
1. (a)
  a prescribed promotional position; and
2. (b)
  a prescribed officer position,

(not being a position that is to be filled by appointment from within a merit pool in accordance with regulation 49A(1)(a) or (2)(a)).

(2)
The Commissioner must cause a position to which this regulation applies to be advertised in either or both of the following ways:
1. (a)
  by publishing a notice in the Police Gazette calling for applicants (except in the case of an appointment under section 23 of the Act);
2. (b)
  by advertising the position in such other manner as may be determined by the Commissioner.
(3)
The Commissioner may appoint an advisory committee of at least 3 persons, 1 of whom may be the Commissioner, to assist in determining the suitability of applicants to fill the position.
(4)
If the Commissioner is a member of the committee, the Commissioner will determine, with the advice and assistance of the other members of the committee, which applicant is the most suitable on merit (or, if appropriate, that there is no suitable applicant).
(5)
If the Commissioner is not a member of the committee, the committee must determine which applicant is, in the opinion of the committee, the most suitable on merit (or that there is no suitable applicant) and advise the Commissioner in writing accordingly.
(6)
An applicant may be required to take part in or submit to an interview, test, medical or psychological assessment, training course or other assessment procedure.
(7)
A member of SA Police must, at the request of an advisory committee, appear before or produce to the committee any record, document or other information to which the member has access and that the committee needs in connection with its determination.

49CPeriod of appointment

(1)
The Commissioner may, in relation to a prescribed promotional position or prescribed officer position, specify that any or all of the following periods of appointment apply to the position:
(a)
a specified period of appointment;
(b)
a minimum period of appointment;
(c)
a maximum period of appointment.
(2)
A specified period may be varied at the discretion of the Commissioner.
(3)
A specified minimum period may be reduced, and a specified maximum period may be increased, at the discretion of the Commissioner.
(4)
If a minimum period of appointment is specified in respect of a position, a person appointed to the position is not, except at the discretion of the Commissioner, eligible for appointment to another position in SA Police of the same or a lower rank until the minimum period has expired.

49DNotice of requirement or qualifications for appointment

The Commissioner must cause notice of any general order, special order or guideline made by the Commissioner that concerns the requirements or qualifications for appointment to a position of or above the rank of senior constable to be given in the Police Gazette, or in such other manner as may be approved by the Commissioner, as soon as is reasonably practicable after it is made.

49EReview of Part

(1)
The Minister must cause a review of the operation of this Part to be conducted and a report on the review to be prepared and submitted to the Minister.
(2)
The review and the report must be completed before the fourth anniversary of the commencement of this Part.
(3)
The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.

Part 10Grievance process and review51Unsatisfactory performance review panel

If it is proposed that action be taken under section 46 of the Act against a member of SA Police on the grounds of unsatisfactory performance, the panel of persons required under subsection (5)(c) of that section—
(a)
will consist of 3 persons appointed by the Commissioner, at least 1 of whom must be a member of SA Police currently employed in a human resource management or development area of SA Police; and
(b)
must be chaired by a person specified by the Commissioner; and
(c)
must make its decision by majority vote; and
(d)
must notify its decision to the Commissioner in writing as soon as practicable after the panel is appointed by the Commissioner; and
(e)
subject to this regulation, may determine its own procedures.

52Grievance process for section 47 transfer

(1)
A member of SA Police who is transferred to another position under section 47 of the Act and is aggrieved by the transfer may apply to the Commissioner to have his or her grievance dealt with.
(2)
An application under this regulation—
(a)
must be in writing in a form approved by the Commissioner; and
(b)
must identify the transfer giving rise to the grievance; and
(c)
must set out the grounds of the grievance; and
(d)
must be delivered to the Commissioner's office within 14 days after the member is notified in writing of his or her transfer under section 47.
(3)
The Commissioner must give written notice to the applicant of the Commissioner's decision on the grievance application.

53Grievance process for selection decision

(1)
A member of SA Police or police security officer (as the case requires) who is aggrieved by a selection decision notified in the Police Gazette under section 55 of the Act may apply to the Commissioner to have his or her grievance dealt with.
(2)
An application under this regulation—
(a)
must be in writing in a form approved by the Commissioner; and
(b)
must identify the decision giving rise to the grievance; and
(c)
must set out the grounds of the grievance; and
(d)
must be delivered to the Commissioner's office within 14 days after the selection decision is notified in the Police Gazette.
(3)
On an application under this regulation, the Commissioner may—
(a)
confirm the selection decision;
(b)
quash the selection decision;
(c)
order that the selection processes be recommenced from the beginning or some later stage specified by the Commissioner.
(4)
The Commissioner must give written notice to the applicant of the Commissioner's decision on the grievance application within 28 days after receipt of the application (or within such longer period as may be agreed between the applicant and the Commissioner).

54Applications to SAET or Police Review Tribunal – time and procedures

(1)
An application to SAET under section 48 of the Act by a member (or former member) of SA Police, or police security officer (or former police security officer), (as the case requires) for a review of a decision to terminate the member's appointment must be made within 28 days after the member or former member receives written notice of the relevant decision.
(2)
An application to SAET under section 52 of the Act by a member of SA Police or police security officer for a review of a decision to transfer the member or officer to another position must be made within 14 days after the member or officer receives written notice of the decision.
(3)
An application to the Police Review Tribunal under section 55 of the Act by a member of SA Police or police security officer for a review of a selection decision must be made within 7 days after the member or officer receives written notice of the decision made on his or her grievance application in respect of the selection decision.
(4)
An application to the Police Review Tribunal for a review—
1. (a)
  must be—
  1. (i)
    in a form approved by the Secretary to the Tribunal; and
  2. (ii)
    typewritten or printed; and
  3. (iii)
    in triplicate; and
2. (b)
  must identify the decision to be reviewed; and
3. (c)
  must set out the grounds for review; and
4. (d)
  must specify the relief sought on review; and
5. (e)
  must state whether or not the applicant requires any person to be summoned to appear before the Tribunal, or to produce any document, object or material; and
6. (f)
  must be accompanied by a copy of the selection decision to which the application relates.
(5)
An applicant to SAET or the Police Review Tribunal, or a member of SA Police or police security officer summoned to appear before SAET or the Police Review Tribunal, under the Act must be granted the necessary leave of absence to enable appearance before the Tribunal for the purposes of the relevant proceedings.
(6)
The Police Review Tribunal must hear and determine an application for review of a selection decision under section 55 of the Act within 28 days after receipt by the Tribunal of the application.

Part 11History of employees55Duty to keep history

(1)
The Commissioner must cause a history to be kept of the conduct and service of every employee.
(2)
The history of each employee must include the following particulars:
(a)
full name, identification number, personal description, marital status and next of kin;
(b)
educational, trade or professional qualifications gained, and special training completed, before or after joining SA Police;
(c)
appointments, promotions and transfers;
(d)
war service, military distinctions and other distinctions;
(e)
entries, as directed by the Commissioner in each case, of meritorious conduct and other matters favourable to the employee;
(f)
punishments imposed by the Commissioner (unless the Commissioner directs the punishment is not to be recorded);
(g)
such particulars of any penalty imposed on the employee in a court of law as the Commissioner directs;
(h)
leave granted or taken;
(i)
any other particulars required by or under the Act or these regulations or directed from time to time by the Commissioner.
(3)
The history of each employee must be maintained in the manner and place directed by the Commissioner.

56Removal of entry relating to punishment or penalty

(1)
If—
1. (a)
  there is an entry recording a punishment or penalty in the history of an employee; and
2. (b)
  not less than 5 years have elapsed since the entry was made; and
3. (c)
  no further entry recording a punishment or penalty has since been made,

the employee may apply to the Commissioner in writing to have the entry, and any previous entry recording a punishment or penalty, removed from the employee's history.

(2)
On receipt of such an application, the Commissioner—
1. (a)
  may, if he or she thinks fit, order that the entry or any previous such entry be removed; and

1. (b)
  must in any event advise the employee of the Commissioner's response to the application.

57Access of employee to history

An employee—
(a)
must be given access to his or her history in accordance with procedures approved by the Commissioner; and
(b)
must, on application, be supplied with a copy of the history.

58Record of commendation of employee

(1)
If an employee displays unusual moral or physical courage or shows exceptional tact, skill or ability, the officer in charge of the employee may, if it is considered that the conduct of the employee justifies a commendation being recorded, cause a report giving full particulars to be furnished to the Commissioner.
(2)
The Commissioner must, if satisfied (on the basis of that report or such further inquiry as the Commissioner may require) that the conduct of the employee deserves commendation, cause a record to be made in the employee's history.

59Certificate of service

(1)
On ceasing to be employed under the Act, an employee will, on application to the Commissioner, be granted a certificate of service showing the employee's rank (or position), period of service and such other information as may be approved by the Commissioner.
(2)
A certificate showing the rank (or position) and period of service of a deceased employee will be supplied to the employee's next of kin on request.
(3)
The Commissioner may, on application, issue a duplicate certificate of service if satisfied of the loss or destruction of the original certificate.

Part 12Leave of absence60Interpretation

A reference in this Part to an employee, an officer or a member of SA Police does not include—
(a)
the Commissioner or Deputy Commissioner; or
(b)
an Assistant Commissioner appointed after the commencement of the Police (Contract Appointments) Amendment Act 1996 (19 December 1996); or
(c)
a person appointed under section 23 of the Act; or
(d)
a community constable.

61Recreation and sick leave for officers

An officer is entitled to the rest days and recreation and sick leave that other members of SA Police are entitled to under these regulations or the Police Officers' Award.

62Special sick leave for war service disabilities

(1)
The Commissioner may grant a member of SA Police who provides evidence that he or she is absent from duty because of a disability accepted by the Commonwealth Repatriation Commission as due to war service special sick leave with pay (not debited against sick leave credits) for a period not exceeding the special sick leave standing to the credit of that member under this regulation.
(2)
The special sick leave standing to the credit of a member of SA Police absent due to a disability arising from war service is as follows:
1. (a)
  a non‑accumulative credit of 45 working days credited on 1 July 1955 or on appointment as a member of SA Police (whichever is the later); plus
2. (b)
  a cumulative credit of 15 working days credited on 1 July 1964, or on appointment as a member of SA Police (whichever is the later) and on the anniversary of that date in each succeeding year to a maximum accumulation of 45 working days at any 1 time under this paragraph,

less the number of working days of leave that have been taken by the officer under this regulation or a corresponding provision of the previous regulations, debited in accordance with subregulation (3).

(3)
The special sick leave standing to the credit of a member of SA Police under subregulation (2)(b)—
1. (a)
  may only be taken after the special sick leave standing to the member's credit under subregulation (2)(a) has been exhausted; and
2. (b)
  re‑accumulates in accordance with subregulation (2)(b) if taken, but not so as to exceed the specified maximum accumulation.
(4)
Special sick leave granted under this regulation is in addition to any other leave to which a member of SA Police may be entitled.

63Compassionate leave

(1)
The Commissioner may grant leave to an employee on the death of a person closely related to the employee.
(2)
Leave granted under subregulation (1)—
(a)
may only be granted for a period between notification of the death by the employee and the end of the day of the funeral of the person who has died; and
(b)
must be without reduction in pay where the leave granted does not exceed the number of hours ordinarily worked by the employee in 3 working days.
(3)
An employee must, for the purposes of this regulation, provide proof to the satisfaction of the Commissioner of the death of the related person.
(4)
For the purposes of this regulation—
person closely related to the employee means a person determined by the Commissioner to be closely related (whether by blood, marriage or otherwise) to the employee.

64Other special leave

(1)
The Commissioner may grant special leave to an employee if in the opinion of the Commissioner the grant of the leave is justified by special circumstances.
(2)
Special leave under this regulation may be granted—
(a)
on full pay, reduced pay or without pay; and
(b)
on such other conditions,
as the Commissioner thinks fit.
(3)
The Commissioner may approve a maximum period for which special leave on full pay may be granted in any financial year and, if such a maximum has been approved, no special leave on full pay may be granted to an employee in a financial year in excess of that maximum.
(4)
Despite subregulation (3), the Commissioner may—
(a)
grant special leave on reduced pay for a proportionately longer period than that approved under subregulation (3); or
(b)
grant special leave on full or reduced pay to an employee for a longer period than that approved under subregulation (3) to enable the employee to undertake a training course or an attachment to another organisation.
(5)
Where special leave is granted without pay, the Commissioner may order that the whole or any part of the leave be counted as service.

65Leave for service in armed forces

(1)
The Commissioner may grant leave to an employee who serves in the armed forces of the Commonwealth to enable the employee to undertake the training or duties required by that service.
(2)
Leave will be granted for the periods and on the terms and conditions as to pay or otherwise that are approved by the Commissioner.

66Leave bank

The Commissioner may make and carry out an arrangement with employees under which employees forego part of their annual recreation leave in return for the grant of additional sick leave.

Part 13Property in custody of SA Police67Application of Part

(1)
Subject to subregulation (2), this Part applies subject to any other Act or regulation.
(2)
Despite subregulation (1), the Unclaimed Goods Act 1987 does not apply to the sale, destruction or other disposal of property under this Part.

68Interpretation

(1)
In this Part, unless the contrary intention appears—
found property means any personal property that has been lost and whose owner is unknown at the time at which it is found;
legal proceedings includes a coronial inquiry;
money includes a negotiable instrument;
owner, in relation to property, means the person who is entitled to possession of the property;
prescribed account means an ADI (authorised deposit‑taking institution) account maintained for the purpose of holding money that is in the custody of SA Police or the proceeds of the sale of other property that is in the custody of SA Police;
property means—
(a)
found property; and
(b)
the personal effects of deceased persons; and
(c)
property that is seized or otherwise taken into the custody of a member of SA Police for investigatory or evidentiary purposes;
unclaimed property means property that has been in the custody of SA Police for the period of at least 2 months and in relation to which—
(a)
there is no person who appears, to the satisfaction of the Commissioner, to be the owner of the property; or
(b)
there is such a person but that person has not been located after reasonable inquiry; or
(c)
there is such a person but that person has not exercised his or her right to recover the property,
but does not include found property unless, in addition—
(d)
the finder has not exercised his or her right to claim the property within 42 days from the time at which he or she delivered the property to SA Police; or
(e)
the finder has relinquished his or her claim to the property.
(2)
For the purposes of this Part, a reference to a member of SA Police will be taken to include a reference to a police security officer.

69Custody of property

(1)
The Commissioner must ensure the safety and security of property in the custody of SA Police.
(2)
If a member of SA Police receives, seizes or otherwise takes custody of property, the member (or where 2 or more members are performing duty together, the senior member) must cause—
(a)
a record of the property to be made in the manner approved by the Commissioner; and
(b)
subject to this Part, the property to be kept in the manner and place approved by the Commissioner; and
(c)
a receipt to be issued, as soon as is reasonably practicable and in the manner approved by the Commissioner, to the person from whom the property was received, seized or otherwise obtained.
(3)
A member of SA Police must not use property that is in the custody of SA Police for purposes other than—
(a)
those for which it was received, seized or otherwise taken; or
(b)
purposes authorised under these regulations.

70Money

(1)
Money that is in the custody of SA Police must, unless it is required in specie for evidentiary purposes in legal proceedings or to assist in the identification of its owner, be paid into a prescribed account in accordance with general or special orders.
(2)
If the money is not in Australian currency, it must be converted to Australian currency for retention in the account.
(3)
On payment of money into a prescribed account—
(a)
the amount in Australian currency paid into the account; and
(b)
except where found money is later returned to the finder or a court otherwise orders, any interest earned on the amount,
is to be taken to constitute the relevant money for the purposes of the disposal of property in accordance with these regulations.

71Investigation of ownership

The Commissioner must cause all reasonable efforts to be made to determine and locate the owner of property that is in the custody of SA Police.

72Disposal of property

(1)
Subject to any order of a court, property that is in the custody of SA Police for investigatory or evidentiary purposes must not be released or disposed of by SA Police except—
(a)
for scientific analysis, use as an exhibit or other use in connection with legal proceedings or official investigations; or
(b)
in accordance with subregulation (2), when the Commissioner is satisfied that the property is no longer required for use in connection with any legal proceedings or official investigations.
(2)
Subject to subregulation (1) property that is in the custody of SA Police must be disposed of as follows:
(a)
if a court makes an order for the disposal of the property—the property must be disposed of in accordance with that order;
(b)
if proceedings to determine the ownership of the property have commenced—the property must be retained by SA Police until those proceedings have been completed or discontinued;
(c)
subject to paragraphs (a) and (b)—
(i)
if there is a person who appears, to the satisfaction of the Commissioner, to be the owner, the property must be returned to that person unless he or she—
(A)
cannot be located after reasonable inquiry; or
(B)
does not exercise his or her right to recover the property;
(ii)
if there is no person who appears to be the owner (or if subparagraph (i)(A) or (B) applies) and the property is found property claimed by the finder within the period required by these regulations and retained by SA Police for the period required by these regulations—the property must be returned to the finder in accordance with these regulations;
(iii)
if the property is unclaimed property—it must be disposed of as unclaimed property in accordance with these regulations.

73Dealing with certain property

Despite these regulations—
(a)
if property in the custody of SA Police is of such a nature that no person is lawfully entitled to it, the Commissioner must, if the property is not required by SA Police for use in connection with any legal proceedings or official investigations or for training or educational purposes, cause the property to be destroyed; and
(b)
subject to paragraph (a)—if it appears to the Commissioner that property in the custody of SA Police whose owner is not known, cannot be located or does not exercise his or her right to recover the property—
(i)
is perishable or may rapidly depreciate in value; or
(ii)
is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for SA Police to retain the property; or
(iii)
is an electronic device or electronic equipment capable of storing or recording information or data so that the information or data may be accessed by a person,
the Commissioner may cause the property to be sold, destroyed, returned to the finder (if there is a finder and he or she claims the property) or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.

74Property subject to court order

If property is in the custody of SA Police under an order of a court that requires the property to be retained until further notice, the property may be disposed of in accordance with these regulations as unclaimed property if no person becomes entitled to the property by order of a court in proceedings commenced within 3 years after the making of the earlier order.

75Found property

(1)
Found property in the custody of SA Police—
(a)
may be claimed by the finder no later than 42 days from the day on which he or she delivered the property to SA Police; and
(b)
must not be returned to the finder until it has been in the custody of SA Police for a period of at least 2 months.
(2)
If found property is returned to the finder, the finder—
(a)
does not obtain title to the property as against the owner or the person who lost the property until the end of 5 years from the day on which the property was returned to the finder by SA Police; and
(b)
will be taken to have agreed to—
(i)
return the property (or, if the finder no longer has the property, pay an amount equal to its value at that time) to a person who claims the property, and proves that claim to the satisfaction of the Commissioner, within 5 years after the day on which it was returned to the finder by SA Police; and
(ii)
indemnify the Commissioner and any employee in the department in respect of any order or claim made or cost, loss, damage or expense incurred by any of them as a result of the return of the property to the finder; and
(c)
is not entitled to interest on found money.
(3)
Found property must not be returned to the finder unless he or she is first given notice in writing, in a form approved by the Commissioner, as to the operation of this regulation in relation to the finder's title to the property.
(4)
An agreement under subregulation (2) is not void for want of consideration or for failure to comply with subregulation (3).
(5)
An employee in the department who comes into possession of property in the course of his or her duties does not have the rights of a finder in relation to that property.

76Unclaimed property

(1)
The Commissioner may cause the whole or any part of unclaimed property, other than unclaimed money, that is in the custody of SA Police to be retained for use by SA Police, or sold, destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.
(2)
Unclaimed money in the custody of SA Police is to be dealt with in accordance with regulation 70.

77Effect, proceeds of sale

(1)
A person who buys property sold by or on the authority of the Commissioner under this Part obtains good title to that property.
(2)
The proceeds of a sale of property under this Part must be applied as follows:
(a)
firstly, in payment of the expenses occasioned by the sale;
(b)
secondly, in payment of storage or other expenses incurred by SA Police in relation to the property;
(c)
thirdly, by payment of the balance into a prescribed account in accordance with general or special orders.

78Proceeds, unclaimed money to be paid into Consolidated Account

(1)
Proceeds of sale and unclaimed money held in a prescribed account under this Part must be retained in the account for a period of 6 months, after which the principal and any interest must be paid into the Consolidated Account.
(2)
If unclaimed money held in a prescribed account was not unclaimed money at the time it was paid into the account but subsequently became unclaimed, the 6 month period referred to in subregulation (1) commences at the time at which the money became unclaimed.

79Return of unclaimed property, proceeds of sale

The Commissioner may, at his or her discretion—
(a)
if a person who appears, to the satisfaction of the Commissioner, to be the owner of property claims the property after it has become unclaimed property but while it remains in the custody of SA Police, authorise the property to be returned to the person;
(b)
if a person who appears, to the satisfaction of the Commissioner, to have been the owner of property before it was sold under this Part claims the balance of the proceeds of the sale while the money continues to be held in a prescribed account under this Part, authorise the payment of the balance (and any interest on the balance) to the person.

80Commissioner may prepare instruments

The Commissioner may prepare and execute all instruments necessary for carrying into effect the sale, destruction or other disposal of property under this Part.

Part 14Prisoners81Interpretation

In this Part, unless the contrary intention appears—
Metropolitan Adelaide has the same meaning as in the Development Act 1993;
officer in charge, in relation to a police station, means the member of SA Police who is for the time being in charge of the police station;
police station means a police station at which cell facilities are available for the continuous care and custody of a person accepted into custody at the police station;
prisoner means a person accepted into custody at a police station;
responsible officer, in relation to a police station, means—
(a)
the officer in charge of the police station; or
(b)
if a member of SA Police has, for the time being, been designated by the officer in charge of the police station as the officer with responsibility for prisoners at the police station—that officer.

82Search of prisoners

(1)
Immediately after a prisoner is accepted into custody at a police station on a charge of committing an offence, the responsible officer for the police station must cause the prisoner to be searched in accordance with these regulations and general or special orders.
(2)
A search of a prisoner must, wherever practicable, be made by a person of the same sex as the prisoner.
(3)
The person searching a prisoner must remove from the prisoner everything that might—
(a)
assist the prisoner to escape; or
(b)
be used to cause injury or harm to the prisoner or any other person; or
(c)
be used to damage property.
(4)
If a prisoner objects to the retention by SA Police of an article taken from the prisoner and the responsible officer for the police station considers that there is no valid reason for its retention, the article may be returned to the prisoner.

83Property taken from prisoners

(1)
If money or other property is removed from a prisoner, the responsible officer for the police station must—
(a)
cause a written record to be made of, and a receipt issued for, the money or other property; and
(b)
request the prisoner to check and sign the written record.
(2)
If a prisoner is unable or refuses to sign the record referred to in subregulation (1), the responsible officer for the police station must make a note on the record of that fact and the reason for that inability or refusal.
(3)
Money or other property removed from a prisoner must be kept and stored in the manner directed by the Commissioner.

84Illness or injury of prisoners

If it is necessary to obtain medical assistance for a prisoner at a police station who is ill or injured, the responsible officer for the police station—

(a)
must, if practicable, cause the prisoner to be conveyed to an incorporated hospital within the meaning of the Health Care Act 2008; or
(b)
if that is not practicable, must cause the prisoner to be attended by a police medical officer or other legally qualified medical practitioner.

85Legal, medical and other assistance for prisoners

(1)
The responsible officer for a police station must afford a prisoner every reasonable facility necessary—
1. (a)
  to enable compliance with the requirements of the Bail Act 1985, the Summary Offences Act 1953, the Young Offenders Act 1993 or any other Act or law concerning persons in the custody of SA Police; and
2. (b)
  to obtain private legal or medical advice; and
3. (c)
  in the case of a prisoner who is a national or a citizen of a foreign country—to meet a consular officer or other person acting as a representative of the government of that country.
(2)
If a prisoner requests that he or she be examined by a specified medical practitioner and refuses any other medical examination offered to the prisoner in accordance with these regulations—
1. (a)
  the responsible officer for the police station must take all reasonable steps to secure the attendance of the medical practitioner; and
2. (b)
  the examination must take place at a police station; and
3. (c)
  wherever practicable, the responsible officer must ensure that there is present at the examination—
  1. (i)
    a police medical officer (if the examination takes place within Metropolitan Adelaide); or
  2. (ii)
    a member of SA Police or police security officer of the same sex as the prisoner (if a police medical officer is unable to be present or the examination takes place outside Metropolitan Adelaide).

86Liability for payment of medical expenses

(1)
If a medical practitioner other than a police medical officer attends a prisoner under this Part, any amount payable for that attendance that is not covered by a medical benefit scheme is payable—
(a)
where a specified medical practitioner requested by the prisoner attends the prisoner after other treatment is offered to the prisoner in accordance with these regulations but is refused—by the prisoner;
(b)
in any other case—by the department (if the prisoner does not agree to pay the amount).
(2)
Where these regulations specify that a prisoner is to be liable for the payment of an amount in respect of the attendance of a medical practitioner, the responsible officer must ensure that both the prisoner and the medical practitioner concerned are informed of that fact prior to any such attendance.

87Interviews with prisoners

No person may interview a prisoner in custody at a police station without the consent of the responsible officer.

Part 15Miscellaneous88Form of oath or affirmation

(1)
For the purposes of sections 25 and 60 of the Act, the form of the oath or affirmation to be made by a member of SA Police or a special constable on appointment is as set out in Schedule 3.
(2)
An oath or affirmation in the form specified in Schedule 3 may be made before a Justice of the Peace of this State or of another State or a Territory of the Commonwealth.

89Annual report

The Commissioner must, in his or her annual report to the Minister under section 75 of the Act, report on—
(a)
the current state of SA Police, including its numbers, components, distribution and operational efficiency; and
(b)
the operations of SA Police; and
(c)
the offences reported in the State since the previous annual report; and
(d)
the formation and closure of police stations and offices; and
(e)
any other matter relevant to SA Police and its operations on which the Commissioner wishes to report or on which the Minister requires a report.

89ATerrorism intelligence

(1)
In accordance with section 74B(1) of the Act, each of the following authorities is designated as a terrorism intelligence authority:
(a)
SA Police;
(b)
the Police Force of the Northern Territory of Australia;
(c)
Victoria Police;
(d)
the Commissioner under the Corrections Act 1986 of Victoria.
(2)
In accordance with section 74B(2) of the Act, information may be classified by SA Police as terrorism intelligence in accordance with the following procedures:
(a)
information that is being considered for classification as terrorism intelligence must be assessed by a member of SA Police in accordance with guidelines established by the Commissioner;
(b)
the Commissioner may classify information that has been so assessed as terrorism intelligence;
(c)
the Commissioner may not delegate the function of classifying information as terrorism intelligence except to a Deputy Commissioner or Assistant Commissioner of Police.
(3)
The Commissioner must ensure that records are kept in relation to the use of terrorism intelligence.
(4)
The Commissioner must ensure that records referred to in subregulation (3) would enable the following information to be determined for each period of 12 months ending on 30 June:
(a)
the number of matters in relation to which terrorism intelligence was used during the period;
(b)
the number of individual pieces of terrorism intelligence used in relation to each such matter;
(c)
the relevant statutory provision for each such matter.
(5)
The Commissioner must ensure that all relevant provisions of Department of the Premier and Cabinet Circular PC030 - Protective Security Policy Framework (or any Department of the Premier and Cabinet Circular issued in substitution for that Circular) are complied with in relation to terrorism intelligence (including in relation to the records referred to in subregulation (3)).
(6)
For the purposes of paragraph (e) of the definition of terrorist offence in section 74B(12) of the Act, the following kinds of offences against the laws of South Australia are prescribed:
(a)
an offence against section 83CA of the Criminal Law Consolidation Act 1935;
(b)
any offence against Part 3D of the Criminal Law Consolidation Act 1935;
(c)
an offence against section 37 of the Summary Offences Act 1953.
(7)
For the purposes of paragraph (e) of the definition of terrorist offence in section 3(1) of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed:
(a)
an offence against section 310J of the Crimes Act 1900 of New South Wales;
(b)
the following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory:
(i)
an offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation;
(ii)
an offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation;
(iii)
an offence against section 54;
(iv)
an offence against section 55;
(c)
an offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria.
(8)
In this regulation—
terrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code.

90Remuneration on suspension, revocation of suspension

(1)
If a person's appointment is suspended by the Commissioner under the Act and remuneration is to be provided to the person while on suspension, the Commissioner must determine the manner in which the remuneration is to be calculated.

91Transport costs on transfer

(1)
Subject to this regulation and any general or special order of the Commissioner, if a member of SA Police is transferred to another position in SA Police and is reasonably required to change his or her place of residence as a consequence of that transfer, the reasonable transportation costs of the member in connection with that change of residence (provided that the transportation is undertaken in a manner approved by the Commissioner) are payable by the South Australian Police Department.
(2)
Subregulation (1) does not apply to a member's transportation costs if the transfer is effected—
(a)
at the member's request; or
(b)
in consequence of fault on the part of the member,
but the Commissioner may order that part or all of those costs be paid by the department.

92Liability for loss of equipment

An employee to whom equipment is issued is responsible for that equipment and is liable for any loss of or damage to the equipment incurred as a result of his or her negligence.

93Offence for former employees in the department to use or disclose information

(1)
A person who has been an employee in the department must not, after he or she ceases to be an employee in the department, use or disclose information gained by virtue of that employment if the use or disclosure of the information would constitute an offence or breach of the Code assuming that the person were still an employee in the department.

Maximum penalty: $1 250.

(2)
It is a defence to a charge of an offence against subregulation (1) if the person charged proves that he or she had lawful authority or excuse to so use or disclose the information.

Part 16Provisions enabling police security officers to perform certain additional dutiesDivision 1Preliminary94Interpretation

In this Part—
additional duties means additional duties imposed on police security officers, a class of police security officers or a specified police security officer or officers by the Commissioner under the Act (being additional duties contemplated by section 63D(2) of the Act).

95Application of Part

(1)
This Part applies to police security officers, a class of police security officers, or a specified police security officer or officers who are, pursuant to regulations made under section 63D(2) of the Act, able to perform additional duties.
(2)
Nothing in this Part limits the Commissioner's ability to impose limitations on the powers of a police security officer to whom this Part applies under section 63O of the Act.
(3)
Nothing in this Part limits or derogates from any other powers of a police security officer under the Act or any other Act or law.
(4)
This Part applies despite a provision of the Summary Offences Act 1953 or any other Act or law.

Division 2Provisions enabling police security officers to perform additional duties

96Power of arrest of certain police security officers

Pursuant to section 63D(2) of the Act, a police security officer to whom this Part applies, without any warrant other than this Part, at any hour of the day or night, may, in the course of performing additional duties, apprehend any person whom the police security officer finds committing, or has reasonable cause to suspect of having committed, or being about to commit, an offence.

97Person apprehended by police security officer without warrant – how dealt with

(1)
Pursuant to section 63D(2) of the Act, a person who is apprehended without warrant by a police security officer to whom this Part applies must, as soon as reasonably practicable, be delivered into the custody of a police officer.
(2)
Pursuant to section 63D(2) of the Act, if a police officer decides not to accept custody of a person apprehended by a police security officer, the police security officer must ensure that the person is, if the person so requires—
1. (a)
  returned to the place of apprehension; or
2. (b)
  delivered to another place that may be reasonably nominated by the person.
(3)
To avoid doubt, nothing in this Division limits any other power or discretion that a police officer into whose custody a person is delivered under subregulation (1) has in relation to the person.
Example—
A police officer may, for example, give the person a formal caution, release the person without charge or decide to report the person for the relevant offence.
(4)
Pursuant to section 63D(2) of the Act, section 78 of the Summary Offences Act 1953 will be taken not to apply to, or in relation to, the apprehension of a person by a police security officer to whom this Part applies during the period between apprehension and delivery into the custody of a police officer under subregulation (1) (however, section 78 will apply to, or in relation to, the person from the time the person is delivered into such custody).
(5)
Pursuant to section 63D(2) of the Act, the requirements under section 79A of the Summary Offences Act 1953 relating to the rights of a person apprehended by a police officer are modified as follows in relation to the apprehension of a person by a police security officer to whom this Part applies:
1. (a)
  the rights conferred on an apprehended person under that section will be taken not to apply until the person is delivered into the custody of a police officer; and
2. (b)
  for the purposes of that section, the apprehended person will, once delivered into the custody of a police officer, be taken to have been apprehended by the police officer.

98Other powers etc of police security officers performing additional duties

Pursuant to section 63D(2) of the Act, but subject to this Part and to any limitations imposed by the Commissioner, a police security officer to whom this Part applies—
(a)
has, in the course of performing additional duties, the same powers, responsibilities and immunities as a member of SA Police; and
(b)
has, in addition to the powers, privileges, duties and responsibilities conferred or imposed by this or any other Act, all such powers, privileges, duties and responsibilities as a constable has by the common law.

Division 3Miscellaneous

99Application of section 82A of Summary Offences Act 1953

Pursuant to section 63D of the Act, section 82A of the Summary Offences Act 1953 applies to a police security officer to whom this Part applies as if a reference in that section to a police officer were a reference to a police security officer.

100Form of oath or affirmation

(1)
For the purposes of section 63G of the Act, the form of the oath or affirmation to be made by a police security officer on appointment is as set out in Schedule 3A.
(2)
An oath or affirmation in the form specified in Schedule 3A may be made before a justice of the peace for South Australia or of another State or a Territory of the Commonwealth.

101Liability for loss of equipment

A police security officer to whom equipment is issued is responsible for that equipment and is liable for any loss of or damage to the equipment incurred as a result of the police security officer's negligence.

102Offence for former police security officers to use or disclose information

(1)
A person who has been a protective security officer (within the meaning of the Protective Security Act 2007) or police security officer must not, after the person ceases to be a protective security officer or police security officer (as the case requires), use or disclose information gained by virtue of that appointment if the use or disclosure of the information would constitute an offence or breach of the Code assuming that the person were a police security officer.

Penalty: $1 250.

(2)
It is a defence to a charge of an offence against subregulation (1) if the person charged proves that they had lawful authority or excuse to so use or disclose the information.

Schedule 3—Form of oath or affirmation

1—Form of oath or affirmation for member of SA Police (other than a community constable)

I, AB, do swear [or I, AB, do solemnly and truly declare and affirm] that I will well and truly serve Her Majesty Queen Elizabeth II and Her heirs and successors according to law, as a member of South Australia Police, without favour or affection, malice or ill‑will; that to the best of my power I will cause Her Majesty's peace to be kept throughout the State and prevent the commission of offences against the peace or against the laws of the State; and that I will faithfully discharge all duties imposed on me as a member of South Australia Police—[So help me God!]

Taken at:

this day of 20

Before me

Justice of the Peace:

2—Form of oath or affirmation for community constable

I, AB, do swear [or I, AB, do solemnly and truly declare and affirm] that I will well and truly serve Her Majesty Queen Elizabeth II and Her heirs and successors according to law in the office of community constable, without favour or affection, malice or ill‑will; and that I will faithfully discharge all duties imposed on me as a community constable—[So help me God!]

Taken at:

this day of 20

Before me

Justice of the Peace:

3—Form of oath or affirmation for special constable

I, AB, do swear [or I, AB, do solemnly and truly declare and affirm] that I will well and truly serve Her Majesty Queen Elizabeth II and Her heirs and successors according to law in the office of special constable, without favour or affection, malice or ill‑will; and that I will faithfully discharge all duties imposed on me as a special constable—[So help me God!]

Taken at:

this day of 20

Before me

Justice of the Peace:

Schedule 3A—Form of oath or affirmation—police security officers

1—Form of oath or affirmation for police security officer

I, A.B. do swear [or I, A.B. do solemnly and truly declare and affirm] that I will well and truly serve His Majesty King Charles III and His heirs and successors according to law in the office of police security officer, without favour or affection, malice or ill will; and that I will faithfully discharge all duties imposed on me as a police security officer—[So help me God!].

Taken at:

this day of 20

Before me

Justice of the Peace:

Schedule 4—Revocation and transitional provisions

1—Revocation of Police Regulations 1999

The Police Regulations 1999 are revoked.

2—Leave rights

Subject to these regulations, existing and accruing rights in respect of leave of employees remain in full force and effect.

3—Property currently in custody of SA Police

(1)
Subject to subclause (2), Part 13 of these regulations applies to property received, seized or otherwise taken into the custody of SA Police before or after the commencement of these regulations.
(2)
The Police Regulations 1999 continue in force in relation to found property claimed by the finder in accordance with those regulations prior to 1 July 1999.

4—Administrative acts

An administrative act under a provision of the previous regulations that substantially corresponds to a provision of these regulations will, subject to later administrative acts and these regulations, be taken to be an administrative act under the corresponding provision of these regulations.

Legislative history

Notes

•
Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•
Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations and variations
New entries appear in bold.
Year
No
Reference
Commencement
2014
231
Gazette 28.8.2014 p4169
1.9.2014: r 2
2014
246
Gazette 25.9.2014 p5993
25.9.2014: r 2
2015
96
Gazette 18.6.2015 p2654
1.7.2015: r 2
2016
66
Gazette 23.6.2016 p2173
1.7.2016: r 2
2017
49
Gazette 16.5.2017 p1278
1.7.2017: r 2
2017
180
Gazette 22.6.2017 p2478
1.7.2017: r 2
2017
262
Gazette 29.8.2017 p3814
4.9.2017: r 2
2018
40
Gazette 13.2.2018 p776
26.2.2018: r 2
2018
133
Gazette 21.6.2018 p2362
1.7.2018: r 2
2019
23
Gazette 21.3.2019 p930
1.4.2019: r 2
2019
130
Gazette 13.6.2019 p2016
1.7.2019: r 2
2019
214
Gazette 26.9.2019 p3368
26.9.2019: r 2
2020
191
Gazette 4.6.2020 p3061
1.7.2020: r 2
2021
56
Gazette 20.5.2021 p1422
1.7.2021: r 2
2022
90
Gazette 6.10.2022 p6293
10.10.2022: r 2
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Pt 1
r 2
omitted under Legislation Revision and Publication Act 2002
25.9.2014
r 3
Code of Conduct
deleted by 90/2022 r 3(1)
10.10.2022
employee in the department
amended by 90/2022 r 3(2)
10.10.2022
Pt 2

r 5	varied by 262/2017 r 4	4.9.2017
Pts 5 and 6	deleted by 262/2017 r 5	4.9.2017
Pt 7
r 29
r 29(1)
prescribed drug	substituted by 23/2019 r 4	1.4.2019
test subject	amended by 90/2022 r 4	10.10.2022
r 29A	inserted by 23/2019 r 5	1.4.2019
r 30
r 30(2) and (3)	substituted by 23/2019 r 6	1.4.2019
r 31	substituted by 23/2019 r 7	1.4.2019
r 32
r 32(1)	(c) deleted by 23/2019 r 8(1)	1.4.2019
varied by 23/2019 r 8(1), (2)	1.4.2019
r 41
r 41(10a)—(10c)	inserted by 23/2019 r 9(1)	1.4.2019
r 41(13)	(c) deleted by 23/2019 r 9(2)	1.4.2019
Pt 9	substituted by 56/2021 r 4	1.7.2021
Pt 10
r 50	deleted by 262/2017 r 6	4.9.2017
r 53
r 53(1)	amended by 90/2022 r 5	10.10.2022
r 54
r 54(1)	varied by 49/2017 r 4(1)	1.7.2017
amended by 90/2022 r 6(1)	10.10.2022
r 54(2)	varied by 49/2017 r 4(2)	1.7.2017
amended by 90/2022 r 6(2), (3)	10.10.2022
r 54(3)	varied by 49/2017 r 4(3)	1.7.2017
amended by 90/2022 r 6(4), (5)	10.10.2022
r 54(4)	varied by 49/2017 r 4(4), (5)	1.7.2017
r 54(5)	substituted by 49/2017 r 4(6)	1.7.2017
amended by 90/2022 r 6(6)	10.10.2022
r 54(6)	varied by 49/2017 r 4(7)	1.7.2017
Pt 13
r 68
r 68(1)	r 68 redesignated as r 68(1) by 90/2022 r 7	10.10.2022
r 68(2)	inserted by 90/2022 r 7	10.10.2022
Pt 14
r 85
r 85(2)	amended by 90/2022 r 8	10.10.2022
Pt 15
r 89A	inserted by 40/2018 r 4	26.2.2018
r 89A(1)	substituted by 214/2019 r 4(1)	26.9.2019
r 89A(6)	varied by 214/2019 r 4(2)	26.9.2019
r 89A(7) and (8)	inserted by 214/2019 r 4(3)	26.9.2019
r 90
r 90(2)	deleted by 262/2017 r 7	4.9.2017
Pt 16	inserted by 90/2022 r 9	10.10.2022
Sch 1	substituted by 96/2015 r 4	1.7.2015
substituted by 66/2016 r 4	1.7.2016
substituted by 180/2017 r 4	1.7.2017
substituted by 133/2018 r 4	1.7.2018
substituted by 130/2019 r 4	1.7.2019
deleted by 191/2020 r 4	1.7.2020
Sch 2	deleted by 262/2017 r 8	4.9.2017
Sch 3
Form 1	substituted by 246/2014 r 4	25.9.2014
Sch 3A	inserted by 90/2022 r 10	10.10.2022

Historical versions

25.9.2014
1.7.2015
1.7.2016
1.7.2017
4.9.2017
26.2.2018
1.7.2018
1.4.2019
1.7.2019
26.9.2019
1.7.2020
1.7.2021

Year	No	Reference	Commencement
2014	231	Gazette 28.8.2014 p4169	1.9.2014: r 2
2014	246	Gazette 25.9.2014 p5993	25.9.2014: r 2
2015	96	Gazette 18.6.2015 p2654	1.7.2015: r 2
2016	66	Gazette 23.6.2016 p2173	1.7.2016: r 2
2017	49	Gazette 16.5.2017 p1278	1.7.2017: r 2
2017	180	Gazette 22.6.2017 p2478	1.7.2017: r 2
2017	262	Gazette 29.8.2017 p3814	4.9.2017: r 2
2018	40	Gazette 13.2.2018 p776	26.2.2018: r 2
2018	133	Gazette 21.6.2018 p2362	1.7.2018: r 2
2019	23	Gazette 21.3.2019 p930	1.4.2019: r 2
2019	130	Gazette 13.6.2019 p2016	1.7.2019: r 2
2019	214	Gazette 26.9.2019 p3368	26.9.2019: r 2
2020	191	Gazette 4.6.2020 p3061	1.7.2020: r 2
2021	56	Gazette 20.5.2021 p1422	1.7.2021: r 2
2022	90	Gazette 6.10.2022 p6293	10.10.2022: r 2

Provision	How varied	Commencement
Pt 1
r 2	omitted under Legislation Revision and Publication Act 2002	25.9.2014
r 3
Code of Conduct	deleted by 90/2022 r 3(1)	10.10.2022
employee in the department	amended by 90/2022 r 3(2)	10.10.2022
Pt 2