{"id":"police-act-1998","name":"Police Act 1998","slug":"police-act-1998","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106289,"registerId":"sa-police-act-1998-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Police Act 1998.\n3—Interpretation\nIn this Act—\nAssistant Commissioner means an Assistant Commissioner of Police appointed under Part 3;\nCode means—\n\t(a)\tin relation to police security officers—the code of conduct for the maintenance of professional standards by police security officers established under the Police Complaints and Discipline Act 2016, as in force from time to time; or\n\t(b)\tin any other case—the code of conduct for the maintenance of professional standards by designated officers established under the Police Complaints and Discipline Act 2016, as in force from time to time;\nCommissioner means the Commissioner of Police appointed under Part 3;\ncommunity constable means a person appointed under Part 4 to be a community constable, and community police means community constables as a group;\nDeputy Commissioner means the Deputy Commissioner of Police appointed under Part 3;\nmember of SA Police means the Commissioner, the Deputy Commissioner or an Assistant Commissioner or any person appointed under Part 4, but does not include a police cadet, police medical officer, special constable or police security officer;\nmerit, in relation to selection processes for filling positions, means—\n\t(a)\tthe extent to which each of the applicants has a record of good conduct and integrity; and\n\t(b)\tthe extent to which each of the applicants has abilities, aptitude, skills, qualifications, knowledge, experience (including community experience), potential for development and personal qualities relevant to the carrying out of the duties in question; and\n\t(c)\tthe manner in which each of the applicants carried out any previous employment or occupational duties or functions;\nofficer means a member of SA Police of or above the rank of inspector;\npolice cadet means a person appointed under Part 5 to be a police cadet;\nPolice Review Tribunal means the Police Review Tribunal established under Schedule 1;\npolice security officer means a person appointed under Part 9A as a police security officer;\nSAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;\nSouth Australia Police or SA Police see section 4;\nselection processes means processes by which applications are sought and applicants selected for the purpose of filling a position;\nspecial constable means a person appointed under Part 9 to be a special constable.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"General","content":"Part 2—General\n4—Composition of police\nSouth Australia Police (in this Act referred to as SA Police) consists of—\n\t(a)\tthe Commissioner of Police; and\n\t(b)\tthe Deputy Commissioner of Police; and\n\t(c)\tthe Assistant Commissioners of Police; and\n\t(d)\tthe other officers and members (including community constables) appointed under Part 4.\n5—Purpose of police\nThe purpose of SA Police is to reassure and protect the community in relation to crime and disorder by the provision of services to—\n\t(a)\tuphold the law; and\n\t(b)\tpreserve the peace; and\n\t(c)\tprevent crime; and\n\t(d)\tassist the public in emergency situations; and\n\t(e)\tco-ordinate and manage responses to emergencies; and\n\t(f)\tregulate road use and prevent vehicle collisions.\n6—Commissioner responsible for control and management of police\nSubject to this Act and any written directions of the Minister, the Commissioner is responsible for the control and management of SA Police.\n7—Exclusion of directions in relation to employment of particular persons\nNo Ministerial direction may be given to the Commissioner in relation to the appointment, transfer, remuneration, discipline or termination of a particular person.\n8—Directions to Commissioner to be Gazetted and laid before Parliament\nThe Minister must cause a copy of any direction given to the Commissioner to be—\n\t(a)\tpublished in the Gazette within eight days of the date of the direction; and\n\t(b)\tlaid before each House of Parliament within six sitting days of the date of the direction if Parliament is then in session, or, if not, within six sitting days after the commencement of the next session of Parliament.\n9—Commissioner also responsible for control and management of police cadets, police medical officers and police security officers\nThe Commissioner is also responsible for the control and management of the police cadets, police medical officers and police security officers.\n10—General management aims and standards\n\t(1)\tThe Commissioner must ensure that management practices are followed with respect to SA Police, police cadets, police medical officers and police security officers that are directed towards—\n\t(a)\teffective, responsive and efficient delivery of services; and\n\t(b)\tmaintenance of structures, systems and processes that are not excessively formal and can adapt quickly to changing demands; and\n\t(c)\tdevelopment, encouragement and full utilisation of the abilities of all personnel through ongoing training and education and appropriate remuneration; and\n\t(d)\teffective, prudent and fully accountable management of resources; and\n\t(e)\tcontinuous improvement in the delivery of services.\n\t(2)\tWith respect to personnel management, the Commissioner must ensure that practices are followed under which—\n\t(a)\tselection processes for filling positions are based on a proper assessment of merit; and\n\t(b)\temployees are treated fairly and consistently and are not subjected to arbitrary or capricious administrative decisions; and\n\t(c)\tthere is no unlawful discrimination against employees or persons seeking to become employees; and\n\t(d)\tthe diversity of personnel is used to advantage; and\n\t(e)\tequal opportunities for promotion and advancement are afforded to all employees; and\n\t(f)\temployees are afforded reasonable avenues of redress against improper or unreasonable administrative decisions; and\n\t(g)\tworking conditions are kept safe and healthy; and\n\t(h)\tthere is no nepotism or patronage.\n11—Orders\n\t(1)\tThe Commissioner may make or give general or special orders, not inconsistent with this Act, for the control and management of SA Police, police cadets, police medical officers and police security officers.\n\t(2)\tThe orders may make provision concerning—\n\t(a)\tthe various duties to be performed; and\n\t(b)\tthe manner in which and the time and place at which the various duties are to be performed and any other matters relating to their performance; and\n\t(c)\tthe requirements or qualifications for appointment or promotion; and\n\t(d)\tother matters that the Commissioner considers relevant to the control and management of SA Police, police cadets, police medical officers and police security officers.\n\t(3)\tThe general or special orders of the Commissioner—\n\t(a)\tmay be varied or revoked by the Commissioner; and\n\t(b)\twill not be taken to be a form of subordinate legislation to which the Subordinate Legislation Act 1978 applies.\n\t(4)\tThe power of the Commissioner to give binding orders or directions is not restricted by the provision for the making of general or special orders or the contents of any general or special orders.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Commissioner, Deputy Commissioner and Assistant Commissioners","content":"Part 3—Commissioner, Deputy Commissioner and Assistant Commissioners\n12—Appointment of Commissioner of Police\nThe Governor may appoint a person to be the Commissioner of Police.\n13—Conditions of Commissioner's appointment\n\t(1)\tThe conditions of appointment of the Commissioner are to be subject to a contract between the Commissioner and the Premier.\n\t(2)\tThe contract must specify—\n\t(a)\tthat the Commissioner is appointed for a term not exceeding five years specified in the contract and is eligible for reappointment; and\n\t(b)\tthat the Commissioner is to meet performance standards as set from time to time by the Minister (which must be consistent with the aims and requirements of this Act); and\n\t(c)\tthat the Commissioner is entitled to remuneration and other benefits specified in the contract; and\n\t(d)\tthe sums representing the values of the benefits (other than remuneration); and\n\t(e)\tthe total remuneration package value under the contract.\n\t(3)\tThe decision whether to reappoint at the end of a term of appointment must be made and notified to the Commissioner not less than three months before the end of the term.\n\t(4)\tThe remuneration and other monetary benefits under the contract are a charge on the Consolidated Account of the State which is appropriated to the necessary extent.\n\t(5)\tThe Minister must, on setting or varying the performance standards to be met by the Commissioner, cause a statement of the standards or variation to be laid before each House of Parliament within six sitting days if Parliament is then in session or, if not, within six sitting days after the commencement of the next session of Parliament.\n\t(6)\tThe Minister must, on notifying a person of a decision not to reappoint the person as the Commissioner at the end of a term of appointment, cause a statement of the reasons for that decision to be laid before each House of Parliament within six sitting days if Parliament is then in session or, if not, within six sitting days after the commencement of the next session of Parliament.\n14—Deputy Commissioner\n\t(1)\tThe Governor may appoint a Deputy Commissioner of Police.\n\t(2)\tThe Deputy Commissioner must exercise and perform such of the powers, authorities, duties and functions of the Commissioner as the Commissioner may direct (either generally or in a special case).\n\t(3)\tWhen the Commissioner is absent from duty because of illness or for any other reason, or during a vacancy in the position of the Commissioner, the Deputy Commissioner may exercise and perform all the powers, authorities, duties, and functions conferred or imposed on the Commissioner by or under this or another Act or any law.\n15—Assistant Commissioners\n\t(1)\tThe Commissioner may appoint as many Assistant Commissioners of Police as the Commissioner thinks necessary.\n\t(2)\tWhen the Deputy Commissioner is absent from duty because of illness or for any other reason, or during a vacancy in the position of the Deputy Commissioner—\n\t(a)\tthe Assistant Commissioner nominated in writing by the Commissioner; or\n\t(b)\tif that Assistant Commissioner is absent from duty for any reason, the Assistant Commissioner who is the most senior Assistant Commissioner on duty at the time,\nmay exercise and perform all the powers, authorities, duties and functions conferred or imposed on the Deputy Commissioner.\n16—Conditions of appointment of Deputy and Assistant Commissioners\n\t(1)\tThe conditions of appointment of the Deputy Commissioner or an Assistant Commissioner are to be subject to a contract between the Deputy or Assistant Commissioner and the Commissioner.\n\t(2)\tThe contract must specify—\n\t(a)\tthat the Deputy or Assistant Commissioner is appointed for a term not exceeding five years specified in the contract and is eligible for reappointment; and\n\t(b)\tthat the Deputy or Assistant Commissioner is to meet performance standards as set from time to time by the Commissioner and published in the Gazette; and\n\t(c)\tthat the Deputy or Assistant Commissioner is entitled to remuneration and other benefits specified in the contract; and\n\t(d)\tthe sums representing the values of the benefits (other than remuneration); and\n\t(e)\tthe total remuneration package value under the contract.\n\t(3)\tThe decision whether to reappoint at the end of a term of appointment must be made and notified to the Deputy or Assistant Commissioner not less than three months before the end of the term.\n\t(4)\tIf, immediately before a person was first appointed as an Assistant Commissioner, he or she held an appointment under this Act or the Act repealed by this Act (the person's former appointment), the person is, on not being reappointed at the end of a term of appointment, entitled to an appointment at the same rank as the person's former appointment.\n17—Termination of appointment of Commissioner or Deputy or Assistant Commissioner\n\t(1)\tThe appointment of the Commissioner or Deputy Commissioner may be terminated by the Governor and the appointment of an Assistant Commissioner may be terminated by the Commissioner on the ground that the Commissioner or Deputy or Assistant Commissioner—\n\t(a)\thas been guilty of misconduct; or\n\t(b)\thas been convicted of an offence punishable by imprisonment; or\n\t(c)\thas engaged in any remunerative employment, occupation or business outside official duties without the consent of the Minister in the case of the Commissioner or the Deputy Commissioner, or the consent of the Commissioner in the case of an Assistant Commissioner; or\n\t(d)\thas become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or\n\t(e)\thas, because of mental or physical incapacity, failed to carry out duties satisfactorily or to the performance standards set under the contract relating to his or her appointment; or\n\t(f)\thas, for any other reason, failed to carry out duties in a manner that satisfies the performance standards set under the contract relating to his or her appointment.\n\t(2)\tThe Minister must, on terminating the appointment of the Commissioner, cause a statement of the reasons for that decision to be laid before each House of Parliament within six sitting days if Parliament is then in session or, if not, within six sitting days after the commencement of the next session of Parliament.\n18—Resignation\n\t(1)\tThe Commissioner or the Deputy Commissioner may resign by not less than three months notice in writing to the Minister (unless notice of a shorter period is accepted by the Minister).\n\t(2)\tAn Assistant Commissioner may resign by not less than three months notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).\n19—Delegation\n\t(1)\tThe Commissioner may, by instrument in writing, delegate any of the powers or functions conferred on, or assigned to, the Commissioner by or under this or any other Act—\n\t(a)\tto a particular person; or\n\t(b)\tto the person for the time being occupying a particular position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be subdelegated.\n\t(3)\tA delegation or subdelegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act personally in any matter; and\n\t(c)\tis revocable at will by the delegator.\n\t(4)\tA copy of every instrument of delegation issued by the Commissioner under this section must be retained as part of the records of SA Police.\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Other members of SA Police","content":"Part 4—Other members of SA Police\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Appointment and resignation","content":"Division 1—Appointment and resignation\n20—Appointment of officers\nThe Commissioner may appoint as many commanders, superintendents, inspectors and other officers of police as the Commissioner thinks necessary.\n21—Appointment of sergeants and constables\nThe Commissioner may appoint as many sergeants and constables as the Commissioner thinks necessary.\n22—Further division of ranks\nThe ranks of officers and other members of SA Police may be further divided or consolidated under the regulations.\n23—Term appointments for certain positions\n\t(1)\tAn appointment of a person who is not a member of SA Police to a position in SA Police of or above the rank of senior constable may be made (but is not required to be made)—\n\t(a)\tfor a term not exceeding five years specified in the instrument of appointment; and\n\t(b)\ton such conditions as to remuneration or any other matter as the Commissioner considers appropriate.\n\t(2)\tA person must not be appointed for a term under this section except—\n\t(a)\twhere the person has special expertise that is required but not available within SA Police; or\n\t(b)\tin other cases of a special kind prescribed by regulation.\n\t(3)\tThe term of an appointment under this section may not be extended so that it exceeds five years and a person may not be reappointed under this section so that the terms in aggregate exceed five years.\n24—Appointment of community police\n\t(1)\tThe Commissioner may appoint as many community constables as the Commissioner thinks necessary.\n\t(2)\tA community constable will be appointed for the whole of the State or an area of the State specified in the instrument of appointment.\n\t(3)\tThe Commissioner may, by written notice to a community constable, vary the area in relation to which the appointment is effective.\n\t(4)\tThe Commissioner may give a community constable position and its occupant a title that reflects an area limitation or other characteristic of the position, and may vary such a title.\n\t(5)\tDivision 2 of this Part contains other special provisions relating to community police.\n25—Police oath or affirmation\nA person's appointment as a member of SA Police (including appointment as the Commissioner, the Deputy Commissioner or an Assistant Commissioner) is rendered void if the person does not on appointment make an oath or affirmation in the form prescribed by regulation.\n26—Effect of appointment and oath or affirmation\n\t(1)\tA person who is appointed as a member of SA Police and makes the prescribed oath or affirmation will be taken to have entered into an agreement to serve in SA Police in each position that the person may hold until he or she lawfully ceases to be a member of SA Police.\n\t(2)\tNo such agreement is void for want of consideration.\n27—Probationary appointment\n\t(1)\tSubject to this section, a person's appointment to a position in SA Police will be on probation for a period determined by the Commissioner not exceeding—\n\t(a)\tin the case of a person who, immediately before appointment, was not a member of SA Police—two years; or\n\t(b)\tin any other case—one year.\n\t(2)\tFor the purposes of subsection (1), the period of probationary service of a member of SA Police does not include—\n\t(a)\tif the Commissioner so determines—the whole or a part of any period during which the member, while on full or reduced pay—\n\t(i)\tis absent from duty (other than on recreation leave); or\n\t(ii)\tperforms duties that have been limited or varied by reason of physical or mental disability or illness of the member; or\n\t(b)\texcept where the Commissioner determines to the contrary—\n\t(i)\tany period during which the member is absent from duty without pay; or\n\t(ii)\tany period during which the member's appointment is suspended.\n\t(3)\tThe Commissioner may at any time during the period of probation of a member, having regard to the person's suitability for permanent appointment—\n\t(a)\tconfirm the appointment; or\n\t(b)\textend or further extend the period of the probation for such period as the Commissioner determines, but not so that the total period of probation exceeds the maximum period allowed in relation to the person under this section; or\n\t(c)\tterminate the appointment.\n\t(5)\tAn appointment on probation will be taken to have been confirmed if, at the end of the period of probation, the appointment has not previously been confirmed or terminated.\n\t(6)\tIf—\n\t(a)\ta person's appointment is terminated under this section; and\n\t(b)\tthe person's appointment constituted a promotion from another position in SA Police of a lower rank,\nthe person will, on the termination, revert to a position in SA Police approved by the Commissioner at that lower rank.\n\t(7)\tThis section does not apply to the following appointments:\n\t(a)\tappointment as the Commissioner, the Deputy Commissioner or an Assistant Commissioner;\n\t(b)\tappointment for a term under this Division;\n\t(c)\tsubject to subsection (8)—appointment of a member of SA Police to another position of the same rank as that held by the member immediately before the appointment to the other position;\n\t(d)\tappointment as a community constable.\n\t(8)\tIf the appointment of a member of SA Police to a position is on probation and the member is, during the probationary period, appointed to another position of the same rank, the period of probation carries over to that other appointment (and the provisions of this section (other than subsection (7)(c)) apply accordingly). \n28—Performance standards for officers\nIt is a condition of appointment as an officer below the rank of Assistant Commissioner that the officer is to meet performance standards as set from time to time by the Commissioner.\n29—Resignation and relinquishment of official duties\n\t(1)\tA member of SA Police (other than the Commissioner, the Deputy Commissioner or an Assistant Commissioner) may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).\n\t(2)\tA member of SA Police (other than the Commissioner, the Deputy Commissioner or an Assistant Commissioner) must not relinquish official duties unless the member—\nMaximum penalty: $1 250 or three months imprisonment.\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Special provisions relating to community police","content":"Division 2—Special provisions relating to community police\n30—Powers, responsibilities and immunities of community police\n\t(1)\tA community constable's powers, responsibilities and immunities as a member of SA Police are subject to any limitation imposed by the Commissioner.\n\t(2)\tThe Commissioner—\n\t(a)\tmay impose a limitation on the powers, responsibilities or immunities of a community constable by—\n\t(i)\tinstrument of appointment of the community constable; or\n\t(ii)\tnotice in writing to the community constable; and\n\t(b)\tmay vary or revoke such a limitation by notice in writing to the community constable.\n\t(3)\tLimitations imposed under this section may vary from one community constable to another.\n31—Suspension or termination of appointment of community police\n\t(1)\tSubject to subsection (2), the Commissioner may, at the Commissioner's discretion, suspend or terminate the appointment of a community constable.\n\t(2)\tThe Commissioner must not take action against a community constable under this section because of any incapacity of the community constable to perform duties that results from physical or mental disability or illness of the community constable without first complying with the requirements of the Police Superannuation Act 1990.\n32—Conditions of appointment of community police\n\t(1)\tThe conditions of appointment of a community constable may be determined by the Commissioner.\n\t(2)\tA determination by the Commissioner must provide for the payment of remuneration, allowances and expenses in accordance with a specified scale.\n\t(3)\tA determination under this section may relate to community police generally, a class of community police or a particular community constable.\n","sortOrder":5},{"sectionNumber":"Part 5","sectionType":"part","heading":"Police cadets and police medical officers","content":"Part 5—Police cadets and police medical officers\n33—Police cadets\n\t(1)\tThe Commissioner may appoint as many police cadets as the Commissioner thinks necessary.\n\t(2)\tA police cadet is not a member of SA Police and is not a public service employee.\n34—Suspension or termination of appointment of police cadets\nThe Commissioner may, at the Commissioner's discretion, suspend or terminate the appointment of a police cadet.\n35—Resignation and relinquishment of official duties\n\t(1)\tA police cadet may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).\n\t(2)\tA police cadet must not relinquish official duties unless the police cadet—\nMaximum penalty: $1 250 or three months imprisonment.\n36—Police medical officers\n\t(1)\tThe Commissioner may appoint a legally qualified medical practitioner to be a police medical officer.\n\t(2)\tThe appointment of a police medical officer will be on terms and conditions fixed by the Commissioner.\n\t(3)\tA police medical officer is not a member of SA Police and is not a public service employee.\n\t(4)\tA police medical officer must perform such duties as are arranged between the Commissioner and the officer.\n","sortOrder":6},{"sectionNumber":"Part 6","sectionType":"part","heading":"Drug and alcohol testing","content":"Part 6—Drug and alcohol testing\nDivision 2—Drug and alcohol testing\n41A—Interpretation\n\t(1)\tIn this Division—\nalcotest means a test by means of an apparatus of a kind approved for the conduct of alcotests under the Road Traffic Act 1961;\nbiological sample means a sample of blood, urine or oral fluid;\nbreath analysing instrument means an apparatus of a kind approved as a breath analysing instrument under the Road Traffic Act 1961;\nbreath analysis means an analysis of breath by a breath analysing instrument;\nclassified appointment or position means an appointment or position in respect of which it is an essential requirement that an applicant for the appointment or position undergo a medical or psychological assessment as part of the application process;\ncritical incident means an incident where a person is killed or suffers serious bodily injury—\n\t(a)\twhile detained by a member of SA Police or a police security officer; or\n\t(b)\tas a result of the discharge of a firearm or an electronic control device; or\n\t(c)\tin circumstances involving a police aircraft, or a police or police security motor vehicle, vessel or other mode of transport; or\n\t(d)\tas a result of alleged police action or the actions of a police security officer;\ndrug means a substance that is a controlled drug under the Controlled Substances Act 1984;\ndrug and alcohol testing—see section 41B(1);\ndrug screening test means a test by means of an apparatus of a kind approved by the regulations for the conduct of drug screening tests;\nforensic material means any human material from which the person from whom the material was taken could be identified;\noral fluid includes saliva;\noral fluid analysis means the analysis of a person's oral fluid to determine whether a drug is present in the oral fluid.\n\t(2)\tFor the purposes of this Division, a person uses a drug if the person—\n\t(a)\tconsumes, smokes or administers to himself or herself the drug; or\n\t(b)\tpermits another person to administer the drug to him or her.\n41B—Drug and alcohol testing\n\t(1)\tA member of SA Police, a police cadet or a police security officer may, in accordance with this section, be required to do any of the following:\n\t(a)\tto submit to an alcotest or breath analysis, or both, for the purpose of testing for the presence of alcohol;\n\t(ab)\tto submit to a drug screening test for the purpose of testing for the presence of drugs;\n\t(b)\tto provide a biological sample for the purpose of a blood test, urinalysis or an oral fluid analysis to test for the presence of alcohol or drugs,\n(drug and alcohol testing).\n\t(2)\tA member of SA Police, a police cadet or a police security officer may be required to undergo drug and alcohol testing, in accordance with orders or directions of the Commissioner, in any of the following circumstances:\n\t(a)\tif the member, police cadet or police security officer has, while on duty, been involved in a critical incident;\n\t(b)\tif the member, police cadet or police security officer has, while on duty, engaged in driving that is classified by the Commissioner in orders as high risk;\n\t(c)\tif there is a reasonable cause to believe that the member, police cadet or police security officer has recently consumed alcohol or used a drug;\n\t(d)\tif the member, police cadet or police security officer is applying for a classified appointment or position.\n41C—Drug and alcohol testing of applicants to SA Police etc\n\t(1)\tA person to whom this subsection applies will, in accordance with orders or directions of the Commissioner, be required to do any of the following:\n\t(a)\tto submit to an alcotest or breath analysis, or both, for the purpose of testing for the presence of alcohol;\n\t(ab)\tto submit to a drug screening test for the purpose of testing for the presence of drugs;\n\t(b)\tto provide a biological sample for the purpose of a blood test, urinalysis or an oral fluid analysis to test for the presence of alcohol or drugs.\n\t(2)\tSubsection (1) applies to—\n\t(a)\ta person applying to be a police cadet; and\n\t(ab)\ta person applying to be a police security officer; and\n\t(b)\ta person who is not either a member of SA Police, a police cadet or a police security officer applying for appointment to SA Police.\n41D—Procedures for drug and alcohol testing\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Division.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe procedures for drug and alcohol testing; and\n\t(b)\tprovide for the authorisation of persons to conduct drug and alcohol testing and operate equipment for that purpose; and\n\t(c)\tregulate the collection of biological samples taken from persons for the purposes of drug and alcohol testing under this Division; and\n\t(d)\tprovide for the analysis of test results, including the accreditation of persons conducting the analysis; and\n\t(e)\tprovide for the approval of devices used in carrying out drug and alcohol testing and analysis; and\n\t(f)\tprovide for the use of results from any testing or analysis, or the steps that may be taken on account of any testing or any evidence or information produced as a result of testing; and\n\t(g)\tprescribe the circumstances that amount to a defence to a breach of the Code or the regulations, including where the consumption of alcohol or drugs occurs after police work or police security work (as the case requires) has been carried out; and\n\t(h)\tprescribe evidentiary provisions to facilitate proof of contraventions of the Code or the regulations for the purposes of proceedings relating to those contraventions; and\n\t(i)\tprovide for the confidentiality of test results; and\n\t(j)\tregulate the destruction of biological samples collected for testing; and\n\t(k)\tprovide for the protection of persons involved in taking or conducting testing from liability for acts or omissions done in good faith and in accordance with this Division.\n41E—Biological samples, test results etc not to be used for other purposes\n\t(1)\tA biological sample (and any other forensic material taken incidentally in the course of testing a person for the presence of drugs or alcohol) taken under this Division must not be used for any purpose other than—\n\t(a)\tfor a purpose contemplated by this Division; or\n\t(b)\tin connection with the control and management of SA Police or police security officers (as the case requires); or\n\t(c)\tfor the purpose of disciplinary proceedings under this Act or the Police Complaints and Discipline Act 2016.\n\t(2)\tThe results of any drug and alcohol testing or analysis conducted under this Division, or an admission or a statement made by a person relating to such drug and alcohol testing, is not admissible in any proceedings other than disciplinary proceedings under this Act.\n","sortOrder":7},{"sectionNumber":"Part 7","sectionType":"part","heading":"Termination and transfer of police","content":"Part 7—Termination and transfer of police\n45—Physical or mental disability or illness\n\t(1)\tIf the Commissioner is satisfied after due inquiry that the appointment of a member of SA Police should be terminated because of the member's incapacity to perform duties as a member by reason of physical or mental disability or illness, the Commissioner may terminate the appointment of the member.\n\t(2)\tThe Commissioner must not terminate the appointment of a police officer under subsection (1) without first complying with—\n\t(a)\tif the officer is a contributor in relation to the scheme of superannuation established by the Police Superannuation Act 1990—the requirements of that Act; or\n\t(b)\tif the officer is a member of the Southern State Superannuation Scheme established by the Southern State Superannuation Act 1994—the requirements of that Act.\n\t(3)\tThis section does not apply in relation to an officer appointed under Part 3.\n46—Unsatisfactory performance\n\t(1)\tIf the Commissioner is satisfied that—\n\t(a)\ta member of SA Police is not performing duties of his or her position satisfactorily or to applicable performance standards; and\n\t(b)\tit is not practicable to transfer the member to another position of the same rank with duties suited to the member's capabilities or qualifications,\nthe Commissioner may, if it is practicable to do so, transfer the member to a position of a lower rank with duties suited to the member's capabilities or qualifications.\n\t(2)\tIf it is not practicable to transfer the member to a position of the same or a lower rank, the Commissioner may terminate the appointment of the member.\n\t(3)\tThis section does not apply in relation to an officer appointed under Part 3.\n\t(4)\tThis section does not apply if a member's unsatisfactory performance is due to—\n\t(a)\tphysical or mental disability or illness of the member; or\n\t(b)\tlack of necessary resources or training or other organisational factors beyond the member's control.\n\t(5)\tThe Commissioner must not take action under this section unless—\n\t(a)\tthe member has first been advised of his or her unsatisfactory performance and given specific details of the areas of his or her underperformance, the performance standards to be attained and the measures to be taken for improvement; and\n\t(b)\tthe member has been allowed a period of not less than three months and not more than six months for improvement to the specified standards; and\n\t(c)\ta panel of persons has been convened, and has made a decision, in accordance with the regulations, confirming that the processes followed and assessments made in relation to the member and his or her underperformance conformed to the requirements of this section and were reasonable in the circumstances.\n47—Power to transfer\n\t(1)\tThe Commissioner may, without conducting selection processes, transfer a member of SA Police from the member's current position to another position (and such transfer may be for an indefinite period or for a specified term).\n\t(2)\tExcept as authorised under the regulations, a member may not be transferred to a position of a higher rank.\n\t(3)\tExcept as authorised under this Act or the regulations or with the member's consent, a member may not be transferred to a position of a lower rank.\n\t(4)\tA member of SA Police aggrieved by a transfer of that member under this section may apply to have his or her grievance dealt with in accordance with a process specified in the regulations.\n","sortOrder":8},{"sectionNumber":"Part 8","sectionType":"part","heading":"Review of certain termination, transfer and promotion decisions","content":"Part 8—Review of certain termination, transfer and promotion decisions\nDivision 1—Termination reviews\n48—Right of review\n\t(1)\tA member of SA Police or former member may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of a decision to terminate the member's appointment—\n\t(a)\tduring a period of probation; or\n\t(b)\ton a ground for termination under Part 7.\n\t(1a)\tA police security officer or former police security officer may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of a decision to terminate the officer's appointment (other than a termination under section 26 of the Police Complaints and Discipline Act 2016).\n\t(2)\tAn application for review of the decision must be made to SAET within the period prescribed by regulation.\n\t(3)\tSAET may in an appropriate case dispense with the requirement that the application be made within the prescribed period.\nDivision 2—Transfer reviews\n52—Review of certain transfers\n\t(1)\tIf—\n\t(a)\ta decision is made to transfer a member of SA Police to another position (other than under Part 6 or section 46); and\n\t(b)\tthe member believes that he or she is being punished for particular conduct,\nthe member may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision.\n\t(1a)\tIf—\n\t(a)\ta decision is made to transfer a police security officer; and\n\t(b)\tthe officer believes that the officer is being punished for particular conduct,\nthe officer may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision.\n\t(2)\tAn application for review of the decision must be made to SAET within the period prescribed by regulation.\n\t(3)\tSAET may in an appropriate case dispense with the requirement that the application be made within the prescribed period.\n\t(4)\tIf, on an application for review of a decision under this Division, SAET is satisfied that the transfer is in the nature of a punishment, SAET may do one or more of the following:\n\t(a)\tquash the decision;\n\t(b)\tremit the matter to the Commissioner for reconsideration;\n\t(c)\tmake recommendations for settlement of the matter.\n","sortOrder":9},{"sectionNumber":"Div 3","sectionType":"division","heading":"Promotion reviews","content":"Division 3—Promotion reviews\n53—Interpretation and application\n\t(1)\tIn this Division—\nprescribed promotional position means—\n\t(a)\tin relation to positions in SA Police—a position in SA Police of or above the rank of senior constable but not above the rank of inspector; or\n\t(b)\tin relation to police security officers—a position as a police security officer of a kind prescribed by the regulations.\n\t(2)\tNothing in this Division applies in relation to a transfer under this Act from one position in SA Police to another.\n\t(3)\tNothing in this Division applies in relation to a transfer of a police security officer under this Act from 1 position to another.\n54—Processes for appointment or nomination for prescribed promotional positions\nAn appointment to a prescribed promotional position may not be made unless selection processes have been conducted in accordance with the regulations for the purpose of filling the position.\n55—Right of review\n\t(1)\tAfter a selection process has been conducted in relation to a prescribed promotional position, the Commissioner must publish in the Police Gazette and in such other manner as the Commissioner considers appropriate—\n\t(a)\tnotice of the selection decision; or\n\t(b)\tif no person has been selected for appointment to the position—notice of that fact.\n\t(2)\tSubject to subsection (3), when such a notice is given, a member of SA Police or police security officer (as the case requires) who was an unsuccessful applicant and is eligible for appointment to the position may apply to the Police Review Tribunal for a review of the selection decision.\n\t(3)\tA member or officer may not make an application under subsection (2) unless the person has first made application to have his or her grievance in respect of the selection decision dealt with in accordance with a process specified in the regulations and that process has been completed.\n\t(4)\tAn application to the Tribunal for review of the decision must be made to the Secretary to the Tribunal within the period and in the manner prescribed by regulation.\n\t(5)\tThe Tribunal may in an appropriate case dispense with the requirement that the application be made within the prescribed period.\n56—Grounds for application for review\n\t(1)\tAn application for a review of a selection decision under this Division may only be made on one or more of the following grounds:\n\t(a)\tthat the member or officer selected is not eligible for appointment to the position; or\n\t(b)\tthat the applicant for the review should have been selected based on a proper assessment of the respective merits of the applicants; or\n\t(c)\tthat the selection processes leading to the decision were affected by nepotism or patronage or were otherwise not properly based on assessment of the respective merits of the applicants; or\n\t(d)\tthat there was some other serious irregularity in the selection processes.\n\t(2)\tIn proceedings on an application for a review of a selection decision under this Division—\n\t(a)\tno evidence may be given or submissions made as to the qualifications or merits of an applicant for the position other than by a party to the proceedings or representative of a party to the proceedings; and\n\t(b)\tno documentary material may be produced as evidence of the qualifications or merits of an applicant for the position other than material that was made available to the panel of persons who made the selection decision.\n57—Determination of application\n\t(1)\tOn an application for a review of a selection decision under this Division, the Police Review Tribunal may do one or more of the following:\n\t(a)\tconfirm the decision;\n\t(b)\tquash the decision;\n\t(c)\torder that the applicant for the review be appointed to the position;\n\t(d)\torder that the selection processes be recommenced from the beginning or some other later stage specified by the Tribunal.\n\t(2)\tThe Tribunal must hear and determine an application for a review of a selection decision under this Division within the period prescribed by regulation.\n58—Determination of question of eligibility for appointment\nFor the purposes of this Division—\n\t(a)\ta person is not eligible for appointment to a prescribed promotional position if the person does not have qualifications determined by the Commissioner to be essential in respect of the position; and\n\t(b)\ta determination by the Commissioner that specific qualifications, experience or other attributes are essential or desirable for appointment to a prescribed promotional position is binding on the Police Review Tribunal.\n","sortOrder":10},{"sectionNumber":"Part 9","sectionType":"part","heading":"Special constables","content":"Part 9—Special constables\n59—Appointment of special constables\n\t(1)\tSubject to subsection (2), the Commissioner may appoint a person to be a special constable for the whole or a part of the State.\n\t(2)\tThe Commissioner may only appoint a police cadet to be a special constable for the whole or a part of the State if a declaration has been made under Part 4 Division 3 of the Emergency Management Act 2004 (and the term of any such appointment will be for the period specified in the declaration under that Act and, if the period of the declaration is extended under that Act, for such further periods).\n\t(3)\tAn appointment under this section may be made—\n\t(a)\tif a declaration has been made under Part 4 Division 3 of the Emergency Management Act 2004—orally; or\n\t(b)\tin any other case—by instrument in writing.\n\t(4)\tIf the appointment is made orally, the Commissioner must, as soon as practicable, confirm the appointment by instrument in writing.\n\t(5)\tAn instrument of appointment or confirming the appointment of a special constable must specify the term and conditions of the appointment, including—\n\t(a)\tif the appointment is for the whole of the State—that fact; and\n\t(b)\tin any other case—the part of the State for which the special constable is appointed.\n60—Oath or affirmation by special constables\nA person's appointment as a special constable is rendered void if he or she does not on appointment make an oath or affirmation in the form prescribed by regulation.\n61—Duties and powers of special constables\n\t(1)\tA special constable—\n\t(a)\thas any duties imposed by the Commissioner; and\n\t(b)\thas, while holding appointment as a special constable, the same powers, responsibilities and immunities as a member of SA Police subject to any limitation imposed by the Commissioner.\n\t(2)\tThe Commissioner may, when appointing a special constable, impose limitations on his or her powers, responsibilities or immunities—\n\t(a)\tif the appointment is made orally under section 59(3)(a)—orally; or\n\t(b)\tif the appointment is made by instrument in writing—by the instrument of appointment.\n\t(3)\tIf a limitation is imposed orally, the instrument confirming the appointment of the special constable under section 59(4) must specify the limitation.\n\t(4)\tThe Commissioner may, by notice in writing to a special constable, vary or revoke a limitation imposed under this section.\n62—Suspension or termination of appointment of special constables\nThe Commissioner may, at the Commissioner's discretion, suspend or terminate the appointment of a special constable.\n63—Allowances and equipment for special constables\nThe Commissioner may—\n\t(a)\tpay such reasonable remuneration and allowances as the Commissioner thinks proper to a special constable or person who has been a special constable; and\n\t(b)\tprovide such clothing, arms, and equipment for a special constable as the Commissioner thinks necessary.\n","sortOrder":11},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Police security officers","content":"Part 9A—Police security officers\nDivision 1—Preliminary\n63A—Interpretation\nIn this Part, unless the contrary intention appears—\ndangerous object or substance means—\n\t(a)\tan explosive, explosive device or incendiary device; or\n\t(b)\ta dangerous article, offensive weapon or prohibited weapon, in each case within the meaning of section 21A of the Summary Offences Act 1953; or\n\t(c)\ta firearm within the meaning of the Firearms Act 2015; or\n\t(d)\ta pathogen; or\n\t(e)\tany other object or substance that is reasonably capable of being used to jeopardise the security of persons or property;\nprotected person means a public official, or a public official of a class, determined under section 63B to be in need of protective security;\nprotected place means a place, or a place of a class, determined under section 63B to be in need of protective security;\nprotected vehicle means a vehicle, or a vehicle of a class, determined under section 63B to be in need of protective security;\npublic area means an area (for example, a public road, footpath or forecourt) to which members of the public ordinarily have free access;\npublic authority means—\n\t(a)\tthe Crown; or\n\t(b)\ta Minister of the Crown; or\n\t(c)\tan agency or instrumentality of the Crown;\npublic building includes a public monument or structure;\npublic official includes an official or dignitary from a place other than this State;\nvehicle means anything designed to transport a person or goods by road, rail, air or water.\n63B—Determination of protected persons, places or vehicles\n\t(1)\tThe Minister may, for the purposes of protecting the security of public officials, public buildings or public infrastructure, make any of the following determinations:\n\t(a)\ta determination that specified public officials, or public officials of a specified class, are in need of protective security;\n\t(b)\ta determination that specified places, or places of a specified class, (whether or not public buildings or public infrastructure) are in need of protective security;\n\t(c)\ta determination that specified vehicles, or vehicles of a specified class, are in need of protective security.\n\t(2)\tA determination under this section—\n\t(a)\tmust be made by instrument in writing; and\n\t(b)\ttakes effect from the date specified in the instrument and continues until the expiry date (if any) specified in the instrument or the making of a further determination under this section that revokes or replaces the determination.\n\t(3)\tIf a determination under subsection (1)(b) relates (in whole or in part) to a public area, the Minister must cause the area to be enclosed by barriers or signposted as a police security area (but a failure to comply with this subsection does not affect the operation of the determination).\n\t(4)\tA determination under subsection (1)(b) may not relate (in whole or in part) to a place that is owned by a person other than a public authority and is not a public area without the consent of that person.\n63C—References to protective security officers in other Acts etc\nA reference in any Act, or any instrument or other document, to a protective security officer (within the meaning of the Protective Security Act 2007 as in force immediately before the commencement of this section) will be taken to be a reference to a police security officer.\nDivision 2—Modification of operation of this and other Acts etc in relation to police security officers\n63D—Regulations may modify operation of this and other Acts etc in relation to police security officers\n\t(1)\tThe Governor may make regulations—\n\t(a)\tapplying or modifying specified provisions of this Act; or\n\t(b)\tapplying or modifying specified provisions of the Police Complaints and Discipline Act 2016,\nin relation to police security officers (whether such regulations relate to the additional duties referred to in subsection (2) or otherwise).\n\t(2)\tThe Governor may make regulations for the purpose of enabling police security officers, a class of police security officers or a specified police security officer or officers to perform additional duties.\n\t(3)\tThe regulations may do any or all of the following:\n\t(a)\tmodify the operation of a specified provision of this Act or any other Act that prevents, or is otherwise inconsistent with, the performance of the additional duties;\n\t(b)\tmake consequential or related modifications to the operation of this or any other Act where modifications referred to in paragraph (a) are made;\n\t(c)\tconfer powers on police security officers generally, a class of police security officers or a specified police security officer or officers.\n\t(4)\tThe regulations may—\n\t(a)\tmake provisions of a saving or transitional nature; or\n\t(b)\tprovide for fines, not exceeding $10 000, for offences against the regulations; or\n\t(c)\tprescribe expiation fees, not exceeding $5 000, for offences against the regulations; or\n\t(d)\tprovide for facilitation of proof of the commission of offences and other evidentiary matters.\nDivision 3—Appointment etc of police security officers\n63E—Appointment of police security officers\nThe Commissioner may appoint as many police security officers as the Commissioner thinks necessary.\n63F—Commissioner may determine structure of ranks\nThe Commissioner may determine a structure of ranks that will apply to police security officers.\n63G—Oath or affirmation by police security officers\nA person's appointment as a police security officer is rendered void if the person does not on appointment make an oath or affirmation in the form prescribed by regulation.\n63H—Conditions of appointment\n\t(1)\tThe conditions of appointment of a police security officer may be determined by the Commissioner.\n\t(2)\tA determination by the Commissioner must provide for the payment of remuneration, allowances and expenses in accordance with a specified scale.\n\t(3)\tA determination under this section may relate to police security officers generally, a class of police security officers or a particular police security officer.\n63I—Identification of police security officers\n\t(1)\tA police security officer must be issued with an identity card in a form approved by the Commissioner—\n\t(a)\tcontaining a photograph of the person and the person's name or a unique identification code; and\n\t(b)\tstating that the person is a police security officer under this Act.\n\t(2)\tIf a police security officer is not in official uniform, the officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act or any other Act, produce their identity card for inspection by the person.\n\t(3)\tIf a person in possession of an identity card issued to the person under this section ceases to be a police security officer, the person must immediately return the identity card to the Commissioner.\nMaximum penalty: $1 250.\n63J—Suspension or termination of appointment of police security officer\n\t(1)\tThe Commissioner may suspend or terminate a person's appointment as a police security officer if the Commissioner is satisfied after due inquiry that there is proper cause to do so.\n\t(2)\tThe power to suspend or terminate a person's appointment under this section does not apply in relation to a matter to which the Police Complaints and Discipline Act 2016 applies.\n\t(3)\tThe Commissioner may at any time revoke a suspension of a person's appointment under this Part.\n63K—Resignation and relinquishment of official duties\n\t(1)\tA police security officer may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).\n\t(2)\tA police security officer must not relinquish official duties unless the officer—\nMaximum penalty: $1 250 or imprisonment for 3 months.\n","sortOrder":12},{"sectionNumber":"Div 4","sectionType":"division","heading":"Duties and powers of police security officers","content":"Division 4—Duties and powers of police security officers\n63L—Interpretation\n\t(1)\tFor the purposes of this Division—\n\t(a)\ta reference to a police security officer includes a reference to a police officer; and\n\t(b)\ta reference to a person's possessions includes a reference to anything that is, or has been, in the possession of the person, and any vehicle that is being, or has been, driven by the person or is, or has been, apparently in the person's charge; and\n\t(c)\ta power to remove or detain a person or hand a person over into the custody of a police officer extends to the person's possessions.\n\t(2)\tFor the purposes of this Division, if a police security officer observes (whether directly or by means of a surveillance device), or receives a report of, a person apparently abandoning in, or within the precincts or vicinity of, a protected place, protected person or protected vehicle a dangerous object or substance, or anything that appears to be or might contain a dangerous object or substance, the police security officer will be taken to have reasonable grounds to suspect that the person has committed, is committing or is about to commit an offence.\n\t(3)\tThis Division does not limit or derogate from the powers of a police officer under any other Act or law.\n\t(4)\tSubsection (2) does not limit the circumstances in which a police security officer will have reasonable grounds for a suspicion referred to in that subsection.\n63M—Duties of police security officers\n\t(1)\tA police security officer has such duties as may be imposed by the Commissioner on police security officers generally, a class of police security officers of which the officer is a member or the police security officer personally.\n\t(2)\tA police security officer is, if so ordered by the Commissioner or by another person with requisite authority, liable to perform duties in any place within or outside the State.\n\t(3)\tA police security officer, while performing duties outside the State, is required to obey orders and is liable for breaches of the Code in the same way as if the officer were performing duties within the State.\n63N—Powers of police security officers\nA police security officer has the following powers:\n\t(a)\tthe powers conferred under this Division;\n\t(b)\tthe powers conferred under the regulations on police security officers generally, a class of police security officers of which the officer is a member or the police security officer personally;\n\t(c)\tsuch other powers as may be conferred under any other Act or law on police security officers generally, a class of police security officers of which the officer is a member or the police security officer personally.\n63O—Limitations on duties and powers\n\t(1)\tThe Commissioner—\n\t(a)\tmay impose a limitation on the duties or powers of a police security officer by—\n\t(i)\tthe instrument of appointment of the officer; or\n\t(ii)\tnotice in writing to the officer; and\n\t(b)\tmay vary or revoke such a limitation by notice in writing to the officer.\n\t(2)\tA limitation under this section may entirely exclude the exercise by a police security officer of powers under this Act.\n\t(3)\tLimitations imposed under this section may vary from 1 police security officer to another.\n63P—Powers relating to security of protected person\n\t(1)\tA police security officer may give a person within the vicinity of a protected person reasonable directions for the purposes of maintaining or restoring the security of the protected person.\n\t(2)\tIf—\n\t(a)\ta person refuses or fails to comply with a direction given by a police security officer under subsection (1); or\n\t(b)\ta police security officer suspects on reasonable grounds that a person has committed, is committing, or is about to commit, an offence within the vicinity of a protected person,\n\t(c)\tdirect the person to provide—\n\t(ii)\tevidence of the person's identity;\n\t(d)\tcause the person to be removed to some place away from the protected person;\n\t(e)\tcause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable.\n\t(3)\tReasonable force may be used for the purpose of taking action under subsection (2)(d) or (e).\n63Q—Powers relating to security of protected place\n\t(1)\tA police security officer may give a person in or within the precincts of a protected place reasonable directions for the purposes of maintaining or restoring security or orderly conduct at the place or securing the safety of any person arriving at, in, or departing from, the place.\n\t(2)\tWithout limiting subsection (1), a police security officer may, for purposes referred to in that subsection, direct a person in or about to enter a protected place—\n\t(a)\tto provide—\n\t(ii)\tevidence of the person's identity; and\n\t(iii)\tthe reason for the person's being in or about to enter the place; and\n\t(b)\t—\n\t(i)\tif there are reasonable grounds for suspecting that a dangerous object or substance is in the possession of the person—\n\t(A)\tto produce the object or substance for inspection; and\n\t(B)\tto submit to a physical search of the person and the person's possessions for the presence of any dangerous object or substance; and\n\t(C)\tto do anything reasonably necessary for the purposes of the search under this subsection; or\n\t(ii)\tin any other case—\n\t(A)\tto submit to a search of the person and the person's possessions for the presence of any dangerous object or substance by means of a scanning device; and\n\t(B)\tto allow the person's possessions to be searched for the presence of any dangerous object or substance by a physical search; and\n\t(C)\tto do anything reasonably necessary for the purposes of a search under this subsection.\n\t(3)\tThe following provisions apply to a search of a person by means of a scanning device carried out under subsection (2):\n\t(a)\tthe search must be conducted by use of an electronic or mechanical scanning device designed to be used without coming into contact with the body of the person the subject of the search;\n\t(b)\twithout limiting the directions that may be given as reasonably necessary for the purposes of the search, the person may be directed—\n\t(i)\tto remove all objects and substances from the person's pockets or clothing; or\n\t(ii)\tto remove a belt, footwear, headwear, jewellery or other similar item that might trigger the warning signal of the scanning device; or\n\t(iii)\tto adopt certain postures;\n\t(c)\tthe person cannot be directed to remove other clothing or to open their mouth and nothing may be introduced into an orifice of the person's body;\n\t(d)\tthe search must be carried out expeditiously and in a manner that avoids undue humiliation of the person and, as far as reasonably practicable, avoids offending cultural values or religious beliefs genuinely held by the person.\n\t(4)\tThe following provisions apply to a search of possessions by means of a scanning device, or by a physical search, carried out under subsection (2):\n\t(a)\twithout limiting the directions that may be given as reasonably necessary for the purposes of the search, the person may be directed—\n\t(i)\tto hand over the person's possessions or control of them to the police security officer; or\n\t(ii)\tto open them or any part of them or to allow them or any part of them to be opened;\n\t(b)\tthe search must be carried out expeditiously.\n\t(5)\tThe following provisions apply to a physical search of a person carried out under subsection (2):\n\t(a)\twithout limiting the directions that may be given as reasonably necessary for the purposes of the search, the person may be directed—\n\t(i)\tto remove all objects and substances from the person's pockets or clothing; or\n\t(ii)\tto open their mouth; or\n\t(iii)\tto adopt certain postures; or\n\t(iv)\tto remove outer clothing including footwear and headwear; or\n\t(v)\tto submit to being frisked;\n\t(b)\texcept in circumstances where it is not practicable, at least 2 persons (apart from the person being searched) must be present at all times and the police security officer carrying out the search must be of the same sex as the person being searched;\n\t(c)\tthe person cannot be directed to remove inner clothing or underwear and nothing may be introduced into an orifice (including the mouth) of the person's body;\n\t(d)\tthe search must be carried out expeditiously and in a manner that avoids undue humiliation of the person and, as far as reasonably practicable, avoids offending cultural values or religious beliefs genuinely held by the person.\n\t(6)\tIf—\n\t(a)\ta person refuses or fails to comply with a direction given by a police security officer under this section; or\n\t(b)\ta police security officer suspects on reasonable grounds that a person has committed, is committing, or is about to commit, an offence in or within the precincts of a protected place,\n\t(c)\trefuse the person entry to the protected place;\n\t(d)\tcause the person to be removed from the protected place;\n\t(e)\tdirect the person not to return to the protected place within a specified period (which may not be longer than 24 hours after being given such a direction);\n\t(f)\tcause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable.\n\t(7)\tSubsection (6) does not limit the circumstances in which a police security officer may refuse entry to a protected place.\n\t(8)\tReasonable force may be used for the purpose of taking action under subsection (6).\n\t(9)\tRefusal or failure of a person to comply with a direction given under subsection (2)(b)(ii) does not of itself constitute grounds for suspecting that there is a dangerous object or substance in the possession of the person.\n63R—Dealing with dangerous objects and substances etc\n\t(1)\tIf a police security officer finds in the possession of a person in or about to enter a protected place—\n\t(a)\ta dangerous object or substance; or\n\t(b)\tan object or substance that the officer believes on reasonable grounds to be a dangerous object or substance; or\n\t(c)\tan object or substance that the officer believes on reasonable grounds to be in the unlawful possession of the person,\n\t(d)\trefuse the person entry to, or remove the person from, the protected place;\n\t(e)\tdirect the person to surrender the object or substance;\n\t(f)\tif the person is in possession of an object or substance referred to in paragraph (c), or fails or refuses to comply with a direction under paragraph (e)—cause the person and the object or substance to be detained and handed over into the custody of a police officer as soon as reasonably practicable.\n\t(2)\tReasonable force may be used for the purpose of taking action under subsection (1).\n63S—Powers relating to security of protected vehicle\n\t(1)\tA police security officer may give a person within the vicinity of a protected vehicle reasonable directions for the purposes of maintaining or restoring security or orderly conduct at the vehicle or securing the safety of any person about to enter, in, or getting out of, the vehicle.\n\t(2)\tIf—\n\t(a)\ta person refuses or fails to comply with a direction given by a police security officer under subsection (1); or\n\t(b)\ta police security officer suspects on reasonable grounds that a person has committed, is committing, or is about to commit, an offence in or within the vicinity of a protected vehicle,\n\t(c)\tdirect the person to provide—\n\t(ii)\tevidence of the person's identity;\n\t(d)\tcause the person to be removed to some place away from the protected vehicle;\n\t(e)\tcause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable.\n\t(3)\tReasonable force may be used for the purpose of taking action under subsection (2)(d) or (e).\n63T—Power to search persons detained by police security officers\n\t(1)\tIf a person is being detained by a police security officer under this Part, the person and the person's possessions may, before being handed over into the custody of a police officer, be searched by a police security officer in accordance with this section.\n\t(2)\tThe following provisions apply to a search under this section:\n\t(a)\tthe police security officer carrying out the search may—\n\t(i)\tuse reasonable force for the purpose; and\n\t(ii)\tbe assisted by another person;\n\t(b)\tin searching the person (as opposed to the person's possessions)—\n\t(i)\tall objects and substances may be removed from the person's pockets or clothing; and\n\t(ii)\tthe person's outer clothing, including footwear and headwear, may be removed; and\n\t(iii)\tthe person may be frisked; and\n\t(iv)\texcept in circumstances where it is not practicable, at least 2 persons (apart from the person being searched) must be present at all times and the person carrying out the search must be of the same sex as the person being searched; and\n\t(v)\tnothing may be introduced into an orifice (including the mouth) of the person's body;\n\t(c)\tany object or substance found as a result of the search may be removed from the person and detained and handed over into the custody of the police officer as soon as reasonably practicable.\n63U—Withdrawal of directions\nNothing prevents a police security officer from withdrawing a direction given to a person under this Act (whether by that police security officer or some other police security officer).\n63V—Offences\n\t(1)\tA person who refuses or fails to comply with a direction of a police security officer given under this Act is guilty of an offence.\n\t(2)\tA person who hinders, obstructs or resists a police security officer in the performance or exercise of powers conferred by this or any other Act is guilty of an offence.\n\t(3)\tA person who, in response to a direction under this Act, provides false information or false evidence of identity to a police security officer is guilty of an offence.\n\t(4)\tIf a person commits an offence under subsection (2) or (3), a police security officer may cause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable.\n\t(5)\tReasonable force may be used for the purpose of taking action under subsection (4).\n","sortOrder":13},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"Part 10—Miscellaneous\n64—Appointment and promotion procedures\nMembers of SA Police, police cadets and police medical officers must be appointed and promoted in accordance with the procedures prescribed by the regulations.\n65—Protection from liability for members of SA Police and police security officers\n\t(1)\tA member of SA Police or a police security officer does not incur any civil or criminal liability for an honest act or omission in the exercise or discharge, or the purported exercise or discharge, of a power, function or duty conferred or imposed by or under this Act or any other Act or law.\n\t(2)\tA liability that would, but for subsection (1), lie against a member of SA Police or a police security officer lies instead against the Crown.\n\t(3)\tA person (the injured person) who suffers injury, loss or damage as a result of the act or omission of a member of SA Police or a police security officer may not sue the member or officer personally unless—\n\t(a)\tit is clear from the circumstances of the case that the immunity conferred by subsection (1) does not extend to the case; or\n\t(b)\tthe injured person brings an action in the first instance against the Crown but the Crown then disputes, in a defence filed to the action, that it is liable for the act or omission of the member or officer.\n\t(4)\tWhere a question arises as to whether the immunity conferred by subsection (1) extends to the case and the member of SA Police or the police security officer claims to come within the immunity so conferred, the burden of proving that the act or omission was dishonest lies on the party seeking to establish the personal liability of the member or officer.\n\t(5)\tIf a member of SA Police or a police security officer is sued personally for an act or omission in the exercise or discharge, or purported exercise or discharge, of a power, function or duty conferred or imposed by or under this Act or any other Act or law—\n\t(a)\tunless the Crown is alleging that the member or officer is personally liable for the act or omission—the Crown must represent the member or officer; or\n\t(b)\tif the Crown does not represent the member or officer and the member or officer is found by the court not to have acted dishonestly—the Crown must indemnify the member or officer for legal costs properly incurred by the member or officer (but not exceeding 80% of the Supreme Court scale of costs applying at the time the case is determined).\n66—Members subject to duty in or outside State\n\t(1)\tA member of SA Police is, if so ordered by the Commissioner or by another member with requisite authority, liable to perform police duties in any place within or outside the State.\n\t(2)\tA member of SA Police, while performing duties outside the State, is required to obey orders of other members of SA Police and is liable for breaches of the Code in the same way as if he or she were performing duties within the State.\n67—Divestment or suspension of powers\n\t(1)\tIf a person ceases for any reason to be a member of SA Police or a police security officer, all powers and authorities vested in the person by or under this or another Act or any law as a member of SA Police or constable, or a police security officer, are divested from the person.\n\t(2)\tIf a person's appointment as a member of SA Police or a police security officer is suspended, all powers and authorities vested in the person by or under this or another Act or any law as a member of SA Police or constable, or a police security officer, are suspended for the period of the suspension.\n\t(3)\tUnless the Commissioner otherwise authorises by instrument in writing, if a person who is a member of SA Police or a special constable, or a police security officer, is seconded to a position outside SA Police, all powers and authorities vested in the person by or under this or another Act or any law as a member of SA Police or constable, or a police security officer, are suspended for the period of secondment.\n\t(4)\tIf the Commissioner grants leave to a member of SA Police or a police security officer for an extended period, the Commissioner may, by instrument in writing, suspend for the period of the leave all powers and authorities vested in the member by or under this or another Act or any law as a member of SA Police or constable, or a police security officer.\n\t(5)\tIf the Commissioner grants leave to a member of SA Police or a police security officer on account of physical or mental disability or illness of the member or officer, the Commissioner may, by instrument in writing, suspend all powers and authorities vested in the member or officer by or under this or another Act or law as a member of SA Police or constable or as a police security officer.\n\t(6)\tAn instrument in writing under subsection (5) must include reasons for the Commissioner's decision.\n\t(7)\tA suspension under subsection (5) remains in force until it is revoked by the Commissioner by further instrument in writing.\n68—Duty to deliver up equipment etc\n\t(1)\tIf a person's appointment is terminated or suspended under this Act, the person must immediately deliver up to the Commissioner, or to a person appointed by the Commissioner to receive property under this section, all property that belongs to the Crown and was supplied to the person for official purposes.\nMaximum penalty: $2 500 or six months imprisonment.\n\t(2)\tA justice may issue a warrant authorising the persons named or indicated in the warrant to search any place and seize any property which has not been delivered up as required by this section.\n69—False statements in applications for appointment\n\t(1)\tA person must not make a false statement in connection with an application for appointment under this Act.\nMaximum penalty: $2 500 or six months imprisonment.\n\t(2)\tIn a prosecution for an offence against subsection (1), it is not necessary for the prosecution to prove that the false statement was made wilfully or negligently, but it is a defence to prove that the defendant believed on reasonable grounds that the statement was true.\n\t(3)\tIf a person who has contravened subsection (1) is appointed to SA Police or as a police cadet, the contravention will be taken to constitute a breach of the Code and may be dealt with as such—\n\t(a)\tdespite the fact that the person was not a member of SA Police or a police cadet at the time of the contravention; and\n\t(b)\twhether or not the person is prosecuted for an offence against subsection (1).\n\t(4)\tIf a person who has contravened subsection (1) is appointed as a police security officer, the contravention will be taken to constitute a breach of the Code and may be dealt with as such—\n\t(a)\tdespite the fact that the person was not a police security officer at the time of the contravention; and\n\t(b)\twhether or not the person is prosecuted for an offence against subsection (1).\n70—Suspension or revocation of suspension under Act or regulations\n\t(1)\tA power of the Commissioner under this Act, the Police Complaints and Discipline Act 2016 or the regulations to suspend a person's appointment, or to order such a suspension, includes power to determine, subject to the regulations, that the period of suspension will—\n\t(a)\tbe without any remuneration and accrual of any rights; and\n\t(b)\tnot count as service.\n\t(2)\tDespite subsection (1), remuneration may only be withheld under that subsection for more than 3 months if—\n\t(a)\tthe person has been committed for trial for a serious offence; or\n\t(b)\tthe person has been found guilty of a serious offence; or\n\t(c)\tthe person has admitted or been found guilty of a breach of the Code in respect of which the most probable outcome is termination of the person's appointment.\n\t(3)\tThe Commissioner may at any time revoke the suspension under this Act or the regulations of a person's appointment.\n\t(4)\tSubject to subsection (5), if, during a period of suspension of a person's appointment, the person resigns or retires or his or her appointment is terminated under Part 6—\n\t(a)\tthe person will not be entitled to any remuneration or accrual of any rights in respect of the period of suspension (and any remuneration paid to him or her in respect of the period will be recoverable); and\n\t(b)\tthe period of the suspension will not count as service.\n\t(5)\tThe Commissioner may, if the Commissioner considers it appropriate to do so in particular circumstances, order—\n\t(a)\tthat a person is entitled to all or part of any remuneration or accrual of rights withheld in consequence of a suspension; and\n\t(b)\tthat all or part of the period of the suspension will count as service.\n\t(6)\tIn this section—\nserious offence means an offence that is punishable by imprisonment for 2 years or more.\n71—Evidence of appointment\n\t(1)\tCommon reputation that a person is a member of SA Police, or holds a particular position or rank in SA Police, is proof of that matter in the absence of evidence to the contrary.\n\t(2)\tAn apparently genuine document purporting to be signed by the Commissioner certifying that a specified person was at a specified time a member of SA Police, or the holder of a specified position or rank in SA Police, will be accepted as proof, in the absence of proof to the contrary, of the matter so certified.\n71A—Evidence\n\t(1)\tAn apparently genuine document purporting to be signed by the Minister certifying that—\n\t(a)\ta specified person was, at a specified time, a protected person; or\n\t(b)\ta specified place was, at a specified time, a protected place; or\n\t(c)\ta specified vehicle was, at a specified time, a protected vehicle,\nwill be accepted as proof, in the absence of proof to the contrary, of the matter so certified.\n\t(2)\tAn apparently genuine document purporting to be signed by the Commissioner certifying that a specified person was, at a specified time, a police security officer with specified powers under Part 9A will be accepted as proof, in the absence of proof to the contrary, of the matter so certified.\n72—Execution of process\n\t(1)\tA member of SA Police must execute every process directed to the member for levying the amount of—\n\t(a)\tany recognisance forfeited to the Crown;\n\t(b)\tany fine lawfully imposed on a person.\n\t(2)\tAny process, order, warrant or command of a court or justice directed, delivered or given to a member of SA Police may be executed and enforced by another member of SA Police or the member's assistants.\n\t(3)\tThe other member or assistant has all the rights, powers and authorities for and in the execution of that process, order, warrant or command as if named in the warrant as the person to whom it is directed.\n73—Allowances\nMembers of SA Police and police cadets are entitled to receive allowances in respect of such matters and at such rates as are approved from time to time by the Commissioner.\n74—Impersonating police or police security officer and unlawful possession of certain property\n\t(1)\tA person who, without lawful excuse—\n\t(a)\twears what is or appears to be a police uniform or police security officer uniform; or\n\t(b)\trepresents himself or herself by word or conduct to be a police officer or police security officer,\nis guilty of an offence.\nMaximum penalty: $2 500 or imprisonment for six months.\n\t(2)\tA person who, without lawful excuse, has possession of a police uniform or police property, or a police security officer uniform or police security property, is guilty of an offence.\nMaximum penalty: $2 500 or imprisonment for six months.\n\t(3)\tThis section does not prevent a person engaged in a theatrical performance or social entertainment from wearing what appears to be a police uniform or police security officer uniform in the course of, and for the purpose of, the performance or entertainment.\n\t(4)\tIn this section—\npolice officer means a member of SA Police or any other police service or force in Australia or any other country, and includes a police cadet;\npolice property means property supplied, or to be supplied, to a police officer for official purposes;\npolice security property means property supplied, or to be supplied, to a police security officer for official purposes;\npolice security uniform means all or part of the official uniform of a police security officer;\npolice uniform means all or part of the uniform of a police officer.\n74A—Special provisions relating to criminal intelligence\n\t(1)\tThe Commissioner must establish guidelines in relation to the assessment of information that is being considered for classification as criminal intelligence and the management of criminal intelligence.\n\t(2)\tThe Commissioner must ensure that records are kept in relation to the use of criminal intelligence.\n\t(3)\tThe Commissioner must ensure that records referred to in subsection (2) would enable the following information to be determined for each period in relation to which a review is conducted under this section:\n\t(a)\tthe number of matters in relation to which criminal intelligence was used during the period;\n\t(b)\tthe number of individual pieces of criminal intelligence used in relation to each such matter;\n\t(c)\tthe relevant statutory provision for each such matter.\n\t(4)\tThe Attorney‑General must, before 1 July in each year (other than the calendar year in which this section comes into operation), appoint a retired judicial officer to conduct a review on—\n\t(a)\tthe effectiveness of the guidelines established under subsection (1); and\n\t(b)\tthe use of criminal intelligence,\nduring the period of 12 months preceding that 1 July.\n\t(5)\tThe Commissioner must ensure that a person appointed to conduct a review is provided with such information as he or she may require for the purpose of conducting the review.\n\t(6)\tA person conducting a review has, in so doing, the powers of a commission of inquiry under the Royal Commissions Act 1917 (and any obligations under an Act to maintain the confidentiality of information do not apply with respect to the provision of such information to the person conducting the review).\n\t(7)\tA person conducting a review must maintain the confidentiality of criminal intelligence provided to the person.\n\t(8)\tA report on a review must be presented to the Attorney‑General on or before 30 September in each year.\n\t(9)\tThe Attorney‑General must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\n\t(10)\tIn this section—\ncriminal intelligence means information classified by the Commissioner, in accordance with the provisions of any other Act, as criminal intelligence;\njudicial officer means a person appointed as a judge of the Supreme Court or the District Court or a person appointed as judge of another State or Territory or of the Commonwealth.\n74B—Terrorism intelligence and terrorism notifications\n\t(1)\tThe regulations may designate a law enforcement authority, or any other authority, as a terrorism intelligence authority.\n\t(2)\tInformation may be classified by a terrorism intelligence authority as terrorism intelligence in accordance with procedures prescribed by the regulations.\n\t(3)\tIn any proceedings before a court, the court—\n\t(a)\tmust, on the application of a terrorism intelligence authority, take steps to maintain the confidentiality of information properly classified by the authority as terrorism intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of or relating to information so classified by the terrorism intelligence authority by way of affidavit of a police officer of or above the rank of superintendent or another person authorised by the terrorism intelligence authority.\n\t(4)\tA Minister may enter into an agreement with 1 or more other Australian jurisdictions for the provision, by a terrorism intelligence authority, of notifications relating to persons suspected of terrorist offences, or of supporting or otherwise being involved in terrorist offences, or of associating or being affiliated with such persons.\n\t(5)\tIf an agreement is entered into by a Minister under subsection (4), the Minister who entered into the agreement must ensure that information relating to the agreement (including information about the criteria on which terrorism notifications will be provided by a terrorism intelligence authority) is provided, as soon as practicable, to the Crime and Public Integrity Policy Committee of the Parliament.\n\t(6)\tA police officer of or above the rank of inspector may, in accordance with guidelines issued by the Commissioner, provide a notification relating to persons suspected of terrorist offences, or of supporting or otherwise being involved in terrorist offences, or of associating or being affiliated with such persons.\n\t(7)\tIf the Commissioner issues guidelines under subsection (6), the Commissioner must ensure that information relating to the guidelines (including information about the criteria on which terrorism notifications will be provided by a police officer, the manner in which such terrorism notifications will be provided and the records that are to be kept in relation to each notification) is provided, as soon as practicable, to the Crime and Public Integrity Policy Committee of the Parliament.\n\t(8)\tInformation provided to the Crime and Public Integrity Policy Committee of the Parliament must not include any information classified as terrorism intelligence by a terrorism intelligence authority.\n\t(9)\tIn any proceedings, a certificate apparently signed by the Commissioner certifying that, on a date specified in the certificate, a person specified in the certificate was the subject of a terrorism notification is proof, in the absence of evidence to the contrary, of the matter so certified.\n\t(10)\tThe regulations may make other necessary or expedient provisions relating to the operations of a terrorism intelligence authority in the State including (without limitation)—\n\t(a)\tprovisions specifying the manner in which determinations may be made by a terrorism intelligence authority for the purposes of any law of the State;\n\t(b)\tprovisions relating to the manner in which a terrorism intelligence authority may participate in any proceedings in the State;\n\t(c)\tprovisions relating to record keeping and reporting;\n\t(d)\tevidentiary provisions,\nand such regulations may leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of a Minister, the Commissioner or another specified person.\n\t(11)\tThe power to make regulations under this section is in addition to any other power to make regulations under this Act.\n\t(12)\tIn this section—\nCommonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;\nterrorism intelligence means information relating to actual or suspected terrorist acts (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice investigations into such acts, to enable the discovery of the existence or identity of a confidential source of information or to endanger a person's life or physical safety;\nterrorism notification means a notification provided by a terrorism intelligence authority under subsection (4) or a notification provided by a police officer of or above the rank of inspector under subsection (6);\nterrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code;\nterrorist offence means—\n\t(a)\tan offence against Division 72 Subdivision A of the Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or\n\t(b)\ta terrorism offence against Part 5.3 of the Commonwealth Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or\n\t(c)\tan offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements); or\n\t(d)\tan offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or\n\t(e)\tan offence of a kind prescribed by the regulations for the purposes of this definition.\n75—Annual reports by Commissioner\n\t(1)\tThe Commissioner must, on or before 30 September in each year, deliver to the Minister a report on SA Police, police security officers and their respective operations during the period of 12 months that ended on the preceding 30 June.\n\t(2)\tThe Commissioner must include in the report any information required under the regulations or by the Minister.\n\t(3)\tThe Minister must cause a copy of the report to be laid before each House of Parliament within 12 sitting days after his or her receipt of the report.\n76—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tA regulation—\n\t(a)\tmay be of general or limited application and may vary in operation according to factors stated in the regulation; and\n\t(b)\tmay leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or the Commissioner, either generally or in a particular case or class of cases; and\n\t(ba)\tmay fix fees and provide for the payment, recovery, refund, waiver or reduction of such fees; and\n\t(c)\tmay impose a penalty not exceeding $1 250 for contravention of, or non-compliance with, the regulation.\n","sortOrder":14},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Police Review Tribunal","content":"Schedule 1—Police Review Tribunal\n1—Constitution of Tribunal\n\t(1)\tThe Police Review Tribunal is established.\n1B—Constitution of Tribunal for purposes of proceedings under Part 8 Division 3\n\t(1)\tThe Tribunal will, for the purposes of proceedings under Part 8 Division 3, consist of a person appointed by the Minister under subclause (2) or, if that person is unable to act, a person appointed as a deputy under subclause (3).\n\t(2)\tThe Minister may appoint a person to the Tribunal for a term of 3 years and on conditions determined by the Minister.\n\t(3)\tThe Minister may appoint a deputy of a person appointed to the Tribunal under subclause (2).\n\t(4)\tThe appointment of a deputy will be for a term of 3 years and on conditions determined by the Minister.\n\t(5)\tA person appointed under subclause (2) or (3)—\n\t(a)\tmust be a legal practitioner of at least 5 years standing; and\n\t(b)\tis eligible for reappointment at the end of a term of office; and\n\t(c)\tmay be removed from office by the Minister—\n\t(i)\tfor breach of, or non‑compliance with, a condition of appointment; or\n\t(ii)\tfor misconduct; or\n\t(iii)\tfor failure or incapacity to carry out official duties satisfactorily.\n\t(6)\tThe office of a person appointed under subclause (2) or (3) becomes vacant if the person—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tceases to satisfy the qualification by virtue of which the person was eligible for appointment; or\n\t(e)\tis removed from office under subclause (5).\n2—Secretary to Tribunal\n\t(1)\tThere will be a Secretary to the Tribunal.\n\t(2)\tThe Secretary will be a member of SA Police or a Public Service employee.\n\t(3)\tThe position of Secretary may be held in conjunction with any other position in SA Police or the Public Service.\n\t(4)\tThe Secretary will have the duties and functions conferred by this Act or any other Act and such other duties and functions as may be directed by the Tribunal.\n3—Proceedings before Tribunal\n\t(1)\tThe Tribunal must in relation to any proceedings before the Tribunal give the Commissioner and the applicant (the parties to the proceedings) reasonable notice of the time and place at which the proceedings are to be heard and must afford them a reasonable opportunity to call or give evidence, to examine or cross-examine witnesses and to make submissions to the Tribunal.\n\t(2)\tSubject to subclause (3), a party to proceedings before the Tribunal is entitled to appear personally, or by representative, in the proceedings.\n\t(3)\tA party is not entitled to be represented by a legal practitioner in proceedings under Division 3 of Part 8.\n\t(4)\tIf a party to whom notice has been given under subclause (1) does not attend at the time and place fixed by the notice, the Tribunal may proceed in the absence of the party.\n\t(5)\tIn its proceedings under this Act, the Tribunal—\n\t(a)\twill act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and\n\t(b)\tis not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks fit.\n\t(6)\tThe Tribunal must keep a record of any evidence taken during proceedings.\n\t(7)\tThe Tribunal may decline to hear or determine proceedings that appear to be trivial, frivolous or vexatious.\n4—Powers of Tribunal\n\t(1)\tThe Tribunal may, for the purposes of its proceedings—\n\t(a)\tby summons signed by the Tribunal or the Secretary to the Tribunal, require the attendance before the Tribunal of any person; and\n\t(b)\tby summons signed by the Tribunal or the Secretary to the Tribunal, require the production of any document, object or material; and\n\t(c)\trequire a person to make an oath or affirmation truly to answer all questions put by the Tribunal or a person appearing before the Tribunal; and\n\t(d)\trequire a person appearing before the Tribunal to answer any relevant questions put by the Tribunal or a person appearing before the Tribunal.\n\t(2)\tSubject to subclause (3), if a person—\n\t(a)\twho has been served with a summons to attend before the Tribunal fails without reasonable excuse to attend in obedience to the summons; or\n\t(b)\twho has been served with a summons to produce any document, object or material fails without reasonable excuse to comply with the summons; or\n\t(c)\tmisbehaves before the Tribunal, wilfully insults the Tribunal or interrupts the proceedings of the Tribunal; or\n\t(d)\trefuses to be sworn or to affirm, or to answer a relevant question, when required to do so by the Tribunal,\nthe person is guilty of an offence and liable to a penalty not exceeding $2 500.\n\t(3)\tA person is not obliged to answer a question under this clause if the answer to the question would tend to incriminate the person of an offence, or to produce any document, object or material if it or its contents would tend to incriminate the person of an offence.\n5—Practice and procedure\nSubject to this Act and the regulations, the practice and procedure of the Tribunal are to be as determined by the Tribunal.\n","sortOrder":15},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 2—Transitional provisions\n2—Transitional provisions\n\t(1)\tSubject to this clause, a person holding a position or employed under the repealed Act immediately before the commencement of this Act continues, subject to this Act, in the position or employment as if appointed under the corresponding provision of this Act.\n\t(2)\tFor the purposes of subclause (1), a police aide is to be taken to continue as a community constable.\n\t(3)\tSections 16, 17 and 18 do not apply to the holder of a position of Assistant Commissioner appointed to the position before the commencement of the Police (Contract Appointments) Amendment Act 1996 (19 December 1996) and instead the provisions of this Act relating to conditions of appointment, performance standards and termination of appointment (including subclause (4)) apply to the holder of such a position in the same way as to an officer below the rank of Assistant Commissioner.\n\t(4)\tThe provisions of Part 4 relating to performance standards apply to an officer below the rank of Assistant Commissioner appointed to his or her position before the commencement of this Act as well as to a person appointed to a position as an officer after that commencement.\n\t(5)\tGeneral and special orders given by the Commissioner and in force under the repealed Act immediately before the commencement of this Act continue in force subject to this Act as if given under Part 2 of this Act.\n\t(6)\tA direction, determination, limitation, delegation or decision of any kind given, imposed or made by the Commissioner and in force under the repealed Act immediately before the commencement of this Act continues in force subject to this Act as if given, imposed or made under the corresponding provision of this Act.\n\t(7)\tA reference in another Act or in an instrument (whether of a legislative nature or not) to a police aide is to be read as a reference to a community constable.\n\t(8)\tThe Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Schedule, to the repeal effected by this Schedule.\n\t(9)\tIn this clause—\nrepealed Act means the Police Act 1952 repealed by this Schedule.\nLegislative history\nNotes\n\t•\tPlease 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.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Police Act 1998 repealed the following:\nPolice Act 1952\nLegislation amended by principal Act\nThe Police Act 1998 amended the following:\nActs Interpretation Act 1915\nPolice Superannuation Act 1990\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nPolice Act 1998\n3.9.1998\n1.7.1999 (Gazette 30.6.1999 p3310)\nDistrict Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 31)—1.6.2000 (Gazette 18.5.2000 p2554)\nStatutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004\n16.12.2004\nPt 3 (s 9)—13.1.2005 (Gazette 13.1.2005 p69)\nStatutes Amendment (Criminal Intelligence) Act 2012\n24.5.2012\nPt 6 (s 10)—12.7.2012 (Gazette 12.7.2012 p3110)\nIndependent Commissioner Against Corruption Act 2012\n6.12.2012\nSch 3 (cll 60—62)—20.12.2012 (Gazette 20.12.2012 p5742)\nPolice (GST Exemption) Amendment Act 2013\nStatutes Amendment (Police) Act 2013\n24.10.2013\nPt 2 (s 15)—1.7.2014; ss 4—14, 16—18 & Sch 1—1.9.2014 (Gazette 26.6.2014 p3021)\nPolice Complaints and Discipline Act 2016\n8.12.2016\nSch 1 (cll 20—24 & 53)—4.9.2017 (Gazette 29.8.2017 p3794)\nStatutes Amendment (South Australian Employment Tribunal) Act 2016\n8.12.2016\nPt 17 (ss 122—127)—1.7.2017 (Gazette 16.5.2017 p1221)\nPolice (Drug Testing) Amendment Act 2017\n28.11.2017\n1.4.2019 (Gazette 21.3.2019 p928)\nStatutes Amendment (Terror Suspect Detention) Act 2017\n12.12.2017\nPt 5 (s 27)—26.2.2018 (Gazette 13.2.2018 p733)\nStatutes Amendment and Repeal (Budget Measures) Act 2021\n25.2.2021\nPt 9 (ss 18 to 39) & Pt 15 (ss 56 to 64)—10.10.2022 (Gazette 29.9.2022 p6255)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\ns 3\n\nCode\nsubstituted by 60/2016 Sch 1 cl 20(1)\n\nsubstituted by 5/2021 s 18(1)\nmember of SA Police\namended by 5/2021 s 18(2)\nminor misconduct\ndeleted by 60/2016 Sch 1 cl 20(2)\nPolice Disciplinary Tribunal\ndeleted by 60/2016 Sch 1 cl 20(3)\nPolice Ombudsman\nPolice Complaints Authority amended to read Police Ombudsman by 52/2012 Sch 3 cl 60\n\ndeleted by 60/2016 Sch 1 cl 20(4)\npolice security officer\ninserted by 5/2021 s 18(3)\nSAET\ninserted by 63/2016 s 122\nPt 2\n\ns 9\namended by 5/2021 s 19\ns 10\n\ns 10(1)\namended by 5/2021 s 20\ns 11\n\ns 11(1)\namended by 5/2021 s 21(1)\ns 11(2)\namended by 5/2021 s 21(2)\nPt 4\n\ns 27\n\ns 27(2)\nsubstituted by 49/2013 s 4(1)\ns 27(3)\namended by 49/2013 s 4(2)\ns 27(4)\ndeleted by 49/2013 s 4(3)\ns 27(7) and (8)\ninserted by 49/2013 s 4(4)\nPt 6\n\namended by 49/2013 s 5\n\nsubstituted by 60/2016 Sch 1 cl 21\nPt 6 Div 1 before deletion by 60/2016\n\ninserted by 49/2013 s 6\ns 37\n\ns 37(2)\namended by 49/2013 s 7(1)—(3)\ns 38\n\ns 38(1a)\ninserted by 52/2012 Sch 3 cl 61\ns 38(2)\namended by 52/2012 Sch 3 cl 60\ns 40\n\ns 40(1)\namended by 49/2013 s 8(1)\ns 40(2)\ninserted by 49/2013 s 8(2)\nPt 6 Div 1\ndeleted by 60/2016 Sch 1 cl 22\nPt 6 Div 2\ninserted by 49/2013 s 9\namended by 5/2021 s 22\ns 41A\n\ns 41A(1)\n\ncritical incident\namended by 5/2021 s 23(1)—(3)\ndrug screening test\ninserted by 48/2017 s 4(1)\noral fluid analysis\nsubstituted by 48/2017 s 4(2)\ns 41B\n\ns 41B(1)\namended by 48/2017 s 5\n\namended by 5/2021 s 24(1)\ns 41B(2)\namended by 5/2021 s 24(2)—(6)\ns 41C\n\ns 41C(1)\namended by 48/2017 s 6\ns 41C(2)\namended by 5/2021 s 25(1), (2)\ns 41D\n\ns 41D(2)\namended by 5/2021 s 26\ns 41E\n\ns 41E(1)\namended by 5/2021 s 27(1), (2)\nPt 6 Div 3 before deletion by 60/2016\n\ninserted by 49/2013 s 10\ns 42\n\ns 42(1)\namended by 49/2013 s 11(1)\ns 42(1a)\ninserted by 49/2013 s 11(2)\ns 42(2)\namended by 49/2013 s 11(3)\nPt 6 Div 3\ndeleted by 60/2016 Sch 1 cl 23\nPt 7\n\ns 45\n\ns 45(2)\nsubstituted by 51/2004 s 9\nPt 8\n\ns 48\n\ns 48(1)\namended by 63/2016 s 123(1)\ns 48(1a)\ninserted by 5/2021 s 28\ns 48(2)\nsubstituted by 63/2016 s 123(2)\ns 48(3)\namended by 63/2016 s 123(3)\nss 49 and 50\ndeleted by 63/2016 s 124\ns 51 before deletion by 63/2016\n\ns 51(2)\namended by 4/2000 s 9(1) (Sch 1 cl 31(a))\n1.6.2000\ns 51(3)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 31(b))\n1.6.2000\ns 51\ndeleted by 63/2016 s 124\ns 52\n\ns 52(1)\namended by 63/2016 s 125(1)\ns 52(1a)\ninserted by 5/2021 s 29\ns 52(2)\nsubstituted by 63/2016 s 125(2)\ns 52(3)\namended by 63/2016 s 125(3)\ns 52(4)\namended by 63/2016 s 125(4)\ns 53\n\ns 53(1)\n\nprescribed promotional position\namended by 5/2021 s 30(1)\ns 53(3)\ninserted by 5/2021 s 30(2)\ns 55\n\ns 55(1)\nsubstituted by 49/2013 s 12\n\namended by 5/2021 s 31(1)\ns 55(2)\namended by 5/2021 s 31(2)\ns 55(3)\namended by 5/2021 s 31(3)\ns 56\n\ns 56(1)\namended by 5/2021 s 32\nPt 9\n\ns 59\nsubstituted by 49/2013 s 13\ns 61\n\ns 61(2)\nsubstituted by 49/2013 s 14\ns 61(3) and (4)\ninserted by 49/2013 s 14\nPt 9A\ninserted by 5/2021 s 33\nPt 10\n\ns 65\nsubstituted by 49/2013 s 15\n1.7.2014\ns 65(1)\namended by 5/2021 s 34(1)\ns 65(2)\namended by 5/2021 s 34(2)\ns 65(3)\namended by 5/2021 s 34(3), (4)\ns 65(4)\namended by 5/2021 s 34(5), (6)\ns 65(5)\namended by 5/2021 s 34(7)—(9)\ns 67\n\ns 67(1)\namended by 5/2021 s 35(1), (2)\ns 67(2)\namended by 5/2021 s 35(3), (4)\ns 67(3)\namended by 52/2012 Sch 3 cl 62\n\namended by 5/2021 s 35(5), (6)\ns 67(4)\n\namended by 5/2021 s 35(7), (8)\ns 67(5)\n\nsubstituted by 5/2021 s 35(9)\ns 67(6) and (7)\ns 69\n\ns 69(4)\ninserted by 5/2021 s 36\ns 70\n\ns 70(1)\namended by 60/2016 Sch 1 cl 24\ns 70(2)\nsubstituted by 49/2013 s 17(1)\ns 70(4)\namended by 49/2013 s 17(2)\ns 70(5)\namended by 49/2013 s 17(3)\ns 70(6)\ninserted by 49/2013 s 17(4)\ns 71A\ninserted by 5/2021 s 37\ns 74\n\ns 74(1)\namended by 5/2021 s 38(1), (2)\ns 74(2)\namended by 5/2021 s 38(3)\ns 74(3)\namended by 5/2021 s 38(4)\ns 74(4)\n\npolice security property\ninserted by 5/2021 s 38(5)\npolice security uniform\ninserted by 5/2021 s 38(5)\ns 74A\ninserted by 19/2012 s 10\n12.7.2012\ns 74B\ninserted by 69/2017 s 27\n26.2.2018\ns 75\n\ns 75(1)\namended by 5/2021 s 39\ns 76\n\ns 76(2)\namended by 27/2013 s 3\nSch 1\n\ncl 1\n\ncl 1(2)—(7)\ndeleted by 49/2013 s 18(1)\ncl 1A\ninserted by 49/2013 s 18(2)\n\ndeleted by 63/2016 s 126\ncl 1B\ninserted by 49/2013 s 18(2)\ncl 2\nsubstituted by 49/2013 s 18(2)\nSch 2\n\ncl 1\nSch 3\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Police) Act 2013, Sch 1\n1—Transitional provisions\n\t(1)\tSection 27 of the Police Act 1998, as amended by Part 2 of this Act, applies to an appointment—\n\t(a)\tmade on or after the commencement of this clause; or\n\t(b)\tmade prior to the commencement of this clause if the period of probation for the appointment has not ended before that commencement.\n\t(2)\tSection 55 of the Police Act 1998, as amended by Part 2 of this Act, applies to a selection process conducted after the commencement of this clause.\nStatutes Amendment (South Australian Employment Tribunal) Act 2016\n127—Transitional provisions\n\t(1)\tIn this section—\nprincipal Act means the Police Act 1998;\nrelevant day means the day on which this Part comes into operation;\nSAET means the South Australian Employment Tribunal.\n\t(2)\tA decision, direction or order of the Police Review Tribunal under Part 8 Division 1 or 2 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of SAET.\n\t(3)\tA right to apply to the Police Review Tribunal under Part 8 Division 1 or 2 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before SAET rather than the Police Review Tribunal.\n\t(4)\tAny proceedings before the Police Review Tribunal under Part 8 Division 1 or 2 of the principal Act immediately before the relevant day will, subject to such directions as the President of SAET thinks fit, be transferred to SAET where they may proceed as if they had been commenced before SAET.\n\t(5)\tSAET may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Police Review Tribunal, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Police Review Tribunal that may be relevant to proceedings before SAET; and\n\t(c)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Police Review Tribunal before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\nPolice Complaints and Discipline Act 2016, Sch 1 Pt 16—Transitional provisions\n53—Certain orders of Commissioner etc under repealed Act taken to be valid\nFor the purposes of the law of the State, the following actions purportedly ordered or taken under section 40 of the Police Act 1998 or a corresponding previous enactment in respect of a member of SA Police will be taken to be valid, and always to have been valid:\n\t(a)\ta reduction in rank of the member;\n\t(b)\ta reduction in the seniority of the member.\nStatutes Amendment and Repeal (Budget Measures) Act 2021, Pt 15—Savings and transitional provisions\n56—Continuation of appointments of protective security officers\n\t(1)\tAn appointment of a person who was, immediately before the commencement of this section, a protective security officer under the Protective Security Act 2007 will, on the commencement of this section and subject to the Police Act 1998 (as amended by this Act)—\n\t(a)\tcontinue in accordance with its terms; and\n\t(b)\tbe taken to be an appointment as a police security officer under Part 9A of the Police Act 1998; and\n\t(c)\tbe subject to the same conditions or limitations (including, to avoid doubt, limitations of duties or powers) as applied in relation to the person's appointment immediately before the commencement of this section.\n\t(2)\tTo avoid doubt, subsection (1) applies in relation to an appointment that is, immediately before the commencement of this section, suspended under the Protective Security Act 2007.\n\t(3)\tThe continuation of an appointment under this section will be taken not to amount to an interruption of service (however described).\n\t(4)\tAny rights, entitlements or liabilities accrued by a person whose appointment is continued under this section will be taken not to be affected by the operation of this section.\n57—Suspension of protective security officer to continue\n\t(1)\tIf the appointment of a protective security officer is, immediately before the commencement of this section, suspended under the Protective Security Act 2007, the suspension—\n\t(a)\twill continue in accordance with its terms; and\n\t(b)\twill be taken to be a suspension under Part 9A of the Police Act 1998.\n\t(2)\tA determination of the Commissioner under section 36 of the Protective Security Act 2007 relating to a suspension referred in subsection (1)—\n\t(a)\twill continue in accordance with its terms; and\n\t(b)\twill be taken to be a determination of the Commissioner under section 70 of the Police Act 1998.\n58—Identification of protective security officers taken to satisfy section 63I of Police Act 1998\nAn identity card issued to a protective security officer under section 32 of the Protective Security Act 2007 (being an officer whose appointment is continued under section 56) will be taken to be an identity card issued under, and to comply with, section 63I of the Police Act 1998. \n59—Continuation of determinations of protected persons, places or vehicles\nA determination made by the Minister under section 4 of the Protective Security Act 2007 and in force immediately before the commencement of this section—\n\t(b)\twill be taken to be a determination made by the Minister under section 63B of the Police Act 1998.\n60—Continuation of certain orders\nA general or special order made by the Commissioner under section 9 of the Protective Security Act 2007 and in force immediately before the commencement of this section—\n\t(b)\twill be taken to be a general or special order (as the case requires) made or given by the Commissioner under section 11 of the Police Act 1998.\n61—Continuation of certain directions of Police Minister\nA direction given by the Police Minister to the Commissioner under the Protective Security Act 2007 and in force immediately before the commencement of this section—\n\t(b)\twill be taken to be a direction of the Minister given to the Commissioner under the Police Act 1998.\n62—Continuation of determination of structure of ranks\nA determination of the Commissioner under section 11 of the Protective Security Act 2007 and in force immediately before the commencement of this section—\n\t(b)\twill be taken to be a determination of the Commissioner under section 63F of the Police Act 1998.\n63—Continuation of certain directions of protective security officers\nA direction given by a protective security officer under Part 4 of the Protective Security Act 2007 and in force immediately before the commencement of this section—\n\t(b)\twill be taken to be a direction of a police security officer under Part 9A Division 4 of the Police Act 1998.\n64—Continuation of custody of certain objects and substances\nAn object or substance detained under section 18 of the Protective Security Act 2007 and in the custody of a police officer immediately before the commencement of this section—\n\t(a)\tmay, on the commencement of this section, continue to be detained in the custody of the police officer; and\n\t(b)\twill be taken to have been detained and handed over into the custody of the police officer under section 63R of the Police Act 1998.\nHistorical versions\nReprint No 1—1.6.2000\n\n12.7.2012\n\n1.7.2014\n\n26.2.2018\n\n","sortOrder":16}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":841},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1998 scope. The 2022 amendments (Statutes Amendment and Repeal (Budget Measures) Act 2021) transferred the entire protective security function from the Protective Security Act 2007 into this Act as Part 9A, creating a new category of 'police security officers' with extensive search and detention powers. Earlier additions included drug and alcohol testing (2017), terrorism intelligence provisions (2017), and criminal intelligence oversight (2012). The Act now governs not just conventional policing but protective security, counter-terrorism intelligence, and forensic testing regimes."},"complexity_factors":["Multiple overlapping personnel categories with different rules (regular police, community constables, special constables, police security officers, cadets, medical officers)","Extensive cross-referencing to other Acts (Police Complaints and Discipline Act 2016, South Australian Employment Tribunal Act 2014, Protective Security Act 2007, Emergency Management Act 2004, etc.)","Detailed procedural requirements for terminations, transfers, and promotions with multiple review pathways","Conditional logic throughout — powers can be limited, suspended, or modified by instrument, notice, or regulation","Nested definitions and interpretation sections that vary by Part or Division","Police security officer provisions (Part 9A) contain elaborate search powers with multiple sub-conditions (electronic scanning vs physical search, same-sex requirements, cultural sensitivity provisions)","Transitional provisions preserving pre-existing appointments, determinations, and directions across multiple amending Acts"],"plain_english_summary":"This is South Australia's **Police Act 1998**, which establishes and governs **South Australia Police (SA Police)** — the state's police force.\n\n**What it does:**\n\n- **Creates the police force structure**: Establishes the Commissioner, Deputy Commissioner, Assistant Commissioners, and other ranks (officers, sergeants, constables, community constables)\n- **Sets the purpose of police**: Upholding law, preserving peace, preventing crime, assisting in emergencies, and regulating road use\n- **Gives the Commissioner control**: The Commissioner manages SA Police, subject only to written directions from the Minister (which must be published and tabled in Parliament)\n- **Protects operational independence**: Ministers cannot direct the Commissioner on individual appointments, transfers, discipline, or terminations\n\n**Who it covers:**\n\n- **Regular police**: Officers, sergeants, constables, community constables\n- **Police security officers**: A specialised category (added in 2022) who protect designated public officials, places, and vehicles — with powers to search people, remove threats, and detain those who refuse directions\n- **Special constables**: Temporary appointments for emergencies or special purposes\n- **Police cadets and medical officers**: Trainees and doctors who support police operations\n\n**Key employment features:**\n\n- **Merit-based appointments**: Selection must be based on conduct, abilities, qualifications, and experience — not nepotism or patronage\n- **Probationary periods**: Up to 2 years for new recruits, with performance standards\n- **Drug and alcohol testing**: Mandatory testing after critical incidents, high-risk driving, or reasonable suspicion of impairment\n- **Review rights**: Terminations and punitive transfers can be reviewed by the South Australian Employment Tribunal (SAET); promotion disputes go to the Police Review Tribunal\n\n**Why it matters:**\n\nThis Act balances **police operational independence** with **accountability**. It ensures police are managed professionally and fairly, while giving the community confidence that appointments and promotions are merit-based. The 2022 addition of police security officers (transferring protective security functions from a separate Act) consolidated security arrangements under police command.\n\n**Notable protections:**\n\n- Police and security officers are protected from personal liability for honest acts done in good faith\n- Criminal intelligence and terrorism intelligence handling is strictly regulated with independent oversight\n- Annual reporting to Parliament ensures transparency"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrieved. The page returned was a website error message from the South Australian legislation portal, not the Police Act 1998 itself. Please re-submit with the actual text of the legislation."},"complexity_factors":["No actual legislative text was retrieved — the source URL returned a 404 Page Not Found error","The content provided is entirely a website error page, not legislative provisions","No sections, definitions, schedules, or operative clauses were available for analysis","Complexity cannot be meaningfully assessed without the substantive text of the Act"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe legislation content you attempted to retrieve — the **Police Act 1998 (SA)** — could not be loaded. The link or bookmark used appears to be outdated following a website update to the South Australian legislation portal on **24 March 2026**.\n\n**What this means for you:**\n- The actual text of the Police Act 1998 was not provided for analysis\n- No substantive legal content could be assessed\n- To access the Act, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for \"Police Act 1998\"\n\n**What the Police Act 1998 (SA) generally does** (based on known public information, not the retrieved text):\nIt establishes the framework for South Australia Police (SAPOL), covering how officers are appointed, their powers, conduct standards, disciplinary processes, and complaint handling. It affects **police officers, applicants to the police force, and members of the public** who interact with or make complaints about police."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since its original enactment, the Act’s operational scope has been extended and reconfigured by later amendments. Notable changes in the textual record include: the insertion of a statutory police security officer regime with separate powers and Ministerial determinations for protected persons/places/vehicles (Part 9A; inserted by later amendment); a formal drug and alcohol testing Division that authorises testing of members and applicants and delegates procedures to regulations (ss41A–41E; inserted/amended by later Acts); transfer of certain review jurisdiction to the South Australian Employment Tribunal and related transitional adjustments (Part 8 and transitional provisions); the addition of criminal intelligence and terrorism intelligence reporting and confidentiality mechanisms (ss74A–74B); and various adjustments to appointment, suspension and immunity provisions (eg s65 substituted/amended). These amendments materially broaden the Act’s operational instruments (powers to search, detain and test; procedural and evidentiary rules) and increase reliance on regulations and executive determinations (eg s63D, s76)."},"complexity_factors":["Extensive delegation of operational detail to regulations (s76) and Commissioner orders (s11) increases interpretative load","Multiple decision‑makers with overlapping powers (Governor, Premier, Minister, Commissioner) and different appointment processes (ss12–16, s13)","Cross‑references to other Acts and external tribunals (Police Complaints and Discipline Act 2016, SAET, Royal Commissions Act), requiring reading across instruments (eg ss25, 48, 74A)","Detailed special‑purpose regimes (drug and alcohol testing ss41A–41E; police security officers Part 9A) with technical procedures and evidentiary limits","Multiple review and appeal pathways with procedural conditions (Part 8; Schedule 1) and transfer of jurisdictional functions over time","Significant discretionary powers for Commissioner (orders, delegation, suspension, appointment limits) that require close attention to procedural safeguards (ss11, 19, 63J)","Numerous penalties, evidentiary presumptions and immunity/indemnity rules that affect litigation risk and liability allocation (ss65, 63V, 71A)","Transitional provisions and a layered amendment history that change scope and operation (Schedules and legislative history sections)"],"plain_english_summary":"### What this law does, in plain terms\n\n- Creates and sets up South Australia Police (\"SA Police\"): who belongs to it, how it is managed and what its core functions are (composition: s4; purpose: s5).  \n- Makes the Commissioner of Police the day‑to‑day manager of SA Police, police cadets, police medical officers and police security officers, subject to this Act and to any written directions of the Minister (s6, s9).  \n- Establishes how senior leaders are appointed, paid and removed: the Governor appoints the Commissioner (s12); the Commissioner’s terms and pay are set by a contract with the Premier and charged to the Consolidated Account (s13); Deputy and Assistant Commissioners are appointed under contract and have similar term limits (ss14–16).  \n- Gives the Commissioner wide operational powers to make binding general and special orders for control and management (s11), to delegate functions in writing (s19), and to appoint officers, sergeants, constables, community constables, special constables and police security officers (ss20–21, 24, 59, 63E).  \n- Sets personnel rules: oath or affirmation on appointment (s25); probation and performance standards (ss27, 28); resignation and notice rules (ss29, 33–35, 63K).  \n- Provides grounds and procedures for transfer, suspension, termination and reduction in rank for incapacity or unsatisfactory performance, and for internal review or external review in certain cases (ss45–47; Part 8; Schedule 1).  \n- Authorises drug and alcohol testing of members, cadets, police security officers and applicants in specified circumstances and delegates procedures to regulations (ss41A–41E, 41D).  \n- Creates a statutory category of police security officers with powers to give directions, search, detain and remove people in relation to protected persons, places and vehicles (Part 9A Divisions 1–4; eg ss63B, 63P–63T). Determinations of what or who is protected are made by the Minister (s63B).  \n- Confers legal protections and Crown indemnity for honest acts or omissions done under the Act (s65).  \n- Gives the Governor and Minister broad regulation‑making powers to fill procedural detail, to modify how the Act operates for police security officers, and to impose penalties or fees (s63D, s76).  \n- Requires an annual report from the Commissioner to the Minister, and parliamentary tabling of some Ministerial directions and decisions (ss13(5)–(6), 8, 75).\n\n### Official purpose claimed in the Act\n- The Act states SA Police’s purpose is to reassure and protect the community by upholding the law, preserving the peace, preventing crime, assisting in emergencies, coordinating emergency responses and regulating road use (s5).  \n\n### How the mechanics of the law serve that purpose — and the trade‑offs they create\n(References in parentheses are to the relevant sections.)\n\nWho decides\n- Major appointment decisions: Governor appoints Commissioner (s12); Premier and Commissioner negotiate the Commissioner’s contract (s13(1)). The Minister can give written directions to the Commissioner (s6) but cannot direct the Commissioner about employment decisions relating to particular named persons (s7). The Minister also decides what public officials, places or vehicles need protective security (s63B).  \n\nWho pays\n- The Commissioner’s remuneration and benefits under contract are a charge on the Consolidated Account (s13(4)). Remuneration, allowances and expenses for other categories (police security officers, special constables, community constables) are set by the Commissioner (ss63H(1)–(2), 63(1)). The Crown bears civil liability where an immunity applies (s65(2)).  \n\nWhat behaviour changes for individuals and organisations\n- Police leaders gain broad powers to issue binding orders, transfer staff without selection processes in many cases, require drug and alcohol testing in defined circumstances (ss11, 47, 41B).  \n- Members, cadets, police security officers and applicants can be required to submit to breath, oral fluid, urine or blood testing where the Commissioner’s orders, critical incidents, reasonable cause or classified appointments apply (ss41B, 41C).  \n- Police security officers can direct, search, refuse entry, detain and hand persons over to police within specified protected settings; failure to obey directions or to provide identity can be an offence carrying penalties (ss63P–63Q, 63V).  \n- Persons appointed under fixed‑term arrangements because of special expertise may be engaged on shorter contracts and non‑standard conditions (s23).  \n\nCompliance burdens and administrative procedures\n- Individuals must make prescribed oaths or affirmations on appointment or their appointment is void (s25, s63G, s60).  \n- Members and officers face procedural steps before termination for incapacity or unsatisfactory performance, including inquiries, notice and panels in some cases (ss45–46).  \n- Drug and alcohol testing procedures, handling of biological samples, confidentiality and limits on use of results are delegated to regulations and specific provisions (ss41D, 41E).  \n- Selection and promotion to prescribed promotional positions require regulated selection processes and provide limited grounds for review to a tribunal (ss54–58, Sch 1).  \n\nBureaucratic discretion and regulatory gap‑filling\n- The Commissioner has broad discretion over orders, appointments, rank structure for police security officers, limitations on powers and suspension/termination in many contexts (ss11, 63F, 63O, 63J).  \n- Regulations may modify the operation of this Act in relation to police security officers, create additional duties, confer powers and even prescribe fines for non‑compliance (s63D). The Governor and Minister may make regulations that leave matters to their discretion (s76(2)(b)). That means many operational details and exceptions are implemented by subordinate rules rather than the Act itself.  \n\nIncentives, costs and who bears them\n- Concentrated decision rights rest with the Commissioner, Minister and Governor; decisions about protected places/people and expanding duties are made by a Minister (s63B) or by regulation (s63D). That centralisation concentrates the benefits of rapid operational decision‑making but also places the costs of errors, legal challenges or compensation on the Crown (s65).  \n- Administrative costs arise from regulated testing, record keeping (criminal and terrorism intelligence, ss74A–74B), tribunal hearings and annual reporting (ss74A(2)–(9), 75). Individuals bear compliance costs (testing, searches, attending reviews), and the Crown bears most direct financial liabilities for acts protected as honest (s65).  \n\nChecks, review and evidential rules\n- Review avenues exist: termination, transfer and promotion decisions have specified review paths to the South Australian Employment Tribunal or the Police Review Tribunal (Part 8; Schedule 1). Some evidentiary rules and limits on admissibility are set (eg drug test results limited to disciplinary proceedings: s41E(2); tribunal procedures: Sch 1).  \n\nPotential implementation risks and trade‑offs (mechanisms, not conclusions)\n- The Act gives the Commissioner and the Minister substantial discretion and delegates technical detail to regulations (ss11, 19, 63D, 76). That reduces legislative detail but increases reliance on subordinate instruments and administrative decision‑making.  \n- Police security officers are given search, detention and direction powers in defined contexts (ss63P–63T). Those powers are tied to Ministerial determinations of \"protected\" status (s63B) and to procedural limits in the Act (eg search safeguards at ss63Q(3)–(5)), so how those determinations are made and signposted affects scope in practice.  \n- Drug and alcohol testing is authorised and procedures left to regulation; the Act also limits secondary use of samples and results (ss41D, 41E). The practical balance between operational oversight and privacy/confidentiality rests on regulatory and operational practices.  \n\nWhat it matters for (who it affects most)\n- Directly affects the Commissioner, senior police leadership, members of SA Police, police cadets, police medical officers, special constables, police security officers and applicants for those roles.  \n- Indirectly affects people who interact with protected persons, places or vehicles (due to directions, searches, detention powers and related offences), and the Crown insofar as it bears liability and pays remuneration and indemnities (s65, s13(4)).\n\n(Selected key references: composition and purpose s4–5; Commissioner powers and orders ss6, 11, 19; appointment terms ss12–16; appointments and probation ss20–29; drug testing ss41A–41E; transfer/termination ss45–47; review Part 8 and Sch 1; police security officers Part 9A (eg ss63B, 63F, 63P–63T); protections s65; regulations s76.)"}},"importantCases":[],"_links":{"self":"/api/acts/police-act-1998","history":"/api/acts/police-act-1998/history","analysis":"/api/acts/police-act-1998/analysis","conflicts":"/api/acts/police-act-1998/conflicts","importantCases":"/api/acts/police-act-1998/important-cases","documents":"/api/acts/police-act-1998/documents"}}