{"id":"police-complaints-and-discipline-act-2016","name":"Police Complaints and Discipline Act 2016","slug":"police-complaints-and-discipline-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106293,"registerId":"sa-police-complaints-and-discipline-act-2016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Police Complaints and Discipline Act 2016","content":"South Australia\nPolice Complaints and Discipline Act 2016\nAn Act to provide for the resolution of complaints made in respect of police officers and certain other persons, to make provision in relation to disciplinary proceedings in respect of police officers and other persons, to repeal the Police (Complaints and Disciplinary Proceedings) Act 1985 and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tApplication of Act\n5\tSeparate Internal Investigation Section to be constituted\n6\tComplaint management system\n7\tCode of conduct\n8\tFunctions of OPI under Act\n9\tComplainant and designated officer to be kept informed of progress of complaint\nPart 2—Making complaints and reports\nDivision 1—Complaints and reports about conduct of designated officers\n10\tMaking a complaint about conduct of designated officer or police security officer\n11\tRight of persons in custody to make complaint\n12\tDesignated officers to report certain conduct of other designated officers\n13\tAction to be taken on receipt of complaint or report\nDivision 2—Assessment of complaints and reports\n14\tAssessment of complaints and reports by IIS\n15\tCommissioner may decline to act in relation to certain complaints\nPart 3—Certain matters to be resolved by management resolution\n16\tApplication of Part\n17\tFurther matters relating to operation of Part\n18\tDealing with matters by way of management resolution\n19\tReporting results of management resolution of matter\n20\tMonitoring of management resolutions under Part\nPart 4—Formal proceedings for breach of discipline\n21\tInvestigations of complaints and reports by IIS\n22\tNotice of allegation to be issued in respect of breaches of discipline\n23\tSuspension where charge of offence or alleged breach of discipline\n24\tDesignated officer may admit or deny allegations\n25\tAllegations to be heard and determined by Tribunal\n26\tCommissioner may sanction designated officer following offence or breach of discipline\nPart 5—Oversight of complaints and reports by OPI etc\n27\tOPI may direct Commissioner etc in relation to handling of complaints and reports\n28\tReassessment of certain complaints and reports by OPI\n29\tOPI may refer complaints and reports to ICAC\n30\tICAC may investigate matters under section\n31\tAnnual report on sanctions imposed for breaches of discipline\nPart 6—Appeals\n32\tAppeals\nPart 7—Police Disciplinary Tribunal\n33\tConstitution of Police Disciplinary Tribunal\n34\tRegistrar and deputy registrar\n35\tProceedings before Tribunal\n36\tPowers of Tribunal\n37\tProtection of Tribunal, counsel and witnesses\n38\tReference of question of law\n39\tCosts\n40\tReasons for decision\nPart 8—Miscellaneous\n41\tObstruction of complaint or report\n42\tFalse or misleading statements\n43\tUse of evidence or information obtained under other Acts etc\n44\tLimitation on requirement to divulge information\n45\tConfidentiality\n46\tPublication of information and evidence\n47\tService\n48\tReview of Act\n49\tRegulations\nSchedule 1—Repeal and transitional provisions\nPart 15—Repeal of Police (Complaints and Disciplinary Proceedings) Act 1985\n52\tRepeal of Police (Complaints and Disciplinary Proceedings) Act 1985\nPart 16—Transitional provisions\n53\tCertain orders of Commissioner etc under repealed Act taken to be valid\n54\tComplaints, reports and proceedings under Police (Complaints and Disciplinary Proceedings) Act 1985\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Police Complaints and Discipline Act 2016.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nbreach of discipline means conduct that contravenes this Act or breaches the code of conduct and that may be the subject of a notice of allegation under this Act;\nclose relative of a person means a spouse, domestic partner, parent or child of the person;\ncode of conduct or Code means—\n\t(a)\tin relation to a designated officer who is a police security officer—the code of conduct established under section 7(1)(b); or\n\t(b)\tin relation to a designated officer who is not a police security officer—the code of conduct established under section 7(1)(a);\ncomplaint means a complaint made under section 10;\ncomplaint management system—means the complaint management system established under section 6;\ncorruption in public administration has the same meaning as in the Independent Commission Against Corruption Act 2012;\ndesignated officer means a person who is—\n\t(a)\ta member of SA Police; or\n\t(b)\ta police cadet; or\n\t(c)\ta special constable; or\n\t(d)\ta police security officer;\nIndependent Commission Against Corruption or ICAC means the Commission under the Independent Commission Against Corruption Act 2012;\nInternal Investigation Section or IIS means the section of the police force constituted in accordance with section 5;\nmaladministration in public administration has the same meaning as in the Ombudsman Act 1972;\nmisconduct in public administration has the same meaning as in the Ombudsman Act 1972;\nnotice of allegation—see section 22(1);\nOffice for Public Integrity or OPI means the Office for Public Integrity under the Independent Commissioner Against Corruption Act 2012;\npolice public servant means a person (not being a designated officer) employed or performing duties in an administrative unit of the Public Service of which the Commissioner is the Chief Executive;\nparty, to proceedings before the Tribunal, means the Commissioner and the designated officer to whom the proceedings relate;\nreport means a report made under section 12;\nresolution officer—see section 18(1);\nTribunal means the Police Disciplinary Tribunal.\n\t(2)\tIn this Act, the following terms or phrases have the same meaning as in the Police Act 1998:\n\t(a)\tCommissioner;\n\t(b)\tmember of SA Police;\n\t(c)\tpolice cadet;\n\t(ca)\tpolice security officer;\n\t(d)\tSA Police;\n\t(e)\tspecial constable.\n\t(3)\tFor the purposes of this Act, a reference to the investigation of a matter will be taken to include a reference to the further investigation of the matter.\n4—Application of Act\n\t(1)\tThis Act is in addition to, and does not derogate from, the Independent Commission Against Corruption Act 2012.\n\t(2)\tThis Act is in addition to, and does not derogate from, the Police Act 1998.\n5—Separate Internal Investigation Section to be constituted\n\t(1)\tThe Commissioner must ensure that a separate section (the Internal Investigation Section or IIS) is constituted within SA Police to carry out investigations under this Act in relation to the conduct of designated officers.\n\t(2)\tIn addition to carrying out investigations under this Act, the IIS may carry out such other investigations in relation to the conduct of designated officers as may be required by the Commissioner.\n\t(3)\tThe officer in charge of the IIS is entitled to report directly to the Commissioner on any matter relating to the IIS or the performance of its functions.\n\t(4)\tIf a member of SA Police serving in the IIS is able to perform duties unrelated to the operation of this Act without unduly interfering with the duties or functions of the IIS, he or she may be directed to do so by the Commissioner.\n\t(5)\tFor the purposes of this Act, a reference to a member of the IIS will be taken to be a reference to a member of SA Police serving in the IIS.\n6—Complaint management system\n\t(1)\tThe Commissioner must establish a system to record information relating to making, assessment, investigation and resolution of complaints and reports made under this Act (the complaint management system).\n\t(2)\tThe complaint management system—\n\t(a)\tmust, in relation to each complaint or report entered on the system, contain such information as may be required by or under this Act; and\n\t(b)\tmust comply with any requirements set out in the regulations.\n\t(3)\tThe Commissioner must ensure that the ICAC and the OPI have direct and unrestricted access to the complaint management system for the purposes of this Act and the Independent Commission Against Corruption Act 2012.\n\t(4)\tThe regulations may make further provision in relation to the complaint management system (including, to avoid doubt, limiting access to the system by designated officers, the ICAC and the OPI).\n7—Code of conduct\n\t(1)\tThe Governor may, by regulation—\n\t(a)\testablish a code of conduct for the maintenance of professional standards by designated officers; and\n\t(b)\testablish a code of conduct for the maintenance of professional standards by police security officers.\n\t(2)\tWithout limiting the generality of subsection (1), a code of conduct may include provisions relating to—\n\t(a)\tthe performance of duties; and\n\t(b)\tcorrupt, improper or discreditable behaviour (including criminal conduct under foreign law); and\n\t(c)\tdrug and alcohol testing of members of SA Police, police cadets and police security officers; and\n\t(d)\tconduct towards other designated officers; and\n\t(e)\tstandards of personal behaviour or dress; and\n\t(f)\trelations with the public or particular groups or organisations; and\n\t(g)\tthe use of official information or resources; and\n\t(h)\tpublic comment; and\n\t(i)\tany other matter that the Governor considers relevant to the maintenance of professional standards.\n8—Functions of OPI under Act\nThe functions of the OPI under this Act are—\n\t(a)\tto oversee the assessment and investigation of complaints and reports relating to designated officers; and\n\t(b)\tto oversee the operation and enforcement of this Act; and\n\t(c)\tto refer certain complaints and reports to the ICAC in accordance with this Act and the Independent Commission Against Corruption Act 2012; and\n\t(d)\tsuch other functions as may be assigned to the OPI under this Act.\n9—Complainant and designated officer to be kept informed of progress of complaint\n\t(1)\tSubject to this section, the Commissioner must, except in the case of a complaint that is investigated by the ICAC under section 30, cause—\n\t(a)\tthe complainant in relation to a complaint; and\n\t(b)\teach designated officer who is the subject of a complaint,\nto be informed of the progress and resolution of the complaint.\n\t(2)\tSubject to this section, if a complaint is investigated by the ICAC under section 30, the ICAC must, in accordance with the requirements set out in the regulations, cause—\n\t(a)\tthe complainant in relation to the complaint; and\n\t(b)\teach designated officer who is the subject of the complaint,\nto be informed of the progress and resolution of the complaint.\n\t(3)\tHowever, the Commissioner or the ICAC need not keep a designated officer who is the subject of a complaint so informed if—\n\t(a)\tthe complaint is a complaint referred to in section 15; or\n\t(b)\tthe Commissioner or the ICAC (as the case requires) believes on reasonable grounds that—\n\t(i)\tso informing the designated officer would prejudice the investigation of the complaint; or\n\t(ii)\tthe complaint raises a potential issue of corruption in public administration that could be the subject of a prosecution.\nPart 2—Making complaints and reports\nDivision 1—Complaints and reports about conduct of designated officers\n10—Making a complaint about conduct of designated officer or police security officer\n\t(1)\tA person may make a complaint about the conduct of a designated officer in accordance with this section.\n\t(2)\tHowever, a complaint cannot be made under this section in relation to the employment, or terms or conditions of employment, of designated officers.\n\t(3)\tA complaint may be made by, or on behalf of, an aggrieved person to—\n\t(a)\ta designated officer (not being an officer to whom the complaint relates); or\n\t(b)\ta police public servant; or\n\t(c)\tthe OPI,\nand may, to avoid doubt, be made whether or not the designated officer to whom the complaint relates is identified by the complainant.\n\t(3a)\tHowever, a complaint about a designated officer who is not a police security officer cannot be made to a designated officer who is a police security officer.\n\t(4)\tA person wishing to make a complaint—\n\t(a)\tmust be advised by the person or body to whom the complaint is to be made that the complaint may be made in writing or orally; and\n\t(b)\tif the complainant wishes to make the complaint in writing, must, at his or her request, be provided with the materials necessary to do so.\n\t(5)\tIn the case of a complaint made orally, the person or body to whom the complaint is made must, as soon as is reasonably practicable (but in any event within 48 hours) after the complaint is made, reduce the complaint to writing in accordance with any requirements set out in the regulations for the purposes of this subsection.\n\t(6)\tWithout limiting any other provision of this Act, the IIS or the OPI may require a complaint made orally to be verified by the complainant in writing.\n11—Right of persons in custody to make complaint\n\t(1)\tIf a person detained in custody wishes to make a complaint about the conduct of a designated officer, any person performing duties in connection with the detention of the person must, at the request of the person, take all reasonable steps to ensure that the person can make a complaint under section 10.\n\t(2)\tA request referred to in subsection (1) must be complied with as soon as is reasonably practicable (but without there being any obligation to interrupt the carrying out of any other lawful procedure or function).\n12—Designated officers to report certain conduct of other designated officers\n\t(1)\tWithout limiting any other provision of this or any other Act, a designated officer who reasonably suspects that another designated officer has engaged in conduct that constitutes corruption, misconduct or maladministration in public administration must report that suspicion in accordance with this section.\n\t(2)\tA report—\n\t(a)\tmust be made to the IIS or the OPI as soon as is reasonably practicable (but in any event within 7 days) after the designated officer forms the suspicion; and\n\t(b)\tmust be made in a manner and form determined by the IIS or the OPI (as the case requires); and\n\t(c)\tmust comply with the requirements determined by the Commissioner and approved by the ICAC.\n\t(3)\tA designated officer who, without reasonable excuse, refuses or fails to comply with subsection (1) may be dealt with under this Act for a breach of discipline.\n13—Action to be taken on receipt of complaint or report\n\t(1)\tA designated officer or police public servant to whom a complaint is made must, as soon as is reasonably practicable (but in any event within 3 days) after the complaint is made, refer the complaint to the IIS in accordance with this section.\n\t(2)\tSubject to this Act, the OPI must, as soon as is reasonably practicable (but in any event within 3 days) after receiving a complaint or report, refer the complaint or report to the IIS in accordance with this section.\n\t(3)\tThe OPI need not refer a complaint or report to the IIS if the complaint or report is, or is to be, referred to the ICAC under section 29.\n\t(4)\tA referral under this section must comply with any requirements determined by the Commissioner and approved by the ICAC.\n\t(5)\tThe officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after receiving a complaint or report under this section, cause the information required by the regulations in respect of the complaint or report to be recorded on the complaint management system.\nDivision 2—Assessment of complaints and reports\n14—Assessment of complaints and reports by IIS\n\t(1)\tEach complaint or report received by or referred to the IIS under this Act must be assessed as to whether—\n\t(a)\tit raises a potential issue of corruption in public administration that could be the subject of a prosecution; or\n\t(b)\tit raises a potential issue of misconduct or maladministration in public administration; or\n\t(c)\tit raises some other issue that should, in the opinion of the officer in charge of the IIS, be referred to the OPI.\n\t(2)\tSubsection (1) does not apply to a particular complaint or report if—\n\t(a)\tthe conduct that is the subject of the complaint or report is being, or has previously been, assessed by the IIS, the OPI or the ICAC; or\n\t(b)\tthe conduct that is the subject of the complaint or report has been previously dealt with under this Act, the Police (Complaints and Disciplinary Proceedings) Act 1985, the Police Act 1998 or the Protective Security Act 2007; or\n\t(c)\tthe matter raised in the complaint or report is, in the opinion of the officer in charge of the IIS, trivial; or\n\t(d)\tthe complaint or report is, in the opinion of the officer in charge of the IIS, frivolous or vexatious or not made in good faith; or\n\t(e)\tin the case of a complaint—having regard to all the circumstances of the case, an investigation of the complaint is unnecessary or unjustifiable.\n\t(3)\tSubject to this Act, an assessment under this section may be conducted in such manner as the officer in charge of the IIS thinks fit.\n\t(4)\tIf a particular complaint is assessed as being a complaint referred to in subsection (1)(a) or (c), the officer in charge of the IIS must, in a manner and form determined by the OPI, notify the OPI of that fact.\n15—Commissioner may decline to act in relation to certain complaints\nThe Commissioner may decline to take further action in respect of a particular complaint or report if—\n\t(a)\tthe conduct that is the subject of the complaint or report has been previously dealt with under this Act, the Police (Complaints and Disciplinary Proceedings) Act 1985, the Police Act 1998, the Protective Security Act 2007 or the Independent Commission Against Corruption Act 2012; or\n\t(b)\tthe matter raised in the complaint or report is, in the opinion of the Commissioner, trivial; or\n\t(c)\tthe complaint or report is, in the opinion of the Commissioner, frivolous or vexatious or not made in good faith; or\n\t(d)\tin the case of a complaint—having regard to all the circumstances of the case, the Commissioner is of the opinion that an investigation of the complaint is unnecessary or unjustifiable (including, to avoid doubt, where the alleged conduct of the designated officer concerned is not sufficiently related to the exercise, performance or discharge (or purported exercise, performance or discharge) of his or her official powers, functions or duties).\nPart 3—Certain matters to be resolved by management resolution\n16—Application of Part\n\t(1)\tThis Part applies to matters of the following kinds:\n\t(a)\ta complaint or report determined by the Commissioner to be a complaint or report that may be dealt with under this Part;\n\t(b)\tan allegation relating to conduct of a designated officer of a kind determined by the Commissioner to be conduct that may be dealt with under this Part.\n\t(2)\tThe Commissioner may vary or revoke a determination under this section.\n\t(3)\tOn making or varying a determination under this section, the Commissioner must submit the determination or variation (as the case requires) to the OPI for approval.\n\t(4)\tA determination, or variation of a determination, has effect from the day on which it is approved by the OPI.\n\t(5)\tThe Minister must cause notice of each determination, and each variation of a determination, to be tabled before both Houses of Parliament within 15 sitting days after the day on which it is approved.\n17—Further matters relating to operation of Part\n\t(1)\tThe Governor may, by regulation—\n\t(a)\tspecify the kinds of complaints, reports and conduct that should, or should not, be the subject of a determination under section 16; and\n\t(b)\tset out procedures for dealing with matters under this Part (including, to avoid doubt, making provision for the conciliation of complaints); and\n\t(c)\tmake further provisions relating to the operation of this Part.\n\t(2)\tThe Commissioner must, in respect of the operation of this Part, have regard to, and seek to give effect to, the following principles:\n\t(a)\tthe purpose of a management resolution under this Part is to avoid formal disciplinary proceedings by dealing with the matter as a question of educating, and improving the future conduct of, the designated officer concerned;\n\t(b)\tmanagement resolution of matters under this Part is to be conducted as expeditiously as possible and without undue formality.\n18—Dealing with matters by way of management resolution\n\t(1)\tA matter to which this Part applies is to be dealt with by the Commissioner causing the matter to be referred to—\n\t(a)\tin the case of a designated officer who is not a police security officer—a suitable member of SA Police; or\n\t(b)\tin the case of a designated officer who is a police security officer—a person determined in accordance with the orders and directions of the Commissioner,\n(the resolution officer) for resolution in accordance with this Part.\n\t(2)\tWithout limiting subsection (1), the resolution officer must ensure that—\n\t(a)\tthe designated officer concerned is informed of the complaint, report or allegation made against him or her; and\n\t(b)\tthe designated officer is given the opportunity to inform the resolution officer of any information the designated officer thinks relevant in respect of the matter; and\n\t(c)\the or she contacts the person who made the complaint, report or allegation and—\n\t(i)\texplains to the person that the matter is to be resolved under this Part (including an explanation of the processes involved and possible outcomes); and\n\t(ii)\tgives him or her the opportunity to inform the resolution officer of any further information he or she thinks relevant in respect of the matter.\n\t(3)\tIf—\n\t(a)\tthe resolution officer is of the opinion that there would be a benefit in undertaking conciliation between the person who made the relevant complaint or allegation and SA Police; and\n\t(b)\tthe person agrees to undertake conciliation,\nthe resolution officer must attempt to resolve the matter by way of conciliation.\n\t(4)\tIn the course of a management resolution under this Part, the Commissioner may take action, or order the taking of action, of 1 or more of the following kinds in respect of the designated officer:\n\t(a)\timpose a restriction on the ability of the designated officer to work in a specified position, or to perform specified duties, within SA Police or as a police security officer (as the case requires);\n\t(b)\tremove, or impose conditions on, any accreditation, permit or authority granted by SA Police or the Commissioner to the designated officer;\n\t(c)\tprovide the designated officer with counselling;\n\t(d)\tissue the designated officer with a reprimand.\n\t(5)\tHowever, the Commissioner may only take action of the kind referred to in subsection (4)(a) or (b) if he or she is satisfied that—\n\t(a)\tthe action is appropriate in order to—\n\t(i)\tprovide an opportunity for the designated officer to undertake remedial education or training; or\n\t(ii)\testablish that the designated officer is competent and capable of carrying out specified duties; and\n\t(b)\tit is appropriate in all of the circumstances to take the action, having considered—\n\t(i)\tthe potential impact of the action on the designated officer concerned; and\n\t(ii)\tthe risks to other members of SA Police or police security officers (as the case requires) and the community of not taking such action.\n\t(6)\tIf the Commissioner takes action of the kind referred to in subsection (4)(a) or (b), the Commissioner must—\n\t(a)\tadvise the designated officer of the remedial education or training to be undertaken, and the competencies (if any) required to be demonstrated before the relevant action will be revoked; and\n\t(b)\tprovide remedial education or training, and an opportunity to demonstrate the required competencies, to the designated officer as soon as may be reasonably practicable.\n\t(7)\tThe Commissioner must revoke any action taken under subsection (4)(a) or (b) if—\n\t(a)\tthe designated officer successfully completes the required remedial education or training and has demonstrated to the Commissioner that the designated officer is competent and capable of carrying out specified duties; or\n\t(b)\ta period of 3 months has elapsed since the action was taken,\nwhichever occurs first.\n\t(8)\tInformation obtained in the course of a management resolution under this Part is not to be used in relation to a prescribed determination relating to the designated officer concerned.\n\t(9)\tHowever, subsection (8) does not apply to information referred to in that subsection if the Commissioner is of the opinion that—\n\t(a)\tthe designated officer has engaged in a pattern of unsatisfactory conduct (whether the conduct is of the same kind or of different kinds) or unsatisfactory performance (as contemplated by section 46 of the Police Act 1998); and\n\t(b)\tit is appropriate for the information to be used in relation to a prescribed determination relating to the designated officer, having first sought and considered any views of the designated officer as to the use of the information.\n\t(10)\tOn completion of a management resolution under this Part, the resolution officer must inform the designated officer concerned and the person who made the relevant complaint, report or allegation of the outcome of the management resolution.\n\t(11)\tIn this section—\nprescribed determination means—\n\t(a)\ta determination relating to the promotion or transfer of a designated officer (whether on application or otherwise); and\n\t(b)\ta determination relating to an award of a medal or other accolade (however described); and\n\t(c)\tany other determination prescribed by the regulations for the purposes of this definition.\n19—Reporting results of management resolution of matter\n\t(1)\tThe resolution officer must, in accordance with any requirements set out in the regulations, prepare a report in relation to each matter dealt with by way of management resolution under this Part.\n\t(2)\tThe resolution officer must cause a copy of a report under subsection (1) to be provided to—\n\t(a)\tthe IIS; and\n\t(b)\tthe designated officer concerned.\n\t(3)\tThe officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after receiving a report under subsection (2), cause the information required by the regulations in respect of each matter dealt with by way of management resolution under this Part to be recorded on the complaint management system.\n20—Monitoring of management resolutions under Part\nThe Commissioner must cause all matters dealt with under this Part to be monitored and reviewed with a view to maintaining proper and consistent practices.\nPart 4—Formal proceedings for breach of discipline\n21—Investigations of complaints and reports by IIS\n\t(1)\tSubject to this Act, each complaint or report referred to the IIS under this Act must be investigated by the IIS.\n\t(2)\tSubsection (1) does not apply to a particular complaint or report if—\n\t(a)\tthe complaint or report is dealt with, or is to be dealt with, under Part 3; or\n\t(b)\tthe complaint or report is, or is to be, referred to the ICAC under section 29; or\n\t(c)\tthe conduct that is the subject of the complaint or report is being, or has previously been, assessed by the IIS, the OPI or the ICAC; or\n\t(d)\tthe conduct that is the subject of the complaint or report has been previously dealt with under this Act, the Police (Complaints and Disciplinary Proceedings) Act 1985 or the Protective Security Act 2007; or\n\t(e)\tthe matter raised in the complaint or report is, in the opinion of the officer in charge of the IIS, trivial; or\n\t(f)\tthe complaint or report is, in the opinion of the officer in charge of the IIS, frivolous or vexatious or not made in good faith; or\n\t(g)\tin the case of a complaint—having regard to all the circumstances of the case, the officer in charge of the IIS is of the opinion that an investigation of the complaint or report is unnecessary or unjustifiable (including, to avoid doubt, where the alleged conduct of the designated officer concerned is not sufficiently related to the exercise, performance or discharge (or purported exercise, performance or discharge) of his or her official powers, functions or duties).\n\t(3)\tSubject to this Act, an investigation may be conducted in such manner as the officer in charge of the IIS thinks fit.\n\t(4)\tA member of the IIS may, for the purposes of an investigation, make inquiries and obtain information, property, documents or other records relevant to the investigation, as he or she thinks fit.\n\t(5)\tA member of the IIS may, for the purposes of the investigation, direct a designated officer to furnish information, produce property, a document or other record, or answer a question, that is relevant to the investigation.\n\t(6)\tFor the purposes of this Act and the Police Act 1998, a direction given by a member of the IIS under subsection (5) has effect as if it had been given by the Commissioner.\n\t(7)\tA member of the IIS must, before giving any direction under subsection (5) to the designated officer whose conduct is under investigation, inform the officer of—\n\t(a)\tthe time and place at which the conduct is alleged to have occurred; and\n\t(b)\tthe nature of the alleged conduct.\n\t(8)\tSubsection (7)(a) does not apply if the time and place at which the conduct is alleged to have occurred is not known.\n\t(9)\tSubsection (7) does not apply if the member of IIS believes on reasonable grounds that so informing the designated officer may prejudice the investigation.\n\t(10)\tWithout limiting any other provision of this or any other Act, a designated officer who—\n\t(a)\twithout reasonable excuse, refuses or fails to furnish information, produce property, a document or other record or answer a question when so required under this section; or\n\t(b)\tfurnishes information or makes a statement to a member of the IIS knowing that it is false or misleading in a material particular,\nmay be dealt with under this Act for a breach of discipline.\n\t(11)\tIf a designated officer is directed under subsection (5) to furnish information, produce property, a document or record or answer a question, the officer is not excused from complying with the direction on the ground—\n\t(a)\tthat the furnishing of the information, the production of the property, the document or record or the answering of the question—\n\t(i)\twould be contrary to the public interest; or\n\t(ii)\twould contravene the provisions of any other enactment; or\n\t(b)\tthat the information, the property, the document or record or the answer to the question might tend to show that he or she has committed a breach of discipline.\n\t(12)\tA designated officer may refuse to furnish information, produce property, a document or record or answer a question if the information, the property, the document or record or the answer to the question might tend to incriminate him or her or a close relative of his or hers, but a designated officer who does so refuse may be dealt with under this Act for a breach of discipline.\n\t(13)\tA designated officer who furnishes information, produces property, a document or record or answers a question is not liable to a penalty under the provisions of any other law prohibiting such an act if the act is done in compliance with a direction given by a member of the IIS under this section.\n\t(14)\tThe officer in charge of the IIS may, subject to any directions of the Commissioner, require a police officer not serving in the IIS to assist the IIS in conducting investigations under this section or to conduct investigations on behalf of the IIS, and, in that event, the provisions of this section apply as if the police officer were a member of the IIS.\n\t(15)\tThis section does not limit or affect the powers or duties that a police officer would have apart from this Act in connection with the investigation of an offence.\n22—Notice of allegation to be issued in respect of breaches of discipline\n\t(1)\tFor the purposes of this Act, the Commissioner commences proceedings for a breach of discipline by presenting a notice of allegation to the Tribunal.\n\t(2)\tHowever, the Commissioner must not present a notice of allegation to the Tribunal unless he or she has advised the OPI that he or she intends to present the notice of allegation and has had regard to any submission made by the OPI relating to the matter (however a failure to comply with this subsection will not, of itself, invalidate a notice of allegation).\n\t(3)\tThe Commissioner need not comply with subsection (2) where the Commissioner is satisfied that to do so would unduly delay any action to be taken in respect of the matter.\n\t(4)\tThe Commissioner must, on commencing proceedings for a breach of discipline, provide to the designated officer concerned a written notice indicating the punishment that the Commissioner would be likely to impose if the breach of discipline were proved on the basis of the facts as known to the Commissioner at the time the notice of allegation is presented.\n\t(5)\tThe notice referred to in subsection (4) must not be provided to the Tribunal in any proceedings under this Part.\n\t(6)\tA notice of allegation must comply with any requirements set out in the regulations.\n\t(7)\tA notice of allegation must be served on the designated officer in accordance with the regulations.\n23—Suspension where charge of offence or alleged breach of discipline\n\t(1)\tIf—\n\t(a)\ta designated officer is charged with an offence (whether under the law of this State, the Commonwealth or another State or Territory); or\n\t(b)\ta notice of allegation is, or is to be, served on a designated officer under this Act,\nthe Commissioner may suspend the designated officer's appointment.\n\t(2)\tSubject to subsection (3), a suspension will be with remuneration.\n\t(3)\tThe Commissioner may determine that a suspension will be without remuneration if the Commissioner believes on reasonable grounds that a failure to do so would bring SA Police into disrepute.\n\t(4)\tA suspension in relation to a notice of allegation that has yet to be served on a designated officer will be taken to have been revoked by the Commissioner if the notice of allegation is not so served within 24 hours (excluding a Saturday, Sunday or a public holiday falling on a Monday or Friday).\n\t(5)\tA suspension under this section must be revoked by the Commissioner if—\n\t(a)\tthe designated officer is found not guilty of the offence, or is found not to have committed the alleged breach of discipline, or the charge or allegation is dismissed, lapses or is withdrawn; and\n\t(b)\tthe designated officer does not stand charged of any other offence and no other breach of discipline is alleged.\n\t(6)\tIf the suspension under this section of a designated officer's appointment is revoked by the Commissioner, then, subject to any determination of the Commissioner under the regulations, he or she is entitled to any remuneration or accrual of rights withheld in consequence of the suspension and the period of the suspension will count as service.\n24—Designated officer may admit or deny allegations\nOn a notice of allegation being served on a designated officer, he or she may, within the period and in the manner prescribed by the regulations, admit or deny the allegation or allegations.\n25—Allegations to be heard and determined by Tribunal\n\t(1)\tIf an allegation contained in a notice of allegation is not admitted in accordance with section 24, the allegation is to be heard and determined by the Tribunal.\n\t(2)\tIf the Tribunal is satisfied, on the balance of probabilities, that a designated officer committed a breach of discipline, the Tribunal must—\n\t(a)\tmake a finding that the designated officer committed the breach of discipline; and\n\t(b)\tremit the proceedings to the Commissioner for the imposition of sanctions in accordance with section 26; and\n\t(c)\tas soon as is reasonably practicable, notify the IIS of the matters referred to in a preceding paragraph.\n\t(3)\tWhen remitting proceedings to the Commissioner, the Tribunal may indicate to the Commissioner the Tribunal's assessment of the seriousness or otherwise of the breach of discipline committed by the designated officer and, in that event, the Commissioner must, when making his or her determination as to the imposition of sanctions, have due regard to the Tribunal's assessment.\n\t(4)\tThe officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after receiving a notification under subsection (2)(c), cause the prescribed information in respect of the findings of the Tribunal, the remission of the proceedings to the Commissioner and any assessment of the Tribunal under subsection (3) to be recorded on the complaint management system.\n26—Commissioner may sanction designated officer following offence or breach of discipline\n\t(1)\tIf a designated officer—\n\t(a)\tis found guilty of an offence under a law of this State, the Commonwealth or another State or Territory; or\n\t(b)\tadmits an alleged breach of discipline in accordance with section 24; or\n\t(c)\tis found to have committed a breach of discipline in proceedings before the Tribunal,\nthe Commissioner may take action, or order the taking of action, of 1 or more of the following kinds in relation to the designated officer:\n\t(d)\ttermination of his or her appointment;\n\t(e)\tsuspension of his or her appointment for a specified period;\n\t(f)\tif he or she is a member of SA Police—\n\t(i)\ttransfer of the member to another position in SA Police for a specified period; or\n\t(ii)\treduction in the member's rank (whether or not the loss of income resulting from the reduction exceeds the amount prescribed for the purposes of paragraph (h)); or\n\t(iii)\treduction in the member's seniority;\n\t(g)\tif he or she is a police cadet—withdrawal of specified rights or privileges for a specified period;\n\t(ga)\tif the designated officer is a police security officer—\n\t(i)\ttransfer of the officer to another position; or\n\t(ii)\treduction in the officer's rank (whether or not the loss of income resulting from the reduction exceeds the amount prescribed for the purposes of paragraph (h)); or\n\t(iii)\treduction in the officer's seniority;\n\t(h)\treduction of his or her remuneration by a specified amount for a specified period (but not so that the total amount forfeited exceeds the amount prescribed by regulation for the purposes of this paragraph);\n\t(i)\timposition of a fine not exceeding the amount prescribed by regulation;\n\t(j)\ta reprimand recorded in his or her conduct and service history kept under the regulations;\n\t(k)\tan unrecorded reprimand;\n\t(l)\tcounselling;\n\t(m)\teducation or training;\n\t(n)\taction of any other kind prescribed by regulation.\n\t(2)\tIf the period for which a member of SA Police is transferred under subsection (1)(f) is less than 12 months, he or she is entitled, on the expiration of the specified period, to return to the position he or she occupied before being so transferred.\n\t(3)\tThe Commissioner must, as soon as is reasonably practicable after action is taken under subsection (1) in respect of a designated officer, notify the officer in charge of the IIS of the action taken.\n\t(4)\tThe officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after receiving a notification under subsection (3), cause the information required by the regulations in respect of the action taken in relation to the designated officer to be recorded on the complaint management system.\nPart 5—Oversight of complaints and reports by OPI etc\n27—OPI may direct Commissioner etc in relation to handling of complaints and reports\n\t(1)\tWithout limiting any other power or function of the OPI, the OPI may, in relation to a complaint or report, give such directions to the Commissioner, the IIS or to a police officer assisting in an investigation or conducting an investigation on behalf of the IIS as the OPI thinks fit.\n\t(2)\tWithout limiting the generality of subsection (1), a direction may include—\n\t(a)\ta requirement that the IIS or a specified person provide specified information relating to a specified complaint or report; or\n\t(b)\ta requirement that the IIS or a specified person produce to the OPI a specified document or record relating to a specified complaint or report that is under the control of SA Police; or\n\t(c)\tthe methods to be employed, the matters to be investigated or the evidence to be obtained in relation to a specified investigation or class of investigations.\n\t(3)\tA direction—\n\t(a)\tmust be by notice in writing; and\n\t(b)\tmay only be given after consultation with the officer in charge of the IIS.\n\t(4)\tThe OPI may, by notice in writing, vary or revoke a direction.\n\t(5)\tThe Commissioner must ensure that any direction under this section is complied with without undue delay.\n28—Reassessment of certain complaints and reports by OPI\n\t(1)\tThe OPI may, within 3 business days after the information required by the regulations relating to an assessment of a complaint or report by the IIS is entered in the complaints management system, do 1 or both of the following:\n\t(a)\treassess the complaint or report;\n\t(b)\tsubstitute its assessment of the complaint or report for that entered in the complaints management system (and the substituted assessment will, for the purposes of this Act, be taken to be the assessment of the IIS in respect of the complaint or report).\n\t(2)\tThe OPI may only take action under subsection (1) after consultation with the officer in charge of the IIS.\n\t(3)\tThe officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after becoming aware of a substituted assessment under subsection (1)(b), cause the information required by the regulations in respect of the substituted assessment to be recorded on the complaint management system.\n29—OPI may refer complaints and reports to ICAC\n\t(1)\tThe OPI may refer a complaint or report to the ICAC if the OPI is satisfied that the complaint or report relates to matters that should be dealt with by the ICAC under this Act or the Independent Commission Against Corruption Act 2012.\n\t(2)\tFor the purposes of the Independent Commission Against Corruption Act 2012, a complaint or report referred under this section will be taken to be a complaint or report received under that Act.\n\t(3)\tThe ICAC may give such directions as it thinks fit to the Commissioner in relation to a complaint or report referred under this section or a related complaint or report (including, to avoid doubt, a direction that the Commissioner not take, or stop taking, specified actions in respect of the complaint or report).\n30—ICAC may investigate matters under section\n\t(1)\tThe ICAC may investigate under this section a complaint or report referred to the ICAC under section 29 if the ICAC is satisfied that it is appropriate to do so.\n\t(2)\tThe ICAC may, on its own initiative, investigate under this section any other complaint or report if the ICAC is satisfied that it is appropriate to do so.\n\t(3)\tIf the ICAC investigates a complaint or report under this section, the ICAC must (unless the ICAC is of the opinion that to do so may prejudice the investigation) notify the Commissioner, by writing, of the matter to be investigated and furnish him or her with particulars of the matter.\n\t(4)\tIn investigating a complaint or report under this section, the ICAC will be taken to have all the powers of a member of the IIS.\n31—Annual report on sanctions imposed for breaches of discipline\n\t(1)\tThe ICAC must, before 30 September in each year, prepare a report on the number and general nature of sanctions imposed under section 26 in relation to breaches of discipline in the preceding financial year.\n\t(2)\tWithout limiting any other power or function of the ICAC, the ICAC may require the Commissioner to provide the ICAC with such information as the ICAC reasonably requires for the purposes of preparing a report under subsection (1).\n\t(3)\tA copy of the report must be delivered to the President of the Legislative Council and the Speaker of the House of Assembly.\n\t(4)\tThe President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.\n\t(5)\tA report under this section may be combined with another report prepared by the ICAC under the Independent Commissioner Against Corruption Act 2012.\nPart 6—Appeals\n32—Appeals\n\t(1)\tA party to proceedings before the Tribunal may appeal to the Court against a decision made by the Tribunal in those proceedings.\n\t(2)\tAn appeal may not be made under subsection (1) in respect of a preliminary, interlocutory or procedural matter unless—\n\t(a)\tthe appeal relates to a decision by the Tribunal to grant a stay of proceedings or to refuse to grant a stay of proceedings; or\n\t(b)\tthe Court is satisfied that there are special reasons why it would be in the interests of the administration of justice to have the appeal determined before the commencement or completion of the trial and grants its permission for an appeal.\n\t(3)\tA designated officer may appeal to the Court against an order of the Commissioner imposing a sanction on the designated officer under section 26.\n\t(4)\tSubsection (3) applies—\n\t(a)\twhether or not the order resulted from an investigation under this Act;\n\t(b)\twhether the order was made on the designated officer being found to have committed a breach of discipline by the Tribunal or on the officer admitting a breach of discipline to the Commissioner or otherwise.\n\t(5)\tAn appeal under this section must be instituted within 1 month of the making of the decision or order appealed against.\n\t(6)\tIn this section—\nCourt means the Administrative and Disciplinary Division of the District Court.\nPart 7—Police Disciplinary Tribunal\n33—Constitution of Police Disciplinary Tribunal\n\t(1)\tThere will be a Police Disciplinary Tribunal.\n\t(2)\tThe Tribunal will be constituted of a magistrate appointed by the Governor.\n\t(3)\tThe magistrate appointed to constitute the Tribunal will be appointed for such term of office, not exceeding 3 years, as the Governor may determine, and on the expiration of his or her term of office is not eligible for reappointment.\n\t(4)\tThe Governor may appoint another magistrate to be the deputy of the magistrate appointed to constitute the Tribunal and the Tribunal will, for any period for which the magistrate appointed to constitute the Tribunal is absent or unavailable, be constituted of that other magistrate.\n\t(5)\tThe Governor may appoint 3 or more magistrates to a panel and, if at any time the magistrate appointed under subsection (4) is absent or unavailable, the Chief Magistrate may appoint a magistrate from the panel to act in his or her place.\n34—Registrar and deputy registrar\n\t(1)\tThe registrar and deputy registrar of the Tribunal are to be Public Service employees.\n\t(2)\tThe positions of registrar and deputy registrar of the Tribunal may be held in conjunction with any other position in the Public Service.\n\t(3)\tThe registrar and deputy registrar of the Tribunal will have such duties and functions as are prescribed and such other duties and functions as may be directed by the Tribunal.\n35—Proceedings before Tribunal\n\t(1)\tThe Tribunal must, in relation to any proceedings to be heard by the Tribunal—\n\t(a)\tgive the Commissioner and the designated officer concerned 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; and\n\t(b)\tgive the OPI notice of the time and place at which the proceedings are to be heard.\n\t(2)\tIf a person to whom notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the Tribunal may hear the proceedings in his or her absence.\n\t(3)\tThe Commissioner may be represented at proceedings by counsel or a police officer or, if the designated officer concerned is a police security officer, a police security officer.\n\t(4)\tA party to proceedings before the Tribunal (other than the Commissioner) is entitled to appear—\n\t(a)\tpersonally or by counsel; or\n\t(b)\twith the permission of the Tribunal—by some other representative.\n\t(5)\tSubject to subsection (6), the proceedings of the Tribunal are to be heard in private.\n\t(6)\tThe Tribunal must permit a member of the staff of the OPI nominated by the ICAC, and a member of SA Police or a police security officer (or both) nominated by the Commissioner, to be present at proceedings of the Tribunal and may, in its discretion, permit any other person to be present.\n\t(7)\tThe Tribunal must, unless of the opinion that to do so would prejudice the orderly conduct of the proceedings, permit a person nominated by the designated officer concerned and a person nominated by the OPI or the ICAC to be present at proceedings of the Tribunal.\n\t(8)\tThe Tribunal must cause proceedings under this Act to be conducted as expeditiously as is reasonably possible.\n\t(9)\tSubject to this Act, the Tribunal will in its proceedings—\n\t(a)\tbe bound by the rules of evidence; and\n\t(b)\tfollow, to such extent as it considers appropriate, the practice and procedure of courts of summary jurisdiction on the hearing of complaints for simple offences.\n36—Powers of Tribunal\n\t(1)\tThe Tribunal may—\n\t(a)\tby summons signed by the Tribunal or by the registrar or deputy registrar of the Tribunal, require the attendance before the Tribunal of any person; or\n\t(b)\tby summons signed by the Tribunal or by the registrar or deputy registrar of the Tribunal, require the production of any books, documents or other things; or\n\t(c)\tinspect any book, document or thing produced before the Tribunal and retain them for such reasonable period as the Tribunal thinks fit and make copies of any of them or any of their contents; or\n\t(d)\trequire any person to make an oath or affirmation that he or she will truly answer all questions put to him or her by the Tribunal, or by any person appearing before the Tribunal, relating to the matter being heard by the Tribunal; or\n\t(e)\trequire any person appearing before the Tribunal to answer any relevant questions put to him or her by the Tribunal or by any person appearing before the Tribunal.\n\t(2)\tA person who—\n\t(a)\thaving been served with a summons to attend before the Tribunal, fails without reasonable excuse (proof of which lies on him or her) to do so; or\n\t(b)\thaving been served with a summons to produce books, documents or things, fails without reasonable excuse (proof of which lies on him or her) to do so; or\n\t(c)\tmisbehaves himself or herself before the Tribunal, wilfully insults the Tribunal or interrupts the proceedings of the Tribunal,\nis guilty of an offence.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(3)\tHowever, a person is not required to produce any books, documents or things, or to answer a question, if to do so might tend to incriminate him or her or, in the case of a designated officer, to prove that he or she has committed a breach of discipline.\n\t(4)\tThe Tribunal may, on being satisfied that a person has failed to appear before the Tribunal in obedience to a summons served on him or her under this section, issue a warrant authorising a police officer to arrest the person and bring him or her before the Tribunal.\n\t(5)\tIn the course of any proceedings, the Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before a court or tribunal and draw any conclusions of fact that it considers proper; or\n\t(b)\tadopt, as in its discretion it considers proper, any findings, decision, or judgment of a court or tribunal that may be relevant to the proceedings.\n37—Protection of Tribunal, counsel and witnesses\n\t(1)\tThe person constituting the Tribunal has in that capacity the same protection and immunity as a judge of the Supreme Court.\n\t(2)\tCounsel or any other person appearing for a party in proceedings before the Tribunal has the same protection and immunity as counsel appearing for a party in proceedings in the Supreme Court.\n\t(3)\tA person appearing before the Tribunal as a witness has the same protection and immunity as a witness in proceedings in the Supreme Court.\n38—Reference of question of law\nThe Tribunal may refer a question of law for the opinion of the Supreme Court.\n39—Costs\n\t(1)\tThe Tribunal may make such orders for costs as the Tribunal thinks just and reasonable.\n\t(2)\tWhere the Tribunal has ordered the payment of costs, the costs are to be recoverable summarily.\n40—Reasons for decision\nThe Tribunal must, at the request of a party, the ICAC or the OPI made within 7 days after the Tribunal has made a decision in proceedings, give reasons in writing for the decision.\nPart 8—Miscellaneous\n41—Obstruction of complaint or report\nA person must not—\n\t(a)\tprevent another person from making a complaint or report under this Act; or\n\t(b)\thinder or obstruct another person in making such a complaint or report.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n42—False or misleading statements\nA person must not—\n\t(a)\tmake a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided under this Act; or\n\t(b)\tmake a complaint or report under this Act knowing that there are no grounds for the making of the complaint or report.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n43—Use of evidence or information obtained under other Acts etc\n\t(1)\tDespite any other Act or law, evidence or information obtained (whether before or after the commencement of this section) by the lawful exercise of powers under this Act or any other Act—\n\t(a)\tis not inadmissible in proceedings before the Tribunal merely because the evidence or information was obtained by the exercise of powers under the relevant Act and not for the purposes of those proceedings; and\n\t(b)\tmay be used for the purposes of a matter dealt with, or to be dealt with, by way of management resolution under Part 3 or by formal proceedings under Part 4 if—\n\t(i)\tto do so would be consistent with the principles of equity and good conscience; and\n\t(ii)\tto do so would be appropriate in all of the circumstances of the matter; and\n\t(c)\tmay be so used whether the exercise of powers by which the evidence or information was obtained relates to the same matter or a different matter.\n\t(2)\tNo civil or criminal liability lies against a person in respect of any use of evidence or information permitted by this section.\n44—Limitation on requirement to divulge information\nDespite any other Act or law, a person who is, or who has been, engaged in the administration or enforcement of this Act or the repealed Act cannot be required to divulge information disclosed or obtained in the course of an investigation under this Act or the repealed Act except where such a requirement is made—\n\t(a)\tin proceedings before a court or the Tribunal in respect of—\n\t(i)\tan offence; or\n\t(ii)\ta breach of discipline,\nrelating to a matter the subject of the investigation; or\n\t(b)\tin proceedings under the Royal Commissions Act 1917; or\n\t(c)\tby the ICAC or the OPI; or\n\t(d)\tby order of a court, the court being satisfied that there are special reasons requiring the making of such an order and that the interests of justice cannot adequately be served except by the making of such an order.\n45—Confidentiality\n\t(1)\tExcept as required or authorised by this Act or by the Commissioner, the ICAC or the OPI, a person who is or has been engaged in the administration of this Act must not, directly or indirectly, disclose information in relation to or connected with a matter that forms or is the subject of a complaint, report, assessment or investigation under this Act.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(2)\tDespite subsection (1), a person engaged in the administration of this Act may disclose information—\n\t(a)\tfor the purposes of the administration or enforcement of this Act; or\n\t(b)\tfor the purposes of a criminal proceeding or a proceeding for the imposition of a penalty; or\n\t(c)\tfor the performance of the functions of the Commissioner, the ICAC or the OPI under another Act; or\n\t(d)\tin accordance with an order of a court; or\n\t(e)\tif the information relates to the person and is disclosed by the person to a close family member of the person; or\n\t(f)\tas otherwise required or authorised by this or another Act.\n\t(3)\tA person who receives information knowing that the information is connected with a matter that forms or is the subject of a complaint, report, assessment or investigation under this Act must not disclose that information unless—\n\t(a)\tthe person is authorised in writing by the Commissioner, the ICAC or the OPI, or by a person approved by the Commissioner, the ICAC or the OPI, under this section to give an authorisation; or\n\t(b)\tthe disclosure of that information is for the purpose of—\n\t(i)\tdealing with a matter under this Act by the Commissioner, or under this or the Independent Commission Against Corruption Act 2012 by the ICAC or the OPI; or\n\t(ii)\ta criminal proceeding, a proceeding for the imposition of a penalty or disciplinary action; or\n\t(iii)\ta person obtaining legal advice or legal representation or for the purposes of determining whether a person is entitled to an indemnity for legal costs; or\n\t(iv)\ta person obtaining medical or psychological assistance from a medical practitioner or psychologist.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(4)\tFor the purposes of subsection (2)(e), a person is a close family member of another person if—\n\t(a)\t1 is a spouse of the other or is in a close personal relationship with the other; or\n\t(b)\t1 is a parent or grandparent of the other (whether by blood or by marriage); or\n\t(c)\t1 is a brother or sister of the other (whether by blood or by marriage); or\n\t(d)\t1 is a guardian or carer of the other.\n46—Publication of information and evidence\n\t(1)\tA person must not, except as authorised by the Commissioner, the ICAC, the OPI or a court hearing proceedings for an offence against this Act, publish, or cause to be published—\n\t(a)\tinformation tending to suggest that a particular person is, has been, may be, or may have been, the subject of a complaint, report, assessment or investigation under this Act; or\n\t(b)\tinformation that might enable a person who has made a complaint or report to be identified or located; or\n\t(c)\tthe fact that a person has made or may be about to make a complaint or report; or\n\t(d)\tinformation that might enable a person who has given or may be about to give information or other evidence under this Act to be identified or located; or\n\t(e)\tthe fact that a person has given or may be about to give information or other evidence under this Act; or\n\t(f)\tany other information or evidence publication of which is prohibited by the Commissioner, the ICAC or the OPI.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$150 000;\n\t(b)\tin the case of a natural person—$30 000.\n\t(2)\tIn this section—\npublish means publish by—\n\t(a)\tnewspaper, radio or television; or\n\t(b)\tinternet or other electronic means of creating and sharing content with the public or participating in social networking with the public; or \n\t(c)\tany similar means of communication to the public.\n47—Service\nSubject to this Act, a notice or other document required or authorised to be given to or served on a person under this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe posted to the person at the person's last known place of residence or business; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission).\n48—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act to be conducted and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe review and the report must be completed before the third anniversary of the commencement of this Act.\n\t(3)\tThe Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n49—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)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe fines (not exceeding $5 000) for offences against the regulations; and\n\t(b)\tbe of general application or vary in their application according to prescribed factors; and\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Commissioner or a specified person or body; and\n\t(d)\tmake provisions facilitating the proof of matters in proceedings under this Act; and\n\t(e)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act.\nSchedule 1—Repeal and transitional provisions\nPart 15—Repeal of Police (Complaints and Disciplinary Proceedings) Act 1985\n52—Repeal of Police (Complaints and Disciplinary Proceedings) Act 1985\nThe Police (Complaints and Disciplinary Proceedings) Act 1985 is repealed.\nPart 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.\n54—Complaints, reports and proceedings under Police (Complaints and Disciplinary Proceedings) Act 1985\n\t(1)\tA complaint or report made under the Police (Complaints and Disciplinary Proceedings) Act 1985 before the commencement of this clause (being a complaint or report relating to the conduct of a police officer, police cadet or special constable that is not, immediately before the commencement of this clause, the subject of proceedings before the Police Disciplinary Tribunal) will be taken to be a complaint or report under this Act.\n\t(2)\tA complaint or report made under the Police (Complaints and Disciplinary Proceedings) Act 1985 before the commencement of this clause (being a complaint or report relating to the conduct of a protective security officer that is not, immediately before the commencement of this clause, the subject of proceedings before the Protective Security Officers Disciplinary Tribunal) will be taken to be a complaint or report under the Protective Security Act 2007 (as amended by this Act).\n\t(3)\tTo avoid doubt, section 16 of the Acts Interpretation Act 1915 applies in relation to proceedings before the Police Disciplinary Tribunal or the Protective Security Officers Disciplinary Tribunal commenced before the commencement of this clause.\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 amended by principal Act\nThe Police Complaints and Discipline Act 2016 amended the following:\nChild Sex Offenders Registration Act 2006\nCorrectional Services Act 1982\nCriminal Law (Forensic Procedures) Act 2007\nFreedom of Information Act 1991\nIndependent Commissioner Against Corruption Act 2012\nListening and Surveillance Devices Act 1972\nParliamentary Committees Act 1991\nPolice Act 1998\nProtective Security Act 2007\nShop Theft (Alternative Enforcement) Act 2000\nTelecommunications (Interception) Act 2012\nTerrorism (Preventative Detention) Act 2005\nWhistleblowers Protection Act 1993\nWitness Protection Act 1996\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2016\n60\n Police Complaints and Discipline Act 2016 \n8.12.2016\n19.4.2017 (Gazette 19.4.2017 p1101) except ss 3—49, Sch 1 cll 2—6 & 9—54—4.9.2017 (Gazette 29.8.2017 p3794)\n2021\n5\n Statutes Amendment and Repeal (Budget Measures) Act 2021\n25.2.2021\nPt 10 (ss 40 to 48) & Pt 15 (ss 65 to 68)—10.10.2022 (Gazette 29.9.2022 p6255)\n2021\n38\n Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021\n7.10.2021\nSch 1 (cll 44 to 50 & 76)—7.10.2021: s 2\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\n7.10.2021\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n7.10.2021\ns 3\n\n\ns 3(1)\n\n\ncode of conduct or Code\nsubstituted by 5/2021 s 40(1)\n10.10.2022\ndesignated officer\namended by 5/2021 s 40(2)\n10.10.2022\ncorruption in public administration\namended by 38/2021 Sch 1 cl 44(1)\n7.10.2021\nIndependent Commission Against Corruption or ICAC\nIndependent Commissioner Against Corruption or ICAC amended to read Independent Commission Against Corruption or ICAC by 38/2021 Sch 1 cl 44(1)\n7.10.2021\n\namended by 38/2021 Sch 1 cl 44(2), (3)\n7.10.2021\nmaladministration in public administration\namended by 38/2021 Sch 1 cl 44(4)\n7.10.2021\nmisconduct in public administration\namended by 38/ 2021 Sch 1 cl 44(5)\n7.10.2021\ns 3(2)\namended by 5/2021 s 40(3)\n10.10.2022\ns 4\n\n\ns 4(1)\namended by 38/2021 Sch 1 cl 45\n7.10.2021\ns 6\n\n\ns 6(3)\namended by 38/2021 Sch 1 cl 46\n7.10.2021\ns 7\n\n\ns 7(1)\namended by 5/2021 s 41(1)\n10.10.2022\ns 7(2)\namended by 5/2021 s 41(2)\n10.10.2022\ns 8\namended by 38/2021 Sch 1 cl 47\n7.10.2021\nPt 2\n\n\ns 10\n\n\ns 10(3a)\ninserted by 5/2021 s 42\n10.10.2022\ns 14\n\n\ns 14(2)\namended by 5/2021 s 43\n10.10.2022\ns 15\namended by 38/2021 Sch 1 cl 48\n7.10.2021\n\namended by 5/2021 s 44\n10.10.2022\nPt 3\n\n\ns 18\n\n\ns 18(1)\namended by 5/2021 s 45(1)\n10.10.2022\ns 18(4)\namended by 5/2021 s 45(2), (3)\n10.10.2022\ns 18(5)\namended by 5/2021 s 45(4)\n10.10.2022\nPt 4\n\n\ns 21\n\n\ns 21(2)\namended by 5/2021 s 46\n10.10.2022\ns 26\n\n\ns 26(1)\namended by 5/2021 s 47\n10.10.2022\nPt 5\n\n\ns 29\n\n\ns 29(1) and (2)\namended by 38/2021 Sch 1 cl 49(1)\n7.10.2021\ns 29(3)\namended by 38/2021 Sch 1 cl 49(2)\n7.10.2021\nPt 7\n\n\ns 35\n\n\ns 35(3)\namended by 5/2021 s 48(1)\n10.10.2022\ns 35(6)\namended by 5/2021 s 48(2)\n10.10.2022\nPt 8\n\n\ns 45\n\n\ns 45(3)\namended by 38/2021 Sch 1 cl 50\n7.10.2021\nSch 1\n\n\nPts 1—14\nomitted under Legislation Revision and Publication Act 2002\n7.10.2021\nTransitional etc provisions associated with Act or amendments\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21\n76—Savings and transitional regulations\nRegulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.\nStatutes Amendment and Repeal (Budget Measures) Act 2021, Pt 15—Savings and transitional provisions\n65—Continuation of code of conduct\nThe code of conduct established under section 7 of the Police Complaints and Discipline Act 2016 as in force immediately before the commencement of this section will be taken to continue as the code of conduct for the maintenance of professional standards by designated officers established under section 7(1)(a) of that Act, as enacted by this Act.\n66—Continuation of certain investigations of breach of code etc\n\t(1)\tIf, before the commencement of this section, the Commissioner caused a matter to be investigated under section 24 of the Protective Security Act 2007 and that investigation had not been completed before that commencement, the matter may continue to be investigated under the Police Complaints and Discipline Act 2016 (as amended by this Act).\n\t(2)\tIf, before the commencement of this section, the Commissioner determined under section 28(1) of the Protective Security Act 2007 that a suspected breach of the Code was to be dealt with under that section (whether or not the matter had been referred to a resolution office before that commencement) the matter is to be dealt with under section 18 of the Police Complaints and Discipline Act 2016 (as amended by this Act).\n\t(3)\tHowever, Part 5 of the Protective Security Act 2007 will be taken to apply in relation to the action that may be taken in relation to an offence or breach of the Code contemplated by this section as if that Part had not been repealed.\n67—Continuation of certain directions of Officer for Public Integrity\nA direction given by the Office for Public Integrity under section 31 of the Protective Security Act 2007 and in force immediately before the commencement of this section—\n\t(a)\twill, on the commencement of this section, continue in accordance with its terms; and\n\t(b)\twill be taken to be a direction of the Office for Public Integrity under section 27 of the Police Complaints and Discipline Act 2016.\n68—Abolition of Protective Security Officers Disciplinary Tribunal\n\t(1)\tThe Protective Security Officers Disciplinary Tribunal is abolished.\n\t(2)\tTo avoid doubt, this section does not limit the operation of section 16 of the Acts Interpretation Act 1915.\nHistorical versions\n7.10.2021\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The 2016 Act replaces the 1985 Police (Complaints and Disciplinary Proceedings) Act and integrates several new features that broaden and reorganise the original scheme. Key scope changes in this version include: inclusion of police security officers within the definition of designated officers (s 3); creation of a formal Internal Investigation Section inside SA Police with mandatory complaint management and direct access for OPI/ICAC (ss 5–6); a statutory management resolution pathway for certain matters, subject to OPI approval and parliamentary tabling (Part 3, ss 16–19); strengthened oversight by the OPI (powers to direct, reassess and refer — ss 27–29) and clearer integration with ICAC investigative powers (ss 29–31); abolition/transfer of previous disciplinary arrangements for protective security officers (Sch 1, transitional provisions such as ss 53–54, and savings in later amendments). Amendments made in 2021 and 2022 further extended oversight language and adjusted definitions and powers (as reflected in the legislative history). Collectively, these changes expand the administrative architecture, oversight intensity and reporting requirements beyond the earlier 1985 framework and integrate the complaints system more tightly with the OPI and ICAC."},"complexity_factors":["8 Parts and over 50 sections with multiple substantive Parts (assessment, management resolution, formal proceedings, oversight, Tribunal procedures)","Extensive defined terms and scope definitions in s 3 (approx. 30 terms/concepts referenced across the Act and other Acts)","Numerous cross‑references to other legislation (Independent Commissioner Against Corruption Act 2012/ICAC, Police Act 1998, Protective Security Act 2007, Ombudsman Act 1972, Acts Interpretation Act 1915)","Nested exceptions and conditional logic in assessment and investigation provisions (see ss 14(2), 21(2), 15)","Management resolution regime with multi‑step approvals, OPI sign‑off, and mandatory parliamentary tabling (ss 16–19)","OPI powers to direct and to substitute assessments within strict time limits (s 27; s 28) creating parallel oversight pathways","Detailed IIS investigatory powers including compulsion, limited privilege and possible disciplinary consequences for refusal (s 21(4)–(13))","Tribunal procedure rules resembling court practice coupled with special protections, evidence rules, summons powers and penalties (ss 33–40)","Multiple reporting and recording deadlines tied to a central complaint management system (ss 6, 13(5), 19(3), 26(4))","Significant confidentiality and publication offences with differing penalties for individuals and corporations (ss 45–46)","Extensive delegated regulation‑making power that can materially alter application and process (s 49)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a statutory system for handling complaints, reports and disciplinary matters about \"designated officers\" (members of SA Police, police cadets, special constables and police security officers). (See definitions, s 3.)\n- Requires the Commissioner of Police to set up a separate Internal Investigation Section (IIS) inside SA Police to assess and investigate complaints and to keep records in a central complaint management system, to which the Office for Public Integrity (OPI) and the Independent Commission Against Corruption (ICAC) must have access. (ss 5–6; s 6(3).)\n- Sets out how complaints and reports may be made (including by detained persons), how designated officers must report suspected corruption or serious misconduct by colleagues, and time limits for referral and recording. (ss 10–13.)\n- Creates a tiered handling process: some matters are to be resolved informally by management resolution (Part 3, ss 16–20), while others proceed to formal IIS investigation and, if necessary, a notice of allegation and a Police Disciplinary Tribunal hearing (Part 4, ss 21–26; Part 7, ss 33–40).\n- Gives the OPI powers to oversee assessments and investigations, to direct the Commissioner or IIS about specific investigations, to reassess or substitute assessments, and to refer matters to the ICAC. The ICAC may investigate matters and has IIS-equivalent powers when it does. (ss 8; 27–30.)\n- Lists disciplinary outcomes the Commissioner may impose after an adverse finding (range from reprimands, counselling and training through to demotion, transfer, suspension or termination; fines and reductions in pay are also possible, subject to regulation). (s 26.)\n- Prescribes procedural protections and rules: rights to be informed of progress (subject to limited exceptions), opportunities to admit or deny allegations, appeal routes to the Court (District Court Administrative & Disciplinary Division), and Tribunal procedures and powers. (ss 9; 24; 32; 33–40.)\n- Imposes confidentiality and publication limits about complaints, investigations and participants, with criminal and civil penalties for unauthorised disclosure or publication. (ss 45–46.)\n- Repeals the earlier Police (Complaints and Disciplinary Proceedings) Act 1985 and contains transitional provisions to carry over existing matters. (Sch 1.)\n\n**Who it affects**\n\n- Primary: designated officers — members of SA Police, police cadets, special constables and police security officers — because it governs their discipline, duties to report colleagues, and exposure to suspension, sanctions and Tribunal proceedings (ss 3; 12; 21–26).\n- SA Police leadership and the Commissioner, who must create and run the IIS, maintain the complaint management system, decide which matters are suitable for management resolution or formal proceedings, and impose sanctions (ss 5–6; 16–19; 21–26).\n- The Office for Public Integrity (OPI) and the ICAC, which have oversight, reassessment and referral powers and may themselves investigate (ss 8; 27–31).\n- Complainants and members of the public who make complaints or reports (ss 10–11), including detained persons who must be facilitated to complain (s 11).\n- Legal representatives and the courts, because parties may appeal Tribunal decisions and Tribunal proceedings follow rules of evidence and have powers to summon witnesses and documents (ss 32; 35–36).\n\n**Why it matters (stated purpose and how it works in practice)**\n\n- The statutory purpose (as reflected in the text) is to provide an ordered, transparent process for receiving, assessing, investigating and resolving complaints about police and related officers, to enable oversight by the OPI and ICAC, and to provide both informal (management resolution) and formal (Tribunal) avenues for discipline. (Preamble; ss 6–9; Part 3; Part 4; Part 5.)\n\n- Practical effects and decision points you should note:\n  - The Commissioner decides which complaints may be resolved informally under the management resolution process, but those determinations require OPI approval and must be tabled to Parliament (s 16). That creates a managerially flexible but externally reviewable path for dealing with lower‑level matters.\n  - The OPI can direct investigations (s 27), substitute assessments (s 28), and refer matters to ICAC (s 29). Those powers allow an independent office to override or reshape IIS action early in the process.\n  - The IIS has powers to compel information and documents from designated officers (s 21(5)–(6)); limited protections against self‑incrimination apply, and refusal without reasonable excuse can itself be dealt with as a disciplinary breach (s 21(10)–(12)).\n  - Tribunal hearings are private by default (s 35(5)), with specified parties and observers permitted; the Tribunal uses court‑style evidence rules and can summon witnesses and documents (ss 35; 36).\n\n**Costs, incentives, trade-offs and implementation considerations**\n\n- Who pays: the administrative costs fall on SA Police (to establish and run the IIS and complaint management system), on the OPI and ICAC (to exercise oversight and investigations), and on litigants (time, legal costs for hearings and appeals). Sanctions imposed affect individual officers’ careers and incomes (s 26).\n\n- Compliance burden and operational timelines: the Act imposes concrete timeframes and record‑keeping obligations (e.g. referral to IIS within 3 days, recording on the complaint management system within 7 days, oral complaints reduced to writing within 48 hours) that require administrative capacity and an IT system (ss 10(5); 13(1),(5); 19(3)).\n\n- Bureaucratic discretion and oversight trade‑offs: the Commissioner has broad discretion at multiple stages (deciding not to act, directing management resolution, imposing particular sanctions) but the OPI has express supervisory powers to direct, reassess and refer (ss 15–16; 18; 26; 27–29). Those overlapping powers create an internal check (OPI/ICAC) but also introduce potential for conflict or duplication that will need administrative protocols.\n\n- Incentives for reporting and behaviour: designated officers are required to report suspected corruption within seven days or face possible discipline (s 12). That creates a legal duty to report colleagues’ misconduct (concentrated cost on officers). At the same time, the Act provides pathways (management resolution, counselling, training) to resolve lesser matters without formal discipline (ss 16–19), which may reduce adversarial proceedings for lower‑level conduct.\n\n- Effects on private choice and speech: publication and confidentiality restrictions (ss 45–46) limit what information may be publicly disclosed about ongoing matters and complainants; those limits reduce public visibility but are framed as protecting participants and investigative integrity.\n\n- Risks and opportunity costs: the scheme depends on a well‑functioning IIS, a secure complaint management system and clear procedures for OPI/ICAC intervention. Setting up those systems and training staff will be a material administrative task. The Act also shifts some decision‑making from courts to administrative bodies (Commissioner, OPI, Tribunal), which changes where and how disputes are resolved.\n\n**Key sections to consult for specific mechanics**\n- Definitions and coverage: s 3; application: s 4; IIS: s 5; complaint management system: s 6.\n- Complaint/report process and duties to report: ss 10–13; assessment: s 14; refusal to act: s 15.\n- Management resolution: Part 3 (ss 16–20).\n- Investigations, powers to compel and sanctions: Part 4 (ss 21–26).\n- OPI and ICAC oversight and referral: Part 5 (ss 27–31).\n- Tribunal and appeals: Part 7 and Part 6 (ss 33–40; s 32).\n- Confidentiality and publication limits: ss 45–46.\n\n"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative text was available for analysis. The page returned was an error page from the SA legislation website, not the Act itself."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess actual structural complexity, number of provisions, or cross-references","Score reflects minimum baseline for a police accountability statute of this type, not a true assessment","Police complaints and discipline legislation typically involves multiple interacting bodies, appeal rights, and procedural requirements — complexity could be significantly higher with full text"],"plain_english_summary":"The Police Complaints and Discipline Act 2016 (SA) sets out the framework for how complaints about South Australian police conduct are made, investigated and resolved, and how discipline is administered. It affects members of the public, SA Police officers, and oversight bodies, and matters because it governs accountability, procedural fairness and public confidence in policing."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1985 Act covered police complaints and discipline. The 2016 Act significantly expanded scope by: (1) incorporating police security officers (formerly handled under the Protective Security Act 2007) into the same disciplinary framework, effectively merging two separate disciplinary systems; (2) creating a new 'management resolution' pathway for minor matters that previously might have gone through formal processes or been ignored; (3) integrating with the then-new ICAC/OPI oversight structure established in 2012; and (4) adding detailed procedural requirements for complaint management systems and information sharing between agencies. The 2021 amendments further consolidated this by formally abolishing the separate Protective Security Officers Disciplinary Tribunal and bringing those officers fully under this Act's Tribunal."},"complexity_factors":["Multiple overlapping oversight bodies (IIS, OPI, ICAC, Tribunal, Commissioner) with interlocking powers and duties","Two-track resolution system: informal management resolution (Part 3) vs formal disciplinary proceedings (Part 4) with different thresholds and procedures","Extensive cross-referencing to other Acts: Independent Commission Against Corruption Act 2012, Ombudsman Act 1972, Police Act 1998, Protective Security Act 2007","Conditional logic throughout: multiple exceptions to disclosure obligations (s 9, s 21), restrictions on use of management resolution information (s 18(8)-(9)), and specific circumstances for suspension with/without pay (s 23)","17 defined terms in s 3(1) alone, plus imported definitions from other Acts via s 3(2)","Strict time limits for various actions (e.g., 48 hours to reduce oral complaints to writing, 3 days to refer complaints to IIS, 7 days to record information on complaint management system)","Complex confidentiality and non-publication provisions (ss 45-46) with multiple exceptions and penalty structures","Transitional provisions dealing with repeal of 1985 Act and migration of existing complaints/proceedings"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's system for handling complaints against police officers and related personnel. It sets up a comprehensive framework for reporting, investigating, and disciplining misconduct by police members, cadets, special constables, and police security officers.\n\n**Key features:**\n\n*   **Who can complain:** Anyone can make a complaint about the conduct of a \"designated officer\" (police officers, cadets, special constables, or police security officers). People in custody have a specific right to make complaints.\n*   **How complaints are handled:**\n    *   **Internal Investigation Section (IIS):** A dedicated police unit that assesses and investigates complaints.\n    *   **Office for Public Integrity (OPI):** An independent body that oversees the whole process, can redirect complaints, and can refer serious matters to the Independent Commission Against Corruption (ICAC).\n    *   **Management resolution:** Less serious matters can be resolved informally through counselling, training, or reprimands without formal disciplinary proceedings.\n    *   **Formal disciplinary proceedings:** Serious matters go to the **Police Disciplinary Tribunal** (a special court presided over by a magistrate), which can find officers guilty of breaches and recommend sanctions.\n*   **Sanctions:** Range from reprimands and counselling through to fines, demotion, suspension, or termination of employment.\n*   **Oversight:** The ICAC can take over investigations into corruption, and the OPI monitors the entire system to ensure integrity.\n*   **Appeals:** Officers can appeal Tribunal decisions or Commissioner's sanctions to the District Court.\n\n**Why it matters:**\n\nThis Act creates accountability for police conduct while balancing the need for independent oversight with internal management of minor issues. It replaced an older 1985 law and integrates with South Australia's broader anti-corruption framework (the ICAC and OPI). It ensures complaints aren't just handled internally without scrutiny, but also allows for less serious matters to be resolved quickly without destroying careers."}},"importantCases":[],"_links":{"self":"/api/acts/police-complaints-and-discipline-act-2016","history":"/api/acts/police-complaints-and-discipline-act-2016/history","analysis":"/api/acts/police-complaints-and-discipline-act-2016/analysis","conflicts":"/api/acts/police-complaints-and-discipline-act-2016/conflicts","importantCases":"/api/acts/police-complaints-and-discipline-act-2016/important-cases","documents":"/api/acts/police-complaints-and-discipline-act-2016/documents"}}