{"id":"police-complaints-and-discipline-regulations-2017","name":"Police Complaints and Discipline Regulations 2017","slug":"police-complaints-and-discipline-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236254,"registerId":"sa-police-complaints-and-discipline-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Police Complaints and Discipline Regulations 2017","content":"South Australia\nPolice Complaints and Discipline Regulations 2017\nunder the Police Complaints and Discipline Act 2016\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Complaint management system\n4\tInformation to be provided by resolution officers\n5\tInformation to be provided by section 21(14) investigating officers\n6\tInformation to be included by IIS\nPart 3—Code of conduct\n7\tCodes of conduct\nPart 4—Miscellaneous\n8\tComplainant and designated officer to be kept informed of progress of complaint\n9\tMaking complaint about conduct of designated officer\n10\tNotice of allegation to be issued in respect of breaches of discipline\n11\tSuspension where charge of offence or alleged breach of discipline\n12\tDesignated officer may admit or deny allegations\n13\tCommissioner may sanction designated officer following offence or breach of discipline\nSchedule 1—Information to be provided by resolution officers and section 21(14) investigating officers\nSchedule 2—Information to be included on complaint management system by IIS (regulation 6)\nSchedule 3—Code of conduct\n1\tInterpretation\n2\tHonesty and integrity\n3\tConduct prejudicial to SA Police\n4\tPerformance of orders and duties\n5\tNegligence\n6\tProper exercise of authority\n7\tConduct towards public, designated officers in the department\n8\tConflict of interest\n9\tImproperly obtaining benefit or advantage\n10\tConfidentiality of information\n11\tResponsibility for property\n12\tImproper complaint\n13\tForeign law\nSchedule 4—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021)\n1\tApplication of laws to continuing complaints etc\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Police Complaints and Discipline Regulations 2017.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Police Complaints and Discipline Act 2016;\nrepealed Act means the Police (Complaints and Disciplinary Proceedings) Act 1985;\nsection 21(14) investigating officer—see regulation 5.\nPart 2—Complaint management system\n4—Information to be provided by resolution officers\nFor the purposes of section 19(1) of the Act, a report relating to a management resolution must include the information specified in item 1 column 3 of the table in Schedule 1.\n5—Information to be provided by section 21(14) investigating officers\n\t(1)\tIf a police officer has been required, under section 21(14) of the Act—\n\t(a)\tto assist the IIS in conducting an investigation; or\n\t(b)\tto conduct an investigation on behalf of the IIS,\nthe police officer (the section 21(14) investigating officer) must, subject to subregulation (2), provide the information specified in column 3 of the table in Schedule 1 to the IIS in the manner specified in column 5 of the table, for the purposes of enabling the IIS to record the information on the complaint management system under section 6 of the Act.\nNote—\nSee items 2 to 4 (inclusive) of the table in Schedule 1.\n\t(2)\tNothing in subregulation (1) requires a section 21(14) investigating officer who has been required only to assist the IIS in conducting an investigation to provide more information to the IIS than is reasonably ascertainable by the officer in that assisting role. \n6—Information to be included by IIS\nFor the purposes of a section of the Act specified in column 2 of the table in Schedule 2, the information specified in column 3 of the table must be included on the complaint management system in the manner specified in column 4 of the table by—\n\t(a)\tthe officer in charge of the IIS; or\n\t(b)\ta member of the IIS to whom that function is given by the officer in charge of the IIS.\nNote—\nSee items 1 to 17 (inclusive) of the table in Schedule 2.\nPart 3—Code of conduct\n7—Codes of conduct\n\t(1)\tFor the purposes of section 7(1)(a) of the Act, the code of conduct set out in Schedule 3 is established as the code of conduct for the maintenance of professional standards by designated officers.\n\t(1a)\tFor the purposes of section 7(1)(b) of the Act, the code of conduct set out in Schedule 3 is established as the code of conduct for the maintenance of professional standards by police security officers.\n\t(2)\tA designated officer who—\n\t(a)\tcontravenes or fails to comply with the code of conduct; or \n\t(b)\tattempts, aids, abets, counsels or procures such a contravention, \nis taken to have breached the code of conduct. \nPart 4—Miscellaneous\n8—Complainant and designated officer to be kept informed of progress of complaint\nFor the purposes of section 9(2) of the Act, the complainant and each designated officer must be kept informed of the progress and resolution of the complaint in writing on a regular basis at intervals not exceeding 90 days.\n9—Making complaint about conduct of designated officer\nFor the purposes of section 10(5) of the Act, the information that must be recorded in writing about a complaint is—\n\t(a)\tthe name and contact details of the complainant; and\n\t(b)\tdetails of the person recording the information under this regulation including their name, position and place of work; and\n\t(c)\tthe date, time and location of the events the subject of the complaint; and\n\t(d)\tdetails of the designated officer or officers the subject of the complaint, including their name, badge ID, rank, posting, date of birth, whether or not uniformed and, if a vehicle was involved, any vehicle description or details; and\n\t(e)\ta description of the events comprising the complaint; and\n\t(f)\tnames and contact details of any witnesses; and\n\t(g)\tthe date, time and location (eg local service area or station) of the making of the complaint.\n10—Notice of allegation to be issued in respect of breaches of discipline\n\t(1)\tFor the purposes of section 22(7) of the Act, a notice of allegation must be served on the designated officer in person.\n\t(2)\tFor the purposes of service of a notice of allegation, the Commissioner may require the attendance of the designated officer before the Commissioner.\n11—Suspension where charge of offence or alleged breach of discipline\n\t(1)\tIf a designated officer's appointment is suspended under section 23 of the Act and remuneration is to be provided to the person while on suspension, the Commissioner must determine the manner in which the remuneration is to be calculated.\n\t(2)\tFor the purposes of section 23(6) of the Act—\n\t(a)\tthe Commissioner may determine that income received (from whatever source) by the designated officer during a period of suspension is to be deducted from any withheld remuneration that is to be paid to the designated officer on revocation of the suspension; and\n\t(b)\tif the designated officer has been found guilty of an offence or a breach of discipline, the Commissioner must, unless the Commissioner believes that the special circumstances of the case require otherwise, determine that the designated officer is not entitled—\n\t(i)\tto any remuneration or accrual of rights withheld in consequence of the suspension; or\n\t(ii)\tto have the period of the suspension counted as service.\n12—Designated officer may admit or deny allegations\n\t(1)\tFor the purposes of section 24 of the Act, an admission or denial by the designated officer must be made to the registrar of the Tribunal within 21 days following the service of the notice of allegation on the officer.\n\t(2)\tThe registrar of the Tribunal must forward an admission by the designated officer made in accordance with subregulation (1), any written statement or request made by the designated officer and all other relevant papers to—\n\t(a)\tthe Commissioner; and\n\t(b)\tthe IIS for the purposes of inclusion of the information on the complaint management system under section 6 of the Act.\n\t(3)\tOn receipt of the admission, the Commissioner must consider any submissions in mitigation made by the designated officer—\n\t(a)\tby written statement attached to the admission; or\n\t(b)\tif the designated officer indicated in the admission a desire to appear before the Commissioner—by personal representation to the Commissioner,\nbefore making a decision as to any action to be taken to impose a punishment on the designated officer.\n\t(4)\tIf the designated officer denies the allegation, or does not admit it in accordance with subregulation (1), the Tribunal must fix a time and place for hearing the allegation.\n13—Commissioner may sanction designated officer following offence or breach of discipline\n\t(1)\tFor the purposes of section 26(1)(h) of the Act, the prescribed amount is $1 250.\n\t(2)\tFor the purposes of section 26(1)(i) of the Act, the prescribed amount is $1 250.\n\t(3)\tThe Commissioner may, on imposing a fine under section 26 of the Act—\n\t(a)\tgrant time for the payment of the fine or permit it to be paid in instalments;\n\t(b)\tdeduct the fine from the designated officer's pay or from any money due to the designated officer.\nSchedule 1—Information to be provided by resolution officers and section 21(14) investigating officers\n\nItem\nWho must provide the information?\nWhat information must be provided?\nWho must the information be provided to?\nManner of providing information\nInformation to be provided by resolution officers (regulation 4)\n1\nThe resolution officer\nA report, signed by the resolution officer, containing the following information:\n\t(a)\tthe name, rank, badge ID and posting of the designated officer concerned;\n\t(b)\tthe name, rank, badge ID and posting of the resolution officer;\n\t(c)\tthe name and contact details of the complainant or person who made the report;\n\t(d)\tthe details of any conciliation undertaken;\n\t(e)\tthe details of the resolution including—\n\t(i)\tin the case of action taken under section 18(4)(a) or (b) of the Act—\n\t(A)\tthe details of—\n\t•\tthe restriction or conditions concerned; and\n\t•\tthe nature of the remedial education or training to be undertaken and any competencies required to be demonstrated under section 18(6) of the Act; and\n\t•\thow the matter is intended to be resolved by the action; and\n\t(B)\tthe resolution officer's opinion of the potential impact of the action on the designated officer concerned and the risks to other members of SA Police and the community of not taking the action; and\n\t(ii)\tin the case of action taken under section 18(4)(c) of the Act—the reasons for taking action under that provision and the details of the counselling arrangements including the dates and the outcomes of the counselling; and\n\t(iii)\tin the case of action taken under section 18(4)(d) of the Act—the reasons for taking action under that provision and the details of the reprimand; and\n\t(iv)\tin the case of a resolution of no further action—the reasons.\nIIS and the designated officer concerned (see section 19(2) of the Act)\nAs soon as reasonably practicable after the completion of the management resolution.\nInformation to be provided by section 21(14) investigating officers (regulation 5)\n2\nThe section 21(14) investigating officer\nInitial details of the assistance or investigation, including the following:\n\t(a)\tthe name, badge ID, rank and posting of the section 21(14) investigating officer;\n\t(b)\ta summary of the complaint or report;\n\t(c)\tthe scope and objectives of the investigation;\n\t(d)\tthe risks, strategies, contingencies and resources relating to the investigation;\n\t(e)\tthe officer's reporting obligations (internal and external);\n\t(f)\tthe projected time-frame for the investigation.\nIIS\nWithin 2 weeks following the commencement of the assistance, or the allocation of the investigation, (as the case may require) under section 21(14) of the Act.\n3\nThe section 21(14) investigating officer\nAn update of the progress of an investigation, including the following:\n\t(a)\tthe progress that was intended to be achieved by the time of the update;\n\t(b)\tthe progress that was actually achieved by that time;\n\t(c)\tthe reasons for any shortfall in the progress;\n\t(d)\ta summary of the action taken by the section 21(14) investigating officer;\n\t(e)\tthe progress intended to be achieved by the time of the next update.\nIIS\nOnce per fortnight after the initial details in item 2 of this table have been provided.\n4\nThe section 21(14) investigating officer\nThe following information:\n\t(a)\ta copy of the investigation report;\n\t(b)\ta summary of the recommendations from the report;\n\t(c)\tthe determination by the IIS on the recommendations.\nIIS\nAs soon as reasonably practicable after the completion of the investigation.\nSchedule 2—Information to be included on complaint management system by IIS (regulation 6)\n\nItem\nSection of Act\nWhat information must be included?\nManner of including information\nAction to be taken on receipt of complaint or report (section 13 of the Act)\n1\nSection 13(5)\nThe following information if known:\n\t(a)\tthe name, date of birth and contact details of the complainant;\n\t(b)\tthe details of the complaint including—\n\t(i)\tthe date, time and location of the events the subject of the complaint; and\n\t(ii)\tdetails of the designated officer or officers the subject of the complaint, including their name, badge ID, rank, posting, date of birth, whether or not uniformed and, if a vehicle was involved, any vehicle description or details; and\n\t(iii)\ta description of the events comprising the complaint;\n\t(c)\tdetails of any complaint made by the complainant under the repealed Act;\n\t(d)\tthe names and contact details of any witnesses;\n\t(e)\tdetails given by any witnesses, including—\n\t(i)\ttheir description of the events; and\n\t(ii)\ttheir degree of involvement in the events;\n\t(f)\tdetails of the designated officer or police public servant to whom the complaint was made, including their name, badge ID, rank and posting;\n\t(g)\tmethod by which the complaint was made, eg by telephone, in person, by email or by mail and the date, time and location (eg local service area or station) of the making of the complaint;\n\t(h)\tany supporting documentation.\nAs soon as reasonably practicable (but in any event within 7 days) after the IIS receives a complaint.\n2\nSection 13(5)\nThe following information if known:\n\t(a)\tdetails of the designated officer who made the report, including their name, badge ID, rank, posting and contact details;\n\t(b)\tthe details of the report including—\n\t(i)\tthe date, time and location of the events the subject of the report; and\n\t(ii)\tdetails of the designated officer or officers the subject of the report, including their name, badge ID, rank, posting, date of birth, whether or not uniformed and, if a vehicle was involved, any vehicle description or details; and\n\t(iii)\ta description of the events comprising the report;\n\t(c)\tthe names and contact details of any witnesses;\n\t(d)\tdetails given by any witnesses, including—\n\t(i)\ttheir description of the events;\n\t(ii)\ttheir degree of involvement in the events;\n\t(e)\tmethod by which the report was made, eg by telephone, in person, by email or by mail and the date, time and location (eg local service area or station) of the making of the report;\n\t(f)\tany supporting documentation\nAs soon as reasonably practicable (but in any event within 7 days) after the IIS receives a report.\nAssessment of complaints and reports by IIS (section 14 of the Act)\n3\nSections 14 and 28(1)\nThe following information:\n\t(a)\tthe name and position of the officer to whom assessment of the matter has been allocated (the assessing officer);\n\t(b)\twhether the matter has been assessed as sensitive or urgent (or both);\n\t(c)\ta summary of the assessment by the assessing officer, including—\n\t(i)\tthe assessment of each of the issues against the criteria under section 14(1) of the Act and the code of conduct; and\n\t(ii)\tthe reasons for the assessment; and\n\t(iii)\tthe date and time of the assessment; and\n\t(iv)\tthe action recommended by the assessing officer as a result of the assessment (for example, management resolution, further investigation, referral to the OPI, no further action or other);\n\t(d)\tdetails of the determination and recommendation by the officer in charge of the IIS on the assessment, including—\n\t(i)\tthe name of the officer in charge of the IIS; and\n\t(ii)\twhether or not the officer agrees with the determination and recommendation by the assessing officer; and\n\t(iii)\treasons for any disagreement with the determination or recommendation by the assessing officer; and\n\t(iv)\tthe date of the determination and recommendation by the officer in charge of the IIS;\n\t(e)\tdetails of any notification to OPI under section 14(4) of the Act, including—\n\t(i)\tthe date and time of the notification; and\n\t(ii)\tthe name of the person notified;\n\t(f)\tdetails of any further allocation or referral of the complaint or report, including—\n\t(i)\tthe date and time of the allocation or referral; and\n\t(ii)\tthe name of the person to whom the matter has been allocated or referred and their rank, position and place of work.\nAs soon as reasonably practicable after a complaint or report is assessed by the IIS.\nReporting results of management resolution of matter (section 19 of the Act)\n4\nSection 19(3)\nThe details of the report provided to the IIS under section 19(2) of the Act (see item 1 of the table in Schedule 1)\nAs soon as reasonably practicable (but in any event within 7 days) after the IIS receives a report relating to a management resolution.\nInvestigations of complaints and reports by section 21(14) investigating officers (section 21 of the Act)\n5\nSection 6\nThe information received from the section 21(14) investigating officer (see item 2 of the table in Schedule 1).\nWithin 48 hours of receipt of the information from the section 21(14) investigating officer.\n6\nSection 6\nThe information received from the section 21(14) investigating officer (see item 3 of the table in Schedule 1).\nWithin 48 hours of receipt of the information from the section 21(14) investigating officer.\n7\nSection 6\nThe information received from the section 21(14) investigating officer (see item 4 of the table in Schedule 1).\nWithin 48 hours of receipt of the information from the section 21(14) investigating officer.\nInvestigations of complaints and reports by officers other than section 21(14) investigating officers (section 21 of the Act)\n8\nSection 6\nInitial details of the investigation including the following: \n\t(a)\tthe name, badge ID, rank and posting of the investigating officer;\n\t(b)\ta summary of the complaint or report;\n\t(c)\tthe scope and objectives of the investigation;\n\t(d)\tthe risks, strategies, contingencies and resources relating to the investigation;\n\t(e)\tthe officer's reporting obligations (internal and external);\n\t(f)\tthe projected time-frame for the investigation.\nWithin 2 weeks following the allocation of the investigation under section 21 of the Act to the investigating officer.\n9\nSection 6\nDetails of the actions undertaken or followed up during the course of an investigation including—\n\t(a)\tthe dates and times of each action; and\n\t(b)\tthe outcomes of each action.\nDuring the course of an investigation under section 21 of the Act (within 48 hours of completing or following up each action).\n10\nSection 6\nA monthly update of the progress of the investigation, including the following:\n\t(a)\tthe progress that was intended to be achieved by the time of the update;\n\t(b)\tthe progress that was actually achieved by that time;\n\t(c)\tthe reasons for any shortfall in the progress;\n\t(d)\tthe progress intended to be achieved by the time of the next update.\nOnce per month during the course of an investigation under section 21 of the Act (following the inclusion of the initial details in item 8 of this table).\n11\nSection 6\nThe following information:\n\t(a)\ta copy of the investigation report;\n\t(b)\ta summary of the recommendations from the report;\n\t(c)\tdetermination by the Commissioner on the recommendations.\nAs soon as reasonably practicable after the completion of an investigation under section 21 of the Act.\nDesignated officer may admit or deny allegations (section 24 of the Act)\n12\nSection 6\nThe details of any admission or denial of the allegations under section 24 of the Act.\nAs soon as reasonably practicable (but in any event within 7 days) after the IIS receives the information referred to in regulation 12(2)(b) from the registrar of the Tribunal.\nAllegations to be heard and determined by Tribunal (section 25 of the Act)\n13\nSection 25(4)\nThe following information:\n\t(a)\tthe name, badge ID, rank and posting of the designated officer concerned;\n\t(b)\tdetails of the notice of allegation under section 22(1) of the Act;\n\t(c)\tdetails of OPI's submission under section 22(2) of the Act and the Commissioner's response to the submission;\n\t(d)\tdetails of the written notice of likely punishment provided under section 22(4) of the Act;\n\t(e)\tdetails of the findings of the Tribunal;\n\t(f)\twhether the proceedings were remitted to the Commissioner under section 25(2) of the Act;\n\t(g)\tdetails of any indication made by the Tribunal to the Commissioner under section 25(3) of the Act.\nAs soon as reasonably practicable (but in any event within 7 days) after the IIS receives a notification from the Tribunal under section 25(2)(c) of the Act.\nCommissioner may sanction designated officer following offence or breach of discipline (section 26 of the Act)\n14\nSection 26(4)\nThe following information:\n\t(a)\tthe name, badge ID, rank and posting of the designated officer concerned;\n\t(b)\tdetails of the notice of allegation under section 22(1) of the Act;\n\t(c)\tdetails of OPI's submission under section 22(2) of the Act and the Commissioner's response to the submission;\n\t(d)\tdetails of the written notice of likely punishment provided under section 22(4) of the Act;\n\t(e)\tdetails of the findings of the Tribunal;\n\t(f)\twhether the proceedings were remitted to the Commissioner under section 25(2) of the Act;\n\t(g)\tdetails of any indication made by the Tribunal to the Commissioner under section 25(3) of the Act;\n\t(h)\tdetails of the action taken against the designated officer under section 26 of the Act;\n\t(i)\twhether the designated officer concerned has appealed to the Court under section 32(3) of the Act.\nAs soon as reasonably practicable (but in any event within 7 days) after the IIS receives a notification from the Commissioner under section 26(3) of the Act.\nReassessment of certain complaints and reports by OPI (section 28 of the Act)\n15\nSection 28(3)\nThe following information:\n\t(a)\tthe name and position of the officer who conducted the reassessment of the complaint or report;\n\t(b)\tdetails of the substituted assessment including—\n\t(i)\tthe reassessment of each of the issues against the criteria in section 14(1) of the Act and the code of conduct; and\n\t(ii)\tthe reasons for the reassessment; and\n\t(iii)\tthe date and time of the reassessment;\n\t(c)\tthe action recommended as a result of the reassessment (for example, management resolution, further investigation, no further action or other);\n\t(d)\tdetails of any further allocation or referral of the complaint or report, including—\n\t(i)\tthe date and time of the allocation or referral; and\n\t(ii)\tthe name of the person to whom the matter has been allocated or referred and their rank, position and place of work.\nAs soon as reasonably practicable (but in any event within 7 days) after becoming aware of a substituted assessment.\nAppeals (section 32 of the Act)\n16\nSection 6\nThe following details:\n\t(a)\tthe date on which the appeal was instituted;\n\t(b)\tthe name, badge ID, rank and posting of the appellant;\n\t(c)\tthe grounds of the appeal;\n\t(d)\ta copy of the notice of appeal.\nAs soon as reasonably practicable after the officer in charge of the IIS becomes aware of the institution of the appeal.\n17\nSection 6\nThe following details:\n\t(a)\tthe name, badge ID, rank and posting of the designated officer concerned;\n\t(b)\ta link (by reference to the file number of the matter) to the historical records on the CMS relating to the matter;\n\t(c)\tthe outcome of the appeal, or, if the appeal was discontinued, that fact and the reasons for the discontinuation.\nAs soon as reasonably practicable after the officer in charge of the IIS becomes aware of the completion or discontinuation of the appeal.\nSchedule 3—Code of conduct\n1—Interpretation\nIn this Schedule—\nbehave includes any form of behaviour, whether by word, conduct or omission;\ndepartment means the administrative unit of the Public Service of which the Commissioner is chief executive, or in relation to which the Commissioner has the powers and functions of chief executive, under the Public Sector Act 2009;\nduty, in relation to a designated officer, means a duty of the designated officer under the Act, these regulations or any other Act or law;\norder, in relation to a designated officer, means—\n\t(a)\ta general or special order made or given by the Commissioner; or\n\t(b)\tan order given by a person with authority under the Act or these regulations to give such an order to the designated officer.\n2—Honesty and integrity\nA designated officer must at all times act with honesty and integrity, whether in the course of his or her employment or otherwise.\n3—Conduct prejudicial to SA Police\nA designated officer must not, in the course of his or her employment or otherwise, behave in a manner that—\n\t(a)\treflects or is likely to reflect adversely on SA Police; or\n\t(b)\tis prejudicial to good order and discipline in SA Police.\n4—Performance of orders and duties\nA designated officer must not, without good and sufficient cause, disobey a lawful order or direction or fail to carry out a lawful order, direction or duty promptly and diligently.\n5—Negligence\nA designated officer must not be negligent in carrying out a lawful order, direction or duty.\n6—Proper exercise of authority\nA designated officer must—\n\t(a)\tuse only such force as is reasonably necessary in the execution of his or her duties; and\n\t(b)\texercise his or her powers of arrest and search, and any other power or authority conferred on the designated officer by virtue of his or her employment, reasonably and for a proper purpose.\n7—Conduct towards public, designated officers in the department\nA designated officer, in dealing with members of the public in the course of his or her employment, or in dealing at any time with designated officers, police medical officers or other persons employed in or performing duties or functions in the department—\n\t(a)\tmust not unlawfully discriminate against any person; and\n\t(b)\tmust not behave in an oppressive, offensive, abusive or insulting manner; and\n\t(c)\tmust be impartial and respectful.\n8—Conflict of interest\nA designated officer—\n\t(a)\tmust not knowingly place himself or herself in a position that creates or is likely to create a conflict of interest with his or her position as a designated officer; and\n\t(b)\tmust immediately report any such conflict (or likelihood of conflict) that arises to an officer senior to the designated officer.\n9—Improperly obtaining benefit or advantage\nA designated officer must not improperly obtain or seek to obtain a benefit or advantage for himself or herself or another person from his or her position as a designated officer.\n10—Confidentiality of information\nA designated officer must treat information obtained by SA Police (or by the designated officer by virtue of his or her employment) as confidential and must not—\n\t(a)\tseek to obtain access to such information except in the proper execution of his or her duties; or\n\t(b)\timproperly use or disclose such information.\n11—Responsibility for property\nA designated officer must not lose, damage, waste or misuse SA Police property or property in the custody of SA Police and must do everything within his or her authority to prevent, and report in accordance with general or special orders, the loss, damage, waste or misuse of such property.\n12—Improper complaint\nA designated officer must not make a false or frivolous complaint against—\n\t(a)\tanother designated officer; or\n\t(b)\ta police medical officer; or\n\t(c)\ta person employed in or performing duties or functions in the department.\n13—Foreign law\nA designated officer must not be found guilty of an offence under foreign law in respect of conduct that would have constituted an offence if it had occurred in this State.\nSchedule 4—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021)\n1—Application of laws to continuing complaints etc\n\t(1)\tThe Act as in force before the commencement of Schedule 1 of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 continues to apply in connection with—\n\t(a)\tany complaint, report or investigation referred to in clause 70 of that Schedule; and\n\t(b)\ta complaint made on or before 25 August 2021 under any of the integrity Acts.\n\t(2)\tIn this clause—\nintegrity Acts means each of the following:\n\t(a)\tJudicial Conduct Commissioner Act 2015;\n\t(b)\tOmbudsman Act 1972;\n\t(c)\tPolice Complaints and Discipline Act 2016.\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 these regulations (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.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n261\nGazette 29.8.2017 p3796 \n4.9.2017: r 2\n2021\n156\nGazette 7.10.2021 p3714\n7.10.2021: r 2\n2022\n88\nGazette 29.9.2022 p6273\n10.10.2022: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n7.10.2021\nPt 3\n\n\nr 7\n\n\nheading\namended by 88/2022 r 3(1)\n10.10.2022\nr 7(1)\nsubstituted by 88/2022 r 3(2)\n10.10.2022\nr 7(1a)\ninserted by 88/2022 r 3(3)\n10.10.2022\nSch 4\ninserted by 156/2021 r 4\n7.10.2021\nHistorical versions\n7.10.2021\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose of operationalising the Police Complaints and Discipline Act 2016. The 2021 and 2022 amendments expanded coverage to include police security officers (2022) and added transitional provisions for complaints made under predecessor legislation (2021), but these represent natural evolutionary adjustments rather than scope creep beyond the original intent of establishing a comprehensive police complaints and discipline framework."},"complexity_factors":["Extensive tabular schedules (4 schedules with detailed tables specifying data fields, recipients, and timeframes)","Cross-referencing between regulations and the parent Act (Police Complaints and Discipline Act 2016) with specific section citations (e.g., 'section 19(1) of the Act')","Multiple defined terms in interpretation sections (including nested definitions like 'order' and 'duty' in Schedule 3)","Conditional logic for different complaint pathways (management resolution vs. investigation vs. Tribunal hearing)","Time-bound obligations with varying periods (48 hours, 7 days, 14 days, 21 days, 90 days, fortnightly, monthly)","Dual application to two categories of officers (designated officers and police security officers) with slightly different provisions","Transitional provisions applying different versions of the law to complaints made at different times","Detailed procedural requirements for administrative actions (suspension calculations, fine payment arrangements, deduction from pay)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for how complaints against South Australian police officers are handled, investigated, and resolved. They work alongside the *Police Complaints and Discipline Act 2016* (the main law) to fill in the practical \"how-to\" details.\n\n**Key things covered:**\n\n*   **Complaint tracking:** Establishes a detailed complaint management system that records everything from initial complaints through to final outcomes. Specific information must be entered into this system at each stage—who complained, what happened, which officers were involved, witness details, and how the matter was resolved.\n\n*   **Code of conduct:** Sets out the professional standards that police officers and police security officers must follow. This includes rules about honesty, not behaving offensively toward the public, avoiding conflicts of interest, keeping information confidential, using only reasonable force, and not making false complaints against colleagues.\n\n*   **Investigation procedures:** Specifies what information investigating officers must provide and when—including initial investigation plans, fortnightly progress updates, and final reports.\n\n*   **Disciplinary process:** Details how officers are notified of allegations against them, how they can admit or deny charges, how suspensions work (including pay arrangements), and what fines or other penalties the Commissioner can impose (up to $1,250 for certain offences).\n\n*   **Keeping people informed:** Requires that complainants and accused officers receive written updates on complaint progress at least every 90 days.\n\n**Who it affects:**\n\n*   **Police officers** (called \"designated officers\" in the law) and **police security officers** in South Australia\n*   **Members of the public** who make complaints about police conduct\n*   The **Independent Investigation Section (IIS)**—the unit that handles complaints\n*   The **Police Commissioner** and other senior officers who make decisions on disciplinary matters\n\n**Why it matters:**\n\nThese regulations create transparency and accountability in policing. They ensure complaints are properly documented, investigated fairly, and resolved consistently. The code of conduct gives clear standards for police behaviour, while the detailed record-keeping requirements help prevent complaints from being lost or buried. For the public, it provides a structured way to hold police accountable; for officers, it ensures disciplinary processes follow clear rules rather than arbitrary decisions."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have been broadened and adjusted since their original 2017 text. Notable scope changes include: (1) explicit extension of the established code of conduct to police security officers by the 2022 variation (regulation 7(1a)), which expands the category of persons bound by Schedule 3; and (2) insertion of Schedule 4 (2021) providing savings and transitional provisions that preserve application of the prior Act to certain continuing complaints and to complaints made before 25 August 2021. These amendments move the instrument beyond a pure operational specification of complaint handling to also manage transitional coverage and to expand the class of covered officers."},"complexity_factors":["Multiple Schedules (4) with detailed tables of items and timeframes (Schedules 1–3, plus Schedule 4 transitional provisions)","Many cross‑references to specific sections of the Police Complaints and Discipline Act 2016 (numerous references throughout regs 4–6, 10–13 and Schedule 2)","Numerous distinct reporting deadlines and frequencies (48 hours, 7 days, within 2 weeks, fortnightly, monthly, 90 days) creating conditional timing rules","Detailed data fields required for CMS entries (Schedule 2 contains 17 items with dozens of subfields)","Procedural variations for different actor types (resolution officers, section 21(14) investigating officers, other investigating officers, IIS, Commissioner, Tribunal)","Discretionary powers retained by Commissioner (suspension pay, deductions, attendance for service, fines) combined with mandatory reporting to IIS/Tribunal","Code of conduct with multiple substantive duties and overlapping obligations (Schedule 3 clauses 2–13)","Recent amendments/insertions (2021 and 2022) that change application and add police security officers, requiring reading of variations history"],"plain_english_summary":"**What these regulations do (mechanical changes first)**\n\n- Set out exactly what information must be prepared and recorded when a complaint about a South Australian police officer is handled, investigated or resolved (regulations 4–6; Schedules 1–2).\n- Prescribe how often progress must be communicated in writing to complainants and to the officer complained about (every 90 days) (regulation 8).\n- Establish the code of conduct that designated officers (police officers and, since 2022, police security officers) must follow (regulation 7; Schedule 3). Breaches and attempts to breach the code are treated as breaches (regulation 7(2)).\n- Specify procedural steps for disciplinary matters: how a notice of allegation must be served (in person), how a designated officer may admit or deny an allegation and time limits for doing so, and how admissions are handled (regulations 10–12).\n- Set rules for suspension pay and deductions while an officer is suspended, including that the Commissioner determines how pay is calculated, may deduct other income from withheld remuneration, and (subject to exceptions) may withhold pay and service credit if the officer is later found guilty (regulation 11).\n- Prescribe monetary amounts that the Commissioner may impose as fines following a breach of discipline ($1,250 for the two listed categories) and allow payment arrangements or payroll deductions (regulation 13).\n- Include transitional savings about which version of the Act applies to continuing complaints (Schedule 4).\n\n**Who this affects**\n\n- Primary: designated officers within SA Police (this includes police security officers after the 2022 variation) — see regulation 7 and Schedule 3. They are subject to the code of conduct, to disciplinary procedures and to possible fines, suspension terms and record entries.\n- Internal officials: resolution officers, investigating officers (including those appointed under section 21(14) of the Act), the officer in charge of the Internal Investigation Service (IIS) and the Commissioner — these roles carry specific reporting, record-keeping and decision-making duties (regulations 4–6; Schedule 2).\n- Complainants and witnesses: the regulations specify what must be recorded about them and require regular written updates about progress (regulations 8–9; Schedule 2).\n- The Independent Commissioner/Tribunal processes are engaged by steps for notices, admissions, hearings and record transfers (regulations 10–12; Schedule 2 items 12–16).\n\n**Why it matters (stated purpose and practical effects)**\n\n- Officially, the regulations standardise complaint handling, set minimum recordkeeping fields, fix deadlines for updates and clarify disciplinary procedure mechanics (see the numerous cross-references to the Act in regulations 4–6 and Schedules 1–2). That is, they turn the Act’s high‑level duties into concrete operational steps.\n\n- Practical effects and incentives:\n  - They increase administrative and reporting obligations on resolution officers, investigating officers and the IIS (see Schedule 1 and Schedule 2 timeframes: e.g. initial entries within 7 days, 48‑hour CMS updates, fortnightly or monthly investigator updates). Those timeframes create fixed administrative workload and require timely information flows.\n  - The Commissioner retains significant decision-making discretion: to determine suspension pay calculations, to decide whether suspended pay and service are forfeited on conviction, to require attendance for service of a notice, and to impose fines and set payment arrangements (regulations 10–11, 13). That centralises key personnel and financial decisions in the Commissioner’s office.\n  - For designated officers, the code of conduct and the disciplinary mechanics change the personal downside of misconduct: possible fines, salary withholding, and impact on recorded service. The rules for admissions (21‑day window to admit or deny) structure defensive and settlement incentives (regulation 12).\n\n**Costs, trade-offs and implementation risks**\n\n- Compliance burden: The IIS and operational investigators must capture and enter a substantial set of data fields and meet short deadlines (Schedules 1–2). That requires staff time, a functioning complaint management system (CMS), and training.\n- Administrative risk: Short deadlines (48 hours for certain CMS updates; 7 days for many entries) raise risk of incomplete entries or formulaic submissions if resources are limited.\n- Discretion and review: The Commissioner’s broad powers (pay, deductions, attendance, sanctions) concentrate authority; the regime depends on transparent use of that discretion and recordkeeping for accountability (regulations 10–11, 13; Schedule 2 items 13–14). The Tribunal and appeal pathways remain (regulation 12; Schedule 2 items 13–17) but rely on timely sharing of records.\n- Confidentiality and operational security: Prescribing many data fields to be recorded and shared increases the amount of personal and operational information held in the CMS (Schedules 1–2). The regulations do not themselves set CMS access controls, so controlled handling must be implemented elsewhere.\n\n**Who pays, who decides, what behaviour changes**\n\n- Who pays: a designated officer may be required to pay a prescribed fine ($1,250 in the listed categories) and can have fines or amounts deducted from pay; suspended remuneration may be withheld and offset by other income during suspension (regulation 13; regulation 11).\n- Who decides: the Commissioner decides suspension remuneration treatment, whether withheld remuneration and service credits are forfeited after conviction (subject to “special circumstances”), and can require attendance for service of a notice of allegation; the IIS officer in charge or delegates are responsible for CMS entries (regulation 11; regulation 10; regulation 6; Schedule 2).\n- Behaviour changes: designated officers are required to meet the code of conduct standards (Schedule 3). Resolution and investigating officers are required to produce detailed reports and periodic updates and to enter data into the CMS within set timeframes (regulations 4–6; Schedules 1–2).\n\n**Concrete reference points**\n\n- Reporting and CMS deadlines: initial complaint entry within 7 days (Schedule 2 item 1), certain investigation entries within 48 hours (Schedule 2 items 5–7), fortnightly updates for section 21(14) investigators (Schedule 1 item 3) and monthly updates for other investigators (Schedule 2 item 10).\n- Service of notice of allegation: must be served in person; Commissioner may require attendance (regulation 10).\n- Admission window: admission or denial must be filed with the Tribunal registrar within 21 days of service of the notice of allegation (regulation 12(1)).\n\n**Limited scope of effects**\n\n- These regulations concern internal complaint-handling, recordkeeping and disciplinary procedure for SA Police. They do not create private legal rights or change criminal law; they operationalise parts of the Police Complaints and Discipline Act 2016 by specifying information, timelines and procedural detail."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was not available. The page returned was a website error, not the text of the regulations. No comparison between original intent and current provisions is possible."},"complexity_factors":["No actual legislative content was retrievable — the source URL returned a 404-style 'Page Not Found' error","Only the title and website navigation elements were available for analysis","Complexity cannot be meaningfully assessed without access to the regulatory text, definitions, schedules, or operative provisions"],"plain_english_summary":"The Police Complaints and Discipline Regulations 2017 (SA) would set procedures for handling complaints about police conduct and for disciplining South Australian Police officers, affecting members of the public, SAPOL personnel, and oversight bodies. The actual regulation text could not be retrieved from the SA legislation website (page not found), so no substantive provisions or analysis are available beyond the instrument’s intended scope and who it would impact."}},"importantCases":[],"_links":{"self":"/api/acts/police-complaints-and-discipline-regulations-2017","history":"/api/acts/police-complaints-and-discipline-regulations-2017/history","analysis":"/api/acts/police-complaints-and-discipline-regulations-2017/analysis","conflicts":"/api/acts/police-complaints-and-discipline-regulations-2017/conflicts","importantCases":"/api/acts/police-complaints-and-discipline-regulations-2017/important-cases","documents":"/api/acts/police-complaints-and-discipline-regulations-2017/documents"}}