{"id":"police-regulations-2014","name":"Police Regulations 2014","slug":"police-regulations-2014","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236255,"registerId":"sa-police-regulations-2014-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThese regulations may be cited as the Police Regulations 2014.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Police Act 1998;\napproved means approved by the Commissioner by general or special order under section 11 of the Act;\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;\nemployee means a member of SA Police or police cadet;\nemployee in the department means—\n\t(a)\ta member of SA Police; or\n\t(b)\ta police cadet, police medical officer or special constable; or\n\t(ba)\ta police security officer; or\n\t(c)\ta person employed in or performing duties or functions in the department;\nprevious regulations means—\n\t(a)\tthe Police Regulations 1999 (see Gazette 30.6.1999 p3312) (disallowed); or\n\t(b)\tthe regulations revoked by these regulations; or\n\t(c)\tany regulations made and revoked under the Police Act 1952;\nservice does not include leave without pay unless otherwise ordered by the Commissioner.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Command and structure of SA Police","content":"Part 2—Command and structure of SA Police\n4—Ranks\nThe ranks of officers and other members of SA Police in order of seniority (starting with the highest rank) are as follows:\n\t(a)\tCommissioner;\n\t(b)\tDeputy Commissioner;\n\t(c)\tAssistant Commissioner;\n\t(d)\tCommander;\n\t(e)\tChief Superintendent;\n\t(f)\tSuperintendent;\n\t(g)\tChief Inspector;\n\t(h)\tInspector;\n\t(i)\tSenior Sergeant;\n\t(j)\tSergeant;\n\t(k)\tSenior Constable First Class;\n\t(l)\tSenior Constable;\n\t(m)\tConstable.\n5—Relative seniority\nExcept as otherwise provided in these regulations, the relative seniority of members of SA Police will be determined as follows:\n\t(a)\tas between 2 members holding different ranks—the senior member is the member who holds the higher rank;\n\t(b)\tas between 2 members holding the same rank—the senior member is the member who has been holding the rank continuously for the longer period of time;\n\t(c)\tas between 2 members holding the same rank who have held the rank for the same period of time—the senior member is the member who, by general or special order of the Commissioner, is the senior member.\n6—Responsibility when members are on duty together\n\t(1)\tIf 2 or more members of SA Police are engaged on duty together—\n\t(a)\tthe senior member is responsible for the performance of the duty; and\n\t(b)\tthe junior member, regardless of the part of SA Police in which the member is serving, must comply with the orders given by the senior member.\n\t(2)\tFor the purposes of subregulation (1), if a community constable is engaged on duty with a member of SA Police who is not a community constable, that other member is the senior and the community constable is the junior.\n\t(3)\tDespite subregulation (1)—\n\t(a)\tif the Commissioner by general or special order, or any officer by order, directs that a specified member of SA Police is responsible for the performance of a particular duty, the other members of SA Police engaged on the duty, whether senior to the specified member or not, must comply with orders given by the member for the performance of the duty; and\n\t(b)\tif a member of SA Police is, in accordance with these regulations, transferred to a position of a lower rank without loss of rank or seniority, the member must comply with the orders of such other members, whether junior to the member or not, as the Commissioner may direct for the performance of the duties of the position.\n\t(4)\tA direction by an officer under subregulation (3)(a) may only be given in relation to, and is only binding on, a member of SA Police who is under the officer's direction and superintendence.\n7—Responsibility of members on duty with other department employees\nIf the Commissioner by general or special order directs that a specified employee in the department who is not a member of SA Police is responsible for the performance of a particular duty, all members of SA Police engaged on that duty must (subject to any general or special order of the Commissioner) comply with the orders given by that person for the performance of that duty.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Initial appointments","content":"Part 3—Initial appointments\n8—Selection processes and requirements for initial appointment\n\t(1)\tAn application for initial appointment as an employee or police medical officer must be made in a manner approved by the Commissioner.\n\t(2)\tApplications for initial appointment as an employee or police medical officer will be assessed, and selections for appointment made—\n\t(a)\tin such manner; and\n\t(b)\taccording to such standards relating to physical and other requirements genuinely and reasonably required for that employment,\nas may be approved by the Commissioner.\n\t(3)\tDespite subregulation (2)(b), the Commissioner may determine that any standards do not apply, or apply with such modifications as are specified by the Commissioner, to a particular applicant or position, or an applicant or position of a specified class.\n\t(4)\tThe Commissioner may appoint a selection panel to advise the Commissioner on the suitability, or relative suitability, of applicants.\n\t(5)\tAn applicant must, if required, attend for an interview before such a selection panel.\n\t(6)\tThis regulation does not apply to an appointment to a position in SA Police of or above the rank of senior constable.\n9—Appointment to certain ranks for specified term under section 23\nPursuant to section 23(2)(b) of the Act, a person who is not a member of SA Police may be appointed under section 23 to a position in SA Police of or above the rank of senior constable for a term specified under that section if applications for the position have been called for and an advisory committee formed to consider those applications has determined that there are no suitable applicants.\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Duties","content":"Part 4—Duties\n10—Duties of all members of SA Police\nEvery member of SA Police must use all lawful means in his or her power—\n\t(a)\tto uphold the law, preserve the peace, prevent crime and carry out the other functions of SA Police; and\n\t(b)\tto ensure that all employees under his or her command perform their duties efficiently and in a proper manner.\n","sortOrder":3},{"sectionNumber":"Part 7","sectionType":"part","heading":"Drug and alcohol testing","content":"Part 7—Drug and alcohol testing\n29—Interpretation\n\t(1)\tIn this Part, unless the contrary intention appears—\nanalyst means—\n\t(a)\ta person appointed by the Minister as an analyst for the purposes of Part 6 Division 2 of the Act; or\n\t(b)\ta person holding an office of a class approved by the Minister for the purposes of Part 6 Division 2 of the Act;\napproved blood test kit means a kit of a kind declared under the Road Traffic Act 1961 to be an approved blood test kit;\nauthorised member of SA Police—see regulation 30(2);\nblood test information sheet means an information sheet in an approved form that sets out, for the benefit of sample collectors, the procedures prescribed under regulation 39;\nhigh risk driving—see section 41B(2)(b) of the Act;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nobserver means a member of SA Police who performs the functions conferred on an observer under this Part in relation to the taking of a sample of blood;\nprescribed concentration of alcohol means a concentration of 0.02 grams or more of alcohol in 100 millilitres of blood;\nprescribed drug means—\n\t(a)\tcocaine;\n\t(b)\tdelta‑9‑tetrahydrocannabinol;\n\t(c)\tdiacetylmorphine;\n\t(d)\tmethylamphetamine;\n\t(e)\t3, 4‑methylenedioxymethamphetamine (MDMA);\nregistered nurse means a person registered under the Health Practitioner Regulation National Law—\n\t(a)\tto practise in the nursing and midwifery profession as a nurse (other than as a student); and\n\t(b)\tin the registered nurses division of that profession;\nsample collector means—\n\t(a)\tin the case of a sample of blood—a medical practitioner or registered nurse; and\n\t(b)\tin the case of a sample of oral fluid or urine—an authorised member;\ntest subject means—\n\t(a)\ta member of SA Police, a police cadet or a police security officer required to undergo drug and alcohol testing under section 41B of the Act; or\n\t(b)\tan applicant to whom section 41C(1) of the Act applies required to undergo drug and alcohol testing;\nurine screening test means a test of a kind approved by the Commissioner under regulation 30 for the conduct of urine screening tests.\n\t(2)\tFor the purposes of this Part, a reference to a document being in an approved form means in a form approved by the Commissioner under regulation 30.\n29A—Approval of apparatus for conduct of drug screening tests\nThe following apparatus is approved for the conduct of drug screening tests:\nSecuretec Drugwipe S\n30—Commissioner may give approvals and authorisations for purposes of this Part\n\t(1)\tThe Commissioner may give such approvals as are necessary or contemplated for the purposes of this Part, including (for example) approving certificates and other forms, tests for the conduct of urine screening and courses of training.\n\t(2)\tSubject to subregulation (3), the Commissioner may, for the purposes of Part 6 Division 2 of the Act, authorise a member of SA Police to do any or all of the following:\n\t(a)\tto operate breath analysing instruments;\n\t(b)\tto conduct drug screening tests;\n\t(c)\tto take oral fluid samples;\n\t(d)\tto take urine samples.\n\t(3)\tThe Commissioner may not authorise a member of SA Police to take oral fluid or urine samples, or to conduct breath analyses or drug screening tests, unless the Commissioner is satisfied that the member has completed to a satisfactory level a course of training approved by the Commissioner.\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Drug testing","content":"Division 2—Drug testing\n31—General requirements\n\t(1)\tIf a test subject (other than a person to whom section 41C(1) of the Act applies) has been required to submit to drug testing under Part 6 Division 2 of the Act—\n\t(a)\tany drug screening test may not be commenced more than 8 hours after the subject has come off duty or more than 8 hours following a critical incident or high risk driving occurrence (as the case may be); and\n\t(b)\tany biological sample that is required to be taken from the test subject must not be taken more than 8 hours after the subject has come off duty or more than 8 hours following a critical incident or high risk driving occurrence (as the case may be).\n\t(2)\tThe performance of a drug screening test commences when a direction is first given to the test subject to provide a sample of oral fluid to be used for the drug screening test.\n\t(3)\tThe following applies to the taking of a biological sample from a test subject by an authorised member for the purposes of drug testing:\n\t(a)\tif the authorised member considers that a sample of oral fluid can be taken—the authorised member must take a sample of oral fluid;\n\t(b)\tif the authorised member considers that a sample of oral fluid cannot be taken but that a sample of urine can—the authorised member must take a sample of urine;\n\t(c)\tif the authorised member considers that neither a sample of oral fluid nor a sample of urine can be taken—the authorised member must arrange for a medical practitioner or registered nurse to take a sample of blood.\n32—Oral fluid sample processes\n\t(1)\tThe following are the procedures in accordance with which a sample of a test subject's oral fluid must be taken and dealt with for the purposes of drug testing:\n\t(a)\tthe authorised member must provide the test subject with the means by which the test subject can provide the sample of oral fluid;\n\t(b)\twhen the authorised member is satisfied that the test subject has provided a satisfactory sample of the test subject's oral fluid, the member must place the sample, in approximately equal proportions, in 2 containers suitable for the purpose;\n\t(d)\teach container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid;\n\t(e)\tthe authorised member must then mark each container in a manner approved by the Commissioner and seal each container;\n\t(f)\tit is the duty of the authorised member to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid;\n\t(g)\tthe authorised member must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the member and the test subject;\n\t(h)\tthe original of the signed certificate must then be sent to or retained on behalf of the Commissioner;\n\t(i)\ta copy of the signed certificate must be delivered to the test subject together with a written notice advising that a container containing part of the oral fluid sample taken from the test subject and marked with the identification number specified in the notice will be available for collection by or on behalf of the test subject at a specified place.\n\t(2)\tA test subject must comply with all reasonable directions of an authorised member in connection with the taking of an oral fluid sample and the signing of a certificate under this regulation.\n33—Urine sample processes\n\t(1)\tThe following are the procedures in accordance with which a sample of a test subject's urine must be taken and dealt with for the purposes of drug testing:\n\t(a)\tthe authorised member must provide the test subject with a urine collection container and allow the test subject to provide the sample in private;\n\t(b)\tthe test subject must provide a sufficient sample of his or her urine in the container and then deliver the container to the authorised member immediately;\n\t(c)\tthe authorised member—\n\t(i)\tmust, within 4 minutes of receiving the sample, test the temperature, and conduct a visual examination, of the sample; and\n\t(ii)\tmay conduct any other test designed to determine whether or not the sample is a sample of the test subject's urine and is otherwise suitable for analysis;\n\t(d)\tif the authorised member has reasonable cause to suspect that the sample—\n\t(i)\tis not a sample of the test subject's urine or has been diluted or tampered with in any way; or\n\t(ii)\tis not suitable for analysis for some other reason,\nthe member—\n\t(iii)\tmust require another sample to be provided in accordance with this regulation; and\n\t(iv)\tmay require the test subject to submit to a search before the additional sample is provided;\n\t(e)\tif the authorised member requires the test subject to submit to a search, the search—\n\t(i)\tmay only be conducted by, and in the presence of, a person of the same sex as the test subject; and\n\t(ii)\tmust be carried out in private; and\n\t(iii)\tmust not be witnessed by any more persons than is reasonably necessary;\n\t(f)\tif the test subject provides 2 samples that, in the opinion of the authorised member, are not samples of the test subject's urine or are otherwise unsuitable for analysis, the test subject will be taken to have failed to comply with a direction under section 41B or 41C of the Act (as the case requires);\n\t(g)\twhen the authorised member is satisfied that the test subject has provided a satisfactory sample of the test subject's urine, the member may subject the sample to a urine screening test to determine whether the sample should be submitted for analysis;\n\t(h)\tif the authorised member does not subject the sample to a urine screening test, or a urine screening test indicates that a prescribed drug may be present in the sample, the member must, in the presence of the test subject place the sample, in approximately equal proportions, in 2 containers suitable for the purpose;\n\t(i)\teach container referred to in paragraph (h) must contain a sufficient quantity of urine to enable an analysis to be made of the presence of a prescribed drug in the urine;\n\t(j)\tthe authorised member must then mark each container in a manner approved by the Commissioner and seal each container;\n\t(k)\tit is the duty of the authorised member to take such measures as are reasonably practicable in the circumstances to ensure that the urine is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of any prescribed drug present in the urine of the test subject;\n\t(l)\tthe authorised member must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the member and the test subject;\n\t(m)\tthe original of the signed certificate must then be sent to or retained on behalf of the Commissioner;\n\t(n)\ta copy of the signed certificate must be delivered to the test subject together with 1 of the sealed containers containing part of the urine sample.\n\t(2)\tA test subject must comply with all reasonable directions of an authorised member in connection with the taking of a urine sample and the signing of a certificate under this regulation.\n34—Blood sample processes\n\t(1)\tThe following are the procedures in accordance with which a sample of a test subject's blood must be taken and dealt with for the purposes of drug testing:\n\t(a)\tthe sample must be taken by a medical practitioner or registered nurse in the presence of an observer;\n\t(b)\tthe sample collector must place the sample, in approximately equal proportions, in 2 containers suitable for the purpose;\n\t(c)\teach container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of any prescribed drug present in the blood and the sample of blood taken by the sample collector must be such as to furnish 2 such quantities of blood;\n\t(d)\tthe sample collector must then mark each container in a manner approved by the Commissioner and seal each container;\n\t(e)\tit is the duty of the sample collector to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of any prescribed drug present in the blood of the test subject;\n\t(f)\tthe sample collector must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the sample collector, the observer in whose presence the sample has been taken and the test subject;\n\t(g)\tthe original of the signed certificate must then be sent to or retained on behalf of the Commissioner;\n\t(h)\ta copy of the signed certificate must be delivered to the test subject together with 1 of the sealed containers containing part of the blood sample;\n\t(i)\ta copy of the signed certificate must be delivered by the sample collector together with the other sealed container containing part of the blood sample to the observer;\n\t(j)\tthe blood sample container and copy of the certificate referred to in paragraph (i) must not be delivered into the possession of the test subject.\n\t(2)\tA test subject must comply with all reasonable directions of a sample collector or observer in connection with the taking of a blood sample and the signing of a certificate under this regulation.\n35—Analysis of biological sample\n\t(1)\tIf—\n\t(a)\tan authorised member takes a urine or oral fluid sample and completes a certificate in relation to the sample; or\n\t(b)\tan observer is given a blood sample and a certificate in relation to the sample,\nin accordance with this Division, the authorised member or observer (as the case may be) must cause the sample and certificate to be delivered to Forensic Science SA as soon as is reasonably practicable after the relevant taking or giving of the sample or certificate.\n\t(2)\tThe Director of Forensic Science SA must, as soon as possible following the delivery of a sample under subregulation (1), ensure that the sample is analysed by or under the supervision of an analyst to determine the presence of any prescribed drug in the sample.\n\t(3)\tThe analyst must then complete and sign a certificate certifying as to the following matters:\n\t(a)\tthe date of receipt at Forensic Science SA of the sample container and the certificate accompanying the sample container;\n\t(b)\tthe details of the mark on the sample container and the manner in which it was sealed;\n\t(c)\tthe name and professional qualifications of the analyst;\n\t(d)\tthe presence of any prescribed drug found to be present in the sample;\n\t(e)\tany factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;\n\t(f)\tany other information relating to the sample or analysis (or both) that the analyst thinks fit to include.\n\t(4)\tThe analyst's certificate must be sent by post to the test subject at the address shown as the test subject's address on the certificate accompanying the sample container.\n\t(5)\tA copy of the analyst's certificate must be sent to the Commissioner.\n\t(6)\tA biological sample delivered to Forensic Science SA under this regulation must be held by Forensic Science SA for a period of not less than 6 months following the delivery.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Alcohol testing","content":"Division 3—Alcohol testing\n36—Alcotesting and breath analyses\n\t(1)\tAn alcotest or breath analysis to which a test subject has been required to submit under Part 6 Division 2 of the Act may not be commenced more than 8 hours after the test subject has come off duty, or more than 8 hours following a critical incident or high risk driving occurrence, as the case may be.\n\t(2)\tThe following persons may carry out breath testing of a test subject under this Division:\n\t(a)\tin the case of an alcotest—a member of SA Police;\n\t(b)\tin the case of a breath analysis—an authorised member.\n\t(3)\tThe performance of an alcotest or breath analysis commences when a direction is first given to the test subject to exhale into the alcotest apparatus or breath analysing instrument to be used for the test.\n\t(4)\tIf an alcotest conducted indicates that the prescribed concentration of alcohol may be present in the blood of the test subject, a member of SA Police may require the test subject to submit to a breath analysis by means of a breath analysing instrument.\n37—Concentration of alcohol in breath taken to indicate concentration of alcohol in blood\nIf a test subject submits to a breath analysis and the breath analysing instrument produces a reading in terms of a number of grams of alcohol in 210 litres of the person's breath, the reading will, for the purposes of this Part, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood.\n38—Conduct of alcotest and breath analysis\n\t(1)\tA test subject required under the Act to submit to an alcotest or breath analysis must not refuse or fail to comply with all reasonable directions of the person operating the alcotest apparatus or breath analysing instrument in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus or instrument by which the alcotest or breath analysis is conducted in accordance with the directions of the person operating the apparatus or instrument.\n\t(2)\tIf a test subject submits to a breath analysis, the breath analysis must be conducted in the following manner:\n\t(a)\tthe test subject must provide 2 separate samples of breath for analysis;\n\t(b)\teach sample must be provided in accordance with the directions of the authorised member conducting the analysis and must consist of not less than 1 litre of breath;\n\t(c)\tthere must be an interval of not less than 2 minutes and not more than 10 minutes between the provision of the samples.\n\t(3)\tDespite subregulation (2)—\n\t(a)\tif, on analysing a sample of breath, the breath analysing instrument indicates an error in the analysis of the sample—\n\t(i)\tthat sample, or, if that sample was the second sample provided, both samples, must be disregarded; and\n\t(ii)\tthe test subject may be required to provide 2 further samples of breath for analysis using a different instrument (and such samples must be provided in accordance with subregulation (2)(b) and (c)); or\n\t(b)\tif, on analysing a sample of breath, the breath analysing instrument indicates the presence of alcohol in the mouth of the test subject—\n\t(i)\tthat sample, or, if that sample was the second sample provided, both samples, must be disregarded; and\n\t(ii)\tthe test subject may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (2)(b) and (c)); or\n\t(c)\tif, on analysing 2 samples of breath, the breath analysing instrument indicates that the reading obtained on analysis of the second sample was more than 15% higher or lower than the reading obtained on analysis of the first sample—\n\t(i)\tthose samples must be disregarded; and\n\t(ii)\tthe test subject may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (2)(b) and (c)); or\n\t(d)\tif, for any reason, a second sample of breath is not provided within 10 minutes of the provision of the first sample—\n\t(i)\tthe first sample is to be disregarded; and\n\t(ii)\tthe test subject may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (2)(b) and (c)).\n\t(4)\tIf a test subject submits to a breath analysis, the result of the breath analysis will, for the purposes of Part 6 Division 2 of the Act, be taken to be the reading produced by the breath analysing instrument, on analysis of the samples of breath provided by the test subject in accordance with this regulation, that indicates the lower concentration of alcohol in the test subject's breath (not taking into account any samples that, in accordance with this regulation, are to be disregarded).\n39—Procedures for voluntary blood test\nThe following are the procedures in accordance with which a sample of a test subject's blood must be taken and dealt with for the purposes of testing for the presence of alcohol:\n\t(a)\tthe test subject must cause the sample to be taken by a medical practitioner or registered nurse of the test subject's choice and must deliver to the sample collector—\n\t(i)\tthe blood test kit supplied to the test subject under regulation 41(4)(b) for use for that purpose; and\n\t(ii)\tthe blood test information sheet supplied to the test subject under regulation 40;\n\t(b)\tthe sample must be taken by the sample collector as soon as is reasonably practicable but, in any event, within 4 hours of the test subject having submitted to the breath analysis indicating, for the purposes of the Act, the presence of alcohol in the test subject's blood;\n\t(c)\tthe sample collector must place the sample, in approximately equal proportions, in 2 containers (being the containers provided as part of the blood test kit);\n\t(d)\teach container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of alcohol present in the blood and the sample of blood taken by the sample collector must be such as to furnish 2 such quantities of blood;\n\t(e)\tthe sample collector must seal each container by application of the adhesive seal bearing an identifying number provided as part of the blood test kit;\n\t(f)\tit is the duty of the sample collector to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of alcohol present in the blood of the test subject;\n\t(g)\tthe sample collector must then complete a certificate in the approved form by inserting the particulars required by the form;\n\t(h)\tthe certificate must be signed by the sample collector certifying as to the matters set out in the form;\n\t(i)\tthe certificate must also bear the signature of the test subject, attested to by the signature of the sample collector;\n\t(j)\tthe original of the signed certificate must then be delivered to the test subject together with 1 of the sealed containers containing part of the blood sample;\n\t(k)\ta copy of the signed certificate must be delivered by the sample collector together with the other sealed container containing part of the blood sample to a member of SA Police who must, in turn, deliver that copy of the certificate and the blood sample container to Forensic Science SA;\n\t(l)\tthe blood sample container and copy of the certificate referred to in paragraph (k) must not be delivered into the possession of the test subject;\n\t(m)\ton receipt of the blood sample container and certificate at Forensic Science SA, the blood in the container must be analysed as soon as is reasonably practicable by or under the supervision of an analyst to determine the concentration of alcohol present in the blood expressed in grams in 100 millilitres of blood;\n\t(n)\tthe analyst must then complete and sign a certificate certifying as to the following matters:\n\t(i)\tthe date of receipt at Forensic Science SA of the blood sample container and the certificate accompanying the blood sample container;\n\t(ii)\tthe identifying number appearing on the adhesive seal used to seal the blood sample container;\n\t(iii)\tthe name and professional qualifications of the analyst;\n\t(iv)\tthe concentration of alcohol found to be present in the blood expressed in grams in 100 millilitres of blood;\n\t(v)\tany factors relating to the blood sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;\n\t(vi)\tany other information relating to the blood sample or analysis or both that the analyst thinks fit to include;\n\t(o)\tthe analyst's certificate must be sent by post to the test subject at the address shown as the test subject's address on the certificate accompanying the blood sample container;\n\t(p)\ta copy of the analyst's certificate must be sent to or retained on behalf of the Minister;\n\t(q)\ta copy of the analyst's certificate must also be sent to the Commissioner.\n40—Request for approved blood test kit\n\t(1)\tFor the purposes of regulation 41(4)(b), a request for an approved blood test kit must be made in accordance with the following provisions:\n\t(a)\tthe request may, in the first instance, be made orally to the authorised member conducting the breath analysis;\n\t(b)\ton such a request having been made by the test subject, the authorised member or any other member of SA Police present must complete a written request in an approved form by inserting the particulars required by the form;\n\t(c)\tthe test subject making the request must then sign the request form in the presence of the authorised member or other member of SA Police and the test subject's signature must be attested to by the signature of the authorised member or other officer;\n\t(d)\tthe original of the signed request form may be retained by the test subject making the request;\n\t(e)\ta copy of the signed request form must be delivered to the authorised member or other member of SA Police.\n\t(2)\tThe copy of the request form delivered to the authorised member or other member of SA Police must be delivered to the Commissioner or retained on the Commissioner's behalf for 12 months from the day on which the request form was signed by the test subject making the request.\n\t(3)\tIf a test subject requests an approved blood test kit, the authorised member or any other member of SA Police must provide the test subject with a blood test information sheet.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Evidence etc","content":"Division 4—Evidence etc\n41—Evidence etc\n\t(1)\tIf the requirements and procedures in relation to breath analysing instruments and breath analysis under this Part, including subregulations (3) and (4), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the test subject at the time of the analysis.\n\t(2)\tNo evidence can be adduced in rebuttal of the presumption created by subregulation (1) except—\n\t(a)\tevidence of the concentration of alcohol in the blood of the test subject as indicated by analysis of a sample of blood taken and dealt with in accordance with the procedures set out in this Part; and\n\t(b)\tevidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave a false reading of the concentration of alcohol present in the blood of the test subject.\n\t(3)\tAs soon as is practicable after a test subject has submitted to an analysis of breath by means of a breath analysing instrument, the authorised member who conducted the analysis must deliver to the test subject a statement in writing specifying—\n\t(a)\tthe reading produced by the breath analysing instrument; and\n\t(b)\tthe date and time of the analysis.\n\t(4)\tIf a test subject has submitted to an analysis of breath by means of a breath analysing instrument and any concentration of alcohol is indicated as being present in the blood of that test subject by the breath analysing instrument, the authorised member who conducted the analysis must immediately—\n\t(a)\tgive the person the oral advice determined by the Commissioner and deliver to the person the written notice determined by the Commissioner as to the operation of this Act in relation to the results of the breath analysis and as to the procedures set out in this Part for the taking and analysis of a sample of the person's blood; and\n\t(b)\tat the request of the person made in accordance with regulation 40, deliver an approved blood test kit to the person.\n\t(5)\tA certificate purporting to be signed by an authorised member in relation to a breath analysing instrument and to certify that—\n\t(a)\tthe apparatus used by the authorised member was a breath analysing instrument within the meaning of Part 6 Division 2 of the Act; and\n\t(b)\tthe breath analysing instrument was in proper order and was properly operated; and\n\t(c)\tthe provisions of Part 6 Division 2 of the Act and this Part with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(6)\tA certificate purporting to be signed by a member of SA Police and to certify that an apparatus referred to in the certificate is or was of a kind approved under the Road Traffic Act 1961 for the purpose of performing alcotests is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(7)\tA certificate purporting to be signed by a member of SA Police and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that any concentration of alcohol may then have been present in the blood of that person is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(8)\tA certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any prescribed drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(9)\tA certificate purporting to be signed by an authorised member and to certify that—\n\t(a)\ta person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and\n\t(b)\tthe breath analysing instrument produced a reading specified in the certificate; and\n\t(c)\ta statement in writing required by subregulation (3) was delivered in accordance with that subregulation,\nis, in the absence of proof to the contrary, proof of the matters so certified.\n\t(10)\tA certificate purporting to be signed by an authorised member and to certify—\n\t(a)\tthat, on a date and at a time specified in the certificate, a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument; and\n\t(b)\tthat the relevant oral advice and the relevant written notice were given and delivered to the person in accordance with subregulation (4)(a); and\n\t(c)\tthat—\n\t(i)\tthe person did not make a request for an approved blood test kit in accordance with this Part; or\n\t(ii)\tat the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subregulation (4)(b),\nis, in the absence of proof to the contrary, proof that the requirements of subregulation (4) were complied with in relation to the person.\n\t(10a)\tA certificate purporting to be signed by an authorised member and to certify that an apparatus referred to in the certificate is or was of a kind approved by regulation 29A for the conduct of drug screening tests is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(10b)\tA certificate purporting to be signed by an authorised member and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(10c)\tA certificate purporting to be signed by an authorised member and to certify that apparatus used to conduct a drug screening test was in proper order and that the drug screening test was properly conducted is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(11)\tA certificate purporting to be signed by a member of SA Police and to certify that a person named in the certificate was required under Part 6 Division 2 of the Act and this Part to submit to an alcotest or breath analysis and refused or failed to comply with all reasonable directions of a member of SA Police in relation to the requirement is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(12)\tA certificate purporting to be signed by the Commissioner and to certify that a person named in the certificate is an authorised member is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(13)\tIn any proceeding under the Act, and in the absence of proof to the contrary, any of the following certificates is evidence of the matters certified in the certificate:\n\t(a)\ta certificate purporting to be signed by a sample collector certifying that an identified urine or oral fluid sample was taken or collected—\n\t(i)\tfrom a named person; and\n\t(ii)\tat a specified date and time; and\n\t(iii)\tin accordance with this Part;\n\t(b)\ta certificate purporting to be signed by a medical practitioner or registered nurse certifying that an identified blood sample was taken or collected—\n\t(i)\tfrom a named person; and\n\t(ii)\tat a specified date and time; and\n\t(iii)\tin accordance with this Part;\n\t(d)\ta certificate purporting to be signed by an authorised member certifying—\n\t(i)\tthat the apparatus used to conduct an oral fluid analysis was in proper order; and\n\t(ii)\tthat the oral fluid analysis was properly conducted;\n\t(e)\ta certificate purporting to be signed by an analyst certifying—\n\t(i)\tthat an identified blood, urine or oral fluid sample taken from a named person was analysed for alcohol or prescribed drugs in accordance with this Part; and\n\t(ii)\tthe results obtained from that analysis.\n\t(14)\tIf a certificate of an analyst relating to a blood, urine or oral fluid sample taken in accordance with this Part is received as evidence in proceedings and states that a prescribed drug has been found to be present in the blood, urine or oral fluid sample to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the prescribed drug stated in the certificate was present in the sample when the sample was taken.\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Other matters","content":"Division 5—Other matters\n42—Test subject may arrange for analysis of biological sample\nA test subject from whom a biological sample was taken for the purposes of Part 6 Division 2 of the Act may cause the sample as contained in the sample container delivered to that test subject to be analysed to determine the presence of any alcohol or prescribed drug present in the sample.\n43—Destruction of biological samples\nThe Commissioner must ensure that a biological sample taken for the purposes of Part 6 Division 2 of the Act (and any other forensic material taken incidentally in the course of drug and alcohol testing) is destroyed—\n\t(a)\tif disciplinary proceedings based on evidence of the results of analysis of the biological sample are not commenced—as soon as is reasonably practicable after the decision has been made not to commence proceedings; or\n\t(b)\tif disciplinary proceedings are commenced—as soon as is reasonably practicable after the proceedings (including any proceedings on review or appeal) are finally determined or discontinued.\n","sortOrder":8},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transfers","content":"Part 8—Transfers\n44—Transfer to position of higher rank\n\t(1)\tSubject to this regulation, the Commissioner may, under section 47 of the Act, transfer a member of SA Police to a position of a higher rank—\n\t(a)\tuntil a person on leave from or otherwise temporarily unable to perform the duties of the position returns to the position; or\n\t(b)\tif the position has been permanently vacated, until the position is filled by selection processes.\n\t(2)\tA transfer as authorised under subregulation (1)—\n\t(a)\tmay be made on such conditions as are approved by the Commissioner; and\n\t(b)\tmust not be for a period exceeding 2 years.\n\t(3)\tIf a member has been transferred to a position of a higher rank as authorised under this regulation, the Commissioner may, under section 47 of the Act, transfer the member to a position of a lower rank in order to return the member to a position of a rank the same as that of his or her original position.\n45—Transfer to position of lower rank\n\t(1)\tSubject to this regulation, the Commissioner may, under section 47 of the Act, transfer a member of SA Police to a position of lower rank if—\n\t(a)\tthe transfer is in the opinion of the Commissioner necessary—\n\t(i)\tfor the purposes of the restructuring of a part of SA Police; or\n\t(ii)\tfor the purposes of filling a designated position; and\n\t(b)\tthe transfer is made on condition that the member retains his or her existing rank and seniority while occupying the position of a lower rank.\n\t(2)\tA member transferred as authorised under subregulation (1) may be further transferred to positions of a rank lower than that of his or her original position.\n\t(3)\tThe period or aggregate of the periods for which a transfer or transfers authorised under subregulation (1) or (2) may continue must not exceed 2 years or such longer period as the Minister may approve in a particular case.\n\t(4)\tIf a member has been transferred to a position of a lower rank as authorised under this regulation, the Commissioner may, under section 47 of the Act, transfer the member to a position of a higher rank in order to return the member to a position of a rank the same as that of his or her original position.\n\t(5)\tOn transferring a member to a position of a lower rank as authorised under this regulation, the Commissioner must give orders as to the performance by the member of the duties of the position and the members whose orders will be binding on the member while in the position.\n\t(6)\tIn this regulation—\ndesignated position means a position that the Commissioner determines, based on the nature of the position, or the qualifications, experience or other attributes that are essential or desirable in respect of the position, to be a position that, without a transfer under subregulation (1), would be difficult to fill.\n","sortOrder":9},{"sectionNumber":"Part 9","sectionType":"part","heading":"Appointment to promotional positions in SA Police","content":"Part 9—Appointment to promotional positions in SA Police\n46—Interpretation\nIn this Part—\nmerit pool means a merit pool established under regulation 48, as constituted from time to time;\nprescribed officer position means a position in SA Police of or above the rank of chief inspector and of or below the rank of Assistant Commissioner.\n47—Application of Part\nNothing in this Part applies in relation to a transfer under the Act or these regulations from one position in SA Police to another.\n48—Commissioner may establish merit pool or pools\n\t(1)\tThe Commissioner may establish a merit pool or pools in relation to the appointment of members of SA Police to prescribed promotional positions or prescribed officer positions.\n\t(2)\tThe Commissioner must, if the Commissioner proposes to establish a merit pool, cause the proposed establishment of the merit pool to be advertised in either or both of the following ways:\n\t(a)\tby publishing a notice in the Police Gazette calling for applications from eligible members of SA Police for inclusion in the merit pool;\n\t(b)\tby calling for such applications in any other manner determined by the Commissioner.\n\t(3)\tThe Commissioner may, by general order, special order or guideline—\n\t(a)\tmake provisions relating to eligibility for inclusion in a merit pool (including, to avoid doubt, provisions relating to circumstances in which members of SA Police are ineligible for inclusion);\n\t(b)\tmake provisions relating to the establishment of advisory committees for the purposes of this Part;\n\t(c)\tmake provisions relating to the size of a merit pool;\n\t(d)\tmake provisions relating to applications for inclusion in a merit pool;\n\t(e)\tmake provisions relating to removal from, or reinstatement in, a merit pool;\n\t(f)\tmake provisions relating to the ranking of members of SA Police within a merit pool;\n\t(g)\tmake provisions relating to the appointment of members of SA Police from within a merit pool to fill prescribed promotional positions or prescribed officer positions;\n\t(h)\tmake any other provision the Commissioner considers appropriate in relation to merit pools.\n\t(4)\tThe Commissioner must cause the members of SA Police within a merit pool to be ranked in order of merit.\n49—Grievance process and right of review—merit pools\n\t(1)\tA prescribed member of SA Police may apply to the Police Review Tribunal for a review of—\n\t(a)\ta decision to refuse to include or reinstate the prescribed member in a merit pool; or\n\t(b)\ta decision to remove the prescribed member from a merit pool,\n(being in each case a merit pool relating to a prescribed promotional position or positions).\n\t(2)\tHowever, a prescribed member may not make an application under this regulation unless—\n\t(a)\tthe prescribed member has first applied to have their grievance dealt with in accordance with a process determined by the Commissioner; and\n\t(b)\tthat process has been completed.\n\t(3)\tThe Commissioner must give written notice to the prescribed member of the Commissioner's decision on their grievance under subregulation (2) within 28 days after receipt of the application (or within such longer period as may be agreed between the applicant and the Commissioner).\n\t(4)\tAn application to the Police Review Tribunal for review of a decision—\n\t(a)\tmust be made to the Secretary to the Police Review Tribunal within 7 days after the applicant receives written notice of the Commissioner's decision on their grievance under subregulation (2) (or such longer period as the Secretary may allow); and\n\t(b)\tmust otherwise be made in a manner and form determined by the Secretary of the Police Review Tribunal.\n\t(5)\tAn applicant to the Police Review Tribunal, or a member of SA Police summoned to appear before the Police Review Tribunal, must be granted such paid leave of absence as may be necessary to enable their appearance before the Police Review Tribunal for the purposes of the relevant proceedings.\n\t(6)\tOn an application for a review under this regulation, the Police Review Tribunal may do one or more of the following:\n\t(a)\tconfirm the decision;\n\t(b)\tquash the decision;\n\t(c)\tremit the matter to the original decision maker for further consideration and redetermination.\n\t(7)\tThe Police Review Tribunal must hear and determine an application under this regulation within 28 days after it receives the application.\n\t(8)\tTo avoid doubt—\n\t(a)\tdecisions relating to the establishment or number of merit pools, the nature of a merit pool (including the size of a merit pool), the ranking of members within a merit pool or the selection or appointment of a member from within a merit pool to fill a position are not reviewable under this regulation; and\n\t(b)\tthe commencement of proceedings for review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision.\n\t(9)\tIn this regulation—\nprescribed member of SA Police means—\n\t(a)\ta member of SA Police who is an unsuccessful applicant for inclusion or reinstatement in a merit pool; or\n\t(b)\ta member of SA Police who is, or who was at the relevant time, a member of a merit pool.\n49A—Selection processes—prescribed promotional and prescribed officer positions\n\t(1)\tFor the purposes of section 54 of the Act, the selection process for an appointment to a prescribed promotional position is to consist of—\n\t(a)\tin the case of prescribed promotional position to be filled by appointment from within a merit pool—the selection, in accordance with any relevant general order, special order or guideline made or given by the Commissioner, of a suitable member of SA Police from within the merit pool to fill the position; or\n\t(b)\tin any other case—the selection process set out in regulation 49B.\n\t(2)\tThe selection process for an appointment to a prescribed officer position is to consist of—\n\t(a)\tin the case of prescribed officer position to be filled by appointment from within a merit pool—the selection, in accordance with any relevant general order, special order or guideline made or given by the Commissioner, of a suitable member of SA Police from within the merit pool to fill the position; or\n\t(b)\tin any other case—the selection process set out in regulation 49B.\n\t(3)\tThe Commissioner may, in the Commissioner's absolute discretion, determine whether a particular prescribed promotional position or prescribed officer position is to be filled by appointment from within a merit pool or on individual application and the selection process set out in regulation 49B.\n\t(4)\tHowever, in the case where a merit pool has been established to fill prescribed promotional positions or prescribed officer positions of a particular kind, the Commissioner must, unless it is not reasonably practicable to do so, fill a particular prescribed promotional position or prescribed officer position of that kind by appointment from within the merit pool.\n\t(5)\tTo avoid doubt, the right of review set out in section 55 of the Act does not apply in relation to a decision to appoint a particular member of SA Police from within a merit pool to a fill a position.\nNote—\nA decision to appoint a particular member from within a merit pool to fill a position is not a selection process as contemplated by section 55 of the Act—see the definition of selection processes in section 3 of the Act.\nRights of review in relation to merit pools are instead set out in regulation 49.\n49B—Selection process for certain positions not filled from within merit pools\n\t(1)\tThis regulation applies to—\n\t(a)\ta prescribed promotional position; and\n\t(b)\ta prescribed officer position,\n(not being a position that is to be filled by appointment from within a merit pool in accordance with regulation 49A(1)(a) or (2)(a)).\n\t(2)\tThe Commissioner must cause a position to which this regulation applies to be advertised in either or both of the following ways:\n\t(a)\tby publishing a notice in the Police Gazette calling for applicants (except in the case of an appointment under section 23 of the Act);\n\t(b)\tby advertising the position in such other manner as may be determined by the Commissioner.\n\t(3)\tThe Commissioner may appoint an advisory committee of at least 3 persons, 1 of whom may be the Commissioner, to assist in determining the suitability of applicants to fill the position.\n\t(4)\tIf the Commissioner is a member of the committee, the Commissioner will determine, with the advice and assistance of the other members of the committee, which applicant is the most suitable on merit (or, if appropriate, that there is no suitable applicant).\n\t(5)\tIf the Commissioner is not a member of the committee, the committee must determine which applicant is, in the opinion of the committee, the most suitable on merit (or that there is no suitable applicant) and advise the Commissioner in writing accordingly.\n\t(6)\tAn applicant may be required to take part in or submit to an interview, test, medical or psychological assessment, training course or other assessment procedure.\n\t(7)\tA member of SA Police must, at the request of an advisory committee, appear before or produce to the committee any record, document or other information to which the member has access and that the committee needs in connection with its determination.\n49C—Period of appointment\n\t(1)\tThe Commissioner may, in relation to a prescribed promotional position or prescribed officer position, specify that any or all of the following periods of appointment apply to the position:\n\t(a)\ta specified period of appointment;\n\t(b)\ta minimum period of appointment;\n\t(c)\ta maximum period of appointment.\n\t(2)\tA specified period may be varied at the discretion of the Commissioner.\n\t(3)\tA specified minimum period may be reduced, and a specified maximum period may be increased, at the discretion of the Commissioner.\n\t(4)\tIf a minimum period of appointment is specified in respect of a position, a person appointed to the position is not, except at the discretion of the Commissioner, eligible for appointment to another position in SA Police of the same or a lower rank until the minimum period has expired.\n49D—Notice of requirement or qualifications for appointment\nThe Commissioner must cause notice of any general order, special order or guideline made by the Commissioner that concerns the requirements or qualifications for appointment to a position of or above the rank of senior constable to be given in the Police Gazette, or in such other manner as may be approved by the Commissioner, as soon as is reasonably practicable after it is made.\n49E—Review of Part\n\t(1)\tThe Minister must cause a review of the operation of this Part to be conducted and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe review and the report must be completed before the fourth anniversary of the commencement of this Part.\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.\n","sortOrder":10},{"sectionNumber":"Part 10","sectionType":"part","heading":"Grievance process and review","content":"Part 10—Grievance process and review\n51—Unsatisfactory performance review panel\nIf it is proposed that action be taken under section 46 of the Act against a member of SA Police on the grounds of unsatisfactory performance, the panel of persons required under subsection (5)(c) of that section—\n\t(a)\twill consist of 3 persons appointed by the Commissioner, at least 1 of whom must be a member of SA Police currently employed in a human resource management or development area of SA Police; and\n\t(b)\tmust be chaired by a person specified by the Commissioner; and\n\t(c)\tmust make its decision by majority vote; and\n\t(d)\tmust notify its decision to the Commissioner in writing as soon as practicable after the panel is appointed by the Commissioner; and\n\t(e)\tsubject to this regulation, may determine its own procedures.\n52—Grievance process for section 47 transfer\n\t(1)\tA member of SA Police who is transferred to another position under section 47 of the Act and is aggrieved by the transfer may apply to the Commissioner to have his or her grievance dealt with.\n\t(2)\tAn application under this regulation—\n\t(a)\tmust be in writing in a form approved by the Commissioner; and\n\t(b)\tmust identify the transfer giving rise to the grievance; and\n\t(c)\tmust set out the grounds of the grievance; and\n\t(d)\tmust be delivered to the Commissioner's office within 14 days after the member is notified in writing of his or her transfer under section 47.\n\t(3)\tThe Commissioner must give written notice to the applicant of the Commissioner's decision on the grievance application.\n53—Grievance process for selection decision\n\t(1)\tA member of SA Police or police security officer (as the case requires) who is aggrieved by a selection decision notified in the Police Gazette under section 55 of the Act may apply to the Commissioner to have his or her grievance dealt with.\n\t(2)\tAn application under this regulation—\n\t(a)\tmust be in writing in a form approved by the Commissioner; and\n\t(b)\tmust identify the decision giving rise to the grievance; and\n\t(c)\tmust set out the grounds of the grievance; and\n\t(d)\tmust be delivered to the Commissioner's office within 14 days after the selection decision is notified in the Police Gazette.\n\t(3)\tOn an application under this regulation, the Commissioner may—\n\t(a)\tconfirm the selection decision;\n\t(b)\tquash the selection decision;\n\t(c)\torder that the selection processes be recommenced from the beginning or some later stage specified by the Commissioner.\n\t(4)\tThe Commissioner must give written notice to the applicant of the Commissioner's decision on the grievance application within 28 days after receipt of the application (or within such longer period as may be agreed between the applicant and the Commissioner).\n54—Applications to SAET or Police Review Tribunal—time and procedures\n\t(1)\tAn application to SAET under section 48 of the Act by a member (or former member) of SA Police, or police security officer (or former police security officer), (as the case requires) for a review of a decision to terminate the member's appointment must be made within 28 days after the member or former member receives written notice of the relevant decision.\n\t(2)\tAn application to SAET under section 52 of the Act by a member of SA Police or police security officer for a review of a decision to transfer the member or officer to another position must be made within 14 days after the member or officer receives written notice of the decision.\n\t(3)\tAn application to the Police Review Tribunal under section 55 of the Act by a member of SA Police or police security officer for a review of a selection decision must be made within 7 days after the member or officer receives written notice of the decision made on his or her grievance application in respect of the selection decision.\n\t(4)\tAn application to the Police Review Tribunal for a review—\n\t(a)\tmust be—\n\t(i)\tin a form approved by the Secretary to the Tribunal; and\n\t(ii)\ttypewritten or printed; and\n\t(iii)\tin triplicate; and\n\t(b)\tmust identify the decision to be reviewed; and\n\t(c)\tmust set out the grounds for review; and\n\t(d)\tmust specify the relief sought on review; and\n\t(e)\tmust state whether or not the applicant requires any person to be summoned to appear before the Tribunal, or to produce any document, object or material; and\n\t(f)\tmust be accompanied by a copy of the selection decision to which the application relates.\n\t(5)\tAn applicant to SAET or the Police Review Tribunal, or a member of SA Police or police security officer summoned to appear before SAET or the Police Review Tribunal, under the Act must be granted the necessary leave of absence to enable appearance before the Tribunal for the purposes of the relevant proceedings.\n\t(6)\tThe Police Review Tribunal must hear and determine an application for review of a selection decision under section 55 of the Act within 28 days after receipt by the Tribunal of the application.\n","sortOrder":11},{"sectionNumber":"Part 11","sectionType":"part","heading":"History of employees","content":"Part 11—History of employees\n55—Duty to keep history\n\t(1)\tThe Commissioner must cause a history to be kept of the conduct and service of every employee.\n\t(2)\tThe history of each employee must include the following particulars:\n\t(a)\tfull name, identification number, personal description, marital status and next of kin;\n\t(b)\teducational, trade or professional qualifications gained, and special training completed, before or after joining SA Police;\n\t(c)\tappointments, promotions and transfers;\n\t(d)\twar service, military distinctions and other distinctions;\n\t(e)\tentries, as directed by the Commissioner in each case, of meritorious conduct and other matters favourable to the employee;\n\t(f)\tpunishments imposed by the Commissioner (unless the Commissioner directs the punishment is not to be recorded);\n\t(g)\tsuch particulars of any penalty imposed on the employee in a court of law as the Commissioner directs;\n\t(h)\tleave granted or taken;\n\t(i)\tany other particulars required by or under the Act or these regulations or directed from time to time by the Commissioner.\n\t(3)\tThe history of each employee must be maintained in the manner and place directed by the Commissioner.\n56—Removal of entry relating to punishment or penalty\n\t(1)\tIf—\n\t(a)\tthere is an entry recording a punishment or penalty in the history of an employee; and\n\t(b)\tnot less than 5 years have elapsed since the entry was made; and\n\t(c)\tno further entry recording a punishment or penalty has since been made,\nthe employee may apply to the Commissioner in writing to have the entry, and any previous entry recording a punishment or penalty, removed from the employee's history.\n\t(2)\tOn receipt of such an application, the Commissioner—\n\t(a)\tmay, if he or she thinks fit, order that the entry or any previous such entry be removed; and\n\t(b)\tmust in any event advise the employee of the Commissioner's response to the application.\n57—Access of employee to history\nAn employee—\n\t(a)\tmust be given access to his or her history in accordance with procedures approved by the Commissioner; and\n\t(b)\tmust, on application, be supplied with a copy of the history.\n58—Record of commendation of employee\n\t(1)\tIf an employee displays unusual moral or physical courage or shows exceptional tact, skill or ability, the officer in charge of the employee may, if it is considered that the conduct of the employee justifies a commendation being recorded, cause a report giving full particulars to be furnished to the Commissioner.\n\t(2)\tThe Commissioner must, if satisfied (on the basis of that report or such further inquiry as the Commissioner may require) that the conduct of the employee deserves commendation, cause a record to be made in the employee's history.\n59—Certificate of service\n\t(1)\tOn ceasing to be employed under the Act, an employee will, on application to the Commissioner, be granted a certificate of service showing the employee's rank (or position), period of service and such other information as may be approved by the Commissioner.\n\t(2)\tA certificate showing the rank (or position) and period of service of a deceased employee will be supplied to the employee's next of kin on request.\n\t(3)\tThe Commissioner may, on application, issue a duplicate certificate of service if satisfied of the loss or destruction of the original certificate.\n","sortOrder":12},{"sectionNumber":"Part 12","sectionType":"part","heading":"Leave of absence","content":"Part 12—Leave of absence\n60—Interpretation\nA reference in this Part to an employee, an officer or a member of SA Police does not include—\n\t(a)\tthe Commissioner or Deputy Commissioner; or\n\t(b)\tan Assistant Commissioner appointed after the commencement of the Police (Contract Appointments) Amendment Act 1996 (19 December 1996); or\n\t(c)\ta person appointed under section 23 of the Act; or\n\t(d)\ta community constable.\n61—Recreation and sick leave for officers\nAn officer is entitled to the rest days and recreation and sick leave that other members of SA Police are entitled to under these regulations or the Police Officers' Award.\n62—Special sick leave for war service disabilities\n\t(1)\tThe Commissioner may grant a member of SA Police who provides evidence that he or she is absent from duty because of a disability accepted by the Commonwealth Repatriation Commission as due to war service special sick leave with pay (not debited against sick leave credits) for a period not exceeding the special sick leave standing to the credit of that member under this regulation.\n\t(2)\tThe special sick leave standing to the credit of a member of SA Police absent due to a disability arising from war service is as follows:\n\t(a)\ta non‑accumulative credit of 45 working days credited on 1 July 1955 or on appointment as a member of SA Police (whichever is the later); plus\n\t(b)\ta cumulative credit of 15 working days credited on 1 July 1964, or on appointment as a member of SA Police (whichever is the later) and on the anniversary of that date in each succeeding year to a maximum accumulation of 45 working days at any 1 time under this paragraph,\nless the number of working days of leave that have been taken by the officer under this regulation or a corresponding provision of the previous regulations, debited in accordance with subregulation (3).\n\t(3)\tThe special sick leave standing to the credit of a member of SA Police under subregulation (2)(b)—\n\t(a)\tmay only be taken after the special sick leave standing to the member's credit under subregulation (2)(a) has been exhausted; and\n\t(b)\tre‑accumulates in accordance with subregulation (2)(b) if taken, but not so as to exceed the specified maximum accumulation.\n\t(4)\tSpecial sick leave granted under this regulation is in addition to any other leave to which a member of SA Police may be entitled.\n63—Compassionate leave\n\t(1)\tThe Commissioner may grant leave to an employee on the death of a person closely related to the employee.\n\t(2)\tLeave granted under subregulation (1)—\n\t(a)\tmay only be granted for a period between notification of the death by the employee and the end of the day of the funeral of the person who has died; and\n\t(b)\tmust be without reduction in pay where the leave granted does not exceed the number of hours ordinarily worked by the employee in 3 working days.\n\t(3)\tAn employee must, for the purposes of this regulation, provide proof to the satisfaction of the Commissioner of the death of the related person.\n\t(4)\tFor the purposes of this regulation—\nperson closely related to the employee means a person determined by the Commissioner to be closely related (whether by blood, marriage or otherwise) to the employee.\n64—Other special leave\n\t(1)\tThe Commissioner may grant special leave to an employee if in the opinion of the Commissioner the grant of the leave is justified by special circumstances.\n\t(2)\tSpecial leave under this regulation may be granted—\n\t(a)\ton full pay, reduced pay or without pay; and\n\t(b)\ton such other conditions,\nas the Commissioner thinks fit.\n\t(3)\tThe Commissioner may approve a maximum period for which special leave on full pay may be granted in any financial year and, if such a maximum has been approved, no special leave on full pay may be granted to an employee in a financial year in excess of that maximum.\n\t(4)\tDespite subregulation (3), the Commissioner may—\n\t(a)\tgrant special leave on reduced pay for a proportionately longer period than that approved under subregulation (3); or\n\t(b)\tgrant special leave on full or reduced pay to an employee for a longer period than that approved under subregulation (3) to enable the employee to undertake a training course or an attachment to another organisation.\n\t(5)\tWhere special leave is granted without pay, the Commissioner may order that the whole or any part of the leave be counted as service.\n65—Leave for service in armed forces\n\t(1)\tThe Commissioner may grant leave to an employee who serves in the armed forces of the Commonwealth to enable the employee to undertake the training or duties required by that service.\n\t(2)\tLeave will be granted for the periods and on the terms and conditions as to pay or otherwise that are approved by the Commissioner.\n66—Leave bank\nThe Commissioner may make and carry out an arrangement with employees under which employees forego part of their annual recreation leave in return for the grant of additional sick leave.\n","sortOrder":13},{"sectionNumber":"Part 13","sectionType":"part","heading":"Property in custody of SA Police","content":"Part 13—Property in custody of SA Police\n67—Application of Part\n\t(1)\tSubject to subregulation (2), this Part applies subject to any other Act or regulation.\n\t(2)\tDespite subregulation (1), the Unclaimed Goods Act 1987 does not apply to the sale, destruction or other disposal of property under this Part.\n68—Interpretation\n\t(1)\tIn this Part, unless the contrary intention appears—\nfound property means any personal property that has been lost and whose owner is unknown at the time at which it is found;\nlegal proceedings includes a coronial inquiry;\nmoney includes a negotiable instrument;\nowner, in relation to property, means the person who is entitled to possession of the property;\nprescribed account means an ADI (authorised deposit‑taking institution) account maintained for the purpose of holding money that is in the custody of SA Police or the proceeds of the sale of other property that is in the custody of SA Police;\nproperty means—\n\t(a)\tfound property; and\n\t(b)\tthe personal effects of deceased persons; and\n\t(c)\tproperty that is seized or otherwise taken into the custody of a member of SA Police for investigatory or evidentiary purposes;\nunclaimed property means property that has been in the custody of SA Police for the period of at least 2 months and in relation to which—\n\t(a)\tthere is no person who appears, to the satisfaction of the Commissioner, to be the owner of the property; or\n\t(b)\tthere is such a person but that person has not been located after reasonable inquiry; or\n\t(c)\tthere is such a person but that person has not exercised his or her right to recover the property,\nbut does not include found property unless, in addition—\n\t(d)\tthe finder has not exercised his or her right to claim the property within 42 days from the time at which he or she delivered the property to SA Police; or\n\t(e)\tthe finder has relinquished his or her claim to the property.\n\t(2)\tFor the purposes of this Part, a reference to a member of SA Police will be taken to include a reference to a police security officer.\n69—Custody of property\n\t(1)\tThe Commissioner must ensure the safety and security of property in the custody of SA Police.\n\t(2)\tIf a member of SA Police receives, seizes or otherwise takes custody of property, the member (or where 2 or more members are performing duty together, the senior member) must cause—\n\t(a)\ta record of the property to be made in the manner approved by the Commissioner; and\n\t(b)\tsubject to this Part, the property to be kept in the manner and place approved by the Commissioner; and\n\t(c)\ta receipt to be issued, as soon as is reasonably practicable and in the manner approved by the Commissioner, to the person from whom the property was received, seized or otherwise obtained.\n\t(3)\tA member of SA Police must not use property that is in the custody of SA Police for purposes other than—\n\t(a)\tthose for which it was received, seized or otherwise taken; or\n\t(b)\tpurposes authorised under these regulations.\n70—Money\n\t(1)\tMoney that is in the custody of SA Police must, unless it is required in specie for evidentiary purposes in legal proceedings or to assist in the identification of its owner, be paid into a prescribed account in accordance with general or special orders.\n\t(2)\tIf the money is not in Australian currency, it must be converted to Australian currency for retention in the account.\n\t(3)\tOn payment of money into a prescribed account—\n\t(a)\tthe amount in Australian currency paid into the account; and\n\t(b)\texcept where found money is later returned to the finder or a court otherwise orders, any interest earned on the amount,\nis to be taken to constitute the relevant money for the purposes of the disposal of property in accordance with these regulations.\n71—Investigation of ownership\nThe Commissioner must cause all reasonable efforts to be made to determine and locate the owner of property that is in the custody of SA Police.\n72—Disposal of property\n\t(1)\tSubject to any order of a court, property that is in the custody of SA Police for investigatory or evidentiary purposes must not be released or disposed of by SA Police except—\n\t(a)\tfor scientific analysis, use as an exhibit or other use in connection with legal proceedings or official investigations; or\n\t(b)\tin accordance with subregulation (2), when the Commissioner is satisfied that the property is no longer required for use in connection with any legal proceedings or official investigations.\n\t(2)\tSubject to subregulation (1) property that is in the custody of SA Police must be disposed of as follows:\n\t(a)\tif a court makes an order for the disposal of the property—the property must be disposed of in accordance with that order;\n\t(b)\tif proceedings to determine the ownership of the property have commenced—the property must be retained by SA Police until those proceedings have been completed or discontinued;\n\t(c)\tsubject to paragraphs (a) and (b)—\n\t(i)\tif there is a person who appears, to the satisfaction of the Commissioner, to be the owner, the property must be returned to that person unless he or she—\n\t(A)\tcannot be located after reasonable inquiry; or\n\t(B)\tdoes not exercise his or her right to recover the property;\n\t(ii)\tif there is no person who appears to be the owner (or if subparagraph (i)(A) or (B) applies) and the property is found property claimed by the finder within the period required by these regulations and retained by SA Police for the period required by these regulations—the property must be returned to the finder in accordance with these regulations;\n\t(iii)\tif the property is unclaimed property—it must be disposed of as unclaimed property in accordance with these regulations.\n73—Dealing with certain property\nDespite these regulations—\n\t(a)\tif property in the custody of SA Police is of such a nature that no person is lawfully entitled to it, the Commissioner must, if the property is not required by SA Police for use in connection with any legal proceedings or official investigations or for training or educational purposes, cause the property to be destroyed; and\n\t(b)\tsubject to paragraph (a)—if it appears to the Commissioner that property in the custody of SA Police whose owner is not known, cannot be located or does not exercise his or her right to recover the property—\n\t(i)\tis perishable or may rapidly depreciate in value; or\n\t(ii)\tis of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for SA Police to retain the property; or\n\t(iii)\tis an electronic device or electronic equipment capable of storing or recording information or data so that the information or data may be accessed by a person,\nthe Commissioner may cause the property to be sold, destroyed, returned to the finder (if there is a finder and he or she claims the property) or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.\n74—Property subject to court order\nIf property is in the custody of SA Police under an order of a court that requires the property to be retained until further notice, the property may be disposed of in accordance with these regulations as unclaimed property if no person becomes entitled to the property by order of a court in proceedings commenced within 3 years after the making of the earlier order.\n75—Found property\n\t(1)\tFound property in the custody of SA Police—\n\t(a)\tmay be claimed by the finder no later than 42 days from the day on which he or she delivered the property to SA Police; and\n\t(b)\tmust not be returned to the finder until it has been in the custody of SA Police for a period of at least 2 months.\n\t(2)\tIf found property is returned to the finder, the finder—\n\t(a)\tdoes not obtain title to the property as against the owner or the person who lost the property until the end of 5 years from the day on which the property was returned to the finder by SA Police; and\n\t(b)\twill be taken to have agreed to—\n\t(i)\treturn the property (or, if the finder no longer has the property, pay an amount equal to its value at that time) to a person who claims the property, and proves that claim to the satisfaction of the Commissioner, within 5 years after the day on which it was returned to the finder by SA Police; and\n\t(ii)\tindemnify the Commissioner and any employee in the department in respect of any order or claim made or cost, loss, damage or expense incurred by any of them as a result of the return of the property to the finder; and\n\t(c)\tis not entitled to interest on found money.\n\t(3)\tFound property must not be returned to the finder unless he or she is first given notice in writing, in a form approved by the Commissioner, as to the operation of this regulation in relation to the finder's title to the property.\n\t(4)\tAn agreement under subregulation (2) is not void for want of consideration or for failure to comply with subregulation (3).\n\t(5)\tAn employee in the department who comes into possession of property in the course of his or her duties does not have the rights of a finder in relation to that property.\n76—Unclaimed property\n\t(1)\tThe Commissioner may cause the whole or any part of unclaimed property, other than unclaimed money, that is in the custody of SA Police to be retained for use by SA Police, or sold, destroyed or otherwise disposed of at such time and in such manner as the Commissioner thinks fit.\n\t(2)\tUnclaimed money in the custody of SA Police is to be dealt with in accordance with regulation 70.\n77—Effect, proceeds of sale\n\t(1)\tA person who buys property sold by or on the authority of the Commissioner under this Part obtains good title to that property.\n\t(2)\tThe proceeds of a sale of property under this Part must be applied as follows:\n\t(a)\tfirstly, in payment of the expenses occasioned by the sale;\n\t(b)\tsecondly, in payment of storage or other expenses incurred by SA Police in relation to the property;\n\t(c)\tthirdly, by payment of the balance into a prescribed account in accordance with general or special orders.\n78—Proceeds, unclaimed money to be paid into Consolidated Account\n\t(1)\tProceeds of sale and unclaimed money held in a prescribed account under this Part must be retained in the account for a period of 6 months, after which the principal and any interest must be paid into the Consolidated Account.\n\t(2)\tIf unclaimed money held in a prescribed account was not unclaimed money at the time it was paid into the account but subsequently became unclaimed, the 6 month period referred to in subregulation (1) commences at the time at which the money became unclaimed.\n79—Return of unclaimed property, proceeds of sale\nThe Commissioner may, at his or her discretion—\n\t(a)\tif a person who appears, to the satisfaction of the Commissioner, to be the owner of property claims the property after it has become unclaimed property but while it remains in the custody of SA Police, authorise the property to be returned to the person;\n\t(b)\tif a person who appears, to the satisfaction of the Commissioner, to have been the owner of property before it was sold under this Part claims the balance of the proceeds of the sale while the money continues to be held in a prescribed account under this Part, authorise the payment of the balance (and any interest on the balance) to the person.\n80—Commissioner may prepare instruments\nThe Commissioner may prepare and execute all instruments necessary for carrying into effect the sale, destruction or other disposal of property under this Part.\n","sortOrder":14},{"sectionNumber":"Part 14","sectionType":"part","heading":"Prisoners","content":"Part 14—Prisoners\n81—Interpretation\nIn this Part, unless the contrary intention appears—\nMetropolitan Adelaide has the same meaning as in the Development Act 1993;\nofficer in charge, in relation to a police station, means the member of SA Police who is for the time being in charge of the police station;\npolice station means a police station at which cell facilities are available for the continuous care and custody of a person accepted into custody at the police station;\nprisoner means a person accepted into custody at a police station;\nresponsible officer, in relation to a police station, means—\n\t(a)\tthe officer in charge of the police station; or\n\t(b)\tif a member of SA Police has, for the time being, been designated by the officer in charge of the police station as the officer with responsibility for prisoners at the police station—that officer.\n82—Search of prisoners\n\t(1)\tImmediately after a prisoner is accepted into custody at a police station on a charge of committing an offence, the responsible officer for the police station must cause the prisoner to be searched in accordance with these regulations and general or special orders.\n\t(2)\tA search of a prisoner must, wherever practicable, be made by a person of the same sex as the prisoner.\n\t(3)\tThe person searching a prisoner must remove from the prisoner everything that might—\n\t(a)\tassist the prisoner to escape; or\n\t(b)\tbe used to cause injury or harm to the prisoner or any other person; or\n\t(c)\tbe used to damage property.\n\t(4)\tIf a prisoner objects to the retention by SA Police of an article taken from the prisoner and the responsible officer for the police station considers that there is no valid reason for its retention, the article may be returned to the prisoner.\n83—Property taken from prisoners\n\t(1)\tIf money or other property is removed from a prisoner, the responsible officer for the police station must—\n\t(a)\tcause a written record to be made of, and a receipt issued for, the money or other property; and\n\t(b)\trequest the prisoner to check and sign the written record.\n\t(2)\tIf a prisoner is unable or refuses to sign the record referred to in subregulation (1), the responsible officer for the police station must make a note on the record of that fact and the reason for that inability or refusal.\n\t(3)\tMoney or other property removed from a prisoner must be kept and stored in the manner directed by the Commissioner.\n84—Illness or injury of prisoners\nIf it is necessary to obtain medical assistance for a prisoner at a police station who is ill or injured, the responsible officer for the police station—\n\t(a)\tmust, if practicable, cause the prisoner to be conveyed to an incorporated hospital within the meaning of the Health Care Act 2008; or\n\t(b)\tif that is not practicable, must cause the prisoner to be attended by a police medical officer or other legally qualified medical practitioner.\n85—Legal, medical and other assistance for prisoners\n\t(1)\tThe responsible officer for a police station must afford a prisoner every reasonable facility necessary—\n\t(a)\tto enable compliance with the requirements of the Bail Act 1985, the Summary Offences Act 1953, the Young Offenders Act 1993 or any other Act or law concerning persons in the custody of SA Police; and\n\t(b)\tto obtain private legal or medical advice; and\n\t(c)\tin the case of a prisoner who is a national or a citizen of a foreign country—to meet a consular officer or other person acting as a representative of the government of that country.\n\t(2)\tIf a prisoner requests that he or she be examined by a specified medical practitioner and refuses any other medical examination offered to the prisoner in accordance with these regulations—\n\t(a)\tthe responsible officer for the police station must take all reasonable steps to secure the attendance of the medical practitioner; and\n\t(b)\tthe examination must take place at a police station; and\n\t(c)\twherever practicable, the responsible officer must ensure that there is present at the examination—\n\t(i)\ta police medical officer (if the examination takes place within Metropolitan Adelaide); or\n\t(ii)\ta member of SA Police or police security officer of the same sex as the prisoner (if a police medical officer is unable to be present or the examination takes place outside Metropolitan Adelaide).\n86—Liability for payment of medical expenses\n\t(1)\tIf a medical practitioner other than a police medical officer attends a prisoner under this Part, any amount payable for that attendance that is not covered by a medical benefit scheme is payable—\n\t(a)\twhere a specified medical practitioner requested by the prisoner attends the prisoner after other treatment is offered to the prisoner in accordance with these regulations but is refused—by the prisoner;\n\t(b)\tin any other case—by the department (if the prisoner does not agree to pay the amount).\n\t(2)\tWhere these regulations specify that a prisoner is to be liable for the payment of an amount in respect of the attendance of a medical practitioner, the responsible officer must ensure that both the prisoner and the medical practitioner concerned are informed of that fact prior to any such attendance.\n87—Interviews with prisoners\nNo person may interview a prisoner in custody at a police station without the consent of the responsible officer.\n","sortOrder":15},{"sectionNumber":"Part 15","sectionType":"part","heading":"Miscellaneous","content":"Part 15—Miscellaneous\n88—Form of oath or affirmation\n\t(1)\tFor the purposes of sections 25 and 60 of the Act, the form of the oath or affirmation to be made by a member of SA Police or a special constable on appointment is as set out in Schedule 3.\n\t(2)\tAn oath or affirmation in the form specified in Schedule 3 may be made before a Justice of the Peace of this State or of another State or a Territory of the Commonwealth.\n89—Annual report\nThe Commissioner must, in his or her annual report to the Minister under section 75 of the Act, report on—\n\t(a)\tthe current state of SA Police, including its numbers, components, distribution and operational efficiency; and\n\t(b)\tthe operations of SA Police; and\n\t(c)\tthe offences reported in the State since the previous annual report; and\n\t(d)\tthe formation and closure of police stations and offices; and\n\t(e)\tany other matter relevant to SA Police and its operations on which the Commissioner wishes to report or on which the Minister requires a report.\n89A—Terrorism intelligence\n\t(1)\tIn accordance with section 74B(1) of the Act, each of the following authorities is designated as a terrorism intelligence authority:\n\t(a)\tSA Police;\n\t(b)\tthe Police Force of the Northern Territory of Australia;\n\t(c)\tVictoria Police;\n\t(d)\tthe Commissioner under the Corrections Act 1986 of Victoria.\n\t(2)\tIn accordance with section 74B(2) of the Act, information may be classified by SA Police as terrorism intelligence in accordance with the following procedures:\n\t(a)\tinformation that is being considered for classification as terrorism intelligence must be assessed by a member of SA Police in accordance with guidelines established by the Commissioner;\n\t(b)\tthe Commissioner may classify information that has been so assessed as terrorism intelligence;\n\t(c)\tthe Commissioner may not delegate the function of classifying information as terrorism intelligence except to a Deputy Commissioner or Assistant Commissioner of Police.\n\t(3)\tThe Commissioner must ensure that records are kept in relation to the use of terrorism intelligence.\n\t(4)\tThe Commissioner must ensure that records referred to in subregulation (3) would enable the following information to be determined for each period of 12 months ending on 30 June:\n\t(a)\tthe number of matters in relation to which terrorism intelligence was used during the period;\n\t(b)\tthe number of individual pieces of terrorism intelligence used in relation to each such matter;\n\t(c)\tthe relevant statutory provision for each such matter.\n\t(5)\tThe Commissioner must ensure that all relevant provisions of Department of the Premier and Cabinet Circular PC030 - Protective Security Policy Framework (or any Department of the Premier and Cabinet Circular issued in substitution for that Circular) are complied with in relation to terrorism intelligence (including in relation to the records referred to in subregulation (3)).\n\t(6)\tFor the purposes of paragraph (e) of the definition of terrorist offence in section 74B(12) of the Act, the following kinds of offences against the laws of South Australia are prescribed:\n\t(a)\tan offence against section 83CA of the Criminal Law Consolidation Act 1935;\n\t(b)\tany offence against Part 3D of the Criminal Law Consolidation Act 1935;\n\t(c)\tan offence against section 37 of the Summary Offences Act 1953.\n\t(7)\tFor the purposes of paragraph (e) of the definition of terrorist offence in section 3(1) of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed:\n\t(a)\tan offence against section 310J of the Crimes Act 1900 of New South Wales;\n\t(b)\tthe following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory:\n\t(i)\tan offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation;\n\t(ii)\tan offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation;\n\t(iii)\tan offence against section 54;\n\t(iv)\tan offence against section 55;\n\t(c)\tan offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria.\n\t(8)\tIn this regulation—\nterrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code.\n90—Remuneration on suspension, revocation of suspension\n\t(1)\tIf a person's appointment is suspended by the Commissioner under the Act and remuneration is to be provided to the person while on suspension, the Commissioner must determine the manner in which the remuneration is to be calculated.\n91—Transport costs on transfer\n\t(1)\tSubject to this regulation and any general or special order of the Commissioner, if a member of SA Police is transferred to another position in SA Police and is reasonably required to change his or her place of residence as a consequence of that transfer, the reasonable transportation costs of the member in connection with that change of residence (provided that the transportation is undertaken in a manner approved by the Commissioner) are payable by the South Australian Police Department.\n\t(2)\tSubregulation (1) does not apply to a member's transportation costs if the transfer is effected—\n\t(a)\tat the member's request; or\n\t(b)\tin consequence of fault on the part of the member,\nbut the Commissioner may order that part or all of those costs be paid by the department.\n92—Liability for loss of equipment\nAn employee to whom equipment is issued is responsible for that equipment and is liable for any loss of or damage to the equipment incurred as a result of his or her negligence.\n93—Offence for former employees in the department to use or disclose information\n\t(1)\tA person who has been an employee in the department must not, after he or she ceases to be an employee in the department, use or disclose information gained by virtue of that employment if the use or disclosure of the information would constitute an offence or breach of the Code assuming that the person were still an employee in the department.\nMaximum penalty: $1 250.\n\t(2)\tIt is a defence to a charge of an offence against subregulation (1) if the person charged proves that he or she had lawful authority or excuse to so use or disclose the information.\n","sortOrder":16},{"sectionNumber":"Part 16","sectionType":"part","heading":"Provisions enabling police security officers to perform certain additional duties","content":"Part 16—Provisions enabling police security officers to perform certain additional duties\n94—Interpretation\nIn this Part—\nadditional duties means the additional duties set out in regulation 95A.\nNote—\nThe Commissioner may impose 1 or more of those additional duties on police security officers generally, a class of police security officers of which a police security officer is a member, or a police security officer personally—see section 63M of the Act.\n95—Application of Part\n\t(1)\tThis Part applies to police security officers, a class of police security officers, or a specified police security officer or officers who are, pursuant to regulations made under section 63D(2) of the Act, able to perform additional duties.\n\t(2)\tNothing in this Part limits the Commissioner's ability to impose limitations on the powers of a police security officer to whom this Part applies under section 63O of the Act.\n\t(3)\tNothing in this Part limits or derogates from any other powers of a police security officer under the Act or any other Act or law.\n95A—Additional duties\nPursuant to section 63D(2) of the Act, a police security officer may perform the following additional duties:\n\t(a)\tguarding persons in the custody of South Australia Police;\n\t(b)\tconveying persons in the custody of South Australia Police;\n\t(c)\tconveying children under the guardianship of the Chief Executive of the Department for Child Protection;\n\t(d)\tundertaking duties at events and incidents;\n\t(e)\tundertaking Operation NOMAD duties;\n\t(f)\timplementing and maintaining traffic cordon at events and incidents;\n\t(g)\tguarding crime scenes;\n\t(h)\tconveying and guarding exhibit property;\n\t(i)\trecovering stolen and abandoned vehicles;\n\t(j)\tundertaking related duties by order of another person possessing the requisite authority.\nDivision 2—Provisions enabling police security officers to perform additional duties\n96—Power of detention of certain police security officers\nPursuant to section 63D(2) of the Act, a police security officer to whom this Part applies, without any warrant other than this Part, at any hour of the day or night, may, in the course of performing additional duties, detain any person whom the police security officer finds committing, or has reasonable cause to suspect of having committed, or being about to commit, an offence.\n97—Person detained by police security officer without warrant—how dealt with\n\t(1)\tPursuant to section 63D(2) of the Act, a person who is detained without warrant by a police security officer to whom this Part applies must, as soon as reasonably practicable, be delivered into the custody of a police officer.\n\t(2)\tPursuant to section 63D(2) of the Act, if a police officer decides not to accept custody of a person detained by a police security officer, the police security officer must ensure that the person is, if the person so requires—\n\t(a)\treturned to the place of detention; or\n\t(b)\tdelivered to another place that may be reasonably nominated by the person.\n\t(3)\tTo avoid doubt, nothing in this Division limits any other power or discretion that a police officer to whom a person is delivered under subregulation (1) has in relation to the person.\nExample—\nA police officer may, for example, give the person a formal caution, release the person without charge or decide to report the person for the relevant offence.\n\t(4)\tA police security officer may use reasonable force for the purposes of detaining a person under regulation 96.\n98—Other powers etc of police security officers\n\t(1)\tPursuant to section 63D(2) of the Act, but subject to this Part and to any limitations imposed by the Commissioner, a police security officer to whom this Part applies—\n\t(a)\thas, in the course of performing additional duties, the same powers, responsibilities and immunities as a member of SA Police; and\n\t(b)\thas, in addition to the powers, privileges, duties and responsibilities conferred or imposed by this or any other Act, all such powers, privileges, duties and responsibilities as a constable has by the common law.\n\t(2)\tA police security officer performing duties under the Act (including, to avoid doubt, additional duties contemplated by section 63D(2) of the Act) has the powers conferred by section 63N of the Act, subject to the following limitations:\n\t(a)\tthe powers may only be exercised by a police security officer who has completed such training relating to protective security duties as may be determined by the Commissioner;\n\t(b)\tthe powers may only be exercised by a police security officer who has been assessed as competent to undertake protective security duties in accordance with any determination of the Commissioner;\n\t(c)\tthe powers may only be exercised by a police security officer acting with the authority of a police officer or police security officer who may themselves exercise such powers.\nDivision 3—Miscellaneous\n99—Application of section 82A of Summary Offences Act 1953\nPursuant to section 63D of the Act, section 82A of the Summary Offences Act 1953 applies to a police security officer to whom this Part applies as if a reference in that section to a police officer were a reference to a police security officer.\n100—Form of oath or affirmation\n\t(1)\tFor the purposes of section 63G of the Act, the form of the oath or affirmation to be made by a police security officer on appointment is as set out in Schedule 3A.\n\t(2)\tAn oath or affirmation in the form specified in Schedule 3A may be made before a justice of the peace for South Australia or of another State or a Territory of the Commonwealth.\n101—Liability for loss of equipment\nA police security officer to whom equipment is issued is responsible for that equipment and is liable for any loss of or damage to the equipment incurred as a result of the police security officer's negligence.\n102—Offence for former police security officers to use or disclose information\n\t(1)\tA person who has been a protective security officer (within the meaning of the Protective Security Act 2007) or police security officer must not, after the person ceases to be a protective security officer or police security officer (as the case requires), use or disclose information gained by virtue of that appointment if the use or disclosure of the information would constitute an offence or breach of the Code assuming that the person were a police security officer.\nPenalty: $1 250.\n\t(2)\tIt is a defence to a charge of an offence against subregulation (1) if the person charged proves that they had lawful authority or excuse to so use or disclose the information.\n","sortOrder":17},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Form of oath or affirmation","content":"Schedule 3—Form of oath or affirmation\n1—Form of oath or affirmation for member of SA Police (other than a community constable)\nI, AB, do swear [or I, AB, do solemnly and truly declare and affirm] that I will well and truly serve His Majesty King Charles III and His heirs and successors according to law, as a member of South Australia Police, without favour or affection, malice or ill‑will; that to the best of my power I will cause His Majesty's peace to be kept throughout the State and prevent the commission of offences against the peace or against the laws of the State; and that I will faithfully discharge all duties imposed on me as a member of South Australia Police—[So help me God!]\n2—Form of oath or affirmation for community constable\nI, AB, do swear [or I, AB, do solemnly and truly declare and affirm] that I will well and truly serve His Majesty King Charles III and His heirs and successors according to law in the office of community constable, without favour or affection, malice or ill‑will; and that I will faithfully discharge all duties imposed on me as a community constable—[So help me God!]\n3—Form of oath or affirmation for special constable\nI, AB, do swear [or I, AB, do solemnly and truly declare and affirm] that I will well and truly serve His Majesty King Charles III and His heirs and successors according to law in the office of special constable, without favour or affection, malice or ill‑will; and that I will faithfully discharge all duties imposed on me as a special constable—[So help me God!]\n","sortOrder":18},{"sectionNumber":"Sch 3A","sectionType":"schedule","heading":"Form of oath or affirmation—police security officers","content":"Schedule 3A—Form of oath or affirmation—police security officers\n1—Form of oath or affirmation for police security officer\nI, A.B. do swear [or I, A.B. do solemnly and truly declare and affirm] that I will well and truly serve His Majesty King Charles III and His heirs and successors according to law in the office of police security officer, without favour or affection, malice or ill will; and that I will faithfully discharge all duties imposed on me as a police security officer—[So help me God!].\n","sortOrder":19},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Revocation and transitional provisions","content":"Schedule 4—Revocation and transitional provisions\n1—Revocation of Police Regulations 1999\nThe Police Regulations 1999 are revoked.\n2—Leave rights\nSubject to these regulations, existing and accruing rights in respect of leave of employees remain in full force and effect.\n3—Property currently in custody of SA Police\n\t(1)\tSubject to subclause (2), Part 13 of these regulations applies to property received, seized or otherwise taken into the custody of SA Police before or after the commencement of these regulations.\n\t(2)\tThe Police Regulations 1999 continue in force in relation to found property claimed by the finder in accordance with those regulations prior to 1 July 1999.\n4—Administrative acts\nAn administrative act under a provision of the previous regulations that substantially corresponds to a provision of these regulations will, subject to later administrative acts and these regulations, be taken to be an administrative act under the corresponding provision of these regulations.\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\nGazette 28.8.2014 p4169\n1.9.2014: r 2\nGazette 25.9.2014 p5993\n25.9.2014: r 2\nGazette 18.6.2015 p2654\n1.7.2015: r 2\nGazette 23.6.2016 p2173\n1.7.2016: r 2\nGazette 16.5.2017 p1278\n1.7.2017: r 2\nGazette 22.6.2017 p2478\n1.7.2017: r 2\nGazette 29.8.2017 p3814\n4.9.2017: r 2\nGazette 13.2.2018 p776\n26.2.2018: r 2\nGazette 21.6.2018 p2362\n1.7.2018: r 2\nGazette 21.3.2019 p930\n1.4.2019: r 2\nGazette 13.6.2019 p2016\n1.7.2019: r 2\nGazette 26.9.2019 p3368\n26.9.2019: r 2\nGazette 4.6.2020 p3061\n1.7.2020: r 2\nGazette 20.5.2021 p1422\n1.7.2021: r 2\nGazette 6.10.2022 p6293\n10.10.2022: r 2\nGazette 29.1.2026 p130\n29.1.2026: 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\nr 2\nomitted under Legislation Revision and Publication Act 2002\nr 3\n\nCode of Conduct\ndeleted by 90/2022 r 3(1)\nemployee in the department\namended by 90/2022 r 3(2)\nPt 2\n\nr 5\nvaried by 262/2017 r 4\nPts 5 and 6\ndeleted by 262/2017 r 5\nPt 7\n\nr 29\n\nr 29(1)\n\nprescribed drug\nsubstituted by 23/2019 r 4\ntest subject\namended by 90/2022 r 4\nr 29A\ninserted by 23/2019 r 5\nr 30\n\nr 30(2) and (3)\nsubstituted by 23/2019 r 6\nr 31\nsubstituted by 23/2019 r 7\nr 32\n\nr 32(1)\n(c) deleted by 23/2019 r 8(1)\n\nvaried by 23/2019 r 8(1), (2)\nr 41\n\nr 41(10a)—(10c)\ninserted by 23/2019 r 9(1)\nr 41(13)\n(c) deleted by 23/2019 r 9(2)\nPt 9\nsubstituted by 56/2021 r 4\n1.7.2021\nPt 10\n\nr 50\ndeleted by 262/2017 r 6\nr 53\n\nr 53(1)\namended by 90/2022 r 5\nr 54\n\nr 54(1)\nvaried by 49/2017 r 4(1)\n\namended by 90/2022 r 6(1)\nr 54(2)\nvaried by 49/2017 r 4(2)\n\namended by 90/2022 r 6(2), (3)\nr 54(3)\nvaried by 49/2017 r 4(3)\n\namended by 90/2022 r 6(4), (5)\nr 54(4)\nvaried by 49/2017 r 4(4), (5)\nr 54(5)\nsubstituted by 49/2017 r 4(6)\n\namended by 90/2022 r 6(6)\nr 54(6)\nvaried by 49/2017 r 4(7)\nPt 13\n\nr 68\n\nr 68(1)\nr 68 redesignated as r 68(1) by 90/2022 r 7\nr 68(2)\ninserted by 90/2022 r 7\nPt 14\n\nr 85\n\nr 85(2)\namended by 90/2022 r 8\nPt 15\n\nr 89A\ninserted by 40/2018 r 4\n26.2.2018\nr 89A(1)\nsubstituted by 214/2019 r 4(1)\nr 89A(6)\nvaried by 214/2019 r 4(2)\nr 89A(7) and (8)\ninserted by 214/2019 r 4(3)\nr 90\n\nr 90(2)\ndeleted by 262/2017 r 7\nPt 16\ninserted by 90/2022 r 9\nr 94\n\nadditional duties\nsubstituted by 7/2026 r 3\nr 95\n\nr 95(4)\ndeleted by 7/2026 r 4\nr 95A\ninserted by 7/2026 r 5\nr 96\nheading amended by 7/2026 r 6(1)\n\namended by 7/2026 r 6(2)\nr 97\nheading amended by 7/2026 r 7(1)\nr 97(1)\namended by 7/2026 r 7(2)\nr 97(2)\namended by 7/2026 r 7(3), (4)\nr 97(3)\namended by 7/2026 r 7(5)\nr 97(4)\nsubstituted by 7/2026 r 7(6)\nr 97(5)\ndeleted by 7/2026 r 7(6)\nr 98\nheading amended by 7/2026 r 8(1) \nr 98(1)\nr 98 redesignated as r 98(1) by 7/2026 r 8(2) \nr 98(2)\ninserted by 7/2026 r 8(2) \nSch 1\nsubstituted by 96/2015 r 4\n1.7.2015\n\nsubstituted by 66/2016 r 4\n1.7.2016\n\nsubstituted by 180/2017 r 4\n\nsubstituted by 133/2018 r 4\n1.7.2018\n\nsubstituted by 130/2019 r 4\n1.7.2019\n\ndeleted by 191/2020 r 4\n1.7.2020\nSch 2\ndeleted by 262/2017 r 8\nSch 3\n\nForm 1\nsubstituted by 246/2014 r 4\n\namended by 7/2026 r 9(1), (2)\nForm 2\namended by 7/2026 r 9(3), (4)\nForm 3\namended by 7/2026 r 9(5), (6)\nSch 3A\ninserted by 90/2022 r 10\nHistorical versions\n\n1.7.2015\n\n1.7.2016\n\n26.2.2018\n\n1.7.2018\n\n1.7.2019\n\n1.7.2020\n\n1.7.2021\n\n","sortOrder":20}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have been extended and amended since their original issue to add new subject matter and to adjust procedures. Notable scope changes recorded in the instrument itself include: insertion of a Part dealing with police security officers and their additional duties (Part 16 inserted by 90/2022 r 9, 10.10.2022) and later amendments to that Part expanding or specifying additional duties (r 95A inserted by 7/2026 r 5, 29.1.2026; see regs 95A, 96–98). The drug and alcohol testing regime was updated (substitutions and insertions noted for regs 29, 29A, 30 and 31 by 23/2019, effective 1.4.2019), and Part 9 on promotions was substituted by 56/2021 (effective 1.7.2021) to change merit‑pool and selection arrangements (regs 48–49A). These amendments change both coverage (adding police security officers' powers and terrorism intelligence reporting at reg 89A) and procedural detail (testing, merit‑pool rules), so the present instrument covers a broader set of operational activities than the original regulations did."},"complexity_factors":["Length and scope: many discrete subject areas across organisational, operational and evidentiary rules (multiple Parts including 7, 9, 13, 16).","Detailed technical procedures for testing and evidence: step‑by‑step oral fluid, urine and blood sampling, sealing, certification and laboratory analysis, with strict time limits (Part 7: regs 31–35, 36–41).","High degree of delegated discretion: broad powers for the Commissioner to approve standards, forms, training and to determine merit‑pool rules and appointments (reg 30; reg 48(3); reg 49A(3)).","Multiple review and grievance pathways with tight procedural timelines and form requirements (Part 9 regs 49–49A; Part 10 regs 52–54), creating procedural complexity for affected members.","Interwoven administrative and evidentiary presumptions: certificates from authorised members and analysts are presumptive evidence, limiting admissible rebuttal and requiring technical counter‑evidence (reg 41).","Cross‑references and external bodies: reliance on Forensic Science SA, references to other Acts and to Department Circulars (reg 35; reg 89A(5)), increasing coordination complexity.","Operational constraints and recordkeeping: mandatory sample retention periods and specific handling/storage requirements (reg 35(6); regs 69–79).","Recent incremental amendments introducing new powers and duties (Part 16 additions and 2026 variations), which layer on existing provisions and require administrative change (Legislative history entries)."],"plain_english_summary":"### What these regulations do, in plain terms\n\nThese regulations set out detailed rules for how South Australia Police (SA Police) operate in a number of areas. They are subordinate rules made under the Police Act 1998 and cover organisation (ranks and seniority), recruitment and promotion, duties, drug and alcohol testing, transfers and leave, custody and disposal of property, treatment of prisoners, records and reporting, and a set of rules that let certain police security officers carry out extra duties.\n\nKey mechanical changes and how the rules work\n\n- Ranks and command: The regulations list ranks in order and spell out who is senior when two or more members are on duty together, and how orders must be followed (regs 4–7). The Commissioner can direct who is responsible for particular duties (reg 6(3)).\n\n- Recruitment and promotion: The Commissioner controls application processes and standards for initial appointment (reg 8). For promotions the Commissioner may establish \"merit pools\" and set rules for selection, advertising and advisory committees; limited review rights exist for members about inclusion in or removal from merit pools or selection decisions (regs 48–49A, 49B). The Commissioner retains broad discretion about whether to fill positions from inside a merit pool or by open selection (reg 49A(3)–(4)).\n\n- Transfers and temporary appointments: The Commissioner can transfer members to higher or lower ranked positions, often for up to two years and sometimes preserving rank and seniority while a member occupies a lower-ranked post (regs 44–45).\n\n- Duties and standards: Every member must actively uphold the law and ensure subordinates perform properly (reg 10). The Commissioner may approve standards, training and forms used across many processes (reg 30(1)).\n\n- Drug and alcohol testing: There is a detailed procedure for screening and laboratory analysis of oral fluid, urine and blood samples from police employees and certain applicants (Part 7: regs 29–35). Timelines and choice of sample are specified (for example, tests must be started within 8 hours of coming off duty or a critical incident, reg 31(1)). Breath testing procedure and evidence rules for breath-device readings are specified, including the right to request a voluntary blood test kit and timelines for that blood draw (regs 36–41, 39–40). Forensic Science SA performs the official analyses and must hold samples for at least 6 months (reg 35).\n\n- Evidence presumptions: Certificates from authorised members and from forensic analysts are treated as presumptive proof of results for internal disciplinary and legal processes unless rebutted by compliant blood analysis or other specified evidence (reg 41(1)–(2) and following).\n\n- Custody, disposal and sale of property: The Commissioner is responsible for safekeeping property in police custody, must try to find owners, and may sell, return, destroy or otherwise dispose of property following specified procedures; proceeds and unclaimed money must be handled through prescribed accounts and after six months be paid into the Consolidated Account (Part 13: regs 67–80).\n\n- Prisoner care and related procedures: Regulations set search practices, recording and storage of property taken from prisoners, medical treatment responsibilities and the duties of the responsible officer at a police station (Part 14: regs 81–87).\n\n- Police security officers' additional duties: The regulations (Part 16) list specific additional duties that certain police security officers may perform (for example, guarding and conveying persons in custody, guarding crime scenes, implementing traffic cordons) and give them specified powers of detention and other powers while performing those duties (regs 95A, 96–98). The Commissioner may limit or impose conditions on those powers (reg 95(2)–(3)).\n\nWho decides, who pays, and who is affected\n\n- Decision-makers and discretion: The Commissioner is the central decision‑maker. The Commissioner approves standards, training, forms and authorisations (reg 30), sets rules for merit pools and promotion procedures (reg 48(3)), directs specific duty responsibilities (reg 6(3)), and may impose limitations on police security officers (reg 95(2)). The Commissioner also controls record‑keeping and property disposition (regs 69, 72–73). Several processes allow delegated authorisation to \"authorised members\" once training and approval requirements are satisfied (reg 30(2)–(3)).\n\n- Who pays: When transfers force a change of residence, the Department pays reasonable transport costs unless the transfer is at an officer's request or due to the officer's fault (reg 91). Proceeds of sale of unclaimed property are eventually paid into the Consolidated Account after six months (reg 78). Forensic analysis is performed by Forensic Science SA (reg 35), reflecting use of public forensic services for official testing.\n\n- Who is affected: The regulations primarily govern members of SA Police, police cadets, police security officers and applicants for police positions (see definitions at reg 29 and elsewhere). Owners or finders of property dealt with by police are affected by property and found/unclaimed property rules (Part 13). Private persons who are detained, arrested or taken into custody are affected by the prisoner and search rules (Part 14). Private medical practitioners may be engaged for voluntary blood tests (reg 39).\n\nCompliance burdens, incentives and trade‑offs\n\n- Compliance burden on employees: Police members and police security officers must follow prescribed procedures for tests, searches, recordkeeping, and submissions to selection and grievance processes (for example, drug and alcohol testing procedures, Part 7: regs 31–35; grievance timelines and forms, Part 10: regs 52–54). Employees must also maintain and can access a personal history file kept by the Commissioner (regs 55–57).\n\n- Evidence and rebuttal costs: The regulations create legal presumptions in favour of breath- and test-device results and analyst certificates (reg 41). Rebutting those presumptions requires complying blood analysis procedures or other specified evidence (reg 41(2)), which can impose scientific‑testing and evidentiary costs on a person seeking to challenge a result.\n\n- Discretion and implementation risk: Many provisions grant the Commissioner wide discretion to set standards, approve forms and authorise members (reg 30; reg 48(3)). That concentration of discretionary authority shapes how rules are applied in practice and places an implementation burden on the Commissioner's office to produce clear orders, training and records. Operational rules with strict time windows (for example, the 8‑hour limit for starting tests, reg 31(1)) create logistical requirements (availability of authorised members, sample collectors, Forensic Science SA capacity).\n\n- Substitution effects: Allowing police security officers to perform additional duties (Part 16, regs 95A, 96–98) changes who performs certain security tasks. That may affect the division of labour between sworn police, police security officers and the private security sector because specified duties and powers are described for police security officers.\n\nCosts, benefits and opportunity costs (mechanics, not value judgments)\n\n- Concentrated benefits: Specific appointments, transfers and merit‑pool placements confer concentrated career benefits to individual members; the Commissioner controls selection and appointment mechanisms (regs 48, 49A, 49B).\n\n- Diffuse costs: Administrative tasks, chain‑of‑custody requirements, training and testing impose recurring operational costs on the Department (forensic analysis, recordkeeping, sample storage) and a compliance cost on employees required to undergo tests or participate in selection and grievance processes (Part 7; reg 35(6) requires sample storage for at least 6 months).\n\n- Rent‑seeking / capture risk (mechanism only): The rules vest the Commissioner with substantial procedural control (approvals, merit pool design and ranking, delegation of authorisations, regs 30, 48(3), 49A(3)). Where a single office sets eligibility, processes and standards, there is a mechanical risk that internal procedural choices will determine outcomes; the regulations provide specified grievance and review routes for some decisions (reg 49 and Part 10) but explicitly exclude review of some managerial choices such as establishing the number or nature of merit pools (reg 49(8)(a)).\n\nImplementation and operational notes to watch (practical mechanics)\n\n- Timelines and chain of custody: Drug/alcohol testing requires tests and samples to be started within set windows (eg reg 31(1), reg 36(1)), and requires sealed duplicate samples, signed certificates and delivery to Forensic Science SA (regs 32–35). These steps create clear chain‑of‑custody obligations and deadlines.\n\n- Records: The Commissioner must keep employee histories and terrorism‑intelligence records (reg 55; reg 89A(3)–(4)). Those records are tools for administration and oversight but require storage, access controls and procedural rules.\n\n- Limited external review: Some personnel decisions (eg appointment from within a merit pool) are excluded from external review under the regulations (reg 49A(5) and reg 49(8)(a)). Grievance avenues and timelines are specified where review is allowed (Part 10: regs 52–54; reg 49).\n\nPrimary sources in the regulations cited above: ranks and command (regs 4–7), recruitment and selection (regs 8–9; Part 9 regs 46–49A), drug and alcohol testing procedures and evidence (Part 7, regs 29–43, 35, 41), transfers (regs 44–45), property custody and disposal (Part 13, regs 67–80), prisoner procedures (Part 14, regs 81–87), police security officers and additional duties (Part 16, regs 95A–98), records and reporting requirements (regs 55, 89A)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2327},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations have expanded well beyond basic administrative housekeeping into complex operational and forensic domains. Originally likely focused on rank structure and discipline, the current instrument functions as a detailed operational manual covering laboratory-grade drug testing protocols (including blood sample analysis), sophisticated human resource mechanisms (merit pools and grievance tribunals), counter-terrorism intelligence sharing with interstate agencies, and the delegation of coercive police powers (detention, search) to non-sworn security officers."},"complexity_factors":["Multiple detailed interpretation sections containing defined terms (e.g., 'test subject', 'prescribed drug', 'merit pool', 'unclaimed property') that are critical to applying the rules correctly.","Extensive cross-referencing to the Police Act 1998 and other statutes (Road Traffic Act 1961, Summary Offences Act 1953, Criminal Law Consolidation Act 1935).","Highly prescriptive procedural requirements, particularly in Part 7 (Drug and Alcohol Testing), which specifies apparatus types (Securetec Drugwipe S), exact timeframes (e.g., 8-hour testing window, 4-minute urine temperature check), chain-of-custody protocols, and mandatory certificate contents.","Nested conditional logic and exceptions, such as in regulation 33 (urine testing) where multiple failure conditions trigger different consequences, or regulation 72 where property disposal depends on court orders, ownership status, and perishability.","Complex administrative frameworks, such as the merit pool system for promotions (Part 9) and multi-stage grievance processes involving internal reviews and external tribunals (Parts 9 and 10).","Overlapping jurisdictions between sworn officers and police security officers, requiring careful parsing of which powers apply to which class of employee under what conditions (Part 16)."],"plain_english_summary":"These regulations are the rulebook for running the South Australia Police (SA Police). Made under the *Police Act 1998*, they cover everything from who gives the orders to how to handle lost wallets and how to test officers for drugs.\n\n**Who it affects:** Sworn police officers (from the Commissioner down to Constables), police cadets, police security officers (specialist protective staff), job applicants, and people held in police custody.\n\n**What it does:**\n\n*   **Chain of Command:** Sets out the rank structure (Commissioner, Deputy, Assistant Commissioner, down to Constable) and establishes that the senior officer on duty is in charge, unless the Commissioner says otherwise.\n*   **Getting Hired and Promoted:** Sets standards for joining the force and creates a \"merit pool\" system—a ranked list of candidates—for filling senior jobs. It also allows the Commissioner to temporarily transfer officers to higher or lower ranks for up to two years.\n*   **Drug and Alcohol Testing:** Provides highly detailed rules for testing officers for drugs (cocaine, cannabis, heroin, methamphetamine, MDMA) and alcohol. This includes strict time limits (tests must start within 8 hours of an incident), how samples (oral fluid, urine, or blood) must be taken, sealed, and sent to Forensic Science SA, and how the results can be used as evidence.\n*   **Handling Property:** Sets out how police must deal with lost, stolen, or seized items. It distinguishes between \"found property\" (which can be returned to the finder after 2 months if unclaimed) and \"unclaimed property,\" and sets timeframes for when property can be sold or destroyed, with proceeds eventually going to the government’s Consolidated Account.\n*   **Prisoners in Custody:** Rules for searching prisoners, storing their belongings, providing medical care, and allowing access to lawyers.\n*   **Police Security Officers (PSOs):** Expands the role of PSOs (who are not full police officers) to allow them to perform additional duties such as guarding prisoners, managing traffic cordons, guarding crime scenes, and—under specific conditions—detaining people without a warrant until a police officer arrives.\n*   **Grievances and Reviews:** Creates processes for officers to challenge transfers or promotion decisions, including appeals to the Police Review Tribunal or SAET (South Australian Employment Tribunal).\n*   **Confidentiality:** Makes it an offence for former employees to disclose sensitive information gained during their employment."},"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":"Unable to assess whether the scope of the Police Regulations 2014 (SA) changed from its original intent, as the legislative text was not accessible. The provided URL returned a Page Not Found error, yielding no substantive content for analysis."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","The website restructure (March 2026) broke the hyperlink, making the document inaccessible for analysis","Complexity cannot be meaningfully assessed without the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation you've asked about — the **Police Regulations 2014 (SA)** — could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n### What we do know:\n- This is a **South Australian regulation** (subordinate legislation made under a parent Act, likely the *Police Act 1998 (SA)*)\n- Regulations of this type typically govern the **day-to-day operational rules** for SA Police, covering things like:\n  - Officer conduct and discipline\n  - Uniforms and equipment\n  - Ranks and appointments\n  - Leave and conditions of service\n\n### What to do:\nTo access the actual legislation, try:\n1. Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching for *\"Police Regulations 2014\"*\n2. Emailing the Office of Parliamentary Counsel at **OPCWeb@sa.gov.au**\n\n**No reliable legal analysis can be provided without the actual legislative text.**"}},"importantCases":[],"_links":{"self":"/api/acts/police-regulations-2014","history":"/api/acts/police-regulations-2014/history","analysis":"/api/acts/police-regulations-2014/analysis","conflicts":"/api/acts/police-regulations-2014/conflicts","importantCases":"/api/acts/police-regulations-2014/important-cases","documents":"/api/acts/police-regulations-2014/documents"}}