Div 1Appointment and resignation

Division 1—Appointment and resignation 20—Appointment of officers The Commissioner may appoint as many commanders, superintendents, inspectors and other officers of police as the Commissioner thinks necessary. 21—Appointment of sergeants and constables The Commissioner may appoint as many sergeants and constables as the Commissioner thinks necessary. 22—Further division of ranks The ranks of officers and other members of SA Police may be further divided or consolidated under the regulations. 23—Term appointments for certain positions (1) An appointment of a person who is not a member of SA Police to a position in SA Police of or above the rank of senior constable may be made (but is not required to be made)— (a) for a term not exceeding five years specified in the instrument of appointment; and (b) on such conditions as to remuneration or any other matter as the Commissioner considers appropriate. (2) A person must not be appointed for a term under this section except— (a) where the person has special expertise that is required but not available within SA Police; or (b) in other cases of a special kind prescribed by regulation. (3) The term of an appointment under this section may not be extended so that it exceeds five years and a person may not be reappointed under this section so that the terms in aggregate exceed five years. 24—Appointment of community police (1) The Commissioner may appoint as many community constables as the Commissioner thinks necessary. (2) A community constable will be appointed for the whole of the State or an area of the State specified in the instrument of appointment. (3) The Commissioner may, by written notice to a community constable, vary the area in relation to which the appointment is effective. (4) The Commissioner may give a community constable position and its occupant a title that reflects an area limitation or other characteristic of the position, and may vary such a title. (5) Division 2 of this Part contains other special provisions relating to community police. 25—Police oath or affirmation A person's appointment as a member of SA Police (including appointment as the Commissioner, the Deputy Commissioner or an Assistant Commissioner) is rendered void if the person does not on appointment make an oath or affirmation in the form prescribed by regulation. 26—Effect of appointment and oath or affirmation (1) A person who is appointed as a member of SA Police and makes the prescribed oath or affirmation will be taken to have entered into an agreement to serve in SA Police in each position that the person may hold until he or she lawfully ceases to be a member of SA Police. (2) No such agreement is void for want of consideration. 27—Probationary appointment (1) Subject to this section, a person's appointment to a position in SA Police will be on probation for a period determined by the Commissioner not exceeding— (a) in the case of a person who, immediately before appointment, was not a member of SA Police—two years; or (b) in any other case—one year. (2) For the purposes of subsection (1), the period of probationary service of a member of SA Police does not include— (a) if the Commissioner so determines—the whole or a part of any period during which the member, while on full or reduced pay— (i) is absent from duty (other than on recreation leave); or (ii) performs duties that have been limited or varied by reason of physical or mental disability or illness of the member; or (b) except where the Commissioner determines to the contrary— (i) any period during which the member is absent from duty without pay; or (ii) any period during which the member's appointment is suspended. (3) The Commissioner may at any time during the period of probation of a member, having regard to the person's suitability for permanent appointment— (a) confirm the appointment; or (b) extend or further extend the period of the probation for such period as the Commissioner determines, but not so that the total period of probation exceeds the maximum period allowed in relation to the person under this section; or (c) terminate the appointment. (5) An appointment on probation will be taken to have been confirmed if, at the end of the period of probation, the appointment has not previously been confirmed or terminated. (6) If— (a) a person's appointment is terminated under this section; and (b) the person's appointment constituted a promotion from another position in SA Police of a lower rank, the person will, on the termination, revert to a position in SA Police approved by the Commissioner at that lower rank. (7) This section does not apply to the following appointments: (a) appointment as the Commissioner, the Deputy Commissioner or an Assistant Commissioner; (b) appointment for a term under this Division; (c) subject to subsection (8)—appointment of a member of SA Police to another position of the same rank as that held by the member immediately before the appointment to the other position; (d) appointment as a community constable. (8) If the appointment of a member of SA Police to a position is on probation and the member is, during the probationary period, appointed to another position of the same rank, the period of probation carries over to that other appointment (and the provisions of this section (other than subsection (7)(c)) apply accordingly). 28—Performance standards for officers It is a condition of appointment as an officer below the rank of Assistant Commissioner that the officer is to meet performance standards as set from time to time by the Commissioner. 29—Resignation and relinquishment of official duties (1) A member of SA Police (other than the Commissioner, the Deputy Commissioner or an Assistant Commissioner) may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner). (2) A member of SA Police (other than the Commissioner, the Deputy Commissioner or an Assistant Commissioner) must not relinquish official duties unless the member— Maximum penalty: $1 250 or three months imprisonment.