Div 3Promotion reviews

Division 3—Promotion reviews 53—Interpretation and application (1) In this Division— prescribed promotional position means— (a) in relation to positions in SA Police—a position in SA Police of or above the rank of senior constable but not above the rank of inspector; or (b) in relation to police security officers—a position as a police security officer of a kind prescribed by the regulations. (2) Nothing in this Division applies in relation to a transfer under this Act from one position in SA Police to another. (3) Nothing in this Division applies in relation to a transfer of a police security officer under this Act from 1 position to another. 54—Processes for appointment or nomination for prescribed promotional positions An appointment to a prescribed promotional position may not be made unless selection processes have been conducted in accordance with the regulations for the purpose of filling the position. 55—Right of review (1) After a selection process has been conducted in relation to a prescribed promotional position, the Commissioner must publish in the Police Gazette and in such other manner as the Commissioner considers appropriate— (a) notice of the selection decision; or (b) if no person has been selected for appointment to the position—notice of that fact. (2) Subject to subsection (3), when such a notice is given, a member of SA Police or police security officer (as the case requires) who was an unsuccessful applicant and is eligible for appointment to the position may apply to the Police Review Tribunal for a review of the selection decision. (3) A member or officer may not make an application under subsection (2) unless the person has first made application to have his or her grievance in respect of the selection decision dealt with in accordance with a process specified in the regulations and that process has been completed. (4) An application to the Tribunal for review of the decision must be made to the Secretary to the Tribunal within the period and in the manner prescribed by regulation. (5) The Tribunal may in an appropriate case dispense with the requirement that the application be made within the prescribed period. 56—Grounds for application for review (1) An application for a review of a selection decision under this Division may only be made on one or more of the following grounds: (a) that the member or officer selected is not eligible for appointment to the position; or (b) that the applicant for the review should have been selected based on a proper assessment of the respective merits of the applicants; or (c) that the selection processes leading to the decision were affected by nepotism or patronage or were otherwise not properly based on assessment of the respective merits of the applicants; or (d) that there was some other serious irregularity in the selection processes. (2) In proceedings on an application for a review of a selection decision under this Division— (a) no evidence may be given or submissions made as to the qualifications or merits of an applicant for the position other than by a party to the proceedings or representative of a party to the proceedings; and (b) no documentary material may be produced as evidence of the qualifications or merits of an applicant for the position other than material that was made available to the panel of persons who made the selection decision. 57—Determination of application (1) On an application for a review of a selection decision under this Division, the Police Review Tribunal may do one or more of the following: (a) confirm the decision; (b) quash the decision; (c) order that the applicant for the review be appointed to the position; (d) order that the selection processes be recommenced from the beginning or some other later stage specified by the Tribunal. (2) The Tribunal must hear and determine an application for a review of a selection decision under this Division within the period prescribed by regulation. 58—Determination of question of eligibility for appointment For the purposes of this Division— (a) a person is not eligible for appointment to a prescribed promotional position if the person does not have qualifications determined by the Commissioner to be essential in respect of the position; and (b) a determination by the Commissioner that specific qualifications, experience or other attributes are essential or desirable for appointment to a prescribed promotional position is binding on the Police Review Tribunal.