Part 10Miscellaneous

Part 10—Miscellaneous 64—Appointment and promotion procedures Members of SA Police, police cadets and police medical officers must be appointed and promoted in accordance with the procedures prescribed by the regulations. 65—Protection from liability for members of SA Police and police security officers (1) A member of SA Police or a police security officer does not incur any civil or criminal liability for an honest act or omission in the exercise or discharge, or the purported exercise or discharge, of a power, function or duty conferred or imposed by or under this Act or any other Act or law. (2) A liability that would, but for subsection (1), lie against a member of SA Police or a police security officer lies instead against the Crown. (3) A person (the injured person) who suffers injury, loss or damage as a result of the act or omission of a member of SA Police or a police security officer may not sue the member or officer personally unless— (a) it is clear from the circumstances of the case that the immunity conferred by subsection (1) does not extend to the case; or (b) the injured person brings an action in the first instance against the Crown but the Crown then disputes, in a defence filed to the action, that it is liable for the act or omission of the member or officer. (4) Where a question arises as to whether the immunity conferred by subsection (1) extends to the case and the member of SA Police or the police security officer claims to come within the immunity so conferred, the burden of proving that the act or omission was dishonest lies on the party seeking to establish the personal liability of the member or officer. (5) If a member of SA Police or a police security officer is sued personally for an act or omission in the exercise or discharge, or purported exercise or discharge, of a power, function or duty conferred or imposed by or under this Act or any other Act or law— (a) unless the Crown is alleging that the member or officer is personally liable for the act or omission—the Crown must represent the member or officer; or (b) if the Crown does not represent the member or officer and the member or officer is found by the court not to have acted dishonestly—the Crown must indemnify the member or officer for legal costs properly incurred by the member or officer (but not exceeding 80% of the Supreme Court scale of costs applying at the time the case is determined). 66—Members subject to duty in or outside State (1) A member of SA Police is, if so ordered by the Commissioner or by another member with requisite authority, liable to perform police duties in any place within or outside the State. (2) A member of SA Police, while performing duties outside the State, is required to obey orders of other members of SA Police and is liable for breaches of the Code in the same way as if he or she were performing duties within the State. 67—Divestment or suspension of powers (1) If a person ceases for any reason to be a member of SA Police or a police security officer, all powers and authorities vested in the person by or under this or another Act or any law as a member of SA Police or constable, or a police security officer, are divested from the person. (2) If a person's appointment as a member of SA Police or a police security officer is suspended, all powers and authorities vested in the person by or under this or another Act or any law as a member of SA Police or constable, or a police security officer, are suspended for the period of the suspension. (3) Unless the Commissioner otherwise authorises by instrument in writing, if a person who is a member of SA Police or a special constable, or a police security officer, is seconded to a position outside SA Police, all powers and authorities vested in the person by or under this or another Act or any law as a member of SA Police or constable, or a police security officer, are suspended for the period of secondment. (4) If the Commissioner grants leave to a member of SA Police or a police security officer for an extended period, the Commissioner may, by instrument in writing, suspend for the period of the leave all powers and authorities vested in the member by or under this or another Act or any law as a member of SA Police or constable, or a police security officer. (5) If the Commissioner grants leave to a member of SA Police or a police security officer on account of physical or mental disability or illness of the member or officer, the Commissioner may, by instrument in writing, suspend all powers and authorities vested in the member or officer by or under this or another Act or law as a member of SA Police or constable or as a police security officer. (6) An instrument in writing under subsection (5) must include reasons for the Commissioner's decision. (7) A suspension under subsection (5) remains in force until it is revoked by the Commissioner by further instrument in writing. 68—Duty to deliver up equipment etc (1) If a person's appointment is terminated or suspended under this Act, the person must immediately deliver up to the Commissioner, or to a person appointed by the Commissioner to receive property under this section, all property that belongs to the Crown and was supplied to the person for official purposes. Maximum penalty: $2 500 or six months imprisonment. (2) A justice may issue a warrant authorising the persons named or indicated in the warrant to search any place and seize any property which has not been delivered up as required by this section. 69—False statements in applications for appointment (1) A person must not make a false statement in connection with an application for appointment under this Act. Maximum penalty: $2 500 or six months imprisonment. (2) In a prosecution for an offence against subsection (1), it is not necessary for the prosecution to prove that the false statement was made wilfully or negligently, but it is a defence to prove that the defendant believed on reasonable grounds that the statement was true. (3) If a person who has contravened subsection (1) is appointed to SA Police or as a police cadet, the contravention will be taken to constitute a breach of the Code and may be dealt with as such— (a) despite the fact that the person was not a member of SA Police or a police cadet at the time of the contravention; and (b) whether or not the person is prosecuted for an offence against subsection (1). (4) If a person who has contravened subsection (1) is appointed as a police security officer, the contravention will be taken to constitute a breach of the Code and may be dealt with as such— (a) despite the fact that the person was not a police security officer at the time of the contravention; and (b) whether or not the person is prosecuted for an offence against subsection (1). 70—Suspension or revocation of suspension under Act or regulations (1) A power of the Commissioner under this Act, the Police Complaints and Discipline Act 2016 or the regulations to suspend a person's appointment, or to order such a suspension, includes power to determine, subject to the regulations, that the period of suspension will— (a) be without any remuneration and accrual of any rights; and (b) not count as service. (2) Despite subsection (1), remuneration may only be withheld under that subsection for more than 3 months if— (a) the person has been committed for trial for a serious offence; or (b) the person has been found guilty of a serious offence; or (c) the person has admitted or been found guilty of a breach of the Code in respect of which the most probable outcome is termination of the person's appointment. (3) The Commissioner may at any time revoke the suspension under this Act or the regulations of a person's appointment. (4) Subject to subsection (5), if, during a period of suspension of a person's appointment, the person resigns or retires or his or her appointment is terminated under Part 6— (a) the person will not be entitled to any remuneration or accrual of any rights in respect of the period of suspension (and any remuneration paid to him or her in respect of the period will be recoverable); and (b) the period of the suspension will not count as service. (5) The Commissioner may, if the Commissioner considers it appropriate to do so in particular circumstances, order— (a) that a person is entitled to all or part of any remuneration or accrual of rights withheld in consequence of a suspension; and (b) that all or part of the period of the suspension will count as service. (6) In this section— serious offence means an offence that is punishable by imprisonment for 2 years or more. 71—Evidence of appointment (1) Common reputation that a person is a member of SA Police, or holds a particular position or rank in SA Police, is proof of that matter in the absence of evidence to the contrary. (2) An apparently genuine document purporting to be signed by the Commissioner certifying that a specified person was at a specified time a member of SA Police, or the holder of a specified position or rank in SA Police, will be accepted as proof, in the absence of proof to the contrary, of the matter so certified. 71A—Evidence (1) An apparently genuine document purporting to be signed by the Minister certifying that— (a) a specified person was, at a specified time, a protected person; or (b) a specified place was, at a specified time, a protected place; or (c) a specified vehicle was, at a specified time, a protected vehicle, will be accepted as proof, in the absence of proof to the contrary, of the matter so certified. (2) An apparently genuine document purporting to be signed by the Commissioner certifying that a specified person was, at a specified time, a police security officer with specified powers under Part 9A will be accepted as proof, in the absence of proof to the contrary, of the matter so certified. 72—Execution of process (1) A member of SA Police must execute every process directed to the member for levying the amount of— (a) any recognisance forfeited to the Crown; (b) any fine lawfully imposed on a person. (2) Any process, order, warrant or command of a court or justice directed, delivered or given to a member of SA Police may be executed and enforced by another member of SA Police or the member's assistants. (3) The other member or assistant has all the rights, powers and authorities for and in the execution of that process, order, warrant or command as if named in the warrant as the person to whom it is directed. 73—Allowances Members of SA Police and police cadets are entitled to receive allowances in respect of such matters and at such rates as are approved from time to time by the Commissioner. 74—Impersonating police or police security officer and unlawful possession of certain property (1) A person who, without lawful excuse— (a) wears what is or appears to be a police uniform or police security officer uniform; or (b) represents himself or herself by word or conduct to be a police officer or police security officer, is guilty of an offence. Maximum penalty: $2 500 or imprisonment for six months. (2) A person who, without lawful excuse, has possession of a police uniform or police property, or a police security officer uniform or police security property, is guilty of an offence. Maximum penalty: $2 500 or imprisonment for six months. (3) This section does not prevent a person engaged in a theatrical performance or social entertainment from wearing what appears to be a police uniform or police security officer uniform in the course of, and for the purpose of, the performance or entertainment. (4) In this section— police officer means a member of SA Police or any other police service or force in Australia or any other country, and includes a police cadet; police property means property supplied, or to be supplied, to a police officer for official purposes; police security property means property supplied, or to be supplied, to a police security officer for official purposes; police security uniform means all or part of the official uniform of a police security officer; police uniform means all or part of the uniform of a police officer. 74A—Special provisions relating to criminal intelligence (1) The Commissioner must establish guidelines in relation to the assessment of information that is being considered for classification as criminal intelligence and the management of criminal intelligence. (2) The Commissioner must ensure that records are kept in relation to the use of criminal intelligence. (3) The Commissioner must ensure that records referred to in subsection (2) would enable the following information to be determined for each period in relation to which a review is conducted under this section: (a) the number of matters in relation to which criminal intelligence was used during the period; (b) the number of individual pieces of criminal intelligence used in relation to each such matter; (c) the relevant statutory provision for each such matter. (4) The Attorney‑General must, before 1 July in each year (other than the calendar year in which this section comes into operation), appoint a retired judicial officer to conduct a review on— (a) the effectiveness of the guidelines established under subsection (1); and (b) the use of criminal intelligence, during the period of 12 months preceding that 1 July. (5) The Commissioner must ensure that a person appointed to conduct a review is provided with such information as he or she may require for the purpose of conducting the review. (6) A person conducting a review has, in so doing, the powers of a commission of inquiry under the Royal Commissions Act 1917 (and any obligations under an Act to maintain the confidentiality of information do not apply with respect to the provision of such information to the person conducting the review). (7) A person conducting a review must maintain the confidentiality of criminal intelligence provided to the person. (8) A report on a review must be presented to the Attorney‑General on or before 30 September in each year. (9) The Attorney‑General must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament. (10) In this section— criminal intelligence means information classified by the Commissioner, in accordance with the provisions of any other Act, as criminal intelligence; judicial officer means a person appointed as a judge of the Supreme Court or the District Court or a person appointed as judge of another State or Territory or of the Commonwealth. 74B—Terrorism intelligence and terrorism notifications (1) The regulations may designate a law enforcement authority, or any other authority, as a terrorism intelligence authority. (2) Information may be classified by a terrorism intelligence authority as terrorism intelligence in accordance with procedures prescribed by the regulations. (3) In any proceedings before a court, the court— (a) must, on the application of a terrorism intelligence authority, take steps to maintain the confidentiality of information properly classified by the authority as terrorism intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of or relating to information so classified by the terrorism intelligence authority by way of affidavit of a police officer of or above the rank of superintendent or another person authorised by the terrorism intelligence authority. (4) A Minister may enter into an agreement with 1 or more other Australian jurisdictions for the provision, by a terrorism intelligence authority, of notifications relating to persons suspected of terrorist offences, or of supporting or otherwise being involved in terrorist offences, or of associating or being affiliated with such persons. (5) If an agreement is entered into by a Minister under subsection (4), the Minister who entered into the agreement must ensure that information relating to the agreement (including information about the criteria on which terrorism notifications will be provided by a terrorism intelligence authority) is provided, as soon as practicable, to the Crime and Public Integrity Policy Committee of the Parliament. (6) A police officer of or above the rank of inspector may, in accordance with guidelines issued by the Commissioner, provide a notification relating to persons suspected of terrorist offences, or of supporting or otherwise being involved in terrorist offences, or of associating or being affiliated with such persons. (7) If the Commissioner issues guidelines under subsection (6), the Commissioner must ensure that information relating to the guidelines (including information about the criteria on which terrorism notifications will be provided by a police officer, the manner in which such terrorism notifications will be provided and the records that are to be kept in relation to each notification) is provided, as soon as practicable, to the Crime and Public Integrity Policy Committee of the Parliament. (8) Information provided to the Crime and Public Integrity Policy Committee of the Parliament must not include any information classified as terrorism intelligence by a terrorism intelligence authority. (9) In any proceedings, a certificate apparently signed by the Commissioner certifying that, on a date specified in the certificate, a person specified in the certificate was the subject of a terrorism notification is proof, in the absence of evidence to the contrary, of the matter so certified. (10) The regulations may make other necessary or expedient provisions relating to the operations of a terrorism intelligence authority in the State including (without limitation)— (a) provisions specifying the manner in which determinations may be made by a terrorism intelligence authority for the purposes of any law of the State; (b) provisions relating to the manner in which a terrorism intelligence authority may participate in any proceedings in the State; (c) provisions relating to record keeping and reporting; (d) evidentiary provisions, and such regulations may leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of a Minister, the Commissioner or another specified person. (11) The power to make regulations under this section is in addition to any other power to make regulations under this Act. (12) In this section— Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code; terrorism intelligence means information relating to actual or suspected terrorist acts (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice investigations into such acts, to enable the discovery of the existence or identity of a confidential source of information or to endanger a person's life or physical safety; terrorism notification means a notification provided by a terrorism intelligence authority under subsection (4) or a notification provided by a police officer of or above the rank of inspector under subsection (6); terrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code; terrorist offence means— (a) an offence against Division 72 Subdivision A of the Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or (b) a terrorism offence against Part 5.3 of the Commonwealth Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or (c) an offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements); or (d) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or (e) an offence of a kind prescribed by the regulations for the purposes of this definition. 75—Annual reports by Commissioner (1) The Commissioner must, on or before 30 September in each year, deliver to the Minister a report on SA Police, police security officers and their respective operations during the period of 12 months that ended on the preceding 30 June. (2) The Commissioner must include in the report any information required under the regulations or by the Minister. (3) The Minister must cause a copy of the report to be laid before each House of Parliament within 12 sitting days after his or her receipt of the report. 76—Regulations (1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act. (2) A regulation— (a) may be of general or limited application and may vary in operation according to factors stated in the regulation; and (b) may leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or the Commissioner, either generally or in a particular case or class of cases; and (ba) may fix fees and provide for the payment, recovery, refund, waiver or reduction of such fees; and (c) may impose a penalty not exceeding $1 250 for contravention of, or non-compliance with, the regulation.