Part 3Commissioner, Deputy Commissioner and Assistant Commissioners

Part 3—Commissioner, Deputy Commissioner and Assistant Commissioners 12—Appointment of Commissioner of Police The Governor may appoint a person to be the Commissioner of Police. 13—Conditions of Commissioner's appointment (1) The conditions of appointment of the Commissioner are to be subject to a contract between the Commissioner and the Premier. (2) The contract must specify— (a) that the Commissioner is appointed for a term not exceeding five years specified in the contract and is eligible for reappointment; and (b) that the Commissioner is to meet performance standards as set from time to time by the Minister (which must be consistent with the aims and requirements of this Act); and (c) that the Commissioner is entitled to remuneration and other benefits specified in the contract; and (d) the sums representing the values of the benefits (other than remuneration); and (e) the total remuneration package value under the contract. (3) The decision whether to reappoint at the end of a term of appointment must be made and notified to the Commissioner not less than three months before the end of the term. (4) The remuneration and other monetary benefits under the contract are a charge on the Consolidated Account of the State which is appropriated to the necessary extent. (5) The Minister must, on setting or varying the performance standards to be met by the Commissioner, cause a statement of the standards or variation to be laid before each House of Parliament within six sitting days if Parliament is then in session or, if not, within six sitting days after the commencement of the next session of Parliament. (6) The Minister must, on notifying a person of a decision not to reappoint the person as the Commissioner at the end of a term of appointment, cause a statement of the reasons for that decision to be laid before each House of Parliament within six sitting days if Parliament is then in session or, if not, within six sitting days after the commencement of the next session of Parliament. 14—Deputy Commissioner (1) The Governor may appoint a Deputy Commissioner of Police. (2) The Deputy Commissioner must exercise and perform such of the powers, authorities, duties and functions of the Commissioner as the Commissioner may direct (either generally or in a special case). (3) When the Commissioner is absent from duty because of illness or for any other reason, or during a vacancy in the position of the Commissioner, the Deputy Commissioner may exercise and perform all the powers, authorities, duties, and functions conferred or imposed on the Commissioner by or under this or another Act or any law. 15—Assistant Commissioners (1) The Commissioner may appoint as many Assistant Commissioners of Police as the Commissioner thinks necessary. (2) When the Deputy Commissioner is absent from duty because of illness or for any other reason, or during a vacancy in the position of the Deputy Commissioner— (a) the Assistant Commissioner nominated in writing by the Commissioner; or (b) if that Assistant Commissioner is absent from duty for any reason, the Assistant Commissioner who is the most senior Assistant Commissioner on duty at the time, may exercise and perform all the powers, authorities, duties and functions conferred or imposed on the Deputy Commissioner. 16—Conditions of appointment of Deputy and Assistant Commissioners (1) The conditions of appointment of the Deputy Commissioner or an Assistant Commissioner are to be subject to a contract between the Deputy or Assistant Commissioner and the Commissioner. (2) The contract must specify— (a) that the Deputy or Assistant Commissioner is appointed for a term not exceeding five years specified in the contract and is eligible for reappointment; and (b) that the Deputy or Assistant Commissioner is to meet performance standards as set from time to time by the Commissioner and published in the Gazette; and (c) that the Deputy or Assistant Commissioner is entitled to remuneration and other benefits specified in the contract; and (d) the sums representing the values of the benefits (other than remuneration); and (e) the total remuneration package value under the contract. (3) The decision whether to reappoint at the end of a term of appointment must be made and notified to the Deputy or Assistant Commissioner not less than three months before the end of the term. (4) If, immediately before a person was first appointed as an Assistant Commissioner, he or she held an appointment under this Act or the Act repealed by this Act (the person's former appointment), the person is, on not being reappointed at the end of a term of appointment, entitled to an appointment at the same rank as the person's former appointment. 17—Termination of appointment of Commissioner or Deputy or Assistant Commissioner (1) The appointment of the Commissioner or Deputy Commissioner may be terminated by the Governor and the appointment of an Assistant Commissioner may be terminated by the Commissioner on the ground that the Commissioner or Deputy or Assistant Commissioner— (a) has been guilty of misconduct; or (b) has been convicted of an offence punishable by imprisonment; or (c) has engaged in any remunerative employment, occupation or business outside official duties without the consent of the Minister in the case of the Commissioner or the Deputy Commissioner, or the consent of the Commissioner in the case of an Assistant Commissioner; or (d) has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (e) has, because of mental or physical incapacity, failed to carry out duties satisfactorily or to the performance standards set under the contract relating to his or her appointment; or (f) has, for any other reason, failed to carry out duties in a manner that satisfies the performance standards set under the contract relating to his or her appointment. (2) The Minister must, on terminating the appointment of the Commissioner, cause a statement of the reasons for that decision to be laid before each House of Parliament within six sitting days if Parliament is then in session or, if not, within six sitting days after the commencement of the next session of Parliament. 18—Resignation (1) The Commissioner or the Deputy Commissioner may resign by not less than three months notice in writing to the Minister (unless notice of a shorter period is accepted by the Minister). (2) An Assistant Commissioner may resign by not less than three months notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner). 19—Delegation (1) The Commissioner may, by instrument in writing, delegate any of the powers or functions conferred on, or assigned to, the Commissioner by or under this or any other Act— (a) to a particular person; or (b) to the person for the time being occupying a particular position. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be subdelegated. (3) A delegation or subdelegation under this section— (a) may be absolute or conditional; and (b) does not derogate from the power of the delegator to act personally in any matter; and (c) is revocable at will by the delegator. (4) A copy of every instrument of delegation issued by the Commissioner under this section must be retained as part of the records of SA Police.