Part 7Termination and transfer of police

Part 7—Termination and transfer of police 45—Physical or mental disability or illness (1) If the Commissioner is satisfied after due inquiry that the appointment of a member of SA Police should be terminated because of the member's incapacity to perform duties as a member by reason of physical or mental disability or illness, the Commissioner may terminate the appointment of the member. (2) The Commissioner must not terminate the appointment of a police officer under subsection (1) without first complying with— (a) if the officer is a contributor in relation to the scheme of superannuation established by the Police Superannuation Act 1990—the requirements of that Act; or (b) if the officer is a member of the Southern State Superannuation Scheme established by the Southern State Superannuation Act 1994—the requirements of that Act. (3) This section does not apply in relation to an officer appointed under Part 3. 46—Unsatisfactory performance (1) If the Commissioner is satisfied that— (a) a member of SA Police is not performing duties of his or her position satisfactorily or to applicable performance standards; and (b) it is not practicable to transfer the member to another position of the same rank with duties suited to the member's capabilities or qualifications, the Commissioner may, if it is practicable to do so, transfer the member to a position of a lower rank with duties suited to the member's capabilities or qualifications. (2) If it is not practicable to transfer the member to a position of the same or a lower rank, the Commissioner may terminate the appointment of the member. (3) This section does not apply in relation to an officer appointed under Part 3. (4) This section does not apply if a member's unsatisfactory performance is due to— (a) physical or mental disability or illness of the member; or (b) lack of necessary resources or training or other organisational factors beyond the member's control. (5) The Commissioner must not take action under this section unless— (a) the member has first been advised of his or her unsatisfactory performance and given specific details of the areas of his or her underperformance, the performance standards to be attained and the measures to be taken for improvement; and (b) the member has been allowed a period of not less than three months and not more than six months for improvement to the specified standards; and (c) a panel of persons has been convened, and has made a decision, in accordance with the regulations, confirming that the processes followed and assessments made in relation to the member and his or her underperformance conformed to the requirements of this section and were reasonable in the circumstances. 47—Power to transfer (1) The Commissioner may, without conducting selection processes, transfer a member of SA Police from the member's current position to another position (and such transfer may be for an indefinite period or for a specified term). (2) Except as authorised under the regulations, a member may not be transferred to a position of a higher rank. (3) Except as authorised under this Act or the regulations or with the member's consent, a member may not be transferred to a position of a lower rank. (4) A member of SA Police aggrieved by a transfer of that member under this section may apply to have his or her grievance dealt with in accordance with a process specified in the regulations.