SAIn ForceAct
Police Act 1998
Part 8Review of certain termination, transfer and promotion decisions
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Part 8—Review of certain termination, transfer and promotion decisions
Division 1—Termination reviews
48—Right of review
(1) A member of SA Police or former member may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of a decision to terminate the member's appointment—
(a) during a period of probation; or
(b) on a ground for termination under Part 7.
(1a) A police security officer or former police security officer may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of a decision to terminate the officer's appointment (other than a termination under section 26 of the Police Complaints and Discipline Act 2016).
(2) An application for review of the decision must be made to SAET within the period prescribed by regulation.
(3) SAET may in an appropriate case dispense with the requirement that the application be made within the prescribed period.
Division 2—Transfer reviews
52—Review of certain transfers
(1) If—
(a) a decision is made to transfer a member of SA Police to another position (other than under Part 6 or section 46); and
(b) the member believes that he or she is being punished for particular conduct,
the member may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision.
(1a) If—
(a) a decision is made to transfer a police security officer; and
(b) the officer believes that the officer is being punished for particular conduct,
the officer may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision.
(2) An application for review of the decision must be made to SAET within the period prescribed by regulation.
(3) SAET may in an appropriate case dispense with the requirement that the application be made within the prescribed period.
(4) If, on an application for review of a decision under this Division, SAET is satisfied that the transfer is in the nature of a punishment, SAET may do one or more of the following:
(a) quash the decision;
(b) remit the matter to the Commissioner for reconsideration;
(c) make recommendations for settlement of the matter.