Part 9Special constables

Part 9—Special constables 59—Appointment of special constables (1) Subject to subsection (2), the Commissioner may appoint a person to be a special constable for the whole or a part of the State. (2) The Commissioner may only appoint a police cadet to be a special constable for the whole or a part of the State if a declaration has been made under Part 4 Division 3 of the Emergency Management Act 2004 (and the term of any such appointment will be for the period specified in the declaration under that Act and, if the period of the declaration is extended under that Act, for such further periods). (3) An appointment under this section may be made— (a) if a declaration has been made under Part 4 Division 3 of the Emergency Management Act 2004—orally; or (b) in any other case—by instrument in writing. (4) If the appointment is made orally, the Commissioner must, as soon as practicable, confirm the appointment by instrument in writing. (5) An instrument of appointment or confirming the appointment of a special constable must specify the term and conditions of the appointment, including— (a) if the appointment is for the whole of the State—that fact; and (b) in any other case—the part of the State for which the special constable is appointed. 60—Oath or affirmation by special constables A person's appointment as a special constable is rendered void if he or she does not on appointment make an oath or affirmation in the form prescribed by regulation. 61—Duties and powers of special constables (1) A special constable— (a) has any duties imposed by the Commissioner; and (b) has, while holding appointment as a special constable, the same powers, responsibilities and immunities as a member of SA Police subject to any limitation imposed by the Commissioner. (2) The Commissioner may, when appointing a special constable, impose limitations on his or her powers, responsibilities or immunities— (a) if the appointment is made orally under section 59(3)(a)—orally; or (b) if the appointment is made by instrument in writing—by the instrument of appointment. (3) If a limitation is imposed orally, the instrument confirming the appointment of the special constable under section 59(4) must specify the limitation. (4) The Commissioner may, by notice in writing to a special constable, vary or revoke a limitation imposed under this section. 62—Suspension or termination of appointment of special constables The Commissioner may, at the Commissioner's discretion, suspend or terminate the appointment of a special constable. 63—Allowances and equipment for special constables The Commissioner may— (a) pay such reasonable remuneration and allowances as the Commissioner thinks proper to a special constable or person who has been a special constable; and (b) provide such clothing, arms, and equipment for a special constable as the Commissioner thinks necessary.