Police Complaints and Discipline Act 2016 (South Australia)

The Police Complaints and Discipline Act 2016 establishes a statutory framework for receiving, assessing, investigating and resolving complaints and reports about the conduct of “designated officers” (members of SA Police, police cadets, special constables and police security officers), and for the discipline of those officers. Mechanically the Act does the following (source references in brackets):

Creates a dedicated Internal Investigation Section (IIS) inside SA Police to carry out the investigations required by the Act and to report to the Commissioner (s 5).
Requires the Commissioner to operate a complaint management system that records complaints, assessments, investigations and resolutions and to provide direct, unrestricted access to the system to the Independent Commission Against Corruption (ICAC) and the Office for Public Integrity (OPI) (s 6).
Authorises the Governor to make codes of conduct for designated officers and police security officers setting out professional standards and matters such as public comment, use of resources and drug and alcohol testing (s 7).
Sets out routes for a person (including persons in custody) to make complaints orally or in writing, and duties on staff to reduce oral complaints to writing and to assist persons in custody (ss 10-11).
Imposes mandatory reporting duties on designated officers who reasonably suspect corruption, misconduct or maladministration in public administration by another designated officer, including the timing and form of reports (s 12).
Establishes an assessment regime in IIS to classify matters as potential corruption (for possible ICAC action), misconduct/maladministration, or other matters potentially referred to OPI, with specific exceptions where assessment need not occur (s 14).

South Australia Police Complaints and Discipline Act 2016 An Act to provide for the resolution of complaints made in respect of police officers and certain other persons, to make provision in relation to disciplinary proceedings in respect of police officers and other persons, to repeal the Police (Complaints and Disciplinary Proceedings) Act 1985 and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act 5 Separate Internal Investigation Section to be constituted 6 Complaint management system 7 Code of conduct 8 Functions of OPI under Act 9 Complainant and designated officer to be kept informed of progress of complaint Part 2—Making complaints and reports Division 1—Complaints and reports about conduct of designated officers 10 Making a complaint about conduct of designated officer or police security officer 11 Right of persons in custody to make complaint 12 Designated officers to report certain conduct of other designated officers 13 Action to be taken on receipt of complaint or report Division 2—Assessment of complaints and reports 14 Assessment of complaints and reports by IIS 15 Commissioner may decline to act in relation to certain complaints Part 3—Certain matters to be resolved by management resolution 16 Application of Part 17 Further matters relating to operation of Part 18 Dealing with matters by way of management resolution 19 Reporting results of management resolution of matter 20 Monitoring of management resolutions under Part Part 4—Formal proceedings for breach of discipline 21 Investigations of complaints and reports by IIS 22 Notice of allegation to be issued in respect of breaches of discipline 23 Suspension where charge of offence or alleged breach of discipline 24 Designated officer may admit or deny allegations 25 Allegations to be heard and determined by Tribunal 26 Commissioner may sanction designated officer following offence or breach of discipline Part 5—Oversight of complaints and reports by OPI etc 27 OPI may direct Commissioner etc in relation to handling of complaints and reports 28 Reassessment of certain complaints and reports by OPI 29 OPI may refer complaints and reports to ICAC 30 ICAC may investigate matters under section 31 Annual report on sanctions imposed for breaches of discipline Part 6—Appeals 32 Appeals Part 7—Police Disciplinary Tribunal 33 Constitution of Police Disciplinary Tribunal 34 Registrar and deputy registrar 35 Proceedings before Tribunal 36 Powers of Tribunal 37 Protection of Tribunal, counsel and witnesses 38 Reference of question of law 39 Costs 40 Reasons for decision Part 8—Miscellaneous 41 Obstruction of complaint or report 42 False or misleading statements 43 Use of evidence or information obtained under other Acts etc 44 Limitation on requirement to divulge information 45 Confidentiality 46 Publication of information and evidence 47 Service 48 Review of Act 49 Regulations Schedule 1—Repeal and transitional provisions Part 15—Repeal of Police (Complaints and Disciplinary Proceedings) Act 1985 52 Repeal of Police (Complaints and Disciplinary Proceedings) Act 1985 Part 16—Transitional provisions 53 Certain orders of Commissioner etc under repealed Act taken to be valid 54 Complaints, reports and proceedings under Police (Complaints and Disciplinary Proceedings) Act 1985 Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Police Complaints and Discipline Act 2016. 3—Interpretation (1) In this Act, unless the contrary intention appears— breach of discipline means conduct that contravenes this Act or breaches the code of conduct and that may be the subject of a notice of allegation under this Act; close relative of a person means a spouse, domestic partner, parent or child of the person; code of conduct or Code means— (a) in relation to a designated officer who is a police security officer—the code of conduct established under section 7(1)(b); or (b) in relation to a designated officer who is not a police security officer—the code of conduct established under section 7(1)(a); complaint means a complaint made under section 10; complaint management system—means the complaint management system established under section 6; corruption in public administration has the same meaning as in the Independent Commission Against Corruption Act 2012; designated officer means a person who is— (a) a member of SA Police; or (b) a police cadet; or (c) a special constable; or (d) a police security officer; Independent Commission Against Corruption or ICAC means the Commission under the Independent Commission Against Corruption Act 2012; Internal Investigation Section or IIS means the section of the police force constituted in accordance with section 5; maladministration in public administration has the same meaning as in the Ombudsman Act 1972; misconduct in public administration has the same meaning as in the Ombudsman Act 1972; notice of allegation—see section 22(1); Office for Public Integrity or OPI means the Office for Public Integrity under the Independent Commissioner Against Corruption Act 2012; police public servant means a person (not being a designated officer) employed or performing duties in an administrative unit of the Public Service of which the Commissioner is the Chief Executive; party, to proceedings before the Tribunal, means the Commissioner and the designated officer to whom the proceedings relate; report means a report made under section 12; resolution officer—see section 18(1); Tribunal means the Police Disciplinary Tribunal. (2) In this Act, the following terms or phrases have the same meaning as in the Police Act 1998: (a) Commissioner; (b) member of SA Police; (c) police cadet; (ca) police security officer; (d) SA Police; (e) special constable. (3) For the purposes of this Act, a reference to the investigation of a matter will be taken to include a reference to the further investigation of the matter. 4—Application of Act (1) This Act is in addition to, and does not derogate from, the Independent Commission Against Corruption Act 2012. (2) This Act is in addition to, and does not derogate from, the Police Act 1998. 5—Separate Internal Investigation Section to be constituted (1) The Commissioner must ensure that a separate section (the Internal Investigation Section or IIS) is constituted within SA Police to carry out investigations under this Act in relation to the conduct of designated officers. (2) In addition to carrying out investigations under this Act, the IIS may carry out such other investigations in relation to the conduct of designated officers as may be required by the Commissioner. (3) The officer in charge of the IIS is entitled to report directly to the Commissioner on any matter relating to the IIS or the performance of its functions. (4) If a member of SA Police serving in the IIS is able to perform duties unrelated to the operation of this Act without unduly interfering with the duties or functions of the IIS, he or she may be directed to do so by the Commissioner. (5) For the purposes of this Act, a reference to a member of the IIS will be taken to be a reference to a member of SA Police serving in the IIS. 6—Complaint management system (1) The Commissioner must establish a system to record information relating to making, assessment, investigation and resolution of complaints and reports made under this Act (the complaint management system). (2) The complaint management system— (a) must, in relation to each complaint or report entered on the system, contain such information as may be required by or under this Act; and (b) must comply with any requirements set out in the regulations. (3) The Commissioner must ensure that the ICAC and the OPI have direct and unrestricted access to the complaint management system for the purposes of this Act and the Independent Commission Against Corruption Act 2012. (4) The regulations may make further provision in relation to the complaint management system (including, to avoid doubt, limiting access to the system by designated officers, the ICAC and the OPI). 7—Code of conduct (1) The Governor may, by regulation— (a) establish a code of conduct for the maintenance of professional standards by designated officers; and (b) establish a code of conduct for the maintenance of professional standards by police security officers. (2) Without limiting the generality of subsection (1), a code of conduct may include provisions relating to— (a) the performance of duties; and (b) corrupt, improper or discreditable behaviour (including criminal conduct under foreign law); and (c) drug and alcohol testing of members of SA Police, police cadets and police security officers; and (d) conduct towards other designated officers; and (e) standards of personal behaviour or dress; and (f) relations with the public or particular groups or organisations; and (g) the use of official information or resources; and (h) public comment; and (i) any other matter that the Governor considers relevant to the maintenance of professional standards. 8—Functions of OPI under Act The functions of the OPI under this Act are— (a) to oversee the assessment and investigation of complaints and reports relating to designated officers; and (b) to oversee the operation and enforcement of this Act; and (c) to refer certain complaints and reports to the ICAC in accordance with this Act and the Independent Commission Against Corruption Act 2012; and (d) such other functions as may be assigned to the OPI under this Act. 9—Complainant and designated officer to be kept informed of progress of complaint (1) Subject to this section, the Commissioner must, except in the case of a complaint that is investigated by the ICAC under section 30, cause— (a) the complainant in relation to a complaint; and (b) each designated officer who is the subject of a complaint, to be informed of the progress and resolution of the complaint. (2) Subject to this section, if a complaint is investigated by the ICAC under section 30, the ICAC must, in accordance with the requirements set out in the regulations, cause— (a) the complainant in relation to the complaint; and (b) each designated officer who is the subject of the complaint, to be informed of the progress and resolution of the complaint. (3) However, the Commissioner or the ICAC need not keep a designated officer who is the subject of a complaint so informed if— (a) the complaint is a complaint referred to in section 15; or (b) the Commissioner or the ICAC (as the case requires) believes on reasonable grounds that— (i) so informing the designated officer would prejudice the investigation of the complaint; or (ii) the complaint raises a potential issue of corruption in public administration that could be the subject of a prosecution. Part 2—Making complaints and reports Division 1—Complaints and reports about conduct of designated officers 10—Making a complaint about conduct of designated officer or police security officer (1) A person may make a complaint about the conduct of a designated officer in accordance with this section. (2) However, a complaint cannot be made under this section in relation to the employment, or terms or conditions of employment, of designated officers. (3) A complaint may be made by, or on behalf of, an aggrieved person to— (a) a designated officer (not being an officer to whom the complaint relates); or (b) a police public servant; or (c) the OPI, and may, to avoid doubt, be made whether or not the designated officer to whom the complaint relates is identified by the complainant. (3a) However, a complaint about a designated officer who is not a police security officer cannot be made to a designated officer who is a police security officer. (4) A person wishing to make a complaint— (a) must be advised by the person or body to whom the complaint is to be made that the complaint may be made in writing or orally; and (b) if the complainant wishes to make the complaint in writing, must, at his or her request, be provided with the materials necessary to do so. (5) In the case of a complaint made orally, the person or body to whom the complaint is made must, as soon as is reasonably practicable (but in any event within 48 hours) after the complaint is made, reduce the complaint to writing in accordance with any requirements set out in the regulations for the purposes of this subsection. (6) Without limiting any other provision of this Act, the IIS or the OPI may require a complaint made orally to be verified by the complainant in writing. 11—Right of persons in custody to make complaint (1) If a person detained in custody wishes to make a complaint about the conduct of a designated officer, any person performing duties in connection with the detention of the person must, at the request of the person, take all reasonable steps to ensure that the person can make a complaint under section 10. (2) A request referred to in subsection (1) must be complied with as soon as is reasonably practicable (but without there being any obligation to interrupt the carrying out of any other lawful procedure or function). 12—Designated officers to report certain conduct of other designated officers (1) Without limiting any other provision of this or any other Act, a designated officer who reasonably suspects that another designated officer has engaged in conduct that constitutes corruption, misconduct or maladministration in public administration must report that suspicion in accordance with this section. (2) A report— (a) must be made to the IIS or the OPI as soon as is reasonably practicable (but in any event within 7 days) after the designated officer forms the suspicion; and (b) must be made in a manner and form determined by the IIS or the OPI (as the case requires); and (c) must comply with the requirements determined by the Commissioner and approved by the ICAC. (3) A designated officer who, without reasonable excuse, refuses or fails to comply with subsection (1) may be dealt with under this Act for a breach of discipline. 13—Action to be taken on receipt of complaint or report (1) A designated officer or police public servant to whom a complaint is made must, as soon as is reasonably practicable (but in any event within 3 days) after the complaint is made, refer the complaint to the IIS in accordance with this section. (2) Subject to this Act, the OPI must, as soon as is reasonably practicable (but in any event within 3 days) after receiving a complaint or report, refer the complaint or report to the IIS in accordance with this section. (3) The OPI need not refer a complaint or report to the IIS if the complaint or report is, or is to be, referred to the ICAC under section 29. (4) A referral under this section must comply with any requirements determined by the Commissioner and approved by the ICAC. (5) The officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after receiving a complaint or report under this section, cause the information required by the regulations in respect of the complaint or report to be recorded on the complaint management system. Division 2—Assessment of complaints and reports 14—Assessment of complaints and reports by IIS (1) Each complaint or report received by or referred to the IIS under this Act must be assessed as to whether— (a) it raises a potential issue of corruption in public administration that could be the subject of a prosecution; or (b) it raises a potential issue of misconduct or maladministration in public administration; or (c) it raises some other issue that should, in the opinion of the officer in charge of the IIS, be referred to the OPI. (2) Subsection (1) does not apply to a particular complaint or report if— (a) the conduct that is the subject of the complaint or report is being, or has previously been, assessed by the IIS, the OPI or the ICAC; or (b) the conduct that is the subject of the complaint or report has been previously dealt with under this Act, the Police (Complaints and Disciplinary Proceedings) Act 1985, the Police Act 1998 or the Protective Security Act 2007; or (c) the matter raised in the complaint or report is, in the opinion of the officer in charge of the IIS, trivial; or (d) the complaint or report is, in the opinion of the officer in charge of the IIS, frivolous or vexatious or not made in good faith; or (e) in the case of a complaint—having regard to all the circumstances of the case, an investigation of the complaint is unnecessary or unjustifiable. (3) Subject to this Act, an assessment under this section may be conducted in such manner as the officer in charge of the IIS thinks fit. (4) If a particular complaint is assessed as being a complaint referred to in subsection (1)(a) or (c), the officer in charge of the IIS must, in a manner and form determined by the OPI, notify the OPI of that fact. 15—Commissioner may decline to act in relation to certain complaints The Commissioner may decline to take further action in respect of a particular complaint or report if— (a) the conduct that is the subject of the complaint or report has been previously dealt with under this Act, the Police (Complaints and Disciplinary Proceedings) Act 1985, the Police Act 1998, the Protective Security Act 2007 or the Independent Commission Against Corruption Act 2012; or (b) the matter raised in the complaint or report is, in the opinion of the Commissioner, trivial; or (c) the complaint or report is, in the opinion of the Commissioner, frivolous or vexatious or not made in good faith; or (d) in the case of a complaint—having regard to all the circumstances of the case, the Commissioner is of the opinion that an investigation of the complaint is unnecessary or unjustifiable (including, to avoid doubt, where the alleged conduct of the designated officer concerned is not sufficiently related to the exercise, performance or discharge (or purported exercise, performance or discharge) of his or her official powers, functions or duties). Part 3—Certain matters to be resolved by management resolution 16—Application of Part (1) This Part applies to matters of the following kinds: (a) a complaint or report determined by the Commissioner to be a complaint or report that may be dealt with under this Part; (b) an allegation relating to conduct of a designated officer of a kind determined by the Commissioner to be conduct that may be dealt with under this Part. (2) The Commissioner may vary or revoke a determination under this section. (3) On making or varying a determination under this section, the Commissioner must submit the determination or variation (as the case requires) to the OPI for approval. (4) A determination, or variation of a determination, has effect from the day on which it is approved by the OPI. (5) The Minister must cause notice of each determination, and each variation of a determination, to be tabled before both Houses of Parliament within 15 sitting days after the day on which it is approved. 17—Further matters relating to operation of Part (1) The Governor may, by regulation— (a) specify the kinds of complaints, reports and conduct that should, or should not, be the subject of a determination under section 16; and (b) set out procedures for dealing with matters under this Part (including, to avoid doubt, making provision for the conciliation of complaints); and (c) make further provisions relating to the operation of this Part. (2) The Commissioner must, in respect of the operation of this Part, have regard to, and seek to give effect to, the following principles: (a) the purpose of a management resolution under this Part is to avoid formal disciplinary proceedings by dealing with the matter as a question of educating, and improving the future conduct of, the designated officer concerned; (b) management resolution of matters under this Part is to be conducted as expeditiously as possible and without undue formality. 18—Dealing with matters by way of management resolution (1) A matter to which this Part applies is to be dealt with by the Commissioner causing the matter to be referred to— (a) in the case of a designated officer who is not a police security officer—a suitable member of SA Police; or (b) in the case of a designated officer who is a police security officer—a person determined in accordance with the orders and directions of the Commissioner, (the resolution officer) for resolution in accordance with this Part. (2) Without limiting subsection (1), the resolution officer must ensure that— (a) the designated officer concerned is informed of the complaint, report or allegation made against him or her; and (b) the designated officer is given the opportunity to inform the resolution officer of any information the designated officer thinks relevant in respect of the matter; and (c) he or she contacts the person who made the complaint, report or allegation and— (i) explains to the person that the matter is to be resolved under this Part (including an explanation of the processes involved and possible outcomes); and (ii) gives him or her the opportunity to inform the resolution officer of any further information he or she thinks relevant in respect of the matter. (3) If— (a) the resolution officer is of the opinion that there would be a benefit in undertaking conciliation between the person who made the relevant complaint or allegation and SA Police; and (b) the person agrees to undertake conciliation, the resolution officer must attempt to resolve the matter by way of conciliation. (4) In the course of a management resolution under this Part, the Commissioner may take action, or order the taking of action, of 1 or more of the following kinds in respect of the designated officer: (a) impose a restriction on the ability of the designated officer to work in a specified position, or to perform specified duties, within SA Police or as a police security officer (as the case requires); (b) remove, or impose conditions on, any accreditation, permit or authority granted by SA Police or the Commissioner to the designated officer; (c) provide the designated officer with counselling; (d) issue the designated officer with a reprimand. (5) However, the Commissioner may only take action of the kind referred to in subsection (4)(a) or (b) if he or she is satisfied that— (a) the action is appropriate in order to— (i) provide an opportunity for the designated officer to undertake remedial education or training; or (ii) establish that the designated officer is competent and capable of carrying out specified duties; and (b) it is appropriate in all of the circumstances to take the action, having considered— (i) the potential impact of the action on the designated officer concerned; and (ii) the risks to other members of SA Police or police security officers (as the case requires) and the community of not taking such action. (6) If the Commissioner takes action of the kind referred to in subsection (4)(a) or (b), the Commissioner must— (a) advise the designated officer of the remedial education or training to be undertaken, and the competencies (if any) required to be demonstrated before the relevant action will be revoked; and (b) provide remedial education or training, and an opportunity to demonstrate the required competencies, to the designated officer as soon as may be reasonably practicable. (7) The Commissioner must revoke any action taken under subsection (4)(a) or (b) if— (a) the designated officer successfully completes the required remedial education or training and has demonstrated to the Commissioner that the designated officer is competent and capable of carrying out specified duties; or (b) a period of 3 months has elapsed since the action was taken, whichever occurs first. (8) Information obtained in the course of a management resolution under this Part is not to be used in relation to a prescribed determination relating to the designated officer concerned. (9) However, subsection (8) does not apply to information referred to in that subsection if the Commissioner is of the opinion that— (a) the designated officer has engaged in a pattern of unsatisfactory conduct (whether the conduct is of the same kind or of different kinds) or unsatisfactory performance (as contemplated by section 46 of the Police Act 1998); and (b) it is appropriate for the information to be used in relation to a prescribed determination relating to the designated officer, having first sought and considered any views of the designated officer as to the use of the information. (10) On completion of a management resolution under this Part, the resolution officer must inform the designated officer concerned and the person who made the relevant complaint, report or allegation of the outcome of the management resolution. (11) In this section— prescribed determination means— (a) a determination relating to the promotion or transfer of a designated officer (whether on application or otherwise); and (b) a determination relating to an award of a medal or other accolade (however described); and (c) any other determination prescribed by the regulations for the purposes of this definition. 19—Reporting results of management resolution of matter (1) The resolution officer must, in accordance with any requirements set out in the regulations, prepare a report in relation to each matter dealt with by way of management resolution under this Part. (2) The resolution officer must cause a copy of a report under subsection (1) to be provided to— (a) the IIS; and (b) the designated officer concerned. (3) The officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after receiving a report under subsection (2), cause the information required by the regulations in respect of each matter dealt with by way of management resolution under this Part to be recorded on the complaint management system. 20—Monitoring of management resolutions under Part The Commissioner must cause all matters dealt with under this Part to be monitored and reviewed with a view to maintaining proper and consistent practices. Part 4—Formal proceedings for breach of discipline 21—Investigations of complaints and reports by IIS (1) Subject to this Act, each complaint or report referred to the IIS under this Act must be investigated by the IIS. (2) Subsection (1) does not apply to a particular complaint or report if— (a) the complaint or report is dealt with, or is to be dealt with, under Part 3; or (b) the complaint or report is, or is to be, referred to the ICAC under section 29; or (c) the conduct that is the subject of the complaint or report is being, or has previously been, assessed by the IIS, the OPI or the ICAC; or (d) the conduct that is the subject of the complaint or report has been previously dealt with under this Act, the Police (Complaints and Disciplinary Proceedings) Act 1985 or the Protective Security Act 2007; or (e) the matter raised in the complaint or report is, in the opinion of the officer in charge of the IIS, trivial; or (f) the complaint or report is, in the opinion of the officer in charge of the IIS, frivolous or vexatious or not made in good faith; or (g) in the case of a complaint—having regard to all the circumstances of the case, the officer in charge of the IIS is of the opinion that an investigation of the complaint or report is unnecessary or unjustifiable (including, to avoid doubt, where the alleged conduct of the designated officer concerned is not sufficiently related to the exercise, performance or discharge (or purported exercise, performance or discharge) of his or her official powers, functions or duties). (3) Subject to this Act, an investigation may be conducted in such manner as the officer in charge of the IIS thinks fit. (4) A member of the IIS may, for the purposes of an investigation, make inquiries and obtain information, property, documents or other records relevant to the investigation, as he or she thinks fit. (5) A member of the IIS may, for the purposes of the investigation, direct a designated officer to furnish information, produce property, a document or other record, or answer a question, that is relevant to the investigation. (6) For the purposes of this Act and the Police Act 1998, a direction given by a member of the IIS under subsection (5) has effect as if it had been given by the Commissioner. (7) A member of the IIS must, before giving any direction under subsection (5) to the designated officer whose conduct is under investigation, inform the officer of— (a) the time and place at which the conduct is alleged to have occurred; and (b) the nature of the alleged conduct. (8) Subsection (7)(a) does not apply if the time and place at which the conduct is alleged to have occurred is not known. (9) Subsection (7) does not apply if the member of IIS believes on reasonable grounds that so informing the designated officer may prejudice the investigation. (10) Without limiting any other provision of this or any other Act, a designated officer who— (a) without reasonable excuse, refuses or fails to furnish information, produce property, a document or other record or answer a question when so required under this section; or (b) furnishes information or makes a statement to a member of the IIS knowing that it is false or misleading in a material particular, may be dealt with under this Act for a breach of discipline. (11) If a designated officer is directed under subsection (5) to furnish information, produce property, a document or record or answer a question, the officer is not excused from complying with the direction on the ground— (a) that the furnishing of the information, the production of the property, the document or record or the answering of the question— (i) would be contrary to the public interest; or (ii) would contravene the provisions of any other enactment; or (b) that the information, the property, the document or record or the answer to the question might tend to show that he or she has committed a breach of discipline. (12) A designated officer may refuse to furnish information, produce property, a document or record or answer a question if the information, the property, the document or record or the answer to the question might tend to incriminate him or her or a close relative of his or hers, but a designated officer who does so refuse may be dealt with under this Act for a breach of discipline. (13) A designated officer who furnishes information, produces property, a document or record or answers a question is not liable to a penalty under the provisions of any other law prohibiting such an act if the act is done in compliance with a direction given by a member of the IIS under this section. (14) The officer in charge of the IIS may, subject to any directions of the Commissioner, require a police officer not serving in the IIS to assist the IIS in conducting investigations under this section or to conduct investigations on behalf of the IIS, and, in that event, the provisions of this section apply as if the police officer were a member of the IIS. (15) This section does not limit or affect the powers or duties that a police officer would have apart from this Act in connection with the investigation of an offence. 22—Notice of allegation to be issued in respect of breaches of discipline (1) For the purposes of this Act, the Commissioner commences proceedings for a breach of discipline by presenting a notice of allegation to the Tribunal. (2) However, the Commissioner must not present a notice of allegation to the Tribunal unless he or she has advised the OPI that he or she intends to present the notice of allegation and has had regard to any submission made by the OPI relating to the matter (however a failure to comply with this subsection will not, of itself, invalidate a notice of allegation). (3) The Commissioner need not comply with subsection (2) where the Commissioner is satisfied that to do so would unduly delay any action to be taken in respect of the matter. (4) The Commissioner must, on commencing proceedings for a breach of discipline, provide to the designated officer concerned a written notice indicating the punishment that the Commissioner would be likely to impose if the breach of discipline were proved on the basis of the facts as known to the Commissioner at the time the notice of allegation is presented. (5) The notice referred to in subsection (4) must not be provided to the Tribunal in any proceedings under this Part. (6) A notice of allegation must comply with any requirements set out in the regulations. (7) A notice of allegation must be served on the designated officer in accordance with the regulations. 23—Suspension where charge of offence or alleged breach of discipline (1) If— (a) a designated officer is charged with an offence (whether under the law of this State, the Commonwealth or another State or Territory); or (b) a notice of allegation is, or is to be, served on a designated officer under this Act, the Commissioner may suspend the designated officer's appointment. (2) Subject to subsection (3), a suspension will be with remuneration. (3) The Commissioner may determine that a suspension will be without remuneration if the Commissioner believes on reasonable grounds that a failure to do so would bring SA Police into disrepute. (4) A suspension in relation to a notice of allegation that has yet to be served on a designated officer will be taken to have been revoked by the Commissioner if the notice of allegation is not so served within 24 hours (excluding a Saturday, Sunday or a public holiday falling on a Monday or Friday). (5) A suspension under this section must be revoked by the Commissioner if— (a) the designated officer is found not guilty of the offence, or is found not to have committed the alleged breach of discipline, or the charge or allegation is dismissed, lapses or is withdrawn; and (b) the designated officer does not stand charged of any other offence and no other breach of discipline is alleged. (6) If the suspension under this section of a designated officer's appointment is revoked by the Commissioner, then, subject to any determination of the Commissioner under the regulations, he or she is entitled to any remuneration or accrual of rights withheld in consequence of the suspension and the period of the suspension will count as service. 24—Designated officer may admit or deny allegations On a notice of allegation being served on a designated officer, he or she may, within the period and in the manner prescribed by the regulations, admit or deny the allegation or allegations. 25—Allegations to be heard and determined by Tribunal (1) If an allegation contained in a notice of allegation is not admitted in accordance with section 24, the allegation is to be heard and determined by the Tribunal. (2) If the Tribunal is satisfied, on the balance of probabilities, that a designated officer committed a breach of discipline, the Tribunal must— (a) make a finding that the designated officer committed the breach of discipline; and (b) remit the proceedings to the Commissioner for the imposition of sanctions in accordance with section 26; and (c) as soon as is reasonably practicable, notify the IIS of the matters referred to in a preceding paragraph. (3) When remitting proceedings to the Commissioner, the Tribunal may indicate to the Commissioner the Tribunal's assessment of the seriousness or otherwise of the breach of discipline committed by the designated officer and, in that event, the Commissioner must, when making his or her determination as to the imposition of sanctions, have due regard to the Tribunal's assessment. (4) The officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after receiving a notification under subsection (2)(c), cause the prescribed information in respect of the findings of the Tribunal, the remission of the proceedings to the Commissioner and any assessment of the Tribunal under subsection (3) to be recorded on the complaint management system. 26—Commissioner may sanction designated officer following offence or breach of discipline (1) If a designated officer— (a) is found guilty of an offence under a law of this State, the Commonwealth or another State or Territory; or (b) admits an alleged breach of discipline in accordance with section 24; or (c) is found to have committed a breach of discipline in proceedings before the Tribunal, the Commissioner may take action, or order the taking of action, of 1 or more of the following kinds in relation to the designated officer: (d) termination of his or her appointment; (e) suspension of his or her appointment for a specified period; (f) if he or she is a member of SA Police— (i) transfer of the member to another position in SA Police for a specified period; or (ii) reduction in the member's rank (whether or not the loss of income resulting from the reduction exceeds the amount prescribed for the purposes of paragraph (h)); or (iii) reduction in the member's seniority; (g) if he or she is a police cadet—withdrawal of specified rights or privileges for a specified period; (ga) if the designated officer is a police security officer— (i) transfer of the officer to another position; or (ii) reduction in the officer's rank (whether or not the loss of income resulting from the reduction exceeds the amount prescribed for the purposes of paragraph (h)); or (iii) reduction in the officer's seniority; (h) reduction of his or her remuneration by a specified amount for a specified period (but not so that the total amount forfeited exceeds the amount prescribed by regulation for the purposes of this paragraph); (i) imposition of a fine not exceeding the amount prescribed by regulation; (j) a reprimand recorded in his or her conduct and service history kept under the regulations; (k) an unrecorded reprimand; (l) counselling; (m) education or training; (n) action of any other kind prescribed by regulation. (2) If the period for which a member of SA Police is transferred under subsection (1)(f) is less than 12 months, he or she is entitled, on the expiration of the specified period, to return to the position he or she occupied before being so transferred. (3) The Commissioner must, as soon as is reasonably practicable after action is taken under subsection (1) in respect of a designated officer, notify the officer in charge of the IIS of the action taken. (4) The officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after receiving a notification under subsection (3), cause the information required by the regulations in respect of the action taken in relation to the designated officer to be recorded on the complaint management system. Part 5—Oversight of complaints and reports by OPI etc 27—OPI may direct Commissioner etc in relation to handling of complaints and reports (1) Without limiting any other power or function of the OPI, the OPI may, in relation to a complaint or report, give such directions to the Commissioner, the IIS or to a police officer assisting in an investigation or conducting an investigation on behalf of the IIS as the OPI thinks fit. (2) Without limiting the generality of subsection (1), a direction may include— (a) a requirement that the IIS or a specified person provide specified information relating to a specified complaint or report; or (b) a requirement that the IIS or a specified person produce to the OPI a specified document or record relating to a specified complaint or report that is under the control of SA Police; or (c) the methods to be employed, the matters to be investigated or the evidence to be obtained in relation to a specified investigation or class of investigations. (3) A direction— (a) must be by notice in writing; and (b) may only be given after consultation with the officer in charge of the IIS. (4) The OPI may, by notice in writing, vary or revoke a direction. (5) The Commissioner must ensure that any direction under this section is complied with without undue delay. 28—Reassessment of certain complaints and reports by OPI (1) The OPI may, within 3 business days after the information required by the regulations relating to an assessment of a complaint or report by the IIS is entered in the complaints management system, do 1 or both of the following: (a) reassess the complaint or report; (b) substitute its assessment of the complaint or report for that entered in the complaints management system (and the substituted assessment will, for the purposes of this Act, be taken to be the assessment of the IIS in respect of the complaint or report). (2) The OPI may only take action under subsection (1) after consultation with the officer in charge of the IIS. (3) The officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after becoming aware of a substituted assessment under subsection (1)(b), cause the information required by the regulations in respect of the substituted assessment to be recorded on the complaint management system. 29—OPI may refer complaints and reports to ICAC (1) The OPI may refer a complaint or report to the ICAC if the OPI is satisfied that the complaint or report relates to matters that should be dealt with by the ICAC under this Act or the Independent Commission Against Corruption Act 2012. (2) For the purposes of the Independent Commission Against Corruption Act 2012, a complaint or report referred under this section will be taken to be a complaint or report received under that Act. (3) The ICAC may give such directions as it thinks fit to the Commissioner in relation to a complaint or report referred under this section or a related complaint or report (including, to avoid doubt, a direction that the Commissioner not take, or stop taking, specified actions in respect of the complaint or report). 30—ICAC may investigate matters under section (1) The ICAC may investigate under this section a complaint or report referred to the ICAC under section 29 if the ICAC is satisfied that it is appropriate to do so. (2) The ICAC may, on its own initiative, investigate under this section any other complaint or report if the ICAC is satisfied that it is appropriate to do so. (3) If the ICAC investigates a complaint or report under this section, the ICAC must (unless the ICAC is of the opinion that to do so may prejudice the investigation) notify the Commissioner, by writing, of the matter to be investigated and furnish him or her with particulars of the matter. (4) In investigating a complaint or report under this section, the ICAC will be taken to have all the powers of a member of the IIS. 31—Annual report on sanctions imposed for breaches of discipline (1) The ICAC must, before 30 September in each year, prepare a report on the number and general nature of sanctions imposed under section 26 in relation to breaches of discipline in the preceding financial year. (2) Without limiting any other power or function of the ICAC, the ICAC may require the Commissioner to provide the ICAC with such information as the ICAC reasonably requires for the purposes of preparing a report under subsection (1). (3) A copy of the report must be delivered to the President of the Legislative Council and the Speaker of the House of Assembly. (4) The President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses. (5) A report under this section may be combined with another report prepared by the ICAC under the Independent Commissioner Against Corruption Act 2012. Part 6—Appeals 32—Appeals (1) A party to proceedings before the Tribunal may appeal to the Court against a decision made by the Tribunal in those proceedings. (2) An appeal may not be made under subsection (1) in respect of a preliminary, interlocutory or procedural matter unless— (a) the appeal relates to a decision by the Tribunal to grant a stay of proceedings or to refuse to grant a stay of proceedings; or (b) the Court is satisfied that there are special reasons why it would be in the interests of the administration of justice to have the appeal determined before the commencement or completion of the trial and grants its permission for an appeal. (3) A designated officer may appeal to the Court against an order of the Commissioner imposing a sanction on the designated officer under section 26. (4) Subsection (3) applies— (a) whether or not the order resulted from an investigation under this Act; (b) whether the order was made on the designated officer being found to have committed a breach of discipline by the Tribunal or on the officer admitting a breach of discipline to the Commissioner or otherwise. (5) An appeal under this section must be instituted within 1 month of the making of the decision or order appealed against. (6) In this section— Court means the Administrative and Disciplinary Division of the District Court. Part 7—Police Disciplinary Tribunal 33—Constitution of Police Disciplinary Tribunal (1) There will be a Police Disciplinary Tribunal. (2) The Tribunal will be constituted of a magistrate appointed by the Governor. (3) The magistrate appointed to constitute the Tribunal will be appointed for such term of office, not exceeding 3 years, as the Governor may determine, and on the expiration of his or her term of office is not eligible for reappointment. (4) The Governor may appoint another magistrate to be the deputy of the magistrate appointed to constitute the Tribunal and the Tribunal will, for any period for which the magistrate appointed to constitute the Tribunal is absent or unavailable, be constituted of that other magistrate. (5) The Governor may appoint 3 or more magistrates to a panel and, if at any time the magistrate appointed under subsection (4) is absent or unavailable, the Chief Magistrate may appoint a magistrate from the panel to act in his or her place. 34—Registrar and deputy registrar (1) The registrar and deputy registrar of the Tribunal are to be Public Service employees. (2) The positions of registrar and deputy registrar of the Tribunal may be held in conjunction with any other position in the Public Service. (3) The registrar and deputy registrar of the Tribunal will have such duties and functions as are prescribed and such other duties and functions as may be directed by the Tribunal. 35—Proceedings before Tribunal (1) The Tribunal must, in relation to any proceedings to be heard by the Tribunal— (a) give the Commissioner and the designated officer concerned reasonable notice of the time and place at which the proceedings are to be heard and must afford them a reasonable opportunity to call or give evidence, to examine or cross-examine witnesses and to make submissions to the Tribunal; and (b) give the OPI notice of the time and place at which the proceedings are to be heard. (2) If a person to whom notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the Tribunal may hear the proceedings in his or her absence. (3) The Commissioner may be represented at proceedings by counsel or a police officer or, if the designated officer concerned is a police security officer, a police security officer. (4) A party to proceedings before the Tribunal (other than the Commissioner) is entitled to appear— (a) personally or by counsel; or (b) with the permission of the Tribunal—by some other representative. (5) Subject to subsection (6), the proceedings of the Tribunal are to be heard in private. (6) The Tribunal must permit a member of the staff of the OPI nominated by the ICAC, and a member of SA Police or a police security officer (or both) nominated by the Commissioner, to be present at proceedings of the Tribunal and may, in its discretion, permit any other person to be present. (7) The Tribunal must, unless of the opinion that to do so would prejudice the orderly conduct of the proceedings, permit a person nominated by the designated officer concerned and a person nominated by the OPI or the ICAC to be present at proceedings of the Tribunal. (8) The Tribunal must cause proceedings under this Act to be conducted as expeditiously as is reasonably possible. (9) Subject to this Act, the Tribunal will in its proceedings— (a) be bound by the rules of evidence; and (b) follow, to such extent as it considers appropriate, the practice and procedure of courts of summary jurisdiction on the hearing of complaints for simple offences. 36—Powers of Tribunal (1) The Tribunal may— (a) by summons signed by the Tribunal or by the registrar or deputy registrar of the Tribunal, require the attendance before the Tribunal of any person; or (b) by summons signed by the Tribunal or by the registrar or deputy registrar of the Tribunal, require the production of any books, documents or other things; or (c) inspect any book, document or thing produced before the Tribunal and retain them for such reasonable period as the Tribunal thinks fit and make copies of any of them or any of their contents; or (d) require any person to make an oath or affirmation that he or she will truly answer all questions put to him or her by the Tribunal, or by any person appearing before the Tribunal, relating to the matter being heard by the Tribunal; or (e) require any person appearing before the Tribunal to answer any relevant questions put to him or her by the Tribunal or by any person appearing before the Tribunal. (2) A person who— (a) having been served with a summons to attend before the Tribunal, fails without reasonable excuse (proof of which lies on him or her) to do so; or (b) having been served with a summons to produce books, documents or things, fails without reasonable excuse (proof of which lies on him or her) to do so; or (c) misbehaves himself or herself before the Tribunal, wilfully insults the Tribunal or interrupts the proceedings of the Tribunal, is guilty of an offence. Maximum penalty: $2 500 or imprisonment for 6 months. (3) However, a person is not required to produce any books, documents or things, or to answer a question, if to do so might tend to incriminate him or her or, in the case of a designated officer, to prove that he or she has committed a breach of discipline. (4) The Tribunal may, on being satisfied that a person has failed to appear before the Tribunal in obedience to a summons served on him or her under this section, issue a warrant authorising a police officer to arrest the person and bring him or her before the Tribunal. (5) In the course of any proceedings, the Tribunal may— (a) receive in evidence any transcript of evidence in proceedings before a court or tribunal and draw any conclusions of fact that it considers proper; or (b) adopt, as in its discretion it considers proper, any findings, decision, or judgment of a court or tribunal that may be relevant to the proceedings. 37—Protection of Tribunal, counsel and witnesses (1) The person constituting the Tribunal has in that capacity the same protection and immunity as a judge of the Supreme Court. (2) Counsel or any other person appearing for a party in proceedings before the Tribunal has the same protection and immunity as counsel appearing for a party in proceedings in the Supreme Court. (3) A person appearing before the Tribunal as a witness has the same protection and immunity as a witness in proceedings in the Supreme Court. 38—Reference of question of law The Tribunal may refer a question of law for the opinion of the Supreme Court. 39—Costs (1) The Tribunal may make such orders for costs as the Tribunal thinks just and reasonable. (2) Where the Tribunal has ordered the payment of costs, the costs are to be recoverable summarily. 40—Reasons for decision The Tribunal must, at the request of a party, the ICAC or the OPI made within 7 days after the Tribunal has made a decision in proceedings, give reasons in writing for the decision. Part 8—Miscellaneous 41—Obstruction of complaint or report A person must not— (a) prevent another person from making a complaint or report under this Act; or (b) hinder or obstruct another person in making such a complaint or report. Maximum penalty: $10 000 or imprisonment for 2 years. 42—False or misleading statements A person must not— (a) make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided under this Act; or (b) make a complaint or report under this Act knowing that there are no grounds for the making of the complaint or report. Maximum penalty: $10 000 or imprisonment for 2 years. 43—Use of evidence or information obtained under other Acts etc (1) Despite any other Act or law, evidence or information obtained (whether before or after the commencement of this section) by the lawful exercise of powers under this Act or any other Act— (a) is not inadmissible in proceedings before the Tribunal merely because the evidence or information was obtained by the exercise of powers under the relevant Act and not for the purposes of those proceedings; and (b) may be used for the purposes of a matter dealt with, or to be dealt with, by way of management resolution under Part 3 or by formal proceedings under Part 4 if— (i) to do so would be consistent with the principles of equity and good conscience; and (ii) to do so would be appropriate in all of the circumstances of the matter; and (c) may be so used whether the exercise of powers by which the evidence or information was obtained relates to the same matter or a different matter. (2) No civil or criminal liability lies against a person in respect of any use of evidence or information permitted by this section. 44—Limitation on requirement to divulge information Despite any other Act or law, a person who is, or who has been, engaged in the administration or enforcement of this Act or the repealed Act cannot be required to divulge information disclosed or obtained in the course of an investigation under this Act or the repealed Act except where such a requirement is made— (a) in proceedings before a court or the Tribunal in respect of— (i) an offence; or (ii) a breach of discipline, relating to a matter the subject of the investigation; or (b) in proceedings under the Royal Commissions Act 1917; or (c) by the ICAC or the OPI; or (d) by order of a court, the court being satisfied that there are special reasons requiring the making of such an order and that the interests of justice cannot adequately be served except by the making of such an order. 45—Confidentiality (1) Except as required or authorised by this Act or by the Commissioner, the ICAC or the OPI, a person who is or has been engaged in the administration of this Act must not, directly or indirectly, disclose information in relation to or connected with a matter that forms or is the subject of a complaint, report, assessment or investigation under this Act. Maximum penalty: $2 500 or imprisonment for 6 months. (2) Despite subsection (1), a person engaged in the administration of this Act may disclose information— (a) for the purposes of the administration or enforcement of this Act; or (b) for the purposes of a criminal proceeding or a proceeding for the imposition of a penalty; or (c) for the performance of the functions of the Commissioner, the ICAC or the OPI under another Act; or (d) in accordance with an order of a court; or (e) if the information relates to the person and is disclosed by the person to a close family member of the person; or (f) as otherwise required or authorised by this or another Act. (3) A person who receives information knowing that the information is connected with a matter that forms or is the subject of a complaint, report, assessment or investigation under this Act must not disclose that information unless— (a) the person is authorised in writing by the Commissioner, the ICAC or the OPI, or by a person approved by the Commissioner, the ICAC or the OPI, under this section to give an authorisation; or (b) the disclosure of that information is for the purpose of— (i) dealing with a matter under this Act by the Commissioner, or under this or the Independent Commission Against Corruption Act 2012 by the ICAC or the OPI; or (ii) a criminal proceeding, a proceeding for the imposition of a penalty or disciplinary action; or (iii) a person obtaining legal advice or legal representation or for the purposes of determining whether a person is entitled to an indemnity for legal costs; or (iv) a person obtaining medical or psychological assistance from a medical practitioner or psychologist. Maximum penalty: $2 500 or imprisonment for 6 months. (4) For the purposes of subsection (2)(e), a person is a close family member of another person if— (a) 1 is a spouse of the other or is in a close personal relationship with the other; or (b) 1 is a parent or grandparent of the other (whether by blood or by marriage); or (c) 1 is a brother or sister of the other (whether by blood or by marriage); or (d) 1 is a guardian or carer of the other. 46—Publication of information and evidence (1) A person must not, except as authorised by the Commissioner, the ICAC, the OPI or a court hearing proceedings for an offence against this Act, publish, or cause to be published— (a) information tending to suggest that a particular person is, has been, may be, or may have been, the subject of a complaint, report, assessment or investigation under this Act; or (b) information that might enable a person who has made a complaint or report to be identified or located; or (c) the fact that a person has made or may be about to make a complaint or report; or (d) information that might enable a person who has given or may be about to give information or other evidence under this Act to be identified or located; or (e) the fact that a person has given or may be about to give information or other evidence under this Act; or (f) any other information or evidence publication of which is prohibited by the Commissioner, the ICAC or the OPI. Maximum penalty: (a) in the case of a body corporate—$150 000; (b) in the case of a natural person—$30 000. (2) In this section— publish means publish by— (a) newspaper, radio or television; or (b) internet or other electronic means of creating and sharing content with the public or participating in social networking with the public; or (c) any similar means of communication to the public. 47—Service Subject to this Act, a notice or other document required or authorised to be given to or served on a person under this Act may— (a) be given to the person personally; or (b) be left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or (c) be posted to the person at the person's last known place of residence or business; or (d) be transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission). 48—Review of Act (1) The Minister must cause a review of the operation of this Act to be conducted and a report on the review to be prepared and submitted to the Minister. (2) The review and the report must be completed before the third anniversary of the commencement of this Act. (3) The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report. 49—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) Without limiting the generality of subsection (1), the regulations may— (a) prescribe fines (not exceeding $5 000) for offences against the regulations; and (b) be of general application or vary in their application according to prescribed factors; and (c) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Commissioner or a specified person or body; and (d) make provisions facilitating the proof of matters in proceedings under this Act; and (e) make provisions of a saving or transitional nature consequent on the enactment of this Act. Schedule 1—Repeal and transitional provisions Part 15—Repeal of Police (Complaints and Disciplinary Proceedings) Act 1985 52—Repeal of Police (Complaints and Disciplinary Proceedings) Act 1985 The Police (Complaints and Disciplinary Proceedings) Act 1985 is repealed. Part 16—Transitional provisions 53—Certain orders of Commissioner etc under repealed Act taken to be valid For the purposes of the law of the State, the following actions purportedly ordered or taken under section 40 of the Police Act 1998 or a corresponding previous enactment in respect of a member of SA Police will be taken to be valid, and always to have been valid: (a) a reduction in rank of the member; (b) a reduction in the seniority of the member. 54—Complaints, reports and proceedings under Police (Complaints and Disciplinary Proceedings) Act 1985 (1) A complaint or report made under the Police (Complaints and Disciplinary Proceedings) Act 1985 before the commencement of this clause (being a complaint or report relating to the conduct of a police officer, police cadet or special constable that is not, immediately before the commencement of this clause, the subject of proceedings before the Police Disciplinary Tribunal) will be taken to be a complaint or report under this Act. (2) A complaint or report made under the Police (Complaints and Disciplinary Proceedings) Act 1985 before the commencement of this clause (being a complaint or report relating to the conduct of a protective security officer that is not, immediately before the commencement of this clause, the subject of proceedings before the Protective Security Officers Disciplinary Tribunal) will be taken to be a complaint or report under the Protective Security Act 2007 (as amended by this Act). (3) To avoid doubt, section 16 of the Acts Interpretation Act 1915 applies in relation to proceedings before the Police Disciplinary Tribunal or the Protective Security Officers Disciplinary Tribunal commenced before the commencement of this clause. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation amended by principal Act The Police Complaints and Discipline Act 2016 amended the following: Child Sex Offenders Registration Act 2006 Correctional Services Act 1982 Criminal Law (Forensic Procedures) Act 2007 Freedom of Information Act 1991 Independent Commissioner Against Corruption Act 2012 Listening and Surveillance Devices Act 1972 Parliamentary Committees Act 1991 Police Act 1998 Protective Security Act 2007 Shop Theft (Alternative Enforcement) Act 2000 Telecommunications (Interception) Act 2012 Terrorism (Preventative Detention) Act 2005 Whistleblowers Protection Act 1993 Witness Protection Act 1996 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 2016 60 Police Complaints and Discipline Act 2016 8.12.2016 19.4.2017 (Gazette 19.4.2017 p1101) except ss 3—49, Sch 1 cll 2—6 & 9—54—4.9.2017 (Gazette 29.8.2017 p3794) 2021 5 Statutes Amendment and Repeal (Budget Measures) Act 2021 25.2.2021 Pt 10 (ss 40 to 48) & Pt 15 (ss 65 to 68)—10.10.2022 (Gazette 29.9.2022 p6255) 2021 38 Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 7.10.2021 Sch 1 (cll 44 to 50 & 76)—7.10.2021: s 2 Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 7.10.2021 Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 7.10.2021 s 3

s 3(1)

code of conduct or Code substituted by 5/2021 s 40(1) 10.10.2022 designated officer amended by 5/2021 s 40(2) 10.10.2022 corruption in public administration amended by 38/2021 Sch 1 cl 44(1) 7.10.2021 Independent Commission Against Corruption or ICAC Independent Commissioner Against Corruption or ICAC amended to read Independent Commission Against Corruption or ICAC by 38/2021 Sch 1 cl 44(1) 7.10.2021

amended by 38/2021 Sch 1 cl 44(2), (3) 7.10.2021 maladministration in public administration amended by 38/2021 Sch 1 cl 44(4) 7.10.2021 misconduct in public administration amended by 38/ 2021 Sch 1 cl 44(5) 7.10.2021 s 3(2) amended by 5/2021 s 40(3) 10.10.2022 s 4

s 4(1) amended by 38/2021 Sch 1 cl 45 7.10.2021 s 6

s 6(3) amended by 38/2021 Sch 1 cl 46 7.10.2021 s 7

s 7(1) amended by 5/2021 s 41(1) 10.10.2022 s 7(2) amended by 5/2021 s 41(2) 10.10.2022 s 8 amended by 38/2021 Sch 1 cl 47 7.10.2021 Pt 2

s 10

s 10(3a) inserted by 5/2021 s 42 10.10.2022 s 14

s 14(2) amended by 5/2021 s 43 10.10.2022 s 15 amended by 38/2021 Sch 1 cl 48 7.10.2021

amended by 5/2021 s 44 10.10.2022 Pt 3

s 18

s 18(1) amended by 5/2021 s 45(1) 10.10.2022 s 18(4) amended by 5/2021 s 45(2), (3) 10.10.2022 s 18(5) amended by 5/2021 s 45(4) 10.10.2022 Pt 4

s 21

s 21(2) amended by 5/2021 s 46 10.10.2022 s 26

s 26(1) amended by 5/2021 s 47 10.10.2022 Pt 5

s 29

s 29(1) and (2) amended by 38/2021 Sch 1 cl 49(1) 7.10.2021 s 29(3) amended by 38/2021 Sch 1 cl 49(2) 7.10.2021 Pt 7

s 35

s 35(3) amended by 5/2021 s 48(1) 10.10.2022 s 35(6) amended by 5/2021 s 48(2) 10.10.2022 Pt 8

s 45

s 45(3) amended by 38/2021 Sch 1 cl 50 7.10.2021 Sch 1

Pts 1—14 omitted under Legislation Revision and Publication Act 2002 7.10.2021 Transitional etc provisions associated with Act or amendments Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21 76—Savings and transitional regulations Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act. Statutes Amendment and Repeal (Budget Measures) Act 2021, Pt 15—Savings and transitional provisions 65—Continuation of code of conduct The code of conduct established under section 7 of the Police Complaints and Discipline Act 2016 as in force immediately before the commencement of this section will be taken to continue as the code of conduct for the maintenance of professional standards by designated officers established under section 7(1)(a) of that Act, as enacted by this Act. 66—Continuation of certain investigations of breach of code etc (1) If, before the commencement of this section, the Commissioner caused a matter to be investigated under section 24 of the Protective Security Act 2007 and that investigation had not been completed before that commencement, the matter may continue to be investigated under the Police Complaints and Discipline Act 2016 (as amended by this Act). (2) If, before the commencement of this section, the Commissioner determined under section 28(1) of the Protective Security Act 2007 that a suspected breach of the Code was to be dealt with under that section (whether or not the matter had been referred to a resolution office before that commencement) the matter is to be dealt with under section 18 of the Police Complaints and Discipline Act 2016 (as amended by this Act). (3) However, Part 5 of the Protective Security Act 2007 will be taken to apply in relation to the action that may be taken in relation to an offence or breach of the Code contemplated by this section as if that Part had not been repealed. 67—Continuation of certain directions of Officer for Public Integrity A direction given by the Office for Public Integrity under section 31 of the Protective Security Act 2007 and in force immediately before the commencement of this section— (a) will, on the commencement of this section, continue in accordance with its terms; and (b) will be taken to be a direction of the Office for Public Integrity under section 27 of the Police Complaints and Discipline Act 2016. 68—Abolition of Protective Security Officers Disciplinary Tribunal (1) The Protective Security Officers Disciplinary Tribunal is abolished. (2) To avoid doubt, this section does not limit the operation of section 16 of the Acts Interpretation Act 1915. Historical versions 7.10.2021

1 Police Complaints and Discipline Act 2016

The Act’s architecture rests on a few core concepts that determine how matters move through the system and what powers attach at each stage:

Designated officer: defined to include members of SA Police, police cadets, special constables and police security officers (s 3). That definition determines both who can be complained about and who bears reporting and investigative obligations (eg, ss 10, 12).
Internal Investigation Section (IIS): a distinct unit inside SA Police that conducts assessment, investigation and records actions under the Act and reports directly to the Commissioner (s 5). The IIS has investigatory powers including directions to produce documents and answers to questions (s 21).
Complaint management system: a statutory records system that must contain required information for each complaint or report and to which the ICAC and OPI must have direct and unrestricted access (s 6). Regulations may specify details and limits on access (s 6(4)).
Management resolution: Part 3 creates a non‑formal pathway for certain matters to be resolved by a resolution officer by actions designed to educate or improve conduct rather than punish, and requires procedural steps including informing both the designated officer and complainant, offering conciliation, and recording outcomes (ss 16-20). Management remedies include restrictions on duties, removal or conditions on accreditation, counselling, reprimand, and training (s 18(4)). Time limits and reversal mechanisms for restrictions are specified (s 18(6)-(7)).
Formal disciplinary proceedings: formal pathway where IIS investigates (subject to exclusions), Commissioner commences proceedings by presenting a notice of allegation to the Tribunal (s 22), Tribunal hears contested allegations on the balance of probabilities and, if satisfied, makes findings and remits the matter to the Commissioner to impose sanctions (s 25), and the Commissioner has a broad menu of sanctions (s 26).
Oversight by OPI and ICAC: OPI has supervisory powers including giving written directions to the Commissioner/IIS (s 27), a narrow window (3 business days) to reassess or substitute IIS assessments (s 28), and power to refer matters to ICAC (s 29). ICAC may investigate referred or other matters and, when investigating, is taken to have all IIS powers (s 30).
Confidentiality and publication controls: persons administering the Act are subject to nondisclosure obligations with prescribed exceptions and penalties (s 45). Publication that tends to identify complainants, witnesses or subjects of investigations is prohibited except as authorised; penalties differ between natural persons and corporations (s 46).
Procedural and timing obligations: multiple time-limited duties are embedded throughout (eg, reduce oral complaint to writing within 48 hours s 10(5); refer complaints to IIS within 3 days s 13(1); IIS to record prescribed information on complaint management system within 7 days s 13(5), s 19(3), s 26(4)).
Evidence and compulsion powers with limits: IIS members can direct officers to produce information and answer questions (s 21(4)-(6)), with statutory protections and limits for self‑incrimination and for evidential use (ss 21(11)-(13), 43). The Tribunal has compulsion powers including summons and warrants and penal consequences for noncompliance (s 36).

These concepts structure incentives and choices. For example, management resolution emphasises remedial measures rather than immediate formal sanctions for a subset of matters (ss 16-18). OPI’s power to direct and reassess places an external check on IIS decisions (ss 27-28). ICAC’s jurisdictional overlay means some matters will move from state internal processes to independent corruption investigation (ss 29-30). The Act thus creates a layered governance model: internal investigation with external oversight and stepping stones between informal and formal mechanisms.

Directly affected persons and entities under the Act are specified in the statutory text:

Designated officers (defined in s 3): members of SA Police, police cadets, special constables and police security officers. The Act governs how complaints about their conduct are handled, imposes duties to report misconduct by colleagues (s 12), grants investigative directions to IIS (s 21), and makes them subject to management resolution and formal disciplinary sanction (Parts 3 and 4; s 26).
Commissioner of Police: carries principal operational obligations. The Commissioner must constitute the IIS (s 5), establish and operate the complaint management system (s 6), ensure complainants and designated officers are kept informed (s 9), refer and record complaints and reports (s 13), may decline to act in certain circumstances (s 15), may commence disciplinary proceedings by presenting notice of allegation to the Tribunal (s 22), may suspend officers (s 23), imposes sanctions following Tribunal findings or admissions (s 26), and must comply with directions from OPI (s 27(5)).
Internal Investigation Section (IIS) personnel and members of SA Police assisting IIS: the IIS carries out assessments and investigations (ss 5, 14, 21), makes entries on the complaint management system (ss 6(1), 13(5), 19(3)), gives directions and exercises investigatory powers (s 21(4)-(6)).
Office for Public Integrity (OPI): the Act makes OPI responsible for oversight of assessments and investigations (s 8), empowers OPI to give written directions to the Commissioner or IIS (s 27), to reassess or substitute IIS assessments within a prescribed window (s 28), and to refer matters to ICAC (s 29).
Independent Commission Against Corruption (ICAC): designated as a recipient of referrals from OPI and given powers to investigate and to exercise IIS powers while investigating (ss 29-30); ICAC is also to receive direct access to the complaint management system (s 6(3)) and to prepare an annual report on sanctions (s 31).
Complainants and persons in custody: any aggrieved person may make a complaint (s 10); persons detained in custody have an express right to make complaints and must be assisted (s 11). Complainants are to be kept informed of progress and resolution (s 9).
Police public servants (administrative staff in Commissioner’s Public Service unit): may receive complaints and must refer them to IIS within specified timeframes (s 10(3), s 13).
Tribunal parties: for proceedings before the Police Disciplinary Tribunal the parties are the Commissioner and the designated officer (s 3 definition of “party”), the Tribunal is constituted by a magistrate appointed by Governor (s 33) and has attendant registrar function (s 34).
Wider public and media: publication and disclosure prohibitions (ss 45-46) and offences with specified maximum penalties create obligations and limits on dissemination of information about complaints, investigations and participants.

Secondary or indirect effects arise for other institutions and actors:

Courts and the Administrative and Disciplinary Division of the District Court: hear appeals from Tribunal decisions or Commissioner’s sanction orders (s 32).
Legal advisers, witnesses and union or representative bodies: have defined rights to appear or be present at proceedings, subject to Tribunal discretion and confidentiality rules (s 35).
Employers and agencies that interact with SA Police, or who hire police security officers: matters resolved by management resolution can lead to restrictions on duties, revoked accreditations or conditions (s 18(4)(a)-(b)).

The Act therefore places obligations on both individual officers and institutional actors (Commissioner, IIS, OPI, ICAC) and constrains the behaviour of third parties (publishers, people interacting with complaints) through criminal and civil sanctions for obstruction, false statements, disclosure and publication (ss 41-46). Who bears the costs and compliance efforts? Operational costs and administrative responsibilities fall to SA Police and the Commissioner (establishing IIS, complaint management system, training resolution officers), oversight tasks to OPI and ICAC, legal costs and potential sanctions fall to designated officers subject to proceedings, and complainants or witnesses bear procedural burdens (eg, verification of oral complaints if required by IIS or OPI s 10(6)). The Act also prescribes time and recording duties that impose administrative work on IIS, the Commissioner and resolution officers (ss 13(5), 19(1)-(3), 26(3)-(4)).

The Act creates a set of procedural duties for agencies and rights for involved individuals; principal items follow with section references for precision.

Duties imposed on the Commissioner and SA Police

Constitute and maintain an Internal Investigation Section to carry out investigations under the Act (s 5(1)-(3)).
Establish and maintain a complaint management system and ensure ICAC and OPI have direct and unrestricted access to it (s 6(1)-(3)); record prescribed information for each complaint/report within specified timeframes (s 13(5), s 19(3), s 25(2)(c), s 26(4)).
Keep complainants and designated officers informed about progress and resolution except in specified circumstances involving prejudice to investigation or potential corruption prosecutions (s 9).
Refer complaints received to the IIS within prescribed timeframes (s 13(1)-(2)); comply with OPI directions without undue delay (s 27(5)).
Provide the designated officer with a written notice indicating likely punishment at the time of commencing disciplinary proceedings (s 22(4)).

Duties and powers of the IIS

Assess each complaint or report to determine whether it raises potential corruption, misconduct/maladministration, or other issues warranting OPI referral (s 14).
Investigate referrals unless excluded by specified exceptions, and to carry out inquiries and obtain information, property, documents and other records as required (s 21(1), (3)-(4)).
Direct designated officers to furnish information, produce documents, or answer questions relevant to investigations; such directions take effect as if given by the Commissioner (s 21(5)-(6)).
Record assessment outcomes and investigative information on the complaint management system within prescribed periods (s 13(5), s 21(3)).

Rights, duties and constraints of designated officers

Right to be informed of complaints and of progress/resolution, except where notification would prejudice an investigation or relate to certain excluded complaints (s 9).
Duty to report to IIS or OPI if they reasonably suspect another designated officer of corruption, misconduct or maladministration in public administration; failure without reasonable excuse may be dealt with as breach of discipline (s 12(1)-(3)).
Must comply with IIS directions to produce documents and answer questions unless refusal is on grounds of self‑incrimination; however, refusal without reasonable excuse to comply can itself be the subject of disciplinary action (s 21(5), (10), (12)).
Right to refuse to produce material or answer questions that might tend to incriminate themselves or a close relative, though the Act notes such refusal may lead to disciplinary dealing (s 21(12)).
Procedural rights in formal proceedings: ability to admit or deny allegations within prescribed time and manner (s 24); right to appear personally or by counsel before the Tribunal, and to have certain persons present (s 35).

OPI and ICAC duties and powers

OPI functions include oversight of assessment and investigation of complaints, oversight of enforcement of the Act and referring matters to ICAC (s 8).
OPI may give written directions to the Commissioner, IIS or investigating officers and may require specified information or documents (s 27); must consult with the officer in charge of IIS before giving directions and may vary/revoke directions (s 27(3)-(4)).
OPI may reassess IIS assessments within 3 business days after an assessment entry and may substitute its assessment (s 28).
OPI may refer matters to ICAC; matters so referred are taken to be complaints received under the Independent Commission Against Corruption Act 2012 (s 29).
ICAC may investigate referred complaints and may itself take up other matters; when investigating it has IIS powers (s 30(1)-(4)). ICAC must prepare an annual report on sanctions imposed under s 26 (s 31).

Tribunal, Court and appeal rights

The Police Disciplinary Tribunal hears contested allegations on the balance of probabilities. If satisfied a breach of discipline occurred, it must find so and remit the matter to the Commissioner for sanctions (s 25).
A party may appeal Tribunal decisions to the Administrative and Disciplinary Division of the District Court; a designated officer may also appeal Commissioner-imposed sanctions (s 32). Time for instituting an appeal is one month (s 32(5)).

Procedural and confidentiality rights and limits

Complainants may make complaints orally or in writing and persons in custody must be assisted to make complaints (ss 10-11).
Privacy, confidentiality and publication limits bind persons engaged in administration of the Act (ss 45-46), with criminal penalties for unauthorised disclosures and publication (s 45 maximum penalty $2,500 or 6 months imprisonment; s 46 publication penalties up to $150,000 for bodies corporate and $30,000 for natural persons).

The Act balances investigatory compulsion (IIS directions, Tribunal summons) against explicit protective provisions (self‑incrimination carve‑out, limitations on the use of management‑resolution information in prescribed determinations (s 18(8)-(9)), and rights to appeal). The statutory duties include specific timelines for referrals, recordings and reassessments (eg, 3 days for referral by recipient of a complaint s 13(1); OPI reassessment within 3 business days s 28(1); recording on complaint management system within 7 days s 13(5)), which creates an administrative cadence that affected parties must follow.

The Act creates a mixture of criminal offences, regulatory penalties and administrative sanctions with different enforcing bodies and prescribed maxima. The legislative text enumerates both immediate disciplinary consequences and penal sanctions.

Criminal and statutory offences (with maximum penalties stated in the Act)

Obstruction of complaint or report: a person must not prevent, hinder or obstruct another from making a complaint or report under the Act. Maximum penalty: $10,000 or imprisonment for 2 years (s 41).
False or misleading statements: a person must not knowingly make information that is false or misleading in a material particular in information provided under the Act, nor make a complaint or report knowing there are no grounds. Maximum penalty: $10,000 or imprisonment for 2 years (s 42).
Breach of confidentiality by persons engaged in administration of the Act: unauthorised disclosure of information in relation to a matter that is the subject of a complaint, report, assessment or investigation is an offence. Maximum penalty: $2,500 or imprisonment for 6 months (s 45(1)). There are specified exceptions and authorised disclosures (s 45(2)-(3)).
Publication restrictions: unauthorised publication of information tending to identify subjects, complainants or witnesses, or indicating a person has made or may make a complaint or report, is an offence. Maximum penalties: for bodies corporate $150,000; for natural persons $30,000 (s 46(1)).
Tribunal non‑compliance and misbehaviour: failing without reasonable excuse to comply with a Tribunal summons, produce documents, or misbehaving before the Tribunal is an offence. Maximum penalty: $2,500 or imprisonment for 6 months (s 36(2)).

Enforcement and remedial mechanisms

IIS investigatory powers: IIS members may obtain information, property, documents, and direct designated officers to furnish information or answer questions under s 21(4)-(6). These directions have the force of Commissioner directions for purposes of the Police Act (s 21(6)).
Disciplinary dealing for non‑compliance: a designated officer who refuses without reasonable excuse to comply with IIS directions may be dealt with under the Act for a breach of discipline (s 21(10)(a)). A designated officer who furnishes knowingly false or misleading information to IIS may be dealt with for breach of discipline (s 21(10)(b)).
Suspension powers: Commissioner may suspend an officer’s appointment where the officer is charged with an offence or when a notice of allegation is or is to be served (s 23(1)). Suspension is by default with remuneration (s 23(2)) but may be without remuneration when Commissioner believes continuing pay would bring SA Police into disrepute (s 23(3)). Suspensions tied to a notice of allegation that is not served within 24 hours are revoked (s 23(4)); revocation after acquittal or dismissal triggers payment of withheld remuneration and counting the period as service (s 23(5)-(6)).
Disciplinary sanctions by Commissioner: following conviction, admission, or Tribunal finding, the Commissioner may impose a range of sanctions including termination, suspension, transfer, reduction in rank or seniority, reduction in remuneration (subject to regulatory caps), fines (subject to regulation), recorded or unrecorded reprimand, counselling, education and training, or other regulatory action (s 26(1)(d)-(n)). For members of SA Police transferred for less than 12 months, a right to return exists (s 26(2)).
Tribunal powers: the Tribunal may hear proceedings in private, summon witnesses, inspect and retain documents, take oaths, and require answers to relevant questions (s 36(1)). The Tribunal’s findings on the balance of probabilities bind the proceeding and must be remitted to the Commissioner for sanction (s 25(2)).
OPI directions and enforcement: OPI may give written directions to the Commissioner, IIS or investigating officers (s 27). The Commissioner must ensure these directions are complied with without undue delay (s 27(5)). The OPI may vary or revoke its directions (s 27(4)).
ICAC investigations and powers: ICAC can investigate matters referred by OPI and can exercise IIS powers while investigating; ICAC may also direct the Commissioner in relation to matters referred (ss 29-30).

Administrative reporting and transparency

Recording obligations on the complaint management system and reporting duties mean actions taken, findings and sanctions are recorded and subject to oversight by OPI and ICAC (eg, s 31 requires ICAC annual report on number and nature of sanctions).

Penalties and enforcement are distributed across administrative (Commissioner sanctions), investigatory (IIS and ICAC powers), oversight (OPI directions and reassessments) and criminal law (statutory offences for obstruction, false statements and disclosure/publication offences). The Act thus combines internal discipline with criminal deterrents and independent oversight, and creates procedural mechanisms (s 27, s 28, s 29) to direct and check how matters are handled.

The Act defines its relationship with several other legislative instruments and expressly imports meanings and operational connections.

Non-derogation and interaction clauses

The Act expressly states it is in addition to, and does not derogate from, the Independent Commission Against Corruption Act 2012 and the Police Act 1998 (s 4(1)-(2)). That is, the Act operates alongside the Independent Commissioner/ICAC framework and the Police Act regime, rather than replacing or reducing those statutes’ operative scope.

Cross-references and shared definitions

Several terms are cross-referenced to the Police Act 1998; the Act adopts Police Act definitions for Commissioner, member of SA Police, police cadet, police security officer, SA Police and special constable (s 3(2)). The Act thus relies on the Police Act for certain personnel definitions and underlying employment structures.

OPI and ICAC statutory interfaces

The OPI is created under the Independent Commissioner Against Corruption Act 2012 and the Act assigns the OPI supervisory functions under this statute (s 8). OPI’s powers under this Act (directions, reassessments, referrals) interface directly with ICAC functions and the ICAC Act; a complaint or report referred under s 29 is taken to be a complaint or report received under the Independent Commission Against Corruption Act 2012 (s 29(2)). ICAC may investigate referred matters and exercise IIS powers during those investigations (ss 29-30).

Use of evidence obtained under other Acts

Section 43 permits evidence or information lawfully obtained under this Act or any other Act to be admissible in Tribunal proceedings and to be used in management resolution or formal proceedings, subject to principles of equity and appropriateness (s 43(1)(a)-(b)). It also protects persons from civil or criminal liability for authorised uses of that information (s 43(2)). That provision explicitly bridges investigative activity under other statutes and the Tribunal/processes under this Act.

Limitations on divulging information

Section 44 limits compulsory disclosure by persons engaged in administration/enforcement of this Act or the repealed Act, except in defined circumstances including court proceedings, Royal Commission inquiries, by ICAC or OPI or by court order on special reasons (s 44). This clause sets a legal boundary against compelled disclosure that might otherwise be available under general discovery or other statutory provisions.

Protective Security Act and prior law

Schedule 1 repeals the Police (Complaints and Disciplinary Proceedings) Act 1985 (Sch 1 Pt 15, cl 52) and includes transitional provisions that treat pre-existing complaints and proceedings under the old Act as continuing under the new Act or, for protective security officers, taken to the Protective Security Act 2007 as amended (Sch 1 Pt 16). The Act’s transitional rules therefore preserve the legal continuity of matters begun under the prior regime (Sch 1, cls 53-54).

Regulations and delegated legislation

Section 49 grants the Governor power to make regulations necessary or expedient for the Act, including prescribing fines and permitting delegation of determinative matters to the Minister, Commissioner or other specified persons (s 49(2)(a), (c)). This creates an interface with delegated law for operational detail and potential caps (eg, amounts of fines or remuneration reductions referenced in s 26 are prescribed by regulation).

Appeals and courts

Appeals from Tribunal decisions are to the Administration and Disciplinary Division of the District Court as defined in s 32. The Tribunal may also refer questions of law to the Supreme Court (s 38). Thus the Act sits within the ordinary judicial appellate structure.

Other legislative amendments and consequential changes

The Act’s legislative history shows it amended and was later amended by multiple statutes including the Statutes Amendment and Repeal (Budget Measures) Act 2021 and the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, and it amended a number of other Acts (eg, Freedom of Information Act 1991, Whistleblowers Protection Act 1993) as listed in the Act’s legislative history. Those cross-amendments indicate the Act’s provisions have been adjusted to align with changes in related administrative and oversight frameworks.

Operational consequence

Practically, the Act is designed to operate in a layered enforcement environment where internal police disciplinary structures, OPI oversight, and ICAC corruption investigation powers interact. The statutory provisions allocate decision‑making rights (eg, Commissioner to impose sanctions s 26; Tribunal to find breaches s 25; OPI to direct and re‑assess s 27-28; ICAC to investigate and use IIS powers s 30), while the non‑derogation clauses maintain concurrent roles under the ICAC Act and the Police Act (s 4). The admitted ability to use evidence obtained under other Acts in Tribunal proceedings (s 43) facilitates cross‑statutory investigations but is constrained by equity and appropriateness tests in that section.

The Act’s legislative history is recorded at the end of the text and identifies the principal enactment and subsequent amendments, with dates of assent and commencement for particular provisions.

Key legislative milestones recorded in the Act text:

Police Complaints and Discipline Act 2016 (No 60 of 2016): assented 8 December 2016. Commencement: most provisions commenced 19 April 2017 (Gazette 19.4.2017 p1101), with ss 3-49 and Schedule 1 clauses 2-6 & 9-54 commencing 4 September 2017 (Gazette 29.8.2017 p3794). The 2016 Act is the principal Act establishing the framework described in the preceding sections.
Statutes Amendment and Repeal (Budget Measures) Act 2021 (No 5 of 2021): assented 25 February 2021. Particular commencement: Part 10 (ss 40 to 48) and Part 15 (ss 65 to 68) commenced 10 October 2022 (Gazette 29.9.2022 p6255). The legislative history notes specific amendments enacted by this statute in various sections; for example, s 3 definitions (code of conduct or Code, designated officer) were substituted or amended by 5/2021 with commencement 10.10.2022 (see table).
Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 (No 38 of 2021): assented 7 October 2021. Various amendments in Sch 1 took effect 7 October 2021 (s 2). The legislative history lists amendments to definitions (corruption in public administration, ICAC naming, maladministration/misconduct meanings) and to substantive provisions (s 4(1), s 6(3), s 8, s 15, s 29) effected by 38/2021 Sch 1 cll 44-50 with commencement 7.10.2021 for those clauses.

Specific amended provisions and commencement notes (as set out in the legislative history table):

s 3: several definitions were amended by 5/2021 s 40 on 10.10.2022 and by 38/2021 Sch 1 cl 44 on 7.10.2021 for other terms.
s 4(1) was amended by 38/2021 Sch 1 cl 45 on 7.10.2021.
s 6(3) was amended by 38/2021 Sch 1 cl 46 on 7.10.2021.
s 7(1) and 7(2) were amended by 5/2021 s 41 on 10.10.2022.
s 14(2) was amended by 5/2021 s 43 on 10.10.2022.
s 15 was amended by 38/2021 Sch 1 cl 48 on 7.10.2021 and further amended by 5/2021 s 44 on 10.10.2022.
s 18(1), (4), (5) were amended by 5/2021 s 45(1)-(4) on 10.10.2022.
s 21(2) was amended by 5/2021 s 46 on 10.10.2022.
s 26(1) was amended by 5/2021 s 47 on 10.10.2022.
s 29 amendments: ss 29(1) and (2) amended by 38/2021 Sch 1 cl 49(1); s 29(3) amended by 38/2021 Sch 1 cl 49(2); both with commencement 7.10.2021.
s 35(3) and s 35(6) were amended by 5/2021 s 48 on 10.10.2022.
s 45(3) was amended by 38/2021 Sch 1 cl 50 on 7.10.2021.

Transitional and saving provisions (Statutes Amendment and Repeal (Budget Measures) Act 2021, Pt 15)

The 2021 budget measures Act included transitional provisions to preserve the code of conduct established under s 7 as in force immediately before commencement (cl 65), continuation of certain investigations and directions carried over from the Protective Security Act 2007 (cl 66-67), and abolition of the Protective Security Officers Disciplinary Tribunal with related savings (cl 68), with specific commencements noted as 10.10.2022 for the relevant parts.

Schedule 1 (repeal and transitional provisions)

Schedule 1 contains the repeal of the Police (Complaints and Disciplinary Proceedings) Act 1985 (cl 52) and transitional provisions treating pre‑commencement complaints and proceedings under the old Act as complaints or proceedings under the new Act or under the Protective Security Act 2007 where relevant (cls 53-54).

Notes

The Act’s legislative history table records further amendments and indicates which provisions were omitted or substituted under the Legislation Revision and Publication Act 2002 and by subsequent amending Acts. The Act’s text includes a “Legislation amended by principal Act” list and a “Provisions amended” table that identifies precise clauses amended, by which amending statute, and respective commencements. Practitioners must consult the statutory revision history and any current consolidated version for the operative text and dates for a given provision because some amendments commenced at later, specified dates.

The Act’s text as provided contains no case law or reported decisions. The only entries in the document under “Litigation history” are the administrative notes about revision and versioning. No Tribunal, Court or appellate decisions are cited in the statutory text supplied, and no litigation outcomes are summarised in the Act itself.

Practical consequence

The absence of reported litigation in the statutory text is a factual observation about the source material. For practitioners, this means that at the time of the version provided there are no judicially authored interpretations, precedent clarifying statutory ambiguities or reported appeal decisions captured within the Act’s legislative history. Any interpretation of procedural obligations, evidentiary use, the scope of OPI/ICAC powers, or the operation of management resolution versus formal proceedings will therefore need to rely on the statutory language and any subsequent Tribunal or court decisions not recorded in the statutory text. Users should search Tribunal records, District Court Administrative and Disciplinary Division decisions, and ICAC/OPI reports for operational guidance and any judicial construction post‑dating the Act’s text.

The statute contains procedural traps and interaction points that create risks or complex compliance choices. The following are items where the statutory text imposes constraints, creates potential trade‑offs or requires careful operational handling; each point cites the governing provision.

Mandatory reporting duty for designated officers, and disciplinary risk for non‑compliance (s 12)

A designated officer who reasonably suspects corruption, misconduct or maladministration by another designated officer must report the suspicion to IIS or OPI “as soon as reasonably practicable (but in any event within 7 days)” and in a form determined by IIS/OPI; failure without reasonable excuse may be dealt with as a breach of discipline (s 12(1)-(3)). Practical hazard: the duty is time‑bounded and prescriptive about form, creating procedural exposure for officers who delay, fail to follow form requirements or who make partial reports.

Compulsion to furnish information and the self‑incrimination paradox (s 21)

IIS can direct a designated officer to furnish information, produce documents or answer questions (s 21(5)). Although a designated officer may refuse to answer on the ground it may tend to incriminate the officer or a close relative (s 21(12)), subsection 21(10)(a) also provides that refusal without reasonable excuse may be dealt with for a breach of discipline. That sets up potential tension: exercising the statutory right to silence may generate exposure to disciplinary proceedings. The Act does not in terms address use immunity or collateral consequences for invoking self‑incrimination in relation to disciplinary outcomes; practitioners must attend to the dual application of criminal and disciplinary rules.

Management resolution confidentiality and exception for pattern use (s 18(8)-(9))

Information obtained in the course of management resolution is not to be used in relation to prescribed determinations (eg, promotions, awards) (s 18(8)). However, an exception permits use where the Commissioner is of the opinion the officer has engaged in a pattern of unsatisfactory conduct or performance and considers it appropriate to use that information in a prescribed determination, after giving the officer an opportunity to express views (s 18(9)). Operational gotcha: management‑resolution findings are meant to be non‑prejudicial for career advancement but permit a commissioner‑determined exception where pattern is found, meaning that record‑keeping and the Commissioner’s judgment can affect future employment outcomes.

Short time windows for recording and reassessment (ss 13(5), 19(3), 28(1))

The Act requires recording of prescribed information on the complaint management system within defined short periods (eg, officer in charge of IIS to record information within 7 days s 13(5); OPI may reassess within 3 business days after an IIS assessment is entered s 28(1)). These operational deadlines create administrative burden and potential non‑compliance exposure if systems or processes do not meet them.

OPI directions binding but only after consultation (s 27)

OPI may issue written directions to the Commissioner/IIS but the Act requires consultation with the officer in charge of IIS before issuing a direction (s 27(3)). The consultation requirement may slow urgent directions; conversely, OPI directions are binding and the Commissioner must ensure compliance without undue delay (s 27(5)), concentrating responsibility for operational changes on the Commissioner.

Suspension revocation if notice not served (s 23(4))

A suspension in relation to a notice of allegation not yet served is treated as revoked if the notice is not served within 24 hours (excluding weekends and certain public holidays) (s 23(4)). This is a discrete timing rule with real implications for operational handling of suspensions tied to notices of allegation, where administrative missteps could create automatic revocations.

Public and publication restrictions with significant penalties (ss 45-46)

The Act criminalises unauthorised disclosure by persons engaged in administration (s 45) and prohibits certain public communications (s 46) with substantial corporate and individual fines. Media, publishers and agencies must engage carefully with authorisations; the scope of permitted disclosure includes specific statutory exceptions (eg, administration/enforcement purposes, criminal proceedings, court orders, medical/representation needs) but otherwise the prohibitions are broad.

Commissioner’s procedural obligation to advise OPI but failure not invalidating (s 22(2))

Before presenting a notice of allegation to the Tribunal, the Commissioner must advise OPI and have regard to any submission by the OPI; nevertheless, failure to comply “will not, of itself, invalidate a notice of allegation” (s 22(2)). That creates a procedural duty with a weak remedy; non‑compliance does not void the notice, which could complicate fairness/process challenges.

Narrow limits on who can receive a complaint (s 10(3a))

A complaint about a designated officer who is not a police security officer cannot be made to a designated officer who is a police security officer (s 10(3a)). This constraint may be overlooked operationally and affects complainant routing.

No judicial decisions in the statute

The Act text supplied contains no case law or litigious interpretive history, so statutory ambiguities will need to be litigated or resolved administratively until case authority develops.

These “gotchas” are concrete operational traps embedded in the text: short statutory timeframes, overlapping duties (eg, to produce information vs self‑incrimination), record‑use limits with exceptions, and strong confidentiality/publication rules with substantial penalties. Each requires process design, training and record‑keeping controls for SA Police, IIS, OPI and for legal advisers advising designated officers and complainants.

This section gives a compliance checklist keyed to the Act’s specific duties and timelines and identifies practical steps for SA Police, IIS, resolution officers, designated officers, OPI/ICAC liaison and external actors.

For the Commissioner and SA Police (operational owners)

Constitute and maintain an Internal Investigation Section (IIS) that is structurally separate and that the officer in charge can report directly to the Commissioner (s 5(1)-(3)). Ensure IIS resourcing allows timely assessment and investigation.
Establish and operate the complaint management system required by s 6. The system must: record required information for each complaint/report (s 6(2)(a)); comply with regulations (s 6(2)(b)); allow direct and unrestricted access by ICAC and OPI (s 6(3)). Document access controls and audit logs to demonstrate compliance; if regulations limit access, ensure regulations are followed (s 6(4)).
Implement processes to receive complaints in writing or orally and to provide materials to assist complainants who wish to make written complaints (s 10(4)). Train staff so oral complaints are reduced to writing within 48 hours (s 10(5)). Put verification procedures in place for oral complaints where IIS or OPI requires confirmation (s 10(6)).
Create and publish internal guidance and forms for mandatory reporting by designated officers: a reporting form and clear instructions for reporting to IIS or OPI “as soon as is reasonably practicable” and within 7 days (s 12(1)-(2)). Retain records of any reasonable excuses for delays to support defensibility against disciplinary claims for failure to report (s 12(3)).
Ensure referral protocols: designated officers or police public servants who receive complaints must refer them to IIS within 3 days (s 13(1)-(3)). IIS must record required information on the complaint management system within 7 days of receipt (s 13(5)). Operationalise these timelines with workflow automation and escalation rules.
Designate and train “resolution officers” and prepare standard operating procedures for management resolution (Part 3). Ensure resolution officers follow s 18(2) procedural steps: inform the designated officer of the complaint, allow submission of relevant information, contact complainant and explain the management resolution process and possible outcomes, and attempt conciliation if appropriate (s 18(2)-(3)). Maintain auditable records and produce management resolution reports in line with s 19(1)-(3).
Prepare templates and processes for issuing the written notice of likely punishment when commencing proceedings (s 22(4)), and a compliant notice of allegation under any regulatory requirements (s 22(6)-(7)). Track the 24‑hour rule for suspensions linked to unserved notices of allegation (s 23(4)).
Implement IIS powers carefully: when directing officers to produce documents or answer questions (s 21(5)), ensure directions comply with s 21(7) procedural notice requirements and document reasonable grounds if notice is withheld under s 21(9). Ensure legal counsel is involved where self‑incrimination issues arise because refusal under s 21(12) may itself attract disciplinary dealing (s 21(10)).
Comply with OPI directions promptly and document consultation with officer in charge of IIS where OPI directions are issued (s 27(3)-(5)). Ensure a mechanism exists for rapid entry of assessments on the complaint management system because OPI has a 3 business day window to reassess or substitute the IIS assessment under s 28(1).
Maintain confidentiality practices consistent with ss 44-46: limit disclosure of investigation information, log authorised disclosures under s 45(2) exceptions, and ensure any publication is authorised by Commissioner, ICAC, OPI or court (s 46).

For IIS and resolution officers

Follow the statutory assessment criteria in s 14 when classifying matters as potential corruption (for ICAC), misconduct/maladministration or matters for OPI referral. Maintain contemporaneous assessment records to evidence compliance with s 14(3).
When engaging in management resolution, record outcomes and provide the required report to IIS and the designated officer (s 19). Do not use management resolution information in prescribed determinations unless the Commissioner follows the s 18(9) procedure.
Track the 3‑day and 7‑day recording obligations in ss 13 and 19; set automatic alerts for missed recording timeframes.

For designated officers

Comply with s 12 reporting obligations and advise counsel if uncertain about whether a suspicion meets the threshold to report. Keep contemporaneous notes of the basis for any report or for a decision not to report under a “reasonable excuse”.
If directed by IIS to produce documents or answers (s 21(5)), obtain legal advice about invoking self‑incrimination protections (s 21(12)) and the potential disciplinary consequences of refusal (s 21(10)). Consider seeking legal representation when served with an IIS direction or notice of allegation.
Use the admission/denial procedures in s 24 in the manner and timeframe prescribed by regulation; consider early legal advice before admitting an allegation because an admission is a basis for Commissioner sanctions under s 26.

For OPI and ICAC coordination

OPI must establish clear templates and forms for directions, reassessments and referrals to ICAC and keep records of consultations with officer in charge of IIS as required under s 27(3) and s 28(2).
ICAC should ensure liaison mechanisms exist with IIS and Commissioner to notify the Commissioner when investigating (s 30(3)), and to exercise IIS powers lawfully when investigating (s 30(4)).

For complainants and persons in custody

Ensure processes exist to assist persons in custody to make complaints (s 11). If the complainant is assisted to make an oral complaint, ensure the receiving officer reduces it to writing within 48 hours as required by s 10(5) and obtains verification if required by IIS/OPI (s 10(6)).

Recording, audit and reporting

Ensure the complaint management system has audit trails, access logs and role‑based controls to demonstrate compliance with access requirements and to show when records were entered/updated within the statutory timeframes (s 6, s 13(5), s 19(3)).
Prepare to provide information to ICAC for its annual sanctions report under s 31 as requested; maintain data fields to support ICAC reporting requirements.

Training, policy and governance

Train all staff on confidentiality obligations (s 45), publication prohibitions (s 46), offences for obstruction and false statements (ss 41-42), and the difference between management resolution and formal processes, including consequences of admissions.
Update internal policies to reflect the revised code-of-conduct regime (s 7) and changes made by subsequent amendments (see legislative history), and ensure procedural manuals reflect current regulation‑prescribed requirements.

Audit trail for appeals and Tribunal process

Retain full records of notices of allegation, IIS investigations, management resolution reports and Commissioner sanction decisions to facilitate appeals under s 32 and to produce reasons for decisions where requested by parties, ICAC or OPI within 7 days after Tribunal decision (s 40).

Practical checklist summary (minimum compliance items)

Establish IIS and complaint management system with ICAC/OPI access (s 5-6).
Train front‑line staff to reduce oral complaints to writing within 48 hours and provide materials for written complaints (s 10(4)-(5)).
Implement 3‑day referral and 7‑day recording workflows (ss 13(1), 13(5)).
Implement forms and training for mandatory reporting by designated officers within 7 days (s 12).
Document and respond to OPI directions in writing and consult with IIS officer in charge as required (s 27).
Ensure management resolution follows s 18 confidentiality and non‑use rules and record outcomes (s 18(8)-(10), s 19).
Prepare suspension and notice of allegation workflows to respect 24‑hour rule and remuneration determinations (s 23(2)-(4)).
Ensure legal advice availability for officers facing IIS directions or notices, particularly for self‑incrimination and admission decisions (s 21(12), s 24).
Maintain confidentiality, authorised disclosures and publication controls (ss 45-46).
Keep data to support ICAC annual report obligations (s 31).

Adopting these operational controls maps statutory duties to administrative processes. Practitioners advising organisations should document compliance steps and record decisions and the statutory basis for them to reduce exposure to penal or disciplinary challenge.

Police Complaints and Discipline Act 2016

Plain English Summary

Deep Dive

What it does

Current sections

Police Complaints and Discipline Act 2016

Source text: opening excerpt

1 Police Complaints and Discipline Act 2016

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

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How to comply