Police Regulations 2014

The regulations define several key concepts. An "employee" is a member of SA Police or a police cadet (regulation 3). "Employee in the department" is broader and includes a member, police cadet, police medical officer, special constable, police security officer, or anyone employed in or performing duties in the department (regulation 3). "Test subject" for drug and alcohol testing means a member of SA Police, a police cadet or a police security officer required to undergo testing under section 41B of the Act, or an applicant to whom section 41C(1) applies (regulation 29). "Prescribed drug" means cocaine, delta-9-tetrahydrocannabinol, diacetylmorphine, methylamphetamine, and 3,4-methylenedioxymethamphetamine (MDMA) (regulation 29). "Prescribed concentration of alcohol" is 0.02 grams or more of alcohol in 100 millilitres of blood (regulation 29). The structure of SA Police ranks is set out in regulation 4, starting with Commissioner and descending through Deputy Commissioner, Assistant Commissioner, Commander, Chief Superintendent, Superintendent, Chief Inspector, Inspector, Senior Sergeant, Sergeant, Senior Constable First Class, Senior Constable, and Constable. Relative seniority is determined by rank first, then continuous time in rank, and finally by Commissioner's order (regulation 5). A "merit pool" is a pool established under regulation 48 from which members may be appointed to prescribed promotional positions or prescribed officer positions (regulation 46). "Prescribed officer position" means a position of or above the rank of chief inspector and of or below Assistant Commissioner (regulation 46). For property management, "found property" means any personal property that has been lost and whose owner is unknown at the time it is found (regulation 68). "Unclaimed property" is property in custody for at least two months where no owner appears, cannot be located, or has not exercised the right to recover; for found property, additional conditions apply regarding the finder's claim period (regulation 68). A "prisoner" is a person accepted into custody at a police station (regulation 81). A "responsible officer" for a police station is the officer in charge or a designated officer (regulation 81). "Additional duties" for police security officers are those set out in regulation 95A, including guarding persons in custody, conveying children under guardianship, guarding crime scenes, and recovering stolen vehicles. The concept of "terrorism intelligence" is defined through the classification procedures in regulation 89A, with certain offences prescribed as terrorist offences for the purposes of the Act.

The regulations directly affect all members of SA Police at every rank, from constable to Commissioner. Police cadets are also covered, particularly in relation to drug and alcohol testing (Part 7) and employee history (Part 11). Police security officers are significantly affected by Part 16, which confers additional duties and powers of detention, and by the drug and alcohol testing regime (the definition of test subject includes police security officers). Special constables and police medical officers are included in the definition of "employee in the department" and are subject to the oath or affirmation requirements in Schedule 3. Persons applying for initial appointment as an employee or police medical officer are affected by the selection processes and standards under regulation 8. Applicants for appointment under section 23 of the Act to a position of or above senior constable may be appointed if no suitable applicants exist after an advisory committee process (regulation 9). Former employees in the department are affected by the continuing offence under regulation 93, which prohibits use or disclosure of information gained through employment that would constitute an offence or breach of the Code if the person were still employed. Former police security officers face a similar prohibition under regulation 102. The general public and specifically property owners and finders are affected by Part 13, which governs the handling, investigation, sale, destruction and return of property in police custody. Prisoners held at police stations are affected by Part 14, which sets out search procedures, property handling, medical assistance rights, and interview restrictions. Persons who claim to be owners of property in police custody are affected by the time limits and procedures for recovery. Other State and Territory law enforcement agencies are affected by the terrorism intelligence provisions: SA Police, Northern Territory Police, Victoria Police, and the Victorian Corrections Commissioner are designated as terrorism intelligence authorities (regulation 89A). The Police Review Tribunal and SAET are affected by the grievance and review provisions in Part 10.

The most fundamental duty is imposed by regulation 10: every member of SA Police must use all lawful means to uphold the law, preserve the peace, prevent crime, and carry out other SA Police functions, and must ensure all employees under command perform duties efficiently and properly. Members on duty together must follow the senior member's orders, subject to Commissioner directions (regulation 6). Members on duty with other department employees who have been given charge must also comply (regulation 7). In drug and alcohol testing, test subjects have the right not to be tested more than eight hours after coming off duty or after a critical incident or high-risk driving occurrence (regulation 31(1), 36(1)). They have the right to provide a sample in private for urine testing (regulation 33(1)(a)). They may request an approved blood test kit after a breath analysis indicating alcohol (regulation 41(4)(b)) and must follow procedures for voluntary blood tests (regulation 39). Test subjects may arrange for independent analysis of their biological sample (regulation 42). They are entitled to receive a copy of the analyst's certificate (regulations 35(4), 39(o)). In breath analysis, the result is taken as the lower concentration reading (regulation 38(4)). Test subjects must not refuse to comply with reasonable directions during testing (regulation 38(1)). In grievance processes, members aggrieved by a section 47 transfer may apply to the Commissioner within 14 days (regulation 52). Members aggrieved by a selection decision notified in the Police Gazette may apply within 14 days (regulation 53). The Commissioner must decide within 28 days (regulation 53(4)). Members have rights to apply for review to SAET (for termination within 28 days, regulation 54(1); for transfer within 14 days, regulation 54(2)) or to the Police Review Tribunal (for selection decisions within 7 days, regulation 54(3)). Employees have the right to access their history and obtain a copy (regulation 57). They may apply to have entries relating to punishment removed after five years with no further entries (regulation 56). Employees are entitled to recreation and sick leave as per the award (regulation 61, for officers). Special sick leave for war service disabilities is available (regulation 62). Compassionate leave on death of a closely related person may be granted (regulation 63). The Commissioner may grant special leave (regulation 64). Leave for armed forces service is available (regulation 65). A leave bank arrangement may be established (regulation 66). Prisoners have the right to be searched, to have property recorded and receipted, to medical assistance if ill or injured, to private legal and medical advice, and to meet consular representatives (regulations 82-85). Prisoners may request a specified medical practitioner (regulation 85(2)). Finders of property have the right to claim found property within 42 days but cannot receive it until it has been in police custody for at least two months (regulation 75). The finder does not obtain title against the true owner until five years after return (regulation 75(2)(a)). Police security officers performing additional duties under Part 16 have the power to detain any person they find committing, or have reasonable cause to suspect of having committed or being about to commit, an offence (regulation 96). They may use reasonable force (regulation 97(4)). Persons detained by police security officers must be delivered to a police officer as soon as reasonably practicable (regulation 97(1)). If custody is refused, the police security officer must ensure the person is returned to the place of detention or delivered to a reasonably nominated place (regulation 97(2)).

The regulations create specific offences with penalties. A former employee in the department who uses or discloses information gained through employment that would constitute an offence or breach of the Code if still employed commits an offence with a maximum penalty of $1,250 (regulation 93). A former police security officer (or former protective security officer) who uses or discloses information gained through appointment commits an offence with the same penalty (regulation 102). Both offences have a defence if the person proves lawful authority or excuse (regulations 93(2), 102(2)). For drug and alcohol testing, the regulations provide a detailed evidentiary framework. Certificates signed by authorised members, analysts, sample collectors, and medical practitioners are, in the absence of proof to the contrary, proof of the matters certified (regulation 41). This includes certificates as to the proper operation of breath analysing instruments, the results of analysis, the fact that a test subject submitted to a test or refused to comply, and the presence of prescribed drugs in samples. A certificate of an analyst that a prescribed drug was found in a sample is presumed to mean the drug was present when the sample was taken (regulation 41(14)). The breath analysis reading is rebuttable only by evidence of a blood test taken within four hours and dealt with under the procedures (regulation 41(2)). Failure to comply with reasonable directions during testing, including refusing to exhale or provide a sample, is itself a matter that may be proved by certificate (regulation 41(11)). The regulations do not set out the penalties for such failure; those would be under the Act (section 41B or 41C) or disciplinary provisions. For property, the Commissioner has broad powers to sell, destroy, or otherwise dispose of unclaimed property (regulation 76), and the proceeds after expenses are paid into a prescribed account, then after six months into the Consolidated Account (regulation 78). Good title passes to a buyer under Part 13 (regulation 77). An employee is liable for loss of or damage to equipment issued to them if caused by their negligence (regulation 92). Similarly, a police security officer is liable for loss or damage to equipment due to their negligence (regulation 101). For prisoners, there is no specific penalty in the regulations for non-compliance, but the provisions impose duties on responsible officers and members; breach could lead to internal discipline or civil liability. The regulations also require the Commissioner to ensure destruction of biological samples taken for drug and alcohol testing once disciplinary proceedings are finalised or not commenced (regulation 43).

The regulations are made under the Police Act 1998 and must be read consistently with it. Many provisions cross-reference the Act: for example, regulation 9 refers to section 23(2)(b) of the Act for appointment of non-members to positions of or above senior constable. The drug and alcohol testing Part is made under Part 6 Division 2 of the Act; references to "the Act" in that Part are to the Police Act 1998, not the road traffic law. The regulations explicitly state they apply subject to any other Act or regulation (regulation 67(1) for Part 13 on property), but also override the Unclaimed Goods Act 1987, which does not apply to the sale, destruction or disposal of property under Part 13 (regulation 67(2)). The regulations incorporate by reference the Road Traffic Act 1961 for the definition of "approved blood test kit" and for approval of alcotest apparatus (regulation 29, 41(6)). The Road Traffic Act also supplies the evidentiary value of breath analysis certificates in road traffic context, though here they apply for police disciplinary purposes. The regulations adopt the Summary Offences Act 1953 for prisoner obligations: regulation 99 applies section 82A of that Act to police security officers as if references to police officer were references to the security officer. The regulations also prescribe offences under the Criminal Law Consolidation Act 1935 (section 83CA, Part 3D) and the Summary Offences Act 1953 (section 37) as terrorism offences for the purposes of the Act's definition (regulation 89A(6)). For leave, the regulations refer to the Police Officers' Award for entitlement to rest days and sick leave for officers (regulation 61). The Bail Act 1985, the Summary Offences Act 1953, and the Young Offenders Act 1993 are referenced in the prisoner provisions as laws concerning persons in custody (regulation 85). The regulations also cross-reference the Health Practitioner Regulation National Law for definitions of medical practitioner and registered nurse (regulation 29). For property, the regulations refer to the Development Act 1993 for the definition of Metropolitan Adelaide (regulation 81). The terrorism intelligence provisions require compliance with Department of the Premier and Cabinet Circular PC030 or any substitute (regulation 89A(5)). The regulations are not intended to limit the Commissioner's ability to impose limitations on police security officers' powers under section 63O of the Act (regulation 95(2)), nor do they derogate from any other powers under the Act or other law (regulation 95(3)). The grievance and review rights in Part 10 are subject to the time limits and procedures that interact with the jurisdiction of SAET and the Police Review Tribunal as established by the Act.

The regulations have been amended frequently since commencement on 1 September 2014. The first amendment occurred on 25 September 2014 (Gazette 246/2014), which substituted the form of oath or affirmation in Schedule 3 and omitted regulation 2. Part 5 and Part 6 were deleted by amendment 262/2017, which also amended regulation 5, deleted regulation 50, deleted Schedule 2, and made other changes effective 4 September 2017. Regulation 29A was inserted by 23/2019 on 1 April 2019, approving Securetec Drugwipe S as an approved apparatus for drug screening tests. The same amendment substituted the definition of prescribed drug and replaced regulations 30(2)-(3), 31, and made changes to regulation 32 and 41. On 26 February 2018, regulation 89A was inserted (Gazette 40/2018) to provide for terrorism intelligence classification and procedures. That provision was later substituted and amended by 214/2019 on 26 September 2019, adding prescribed offences from other jurisdictions. Regulation 90(2) was deleted by 262/2017. Schedule 1 was substituted multiple times (2015, 2016, 2017, 2018, 2019) before being deleted by 191/2020. Part 9 was completely substituted by 56/2021 on 1 July 2021, establishing the current merit pool framework. Part 16 was inserted by 90/2022 on 10 October 2022, enabling police security officers to perform additional duties. That amendment also amended the definition of employee in the department, test subject, and various provisions in Part 10 (regulations 53 and 54) and Part 13 (regulation 68). The most recent amendments shown are by 7/2026 on 29 January 2026, which substituted the definition of additional duties, deleted regulation 95(4), inserted regulation 95A, amended headings and text of regulations 96, 97, 98, and updated the oaths in Schedule 3 to refer to King Charles III. The legislative history records numerous other variations, including changes to Schedule 3 forms to update the sovereign reference.

The regulations themselves do not cite any decided cases. However, they establish several mechanisms that have likely generated tribunal and court proceedings: the grievance processes under Part 10, including applications to SAET for review of termination decisions (section 48 of the Act) or transfer decisions (section 52), and applications to the Police Review Tribunal for review of selection decisions (section 55) or merit pool decisions (regulation 49). The time limits are strict: 28 days for termination review, 14 days for transfer review, 7 days for selection review (regulation 54). The Police Review Tribunal must hear and determine selection reviews within 28 days (regulation 54(6)), and merit pool reviews within 28 days (regulation 49(7)). The regulations expressly prevent review of certain decisions: decisions relating to establishment or size of merit pools, ranking of members, or selection from within a merit pool are not reviewable under regulation 49(8). The right of review under section 55 of the Act does not apply to decisions to appoint from a merit pool (regulation 49A(5)). No cases are named in the source, so none can be included. The evidentiary provisions in Part 7 (regulation 41) create rebuttable presumptions that have likely been challenged in disciplinary proceedings, but the regulations do not record any such challenges. The terrorism intelligence provisions (regulation 89A) may have given rise to litigation concerning classification decisions, but again no cases are cited. Practitioners should be aware that the regulations are subordinate legislation and any challenge to their validity would be on usual administrative law grounds, such as unreasonableness or ultra vires the parent Act. The legislative history shows that Part 9 was substituted following a review process (regulation 49E required a review before the fourth anniversary of its commencement), which may have been prompted by litigation or practical concerns.

Several practical traps exist in the regulations. For drug and alcohol testing, the eight-hour time limit applies strictly: no drug screening test may be commenced and no biological sample taken more than eight hours after the test subject came off duty or after a critical incident or high-risk driving occurrence (regulations 31(1), 36(1)). The time of commencement is when the direction is first given to provide a sample (regulation 31(2) for drug tests, regulation 36(3) for alcohol tests). If a urine sample is suspected to be adulterated, the test subject may be required to submit to a search before providing an additional sample, and the search must be conducted by and in the presence of a person of the same sex, in private, with minimal witnesses (regulation 33(1)(e)). Two unsuitable samples result in a deemed failure to comply, which may attract disciplinary consequences (regulation 33(1)(f)). For breath analysis, the test subject must provide two separate samples of at least one litre each, with an interval of two to ten minutes; if the second reading is more than 15% higher or lower than the first, both samples are disregarded and a further two may be required (regulation 38). The result taken is the lower concentration reading (regulation 38(4)). The evidentiary presumptions are strong: a certificate from an authorised member that the breath analysing instrument was in proper order and properly operated is conclusive in the absence of proof to the contrary (regulation 41(5)). Rebuttal is limited to evidence from a blood test taken within four hours and dealt with under the procedures (regulation 41(2)). For property, a finder who claims found property does not obtain title against the true owner until five years after return to the finder (regulation 75(2)(a)). The finder is deemed to agree to return the property or pay its value if the true owner claims within five years, and must indemnify the Commissioner and employees (regulation 75(2)(b)). There is no entitlement to interest on found money (regulation 75(2)(c)). An employee who comes into possession of property in the course of duties does not have the rights of a finder (regulation 75(5)). For unclaimed property, the Commissioner may sell or destroy property that is perishable, rapidly depreciating, dangerous, or capable of storing information (regulation 73(b)). For prisoners, medical attendance by a medical practitioner other than a police medical officer may be at the prisoner's expense if they requested a specified practitioner after other treatment was offered and refused (regulation 86). The responsible officer must inform both the prisoner and medical practitioner of that fact before attendance (regulation 86(2)). For employee history, entries of punishment may be removed after five years with no further entries, but only at the Commissioner's discretion (regulation 56). The application must be in writing. For leaves, the Commissioner, Deputy Commissioner, certain Assistant Commissioners, persons appointed under section 23, and community constables are excluded from Part 12 leave provisions (regulation 60). For police security officers, the power to detain under regulation 96 arises only when they are performing additional duties; the detention power is without warrant and for any offence, but the person must be delivered to a police officer as soon as reasonably practicable (regulation 97(1)). If the police officer decides not to accept custody, the security officer must return the person to the place of detention or a nominated place if the person requires (regulation 97(2)). The use of reasonable force is authorised (regulation 97(4)), but overreach could lead to civil liability. The offence under regulation 93 applies only to former employees; current employees are covered by the Code of Conduct. The maximum penalty is $1,250, which may appear low but is in addition to any other consequences. The defence of lawful authority or excuse requires the defendant to prove it on the balance of probabilities.

For SA Police management and officers tasked with implementing these regulations, a structured compliance approach is advisable. For drug and alcohol testing, the Commissioner must first approve apparatus, forms, and tests, and authorise members who have completed approved training (regulation 30). Testing must be commenced within eight hours of the relevant event. The sample collection procedures must be followed meticulously: for oral fluid, provide collection means, split sample into two containers, mark and seal, complete certificate, and give a copy and notice to the test subject (regulation 32). For urine, ensure privacy, test temperature and visually inspect within four minutes, conduct optional screening test, and if positive or no screening, split sample (regulation 33). For blood, use a medical practitioner or registered nurse with an observer present, split sample, complete certificate, and ensure the test subject does not receive the sample container that goes to Forensic Science SA (regulation 34). All samples and certificates must be delivered to Forensic Science SA as soon as reasonably practicable (regulation 35(1)). For alcohol testing, follow the alcotest and breath analysis protocols strictly: require two samples of at least one litre each, with two to ten minutes interval, and apply the correct rules for errors, alcohol in mouth, or inconsistent readings (regulation 38). Provide the test subject with a statement of result, oral advice, written notice, and an approved blood test kit if requested (regulation 41). The test subject must sign the request form and receive a blood test information sheet (regulation 40). For property management, the Commissioner must ensure safety and security of property (regulation 69), maintain records, issue receipts, and investigate ownership (regulation 71). Disposal must follow the priority order: court orders, then return to owner, then finder, then unclaimed property procedures (regulation 72). The Commissioner may sell or destroy certain property under regulation 73. For found property, do not return to the finder before two months have elapsed, and ensure the finder signs a notice acknowledging the limited title and indemnity (regulation 75). For unclaimed property, follow retention periods; proceeds go to a prescribed account then to the Consolidated Account after six months (regulation 78). For prisoners, the responsible officer must ensure immediate search, proper recording and receipting of property, medical assistance as needed, and access to legal and consular assistance (regulations 82-85). If a prisoner requests a specific medical practitioner and refuses other treatment, inform the prisoner and practitioner of the cost liability before attendance (regulation 86). For employee history, the Commissioner must keep a history for every employee with required particulars (regulation 55). Employees must have access and be given a copy on request (regulation 57). For grievances, the Commissioner must respond within the prescribed timeframes: 28 days for merit pool grievances (regulation 49(3)), 28 days for selection decision grievances (regulation 53(4)), and unspecified for section 47 transfer grievances though presumably within a reasonable time (regulation 52). For police security officers performing additional duties, the Commissioner must ensure they have completed relevant training and been assessed as competent before exercising protective security powers (regulation 98(2)). The Commissioner must also keep records of terrorism intelligence use and ensure compliance with the Protective Security Policy Framework (regulation 89A). Regular review of compliance with Part 9 (promotional positions) is mandated: the Minister must cause a review and report before the fourth anniversary of the Part's commencement (regulation 49E).