Part 10Grievance process and review

Part 10—Grievance process and review 51—Unsatisfactory performance review panel If it is proposed that action be taken under section 46 of the Act against a member of SA Police on the grounds of unsatisfactory performance, the panel of persons required under subsection (5)(c) of that section— (a) will consist of 3 persons appointed by the Commissioner, at least 1 of whom must be a member of SA Police currently employed in a human resource management or development area of SA Police; and (b) must be chaired by a person specified by the Commissioner; and (c) must make its decision by majority vote; and (d) must notify its decision to the Commissioner in writing as soon as practicable after the panel is appointed by the Commissioner; and (e) subject to this regulation, may determine its own procedures. 52—Grievance process for section 47 transfer (1) A member of SA Police who is transferred to another position under section 47 of the Act and is aggrieved by the transfer may apply to the Commissioner to have his or her grievance dealt with. (2) An application under this regulation— (a) must be in writing in a form approved by the Commissioner; and (b) must identify the transfer giving rise to the grievance; and (c) must set out the grounds of the grievance; and (d) must be delivered to the Commissioner's office within 14 days after the member is notified in writing of his or her transfer under section 47. (3) The Commissioner must give written notice to the applicant of the Commissioner's decision on the grievance application. 53—Grievance process for selection decision (1) A member of SA Police or police security officer (as the case requires) who is aggrieved by a selection decision notified in the Police Gazette under section 55 of the Act may apply to the Commissioner to have his or her grievance dealt with. (2) An application under this regulation— (a) must be in writing in a form approved by the Commissioner; and (b) must identify the decision giving rise to the grievance; and (c) must set out the grounds of the grievance; and (d) must be delivered to the Commissioner's office within 14 days after the selection decision is notified in the Police Gazette. (3) On an application under this regulation, the Commissioner may— (a) confirm the selection decision; (b) quash the selection decision; (c) order that the selection processes be recommenced from the beginning or some later stage specified by the Commissioner. (4) The Commissioner must give written notice to the applicant of the Commissioner's decision on the grievance application within 28 days after receipt of the application (or within such longer period as may be agreed between the applicant and the Commissioner). 54—Applications to SAET or Police Review Tribunal—time and procedures (1) An application to SAET under section 48 of the Act by a member (or former member) of SA Police, or police security officer (or former police security officer), (as the case requires) for a review of a decision to terminate the member's appointment must be made within 28 days after the member or former member receives written notice of the relevant decision. (2) An application to SAET under section 52 of the Act by a member of SA Police or police security officer for a review of a decision to transfer the member or officer to another position must be made within 14 days after the member or officer receives written notice of the decision. (3) An application to the Police Review Tribunal under section 55 of the Act by a member of SA Police or police security officer for a review of a selection decision must be made within 7 days after the member or officer receives written notice of the decision made on his or her grievance application in respect of the selection decision. (4) An application to the Police Review Tribunal for a review— (a) must be— (i) in a form approved by the Secretary to the Tribunal; and (ii) typewritten or printed; and (iii) in triplicate; and (b) must identify the decision to be reviewed; and (c) must set out the grounds for review; and (d) must specify the relief sought on review; and (e) must state whether or not the applicant requires any person to be summoned to appear before the Tribunal, or to produce any document, object or material; and (f) must be accompanied by a copy of the selection decision to which the application relates. (5) An applicant to SAET or the Police Review Tribunal, or a member of SA Police or police security officer summoned to appear before SAET or the Police Review Tribunal, under the Act must be granted the necessary leave of absence to enable appearance before the Tribunal for the purposes of the relevant proceedings. (6) The Police Review Tribunal must hear and determine an application for review of a selection decision under section 55 of the Act within 28 days after receipt by the Tribunal of the application.