Part 8Transfers

Part 8—Transfers 44—Transfer to position of higher rank (1) Subject to this regulation, the Commissioner may, under section 47 of the Act, transfer a member of SA Police to a position of a higher rank— (a) until a person on leave from or otherwise temporarily unable to perform the duties of the position returns to the position; or (b) if the position has been permanently vacated, until the position is filled by selection processes. (2) A transfer as authorised under subregulation (1)— (a) may be made on such conditions as are approved by the Commissioner; and (b) must not be for a period exceeding 2 years. (3) If a member has been transferred to a position of a higher rank as authorised under this regulation, the Commissioner may, under section 47 of the Act, transfer the member to a position of a lower rank in order to return the member to a position of a rank the same as that of his or her original position. 45—Transfer to position of lower rank (1) Subject to this regulation, the Commissioner may, under section 47 of the Act, transfer a member of SA Police to a position of lower rank if— (a) the transfer is in the opinion of the Commissioner necessary— (i) for the purposes of the restructuring of a part of SA Police; or (ii) for the purposes of filling a designated position; and (b) the transfer is made on condition that the member retains his or her existing rank and seniority while occupying the position of a lower rank. (2) A member transferred as authorised under subregulation (1) may be further transferred to positions of a rank lower than that of his or her original position. (3) The period or aggregate of the periods for which a transfer or transfers authorised under subregulation (1) or (2) may continue must not exceed 2 years or such longer period as the Minister may approve in a particular case. (4) If a member has been transferred to a position of a lower rank as authorised under this regulation, the Commissioner may, under section 47 of the Act, transfer the member to a position of a higher rank in order to return the member to a position of a rank the same as that of his or her original position. (5) On transferring a member to a position of a lower rank as authorised under this regulation, the Commissioner must give orders as to the performance by the member of the duties of the position and the members whose orders will be binding on the member while in the position. (6) In this regulation— designated position means a position that the Commissioner determines, based on the nature of the position, or the qualifications, experience or other attributes that are essential or desirable in respect of the position, to be a position that, without a transfer under subregulation (1), would be difficult to fill.