Police Complaints and Discipline Act 2016 (SA)

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