South Australian Consolidated Acts South Australian Consolidated Acts6E—Powers of Police Complaints Authority
(1) For the purposes
of an inspection under section 6D, the Police Complaints Authority, or an
officer of the Authority authorised by the Authority for the purpose—
(a) may,
after notifying the Commissioner of Police, enter at any reasonable time
premises occupied by the police force; and
(b) is
entitled to have full and free access at all reasonable times to all records
of the police force; and
(c) is,
despite any other law, entitled to make copies of, and to take extracts from,
records of the police force; and
(d) may
require a member of the police force to give the Authority or authorised
officer such information as the Authority considers necessary, being
information that is in the member's possession, or to which the member has
access, and that is relevant to the inspection.
(2) If the Police
Complaints Authority has reason to believe that a member of the police force
is able to give information relevant to an inspection under section 6D,
the Authority may, by written notice to the member, require the member to do
one or both of the following:
(a) give
the information, in writing, signed by the member, at a specified place and
within a specified period;
(b)
attend before a specified person at a specified place and within a specified
period or at a specified time on a specified day, in order to answer questions
relevant to the inspection.
(3) If the Police
Complaints Authority has reason to believe that a member of the police force
is able to give information relevant to an inspection under section 6D
but does not know the member's identity, the Authority may, by written notice
to the Commissioner of Police, require the Commissioner or a person nominated
by the Commissioner to attend before a specified person at a specified place
and within a specified period or at a specified time on a specified day, in
order to answer questions relevant to the inspection.
(4) Despite any other
law, a person is not excused from giving information, answering a question, or
giving access to a document, as and when required by or under this section, on
the ground that it would contravene a law, would be contrary to the public
interest or might tend to incriminate the person or make the person liable to
a penalty.
(5) The following are
not admissible in evidence against a person except in prosecution proceedings
for an offence against this section:
(a)
information or an answer given by the person under this section;
(b) the
fact that the person has given access to a document under this section;
(c) any
information or thing (including a document) obtained in consequence of the
person having given information or an answer, or access to a document, under
this section.
(6) The Commissioner
of Police must ensure that members of the police force provide the Police
Complaints Authority with such assistance in relation to an inspection under
section 6D as the Authority reasonably requires.
(7) A person who is
required under this section—
(a) to
attend before a person; or
(b) to
furnish information; or
(c) to
answer a question,
and who, without reasonable excuse, refuses or fails to comply with that
requirement is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(8) A person
who—
(a)
without reasonable excuse, hinders a person exercising powers under this
section; or
(b)
gives to a person exercising powers under this section information knowing it
to be false or misleading in a material particular,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment 2 years.