South Australian Consolidated Acts

POLICE ACT 1998 - SECT 42

42—Minor misconduct

        (1)         Subject to the Police (Complaints and Disciplinary Proceedings) Act 1985 , the Commissioner may determine that a suspected breach of the Code involves minor misconduct only on the part of a member of S.A. Police or police cadet and refer the matter to a member of S.A. Police determined in accordance with the orders and directions of the Commissioner for an informal inquiry.

        (2)         A member to whom a matter is referred for an informal inquiry under subsection (1) or under section 21A of the Police (Complaints and Disciplinary Proceedings) Act 1985 —

            (a)         must cause the matter to be inquired into (subject to this Act and any orders or directions of the Commissioner); and

            (b)         must determine, or cause a determination to be made, on the balance of probabilities, whether the subject matter of the inquiry involves a breach of the Code by the member or police cadet concerned; and

            (c)         must ensure that the member or police cadet concerned is afforded an opportunity—

                  (i)         to admit any breach of the Code that he or she is alleged to have committed; and

                  (ii)         if such a breach is not admitted, to make submissions either orally or in writing in relation to the alleged breach; and

            (d)         if the breach is admitted or is found to have been committed, may, subject to any order or directions of the Commissioner, determine that action be taken under subsection (3) in relation to the member or police cadet concerned; and

            (e)         must ensure that a written report of the results of the inquiry and any action that it has been determined should be taken in relation to the member or police cadet concerned is prepared and delivered to the Commissioner; and

            (f)         must ensure that particulars of the results of the inquiry and the action (if any) that it has been determined should be taken in relation to the member or police cadet concerned are furnished to the member or police cadet.

        (3)         Action of one or more of the following kinds may, subject to any orders or directions of the Commissioner, be taken in relation to a member or police cadet for a breach of the Code that the member or police cadet has admitted, or been found to have committed, under this section:

            (a)         in the case of a member, transfer of the member for not more than four months to another position in S.A. Police (not involving a reduction in rank or seniority or, without the member's consent, relocation to a place beyond reasonable commuting distance from the member's current place of employment);

            (b)         recorded or unrecorded advice;

            (c)         counselling;

            (d)         education or training.

        (4)         No information obtained in relation to the subject matter of an inquiry under this section during the inquiry may be used in proceedings in respect of a breach of the Code before the Police Disciplinary Tribunal unless the proceedings are against a member of S.A. Police or police cadet who has allegedly provided false information with the intention of obstructing the inquiry.