South Australian Consolidated Acts South Australian Consolidated Acts43—Right to apply for review of informal inquiry etc
(1) If a member of
S.A. Police or police cadet is found on an informal inquiry to have committed
a breach of the Code, the member or police cadet may apply for a review under
this section on the ground that he or she did not commit the breach concerned
or that there was a serious irregularity in the processes followed in the
informal inquiry.
(2) If a determination
is made on an informal inquiry that action should be taken in relation to the
member of S.A. Police or police cadet concerned for a breach of the Code, the
member or police cadet may apply for a review under this section on the ground
that the action is not warranted by the nature of the breach or in the
circumstances of the case.
(3) An application for
review under this section must be made to a member of S.A. Police determined
under the regulations within the period and in the manner prescribed by the
regulations.
(4) The member to whom
an application for review under this section must be made—
(a) must
be the occupant of a position specified in the regulations or determined
according to factors specified in the regulations;
(b) must
not be selected according to the discretion of the Commissioner or any other
person;
(c) must
not have been involved in the informal inquiry or investigations leading up to
the informal inquiry.
(5) A member to whom
an application is made under this section—
(a)
must, as soon as is practicable, conduct a review (subject to this Act and any
order or direction of the Commissioner) of the processes followed in the
informal inquiry, or the finding or determination made on the informal
inquiry, as the case may require; and
(b) must
afford the applicant an opportunity to make submissions either orally or in
writing in support of his or her application; and
(c) may,
according to the nature of the case—
(i)
order that a new informal inquiry be conducted or that
the processes involved in the inquiry be recommenced from some specified
stage;
(ii)
affirm or quash any finding or determination reviewed;
(iii)
make a determination that should have been made in the
first instance; and
(d) must
ensure that a written report of the results of the review is prepared and
delivered to the Commissioner; and
(e) must
ensure that particulars of the results of the review are furnished to the
member or police cadet concerned.
(6) This section
applies to the exclusion of any right of appeal under Part 7 of the Police
(Complaints and Disciplinary Proceedings) Act 1995 .