South Australian Consolidated Acts South Australian Consolidated Acts (1) If the
Commissioner is satisfied that—
(a) a
member of S.A. Police is not performing duties of his or her position
satisfactorily or to applicable performance standards; and
(b) it
is not practicable to transfer the member to another position of the same rank
with duties suited to the member's capabilities or qualifications,
the Commissioner may, if it is practicable to do so, transfer the member to a
position of a lower rank with duties suited to the member's capabilities or
qualifications.
(2) If it is not
practicable to transfer the member to a position of the same or a lower rank,
the Commissioner may terminate the appointment of the member.
(3) This section does
not apply in relation to an officer appointed under Part 3.
(4) This section does
not apply if a member's unsatisfactory performance is due to—
(a)
physical or mental disability or illness of the member; or
(b) lack
of necessary resources or training or other organisational factors beyond the
member's control.
(5) The Commissioner
must not take action under this section unless—
(a) the
member has first been advised of his or her unsatisfactory performance and
given specific details of the areas of his or her underperformance, the
performance standards to be attained and the measures to be taken for
improvement; and
(b) the
member has been allowed a period of not less than three months and not more
than six months for improvement to the specified standards; and
(c) a
panel of persons has been convened, and has made a decision, in accordance
with the regulations, confirming that the processes followed and assessments
made in relation to the member and his or her underperformance conformed to
the requirements of this section and were reasonable in the circumstances.