South Australian Consolidated Acts

POLICE ACT 1998 - SECT 52

52—Review of certain transfers

        (1)         If—

            (a)         a decision is made to transfer a member of S.A. Police to another position (other than under Part 6 or section 46); and

            (b)         the member believes that he or she is being punished for particular conduct,

the member may apply to the Police Review Tribunal for a review of the decision.

        (2)         An application for review of the decision must be made to the Secretary to the Tribunal within the period and in the manner prescribed by regulation.

        (3)         The Tribunal may in an appropriate case dispense with the requirement that the application be made within the prescribed period.

        (4)         If, on an application for review of a decision under this Division, the Tribunal is satisfied that the transfer is in the nature of a punishment, the Tribunal may do one or more of the following:

            (a)         quash the decision;

            (b)         remit the matter to the Commissioner for reconsideration;

            (c)         make recommendations for settlement of the matter.