South Australian Consolidated Acts

POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) ACT 1985

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Act not to derogate from other law

   PART 2--Police Complaints Authority

   5.      Appointment of Police Complaints Authority
   6.      Authority not to engage in other remunerative employment
   7.      Term of office
   8.      Removal from office
   9.      Staff of Authority
   11.     Acting Authority
   11A.    Delegation by Authority
   12.     Protection for Authority and persons acting under his or her direction

   PART 3--Internal investigation branch

   13.     Constitution of internal investigation branch
   14.     Officer in charge entitled to report directly to Commissioner
   15.     Duties of police officers serving in internal investigation branch

   PART 4--Complaints and investigations

   16.     Complaints to which this Act applies
   17.     Right of persons detained in custody to make complaint to Authority
   18.     Action on complaint being made to designated officer
   19.     Action on complaint being made to Authority
   20.     Authority to notify complainant of receipt of complaint
   21.     Determination by Authority that investigation not warranted
   21A.    Determination by Authority to resolve complaint informally
   22.     Conciliation
   22A.    Authority may initiate investigation
   23.     Determination that matter be investigated by Authority
   24.     Effect of certain determinations of Authority
   25.     Investigations by internal investigation branch
   26.     Powers of Authority to oversee investigations by internal investigation branch
   28.     Investigation of matters by Authority
   29.     Register to be kept by Authority
   30.     Authority to respond to inquiries by complainants

   PART 5--Action consequential on investigation

   31.     Reports of investigations by internal investigation branch to be furnished to Authority
   32.     Authority to make assessment and recommendations in relation to investigations by internal investigation branch
   33.     Authority to report on and make assessment and recommendations in relation to investigations carried out by Authority
   34.     Recommendations of Authority and consequential action by Commissioner
   35.     Commissioner to notify Authority of laying of charges or other action consequential on investigation
   36.     Dealing with particulars about matter under investigation

   PART 6--Tribunals

           Division 1--Constitution of Police Disciplinary Tribunal

   37.     Constitution of Police Disciplinary Tribunal

           Division 2--Constitution of Protective Security Officers Disciplinary Tribunal

   37A.    Constitution of Protective Security Officers Disciplinary Tribunal

           Division 3--Registrar and deputy registrar

   38.     Registrar and deputy registrar

           Division 4--Charges in respect of breach of discipline

   39.     Charges in respect of breach of discipline

           Division 5--General provisions relating to proceedings, powers etc of both Tribunals

   39A.    Application and interpretation
   40.     Proceedings
   41.     Powers
   42.     Protection of Tribunal, counsel and witnesses
   43.     Reference of question of law
   44.     Costs
   45.     Reasons for decision

   PART 7--Appeals in respect of discipline

   46.     Appeals in respect of discipline

   PART 8--Miscellaneous

   47.     Application to Supreme Court as to powers and duties under Act
   48.     Secrecy
   49.     Offences in relation to complaints
   50.     Authority may revoke or vary determinations, assessments etc
   51.     Authority and Commissioner may report to Ministers
   52.     Annual and special reports to Parliament by Authority
   55.     Regulations
           Legislative history