South Australian Consolidated Acts

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POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) ACT 1985 - SECT 16

16—Complaints to which this Act applies

        (1)         A complaint about the conduct of a designated officer may be made—

            (a)         to a designated officer (not being the officer about whose conduct the complaint is made); or

            (b)         to the Authority.

        (2)         If a person makes a complaint to a designated officer about the conduct of that officer, that officer must, as soon as reasonably practicable, advise the person that, in order for the complaint to be one to which this Act applies, the complaint must be made—

            (a)         to some other designated officer; or

            (b)         to the Authority.

        (3)         A complaint made to the Authority must, if the Authority so requires, be reduced to writing.

        (4)         This Act applies to a complaint made under this section—

            (a)         whether or not the designated officer about whose conduct the complaint is made is identified by the complainant;

            (b)         whether or not the identity of the complainant is known by or disclosed to the designated officer to whom the complaint is made or the Authority, as the case may be;

            (c)         whether the complaint is made by a person on his or her own behalf or on behalf of some other person;

            (ca)         whether or not the person by whom or on whose behalf the complaint is made is a designated officer;

            (d)         whether the person by whom or on whose behalf the complaint is made is a natural person or a body corporate.

        (5)         This Act does not apply to a complaint—

            (a)         made to a designated officer by or on behalf of another designated officer unless it is made in writing in a form approved by the Commissioner for the purpose; or

            (b)         made about conduct that occurred before the commencement of this section; or

            (c)         made by or on behalf of a designated officer or designated officers in relation to the employment, or terms or conditions of employment, of the officer or officers.



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