South Australian Consolidated Acts South Australian Consolidated Acts17—Right of persons detained in custody to make complaint to Authority
(1) Where a person
detained in custody wishes to make a complaint to the Authority about the
conduct of a designated officer, any person performing duties in connection
with the detention of the person must—
(a) at
the request of the person, provide him or her with facilities to enable him or
her to prepare the complaint and to enclose and seal it in an envelope; and
(b) on
receiving the sealed envelope from the person for delivery to the
Authority—
(i)
ensure that the sealed envelope is plainly addressed to
the Authority and marked as being confidential; and
(ii)
cause the sealed envelope to be delivered to the
Authority without undue delay.
(2) A request referred
to in subsection (1)—
(a) must
be made to a person other than the designated officer about whose conduct the
complaint is to be made; and
(b) must
be complied with as soon as reasonably practicable (but without there being
any obligation to interrupt the carrying out of any other lawful procedure or
function).
(3) Where a request
referred to in subsection (1) is made to the designated officer about
whose conduct the complaint is to be made, the officer must, as soon as
reasonably practicable, advise the person of the requirement that the request
be made to some other person who is performing duties in connection with the
person's detention.
(4) Where a person
receives a sealed envelope for delivery to the Authority under
subsection (1), a person other than the Authority or a person acting with
the authority of the Authority must not open the envelope or inspect its
contents.
Maximum penalty: $2 500.
(5) It will be a
defence to a charge of an offence against subsection (4) if the defendant
proves that the acts to which the charge relates were done inadvertently.