South Australian Consolidated Acts

POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) ACT 1985 - SECT 18

18—Action on complaint being made to designated officer

        (1)         Where a complaint to which this Act applies is made to a designated officer, the officer must, in accordance with any directions of the Commissioner—

            (a)         refer the complaint, by the most expeditious means available to him or her, to the internal investigation branch for investigation; or

            (b)         refer the complainant to an officer authorised to receive the complaint.

        (2)         Where a complaint is made to a designated officer to whom the complainant has been referred under subsection (1)(b), that officer must refer the complaint, by the most expeditious means available to him or her, to the internal investigation branch for investigation.

        (3)         Where a complaint is referred to the internal investigation branch under this section, the Authority must be notified, by writing, of the complaint and furnished with particulars of the complaint.

        (4)         Despite the other provisions of this section, where a complaint made to a designated officer concerns the conduct of a prescribed officer or employee, the complaint must not be referred to the internal investigation branch but must, in accordance with any directions of the Commissioner, be referred to the Authority.

        (5)         Where a complaint is referred to the Authority under subsection (4), the provisions of this Act apply in relation to the complaint as if it were a complaint made to the Authority.