South Australian Consolidated Acts

POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) ACT 1985 - SECT 21

21—Determination by Authority that investigation not warranted

        (1)         The Authority may, in his or her discretion, determine that a complaint to which this Act applies (whether being a complaint made to the Authority or a complaint of which the Authority has been notified under section 18) should not be investigated or further investigated under this Act—

            (a)         if he or she is satisfied that the complaint was made more than 6 months after the complainant or person on whose behalf the complaint was made became aware of the conduct complained of and that there are no special reasons justifying the investigation or further investigation of the complaint; or

            (b)         if in his or her opinion—

                  (i)         the complaint is trivial, frivolous or vexatious or was not made in good faith; or

                  (ii)         the complainant or person on whose behalf the complaint was made does not have a sufficient interest in the matter raised in the complaint,

and there are no special reasons justifying the investigation or further investigation of the complaint; or

            (c)         if the complaint was made without disclosure of the identity of the complainant and there are not, in the opinion of the Authority, any special reasons justifying investigation of the complaint; or

            (d)         if a person has been charged with an offence or breach of discipline in relation to the conduct complained of; or

            (e)         if the complainant or person on whose behalf the complaint was made has exercised a right of action or has exercised a right of appeal or review in relation to the matter complained of and there are not, in the opinion of the Authority, any special reasons justifying the investigation or further investigation of the complaint; or

            (f)         if, in his or her opinion, the investigation or further investigation of the complaint is unnecessary or unjustifiable having regard to all the circumstances of the case.

        (2)         Where the Authority makes a determination under this section, he or she must, by writing, notify the Commissioner and, unless the identity of the complainant is not known, the complainant of the determination and his or her reasons for making the determination.