South Australian Consolidated Acts South Australian Consolidated Acts21A—Determination by Authority to resolve complaint informally
(1) The Authority may
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) is a minor complaint that should be the
subject of an informal inquiry only.
(2) Where the
Authority makes a determination under subsection (1), he or she
must—
(a) by
writing, notify the Commissioner of the determination; and
(b) in
accordance with arrangements for referral agreed between the Authority and the
Commissioner, refer the complaint for the conduct of an informal inquiry by a
member of the police force.
(3) The
designated officer to whom a complaint has been referred under this section
must notify the complainant, unless the identity of the complainant is not
known—
(a) that
an informal inquiry is being conducted into the complaint; and
(b) that
the complainant may, during the informal inquiry or within 14 days of receipt
of particulars of the outcome of the informal inquiry, make a request to the
Authority that the Authority determine that the complaint be investigated
under the other provisions of this Act.
(4) The Commissioner
must ensure that a report, in writing, of—
(a) the
results of the inquiry; and
(b) any
action taken in relation to the designated officer about whose conduct the
complaint was made,
is prepared and delivered to the Authority as soon as practicable.
(5) The Authority
must, in relation to each complaint that is the subject of an informal
inquiry, enter in the register kept by the Authority under section 29 and
furnish to the designated officer concerned and, unless the identity of the
complainant is not known, the complainant, particulars of the matters referred
to in subsection (4).
(6) If a request is
made to the Authority as referred to in subsection (3)(b) that the
Authority redetermine the question whether the complaint should be
investigated under the other provisions of this Act, the Authority must
redetermine the question (and section 19 and the other provisions of this
Act will apply in the same way as to a complaint made to the Authority).
(7) At any time before
or within 14 days after receipt of a report under subsection (4) in
respect of an informal inquiry, the Authority may, and must if the
Commissioner so requests, determine that the complaint the subject of the
inquiry be investigated under the other provisions of this Act and, in that
event, the Authority must, subject to any determination under section 23,
refer the complaint to the Commissioner for investigation by the
internal investigation branch.
(8) No information
obtained in relation to the subject matter of a complaint during an informal
inquiry into the complaint may be used in proceedings in respect of a
breach of discipline before the Police Disciplinary Tribunal or the
Protective Security Officers Disciplinary Tribunal (as the case may be) unless
the proceedings are against a designated officer who has allegedly provided
false information with the intention of obstructing the proper resolution of
the complaint.
(9) The Authority may
delegate to the Commissioner the following powers or functions (which may be
the subject of further delegation by the Commissioner):
(a)
power to determine that a complaint is a minor complaint that should be the
subject of an informal inquiry;
(b)
power to refer a complaint to a designated officer for the conduct of an
informal inquiry;
(c) the
function of acknowledging a complaint under section 20;
(d) the
function of furnishing to the designated officer concerned and the complainant
particulars of the outcome of an informal inquiry.
(10) A delegation
under this section—
(a) may
be absolute or conditional; and
(b) is
revocable by the delegator.