South Australian Consolidated Acts

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POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) ACT 1985 - SECT 22A

22A—Authority may initiate investigation

        (1)         The Authority may, on his or her own initiative, raise a matter for investigation that he or she is satisfied concerns possible misconduct, or a pattern of misconduct, affecting a member or members of the public that has become a matter of public interest or comment or may raise questions as to the practices, procedures or policies of the police force or protective security officers.

        (2)         Where the Authority raises a matter for investigation on his or her own initiative, the Authority must—

            (a)         notify the Commissioner, by writing, of the matter to be investigated and furnish him or her with particulars of the matter; and

            (b)         subject to any determination under section 23, refer the matter to the Commissioner.

        (3)         Where a matter is referred to the Commissioner under subsection (2)(b), the Commissioner must refer the matter to the internal investigation branch for investigation.

        (4)         The Commissioner may, if he or she disagrees with—

            (a)         the decision of the Authority that the matter be raised for investigation; or

            (b)         the methods employed in the investigation,

advise the Authority, by writing, of his or her disagreement.

        (5)         Where the Authority is notified of disagreement by the Commissioner under subsection (4)—

            (a)         the investigation into the matter is to cease unless or until the matter is resolved by agreement between the Authority and the Commissioner or by determination of the Minister; and

            (b)         the Authority may, if he or she is unable to resolve the matter by consultation with the Commissioner, refer it to the Minister for determination.



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