South Australian Consolidated Acts South Australian Consolidated Acts23—Determination that matter be investigated by Authority
(1) Subject to
subsection (2), the Authority may determine that a matter 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 or a matter raised
for investigation on the initiative of the Authority under section 22A)
should be investigated by him or her.
(2) The Authority may
make a determination under subsection (1)—
(a) in
relation to any matter that he or she is satisfied—
(i)
concerns conduct of a designated officer holding a rank
equal to or senior to the rank held by the officer in charge of the
internal investigation branch; or
(ii)
concerns conduct of a police officer serving in the
internal investigation branch; or
(iii)
is in substance about the practices, procedures or
policies of the police force or protective security officers; or
(iv)
should for any other reason be investigated by the
Authority; or
(b) in
relation to any matter that concerns conduct of a prescribed
officer or employee—if the Authority is of the opinion, having regard to
the nature of the matters raised in relation to the prescribed officer or
employee, that there are no special reasons justifying investigation of the
matter by the internal investigation branch; or
(c) as
otherwise provided under this Act.
(3) Where a
determination is made under subsection (1), the Authority may, in
addition, make one or more of the following determinations:
(a) a
determination that the matter or part of the matter concerned should be
investigated or further investigated by the internal investigation branch in
conjunction with the investigation to be carried out by the Authority;
(b) a
determination that the matter or part of the matter concerned should not be
investigated or further investigated by the internal investigation branch or
any designated officer acting under the direction of the Commissioner.
(4) Where the
Authority makes a determination under this section, he or she must, by
writing, notify the Commissioner of the determination.
(4a) Where the
Authority makes a determination under this section in relation to a matter
referred to in subsection (2)(a), the Authority may—
(a) with
the Commissioner's agreement; or
(b)
after allowing the Commissioner a period of five working days to comment on
the determination and taking into account any comments received from the
Commissioner within that period,
commence an investigation into the matter.
(5) Where—
(a) a
determination is made under this section in relation to a matter; and
(b) the
internal investigation branch has commenced but not completed an investigation
or further investigation of the matter,
the officer in charge of the branch must, as soon as is practicable, cause a
report, in writing, of the investigation or further investigation to be
prepared and delivered to the Commissioner.
(6) The Commissioner
must, as soon as practicable after his or her receipt of a report under
subsection (5), furnish a copy of the report to the Authority and, when
doing so, may attach to the report such comments as he or she thinks fit to
make in relation to the investigation or further investigation.