South Australian Consolidated Acts South Australian Consolidated Acts26—Powers of Authority to oversee investigations by
internal investigation branch
(1) The Authority may,
at any time after a matter has been referred to the
internal investigation branch for investigation or further investigation under
this Act—
(a)
discuss the complaint or any aspect of the complaint with the complainant (if
the investigation relates to a complaint); or
(b)
require the Commissioner or, as approved by the Commissioner, the officer in
charge or any other member of the internal investigation branch—
(i)
to provide information to him or her about the progress
of the investigation; or
(ii)
to arrange for him or her to inspect any document or
record in the possession or under the control of the branch that is relevant
to the matter under investigation; or
(iii)
to arrange for him or her to interview a person in
relation to the matter under investigation.
(2) The Commissioner
must ensure that any requirement of the Authority made under
subsection (1)(b) is complied with without any undue delay.
(3) The Authority may,
by writing, notify the Commissioner of any directions that he or she considers
should be given by the Commissioner as to the use for investigative purposes
of police officers not serving in the internal investigation branch or any
other matter or thing in relation to an investigation or investigations by the
internal investigation branch under this Act.
(4) Where the
Commissioner is notified by the Authority under subsection (3) of any
directions that the Authority considers should be given by the Commissioner,
the Commissioner must—
(a) give
the directions accordingly; or
(b) if
he or she does not agree that the directions should be given—notify the
Authority, by writing, of his or her disagreement and the reasons for the
disagreement.
(4a) The Authority may
give directions to the officer in charge of the internal investigation branch
as to the matters to be investigated, or the methods to be employed, in
relation to a particular investigation under this Act.
(4b) The Commissioner
may, by writing, advise the Authority of his or her disagreement with a
direction given by the Authority under subsection (4a) and, in that
event, the direction will cease to be binding unless or until the matter is
resolved by agreement between the Authority and the Commissioner or by
determination of the Minister.
(5) Where the
Authority is notified of disagreement by the Commissioner under this section,
the Authority may, if he or she is unable to resolve the matter by
consultation with the Commissioner, refer it to the Minister and the Minister
may determine what directions (if any) should be given.
(5a) The
Police Minister must be notified, in writing, of any determination made by the
Minister under subsection (5).
(6) A determination of
the Minister under subsection (5) that relates to complaints generally,
or to a class of complaints, will not be binding on the Commissioner unless
embodied in a written direction of the Police Minister under section 6 of
the Police Act 1998 .
(7) In this
section—
"directions" includes directions varying or revoking directions previously
given by the Commissioner or the Authority whether under this section or
otherwise.