South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"Authority" means the person appointed to be the Police Complaints Authority
under Part 2, or a person acting in the office of Police Complaints Authority
under that Part;
"breach of discipline" means a breach that may be the subject of a charge by
the Commissioner under the Police Act 1998 or the Protective Security
Act 2007 ;
"close relative" of a person means a spouse, domestic partner, parent or child
of the person;
"Commissioner" means the Commissioner of Police and includes—
(a) the
Deputy Commissioner of Police acting subject to the direction of the
Commissioner; or
(b) the
Deputy Commissioner or an Assistant Commissioner of Police acting in the place
of the Commissioner during a period for which the Commissioner is absent or
the office of the Commissioner is vacant;
"conduct" of a designated officer means—
(a) an
act or decision of a designated officer; or
(b)
failure or refusal by a designated officer to act or make a decision,
in the exercise, performance or discharge (or purported exercise, performance
or discharge) whether within or outside the State, of a power, function or
duty that the person has as, or by virtue of being, a designated officer;
"designated officer" means—
(a) a
police officer; and
(b) a
person appointed to be a police cadet or special constable under the
Police Act 1998 ; and
(c) a
protective security officer; and
(d) a
person employed, or performing duties, in the administrative unit of the
Public Service of which the Commissioner is chief executive;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"internal investigation branch" means the branch of the police force
established under Part 3;
"minor complaint" see subsections (2), (3), (4) and (5);
"Police Disciplinary Tribunal" means the Police Disciplinary Tribunal
established under Part 6 Division 1;
"Police Minister" means the Minister administering the Police Act 1998 ;
"prescribed officer or employee" means—
(a) a
person appointed to be a special constable or community constable under the
Police Act 1998 ; or
(b) an
officer or employee referred to in paragraph (d) of the
definition of "designated officer";
"protective security officer" means a person appointed to be a
protective security officer under the Protective Security Act 2007 ;
"Protective Security Officers Disciplinary Tribunal" means the
Protective Security Officers Disciplinary Tribunal established under Part 6
Division 2;
"spouse"—a person is the spouse of another if they are legally married.
(2) For the purposes
of this Act, a complaint is a minor complaint that should be the subject of an
informal inquiry if according to an agreement or determination under
subsection (3) or (4)—
(a) it
relates only to minor misconduct; or
(b) the
complaint is otherwise of a kind that warrants an informal inquiry only.
(3) The Authority and
the Commissioner may make an agreement for the purposes of subsection (2)
as to the kinds of conduct that constitute minor misconduct and the kinds of
complaints that otherwise warrant an informal inquiry only.
(4) If the Authority
and the Commissioner cannot reach agreement on a matter referred to in
subsection (3), the Authority may, and must if the Commissioner so
requests, refer the matter to the Minister for determination by the Minister.
(5) The Minister must
cause notice of an agreement or determination under subsection (3) or
(4)—
(a) to
be given to the Police Minister; and
(b) to
be tabled before both Houses of Parliament within 15 sitting days of the date
of the agreement or determination.