South Australian Consolidated Acts South Australian Consolidated Acts34—Recommendations of Authority and consequential action by Commissioner
(1) When the
Commissioner receives from the Authority under section 32 or 33 an
assessment and recommendations made by the Authority in relation to the
investigation or further investigation of a matter, he or she must, as soon as
practicable, consider the assessment and recommendations together with the
report relating to the investigation or further investigation and—
(a) if
he or she agrees with the assessment and recommendations, notify the
Authority, by writing, of his or her agreement; or
(b) if
he or she does not agree with the assessment or a recommendation, notify the
Authority, by writing, of his or her disagreement and the reasons for his or
her disagreement.
(2) The Authority
must, where the Commissioner notifies him or her of disagreement with an
assessment or recommendation under subsection (1), after considering the
Commissioner's reasons for disagreement and conferring with the Commissioner,
by notice in writing to the Commissioner, confirm or vary the assessment or
recommendation or substitute for the assessment or recommendation a new
assessment or recommendation.
(3) The Commissioner
must—
(a) take
all such steps (if any) as are necessary to give effect to any recommendations
of the Authority—
(i)
as agreed to by the Commissioner under
subsection (1); or
(ii)
as confirmed, varied or substituted by the Authority
under subsection (2); or
(b)
refer the matter to the Minister.
(4) Where a matter is
referred to the Minister under subsection (3), the Minister may
determine—
(a) that
certain action of a kind referred to in section 32(1)(b)(i) or (ii)
should be taken in consequence of the investigation or further investigation;
or
(b) that
no action should be taken in consequence of the investigation or further
investigation; or
(c) that
the matter should be further investigated by the internal investigation branch
or by the Authority, as he or she thinks fit.
(5) However, the
Minister must not make a determination under subsection (4) as to whether
action should be taken to charge a designated officer with an offence or
breach of discipline except in the following circumstances:
(a) if
the designated officer is a person appointed to be a protective
security officer under the Protective Security Act 2007 —in
consultation with the Minister administering that Act and the Director of
Public Prosecutions;
(b) in
any other case—in consultation with the Police Minister and the Director
of Public Prosecutions.
(6) The Authority and
the Commissioner must be notified, by writing, of any determination made by
the Minister under subsection (4).
(7) Where the Minister
makes a determination under subsection (4)(a), the Commissioner must take
all such steps as are necessary to give effect to the determination.
(8) Despite the
provisions of subsection (7), a determination of the Minister under
subsection (4)(a) that action should be taken to alter a practice,
procedure or policy relating to the police force or protective
security officers 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 or section 5 of the Protective Security Act 2007 (as
the case requires).
(9) Where the Minister
makes a determination under subsection (4)(c)—
(a) that
the matter should be further investigated by the internal
investigation branch, the Commissioner must refer the matter to that branch
for further investigation; or
(b) that
the matter should be further investigated by the Authority, the provisions of
this Act apply as if the determination of the Minister were a determination
made by the Authority under section 23(1).