South Australian Consolidated Acts South Australian Consolidated Acts36—Dealing with particulars about matter under investigation
(1) Subject to
subsection (4), the Authority must, in relation to each matter under
investigation, enter in the register kept by him or her under section 29
and furnish to the designated officer concerned and, unless the identity of
the complainant is not known or the investigation does not relate to a
complaint, to the complainant—
(a)
particulars of all assessments and recommendations made by the Authority in
relation to the matter, being assessments and recommendations—
(i)
as agreed to by the Commissioner under
section 34(1); or
(ii)
as confirmed, varied or substituted by the Authority
under section 34(2); and
(b)
particulars of any determination made by the Minister under section 34(4)
in relation to the matter.
(2) The Authority
must, in relation to each matter under investigation, enter in the register
kept by him or her under section 29 and, unless the identity of the
complainant is not known or the investigation does not relate to a complaint,
furnish to the complainant—
(a)
particulars of action taken by the Commissioner under section 34 in
consequence of the investigation or further investigation of the matter; and
(b)
where the action involves the laying of a charge of an offence or
breach of discipline against a designated officer—particulars of the
final outcome of proceedings in respect of the charge including any decision
of a court or the Commissioner as to punishment of the officer.
(3) Subject to
subsections (4) and (5), the Authority may, when furnishing particulars
to a designated officer or a complainant under subsection (1) or (2),
make such comments in relation to the matter as he or she thinks fit.
(4) If a
recommendation or determination in relation to a matter under investigation is
that a designated officer be charged with an offence or breach of discipline,
the officer and the complainant are to be furnished with particulars of the
recommendation or determination only and without comments in relation to the
matter.
(5) If there is no
recommendation or determination in relation to a matter under investigation
that a designated officer be charged with an offence or breach of discipline,
the Authority may not make a comment that is critical of any person without
giving that person an opportunity to respond in writing within seven days of
being notified in writing of the proposed comment and taking into account any
such response.