South Australian Consolidated Acts South Australian Consolidated Acts39—Charges in respect of breach of discipline
(1) If the
Commissioner charges a designated officer with a breach of discipline under
the Police Act 1998 or the Protective Security Act 2007 (as the case
requires) and the officer does not make an admission of guilt to the
Commissioner—
(a) if
the officer is a protective security officer—the proceedings on the
charge are to be heard and determined by the Protective Security Officers
Disciplinary Tribunal; and
(b) in
any other case—the proceedings on the charge are to be heard and
determined by the Police Disciplinary Tribunal.
(2) Subsection (1)
applies whether the charge is laid by the Commissioner in consequence of the
investigation of a matter to which this Act applies or otherwise.
(3) The Commissioner
(or person representing the Commissioner) in proceedings under this section
must, at the commencement of the proceedings, indicate to the Tribunal hearing
the proceedings which of the following categories of punishment the
Commissioner considers would, on the facts then known to the Commissioner,
most likely be appropriate if the Tribunal finds the designated officer guilty
of the breach of discipline:
(a)
category A—termination or suspension of the officer's appointment or
reduction in the officer's rank for an indefinite period;
(b)
category B—transfer of the officer (without reduction in rank for an
indefinite period), reduction of the officer's remuneration, reduction in the
officer's seniority or imposition of a fine;
(c)
category C—withdrawal of specified rights or privileges, a recorded or
unrecorded reprimand, counselling, education or training or action of a kind
prescribed by regulation.
(4) If the Tribunal
hearing proceedings under this section is satisfied, on the balance of
probabilities, that the designated officer committed the breach of discipline
with which he or she is charged, the Tribunal must make a finding that the
officer is guilty of the breach of discipline and remit the proceedings to the
Commissioner for the imposition of punishment on the officer in accordance
with the Police Act 1998 or the Protective Security Act 2007 (as the
case may be).
(5) When remitting
proceedings to the Commissioner under subsection (4), the Tribunal may
indicate to the Commissioner the Tribunal's assessment of the seriousness or
otherwise of the breach of discipline of which the designated officer has been
found guilty and, in that event, the Commissioner must, when making his or her
determination as to punishment, have due regard to the Tribunal's assessment.