South Australian Consolidated Acts

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POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) ACT 1985 - SECT 46

46—Appeals in respect of discipline

        (1)         A party to proceedings before the Tribunal may appeal to the Court against a decision made by the Tribunal in those proceedings.

        (2)         A designated officer may appeal to the Court against an order of the Commissioner imposing punishment on him or her for a breach of discipline.

        (3)         Subsection (2) applies—

            (a)         whether the charge for the breach of discipline was laid in consequence of the investigation of a matter to which this Act applies or otherwise; and

            (b)         whether the order imposing the punishment was made on the designated officer being found guilty of the breach of discipline by the Tribunal or on the officer making an admission of guilt to the Commissioner.

        (4)         An appeal under this section must be instituted within one month of the making of the decision or order appealed against.

        (8)         No further appeal lies against a decision of the Court made on an appeal under this section.

        (9)         In this section—

"Court" means the Administrative and Disciplinary Division of the District Court;

"Tribunal" means—

            (a)         in relation to proceedings on a charge of a breach of discipline laid against a designated officer who is a protective security officer—the Protective Security Officers Disciplinary Tribunal; and

            (b)         in relation to proceedings on a charge of a breach of discipline laid against any other designated officer—the Police Disciplinary Tribunal.



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