South Australian Current Acts

POLICE ACT 1998 - SECT 27

27—Probationary appointment

        (1)         Subject to this section, a person's appointment to a position in SA Police will be on probation for a period determined by the Commissioner not exceeding—

            (a)         in the case of a person who, immediately before appointment, was not a member of SA Police—two years; or

            (b)         in any other case—one year.

        (2)         For the purposes of subsection (1), the period of probationary service of a member of SA Police does not include—

            (a)         if the Commissioner so determines—the whole or a part of any period during which the member, while on full or reduced pay—

                  (i)         is absent from duty (other than on recreation leave); or

                  (ii)         performs duties that have been limited or varied by reason of physical or mental disability or illness of the member; or

            (b)         except where the Commissioner determines to the contrary—

                  (i)         any period during which the member is absent from duty without pay; or

                  (ii)         any period during which the member's appointment is suspended.

        (3)         The Commissioner may at any time during the period of probation of a member, having regard to the person's suitability for permanent appointment—

            (a)         confirm the appointment; or

            (b)         extend or further extend the period of the probation for such period as the Commissioner determines, but not so that the total period of probation exceeds the maximum period allowed in relation to the person under this section; or

            (c)         terminate the appointment.

        (5)         An appointment on probation will be taken to have been confirmed if, at the end of the period of probation, the appointment has not previously been confirmed or terminated.

        (6)         If—

            (a)         a person's appointment is terminated under this section; and

            (b)         the person's appointment constituted a promotion from another position in SA Police of a lower rank,

the person will, on the termination, revert to a position in SA Police approved by the Commissioner at that lower rank.

        (7)         This section does not apply to the following appointments:

            (a)         appointment as the Commissioner, the Deputy Commissioner or an Assistant Commissioner;

            (b)         appointment for a term under this Division;

            (c)         subject to subsection (8)—appointment of a member of SA Police to another position of the same rank as that held by the member immediately before the appointment to the other position;

            (d)         appointment as a community constable.

        (8)         If the appointment of a member of SA Police to a position is on probation and the member is, during the probationary period, appointed to another position of the same rank, the period of probation carries over to that other appointment (and the provisions of this section (other than subsection (7)(c)) apply accordingly).