South Australian Current Acts

POLICE ACT 1998 - SECT 52

52—Review of certain transfers

        (1)         If—

            (a)         a decision is made to transfer a member of SA Police to another position (other than under Part 6 or section 46); and

            (b)         the member believes that he or she is being punished for particular conduct,

the member may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision.

        (1a)         If—

            (a)         a decision is made to transfer a police security officer; and

            (b)         the officer believes that the officer is being punished for particular conduct,

the officer may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision.

        (2)         An application for review of the decision must be made to SAET within the period prescribed by regulation.

        (3)         SAET may in an appropriate case dispense with the requirement that the application be made within the prescribed period.

        (4)         If, on an application for review of a decision under this Division, SAET is satisfied that the transfer is in the nature of a punishment, SAET may do one or more of the following:

            (a)         quash the decision;

            (b)         remit the matter to the Commissioner for reconsideration;

            (c)         make recommendations for settlement of the matter.