South Australian Current Acts

POLICE COMPLAINTS AND DISCIPLINE ACT 2016 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"breach of discipline" means conduct that contravenes this Act or breaches the code of conduct and that may be the subject of a notice of allegation under this Act;

"close relative" of a person means a spouse, domestic partner, parent or child of the person;

"code of conduct" or "Code" means—

            (a)         in relation to a designated officer who is a police security officer—the code of conduct established under section 7(1)(b); or

            (b)         in relation to a designated officer who is not a police security officer—the code of conduct established under section 7(1)(a);

"complaint" means a complaint made under section 10;

"complaint management system"—means the complaint management system established under section 6;

"corruption in public administration" has the same meaning as in the Independent Commission Against Corruption Act 2012 ;

"designated officer" means a person who is—

            (a)         a member of SA Police; or

            (b)         a police cadet; or

            (c)         a special constable; or

            (d)         a police security officer;

"Independent Commission Against Corruption" or "ICAC" means the Commission under the Independent Commission Against Corruption Act 2012 ;

"Internal Investigation Section" or "IIS" means the section of the police force constituted in accordance with section 5;

"maladministration in public administration" has the same meaning as in the Ombudsman Act 1972 ;

"misconduct in public administration" has the same meaning as in the Ombudsman Act 1972 ;

"notice of allegation"—see section 22(1);

"Office for Public Integrity" or "OPI" means the Office for Public Integrity under the Independent Commissioner Against Corruption Act 2012 ;

"police public servant" means a person (not being a designated officer) employed or performing duties in an administrative unit of the Public Service of which the Commissioner is the Chief Executive;

"party", to proceedings before the Tribunal, means the Commissioner and the designated officer to whom the proceedings relate;

"report" means a report made under section 12;

"resolution officer"—see section 18(1);

"Tribunal" means the Police Disciplinary Tribunal.

        (2)         In this Act, the following terms or phrases have the same meaning as in the Police Act 1998 :

            (a)         "Commissioner";

            (b)         "member of SA Police";

            (c)         "police cadet";

            (ca)         "police security officer";

            (d)         "SA Police";

            (e)         "special constable".

        (3)         For the purposes of this Act, a reference to the investigation of a matter will be taken to include a reference to the further investigation of the matter.