South Australian Current Regulations

POLICE COMPLAINTS AND DISCIPLINE REGULATIONS 2017 - REG 12

12—Designated officer may admit or deny allegations

        (1)         For the purposes of section 24 of the Act, an admission or denial by the designated officer must be made to the registrar of the Tribunal within 21 days following the service of the notice of allegation on the officer.

        (2)         The registrar of the Tribunal must forward an admission by the designated officer made in accordance with subregulation (1), any written statement or request made by the designated officer and all other relevant papers to—

            (a)         the Commissioner; and

            (b)         the IIS for the purposes of inclusion of the information on the complaint management system under section 6 of the Act.

        (3)         On receipt of the admission, the Commissioner must consider any submissions in mitigation made by the designated officer—

            (a)         by written statement attached to the admission; or

            (b)         if the designated officer indicated in the admission a desire to appear before the Commissioner—by personal representation to the Commissioner,

before making a decision as to any action to be taken to impose a punishment on the designated officer.

        (4)         If the designated officer denies the allegation, or does not admit it in accordance with subregulation (1), the Tribunal must fix a time and place for hearing the allegation.