POLICE COMPLAINTS AND DISCIPLINE REGULATIONS 2017

South Australian Current Regulations

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POLICE COMPLAINTS AND DISCIPLINE REGULATIONS 2017 - SCHEDULE 2

Schedule 2—Information to be included on complaint management system by IIS (regulation 6)

Item

Section of Act

What information must be included?

Manner of including information

Action to be taken on receipt of complaint or report (section 13 of the Act)

1

Section 13(5)

The following information if known:

(a) the name, date of birth and contact details of the complainant;

(b) the details of the complaint including—

(i) the date, time and location of the events the subject of the complaint; and

(ii) details of the designated officer or officers the subject of the complaint, including their name, badge ID, rank, posting, date of birth, whether or not uniformed and, if a vehicle was involved, any vehicle description or details; and

(iii) a description of the events comprising the complaint;

(c) details of any complaint made by the complainant under the repealed Act;

(d) the names and contact details of any witnesses;

(e) details given by any witnesses, including—

(i) their description of the events; and

(ii) their degree of involvement in the events;

(f) details of the designated officer or police public servant to whom the complaint was made, including their name, badge ID, rank and posting;

(g) method by which the complaint was made, eg by telephone, in person, by email or by mail and the date, time and location (eg local service area or station) of the making of the complaint;

(h) any supporting documentation.

As soon as reasonably practicable (but in any event within 7 days) after the IIS receives a complaint.

2

Section 13(5)

The following information if known:

(a) details of the designated officer who made the report, including their name, badge ID, rank, posting and contact details;

(b) the details of the report including—

(i) the date, time and location of the events the subject of the report; and

(ii) details of the designated officer or officers the subject of the report, including their name, badge ID, rank, posting, date of birth, whether or not uniformed and, if a vehicle was involved, any vehicle description or details; and

(iii) a description of the events comprising the report;

(c) the names and contact details of any witnesses;

(d) details given by any witnesses, including—

(i) their description of the events;

(ii) their degree of involvement in the events;

(e) method by which the report was made, eg by telephone, in person, by email or by mail and the date, time and location (eg local service area or station) of the making of the report;

(f) any supporting documentation

As soon as reasonably practicable (but in any event within 7 days) after the IIS receives a report.

Assessment of complaints and reports by IIS (section 14 of the Act)

3

Sections 14 and 28(1)

The following information:

(a) the name and position of the officer to whom assessment of the matter has been allocated (the assessing officer );

(b) whether the matter has been assessed as sensitive or urgent (or both);

(c) a summary of the assessment by the assessing officer, including—

(i) the assessment of each of the issues against the criteria under section 14(1) of the Act and the code of conduct; and

(ii) the reasons for the assessment; and

(iii) the date and time of the assessment; and

(iv) the action recommended by the assessing officer as a result of the assessment (for example, management resolution, further investigation, referral to the OPI, no further action or other);

(d) details of the determination and recommendation by the officer in charge of the IIS on the assessment, including—

(i) the name of the officer in charge of the IIS; and

(ii) whether or not the officer agrees with the determination and recommendation by the assessing officer; and

(iii) reasons for any disagreement with the determination or recommendation by the assessing officer; and

(iv) the date of the determination and recommendation by the officer in charge of the IIS;

(e) details of any notification to OPI under section 14(4) of the Act, including—

(i) the date and time of the notification; and

(ii) the name of the person notified;

(f) details of any further allocation or referral of the complaint or report, including—

(i) the date and time of the allocation or referral; and

(ii) the name of the person to whom the matter has been allocated or referred and their rank, position and place of work.

As soon as reasonably practicable after a complaint or report is assessed by the IIS.

Reporting results of management resolution of matter (section 19 of the Act)

4

Section 19(3)

The details of the report provided to the IIS under section 19(2) of the Act (see item 1 of the table in Schedule 1)

As soon as reasonably practicable (but in any event within 7 days) after the IIS receives a report relating to a management resolution.

Investigations of complaints and reports by section 21(14) investigating officers (section 21 of the Act)

5

Section 6

The information received from the section 21(14) investigating officer (see item 2 of the table in Schedule 1).

Within 48 hours of receipt of the information from the section 21(14) investigating officer.

6

Section 6

The information received from the section 21(14) investigating officer (see item 3 of the table in Schedule 1).

Within 48 hours of receipt of the information from the section 21(14) investigating officer.

7

Section 6

The information received from the section 21(14) investigating officer (see item 4 of the table in Schedule 1).

Within 48 hours of receipt of the information from the section 21(14) investigating officer.

Investigations of complaints and reports by officers other than section 21(14) investigating officers (section 21 of the Act)

8

Section 6

Initial details of the investigation including the following:

(a) the name, badge ID, rank and posting of the investigating officer;

(b) a summary of the complaint or report;

(c) the scope and objectives of the investigation;

(d) the risks, strategies, contingencies and resources relating to the investigation;

(e) the officer's reporting obligations (internal and external);

(f) the projected time-frame for the investigation.

Within 2 weeks following the allocation of the investigation under section 21 of the Act to the investigating officer.

9

Section 6

Details of the actions undertaken or followed up during the course of an investigation including—

(a) the dates and times of each action; and

(b) the outcomes of each action.

During the course of an investigation under section 21 of the Act (within 48 hours of completing or following up each action).

10

Section 6

A monthly update of the progress of the investigation, including the following:

(a) the progress that was intended to be achieved by the time of the update;

(b) the progress that was actually achieved by that time;

(c) the reasons for any shortfall in the progress;

(d) the progress intended to be achieved by the time of the next update.

Once per month during the course of an investigation under section 21 of the Act (following the inclusion of the initial details in item 8 of this table).

11

Section 6

The following information:

(a) a copy of the investigation report;

(b) a summary of the recommendations from the report;

(c) determination by the Commissioner on the recommendations.

As soon as reasonably practicable after the completion of an investigation under section 21 of the Act.

Designated officer may admit or deny allegations (section 24 of the Act)

12

Section 6

The details of any admission or denial of the allegations under section 24 of the Act.

As soon as reasonably practicable (but in any event within 7 days) after the IIS receives the information referred to in regulation 12(2)(b) from the registrar of the Tribunal.

Allegations to be heard and determined by Tribunal (section 25 of the Act)

13

Section 25(4)

The following information:

(a) the name, badge ID, rank and posting of the designated officer concerned;

(b) details of the notice of allegation under section 22(1) of the Act;

(c) details of OPI's submission under section 22(2) of the Act and the Commissioner's response to the submission;

(d) details of the written notice of likely punishment provided under section 22(4) of the Act;

(e) details of the findings of the Tribunal;

(f) whether the proceedings were remitted to the Commissioner under section 25(2) of the Act;

(g) details of any indication made by the Tribunal to the Commissioner under section 25(3) of the Act.

As soon as reasonably practicable (but in any event within 7 days) after the IIS receives a notification from the Tribunal under section 25(2)(c) of the Act.

Commissioner may sanction designated officer following offence or breach of discipline (section 26 of the Act)

14

Section 26(4)

The following information:

(a) the name, badge ID, rank and posting of the designated officer concerned;

(b) details of the notice of allegation under section 22(1) of the Act;

(c) details of OPI's submission under section 22(2) of the Act and the Commissioner's response to the submission;

(d) details of the written notice of likely punishment provided under section 22(4) of the Act;

(e) details of the findings of the Tribunal;

(f) whether the proceedings were remitted to the Commissioner under section 25(2) of the Act;

(g) details of any indication made by the Tribunal to the Commissioner under section 25(3) of the Act;

(h) details of the action taken against the designated officer under section 26 of the Act;

(i) whether the designated officer concerned has appealed to the Court under section 32(3) of the Act.

As soon as reasonably practicable (but in any event within 7 days) after the IIS receives a notification from the Commissioner under section 26(3) of the Act.

Reassessment of certain complaints and reports by OPI (section 28 of the Act)

15

Section 28(3)

The following information:

(a) the name and position of the officer who conducted the reassessment of the complaint or report;

(b) details of the substituted assessment including—

(i) the reassessment of each of the issues against the criteria in section 14(1) of the Act and the code of conduct; and

(ii) the reasons for the reassessment; and

(iii) the date and time of the reassessment;

(c) the action recommended as a result of the reassessment (for example, management resolution, further investigation, no further action or other);

(d) details of any further allocation or referral of the complaint or report, including—

(i) the date and time of the allocation or referral; and

(ii) the name of the person to whom the matter has been allocated or referred and their rank, position and place of work.

As soon as reasonably practicable (but in any event within 7 days) after becoming aware of a substituted assessment.

Appeals (section 32 of the Act)

16

Section 6

The following details:

(a) the date on which the appeal was instituted;

(b) the name, badge ID, rank and posting of the appellant;

(c) the grounds of the appeal;

(d) a copy of the notice of appeal.

As soon as reasonably practicable after the officer in charge of the IIS becomes aware of the institution of the appeal.

17

Section 6

The following details:

(a) the name, badge ID, rank and posting of the designated officer concerned;

(b) a link (by reference to the file number of the matter) to the historical records on the CMS relating to the matter;

(c) the outcome of the appeal, or, if the appeal was discontinued, that fact and the reasons for the discontinuation.

As soon as reasonably practicable after the officer in charge of the IIS becomes aware of the completion or discontinuation of the appeal.

Item	Section of Act	What information must be included?	Manner of including information
Action to be taken on receipt of complaint or report (section 13 of the Act)
1	Section 13(5)	The following information if known: (a) the name, date of birth and contact details of the complainant; (b) the details of the complaint including— (i) the date, time and location of the events the subject of the complaint; and (ii) details of the designated officer or officers the subject of the complaint, including their name, badge ID, rank, posting, date of birth, whether or not uniformed and, if a vehicle was involved, any vehicle description or details; and (iii) a description of the events comprising the complaint; (c) details of any complaint made by the complainant under the repealed Act; (d) the names and contact details of any witnesses; (e) details given by any witnesses, including— (i) their description of the events; and (ii) their degree of involvement in the events; (f) details of the designated officer or police public servant to whom the complaint was made, including their name, badge ID, rank and posting; (g) method by which the complaint was made, eg by telephone, in person, by email or by mail and the date, time and location (eg local service area or station) of the making of the complaint; (h) any supporting documentation.	As soon as reasonably practicable (but in any event within 7 days) after the IIS receives a complaint.
2	Section 13(5)	The following information if known: (a) details of the designated officer who made the report, including their name, badge ID, rank, posting and contact details; (b) the details of the report including— (i) the date, time and location of the events the subject of the report; and (ii) details of the designated officer or officers the subject of the report, including their name, badge ID, rank, posting, date of birth, whether or not uniformed and, if a vehicle was involved, any vehicle description or details; and (iii) a description of the events comprising the report; (c) the names and contact details of any witnesses; (d) details given by any witnesses, including— (i) their description of the events; (ii) their degree of involvement in the events; (e) method by which the report was made, eg by telephone, in person, by email or by mail and the date, time and location (eg local service area or station) of the making of the report; (f) any supporting documentation	As soon as reasonably practicable (but in any event within 7 days) after the IIS receives a report.
Assessment of complaints and reports by IIS (section 14 of the Act)
3	Sections 14 and 28(1)	The following information: (a) the name and position of the officer to whom assessment of the matter has been allocated (the *assessing officer* ); (b) whether the matter has been assessed as sensitive or urgent (or both); (c) a summary of the assessment by the assessing officer, including— (i) the assessment of each of the issues against the criteria under section 14(1) of the Act and the code of conduct; and (ii) the reasons for the assessment; and (iii) the date and time of the assessment; and (iv) the action recommended by the assessing officer as a result of the assessment (for example, management resolution, further investigation, referral to the OPI, no further action or other); (d) details of the determination and recommendation by the officer in charge of the IIS on the assessment, including— (i) the name of the officer in charge of the IIS; and (ii) whether or not the officer agrees with the determination and recommendation by the assessing officer; and (iii) reasons for any disagreement with the determination or recommendation by the assessing officer; and (iv) the date of the determination and recommendation by the officer in charge of the IIS; (e) details of any notification to OPI under section 14(4) of the Act, including— (i) the date and time of the notification; and (ii) the name of the person notified; (f) details of any further allocation or referral of the complaint or report, including— (i) the date and time of the allocation or referral; and (ii) the name of the person to whom the matter has been allocated or referred and their rank, position and place of work.	As soon as reasonably practicable after a complaint or report is assessed by the IIS.
Reporting results of management resolution of matter (section 19 of the Act)
4	Section 19(3)	The details of the report provided to the IIS under section 19(2) of the Act (see item 1 of the table in Schedule 1)	As soon as reasonably practicable (but in any event within 7 days) after the IIS receives a report relating to a management resolution.
*Investigations of complaints and reports by section 21(14) investigating officers* (section 21 of the Act)**
5	Section 6	The information received from the section 21(14) investigating officer (see item 2 of the table in Schedule 1).	Within 48 hours of receipt of the information from the section 21(14) investigating officer.
6	Section 6	The information received from the section 21(14) investigating officer (see item 3 of the table in Schedule 1).	Within 48 hours of receipt of the information from the section 21(14) investigating officer.
7	Section 6	The information received from the section 21(14) investigating officer (see item 4 of the table in Schedule 1).	Within 48 hours of receipt of the information from the section 21(14) investigating officer.
*Investigations of complaints and reports by officers other than section 21(14) investigating officers* (section 21 of the Act)**
8	Section 6	Initial details of the investigation including the following: (a) the name, badge ID, rank and posting of the investigating officer; (b) a summary of the complaint or report; (c) the scope and objectives of the investigation; (d) the risks, strategies, contingencies and resources relating to the investigation; (e) the officer's reporting obligations (internal and external); (f) the projected time-frame for the investigation.	Within 2 weeks following the allocation of the investigation under section 21 of the Act to the investigating officer.
9	Section 6	Details of the actions undertaken or followed up during the course of an investigation including— (a) the dates and times of each action; and (b) the outcomes of each action.	During the course of an investigation under section 21 of the Act (within 48 hours of completing or following up each action).
10	Section 6	A monthly update of the progress of the investigation, including the following: (a) the progress that was intended to be achieved by the time of the update; (b) the progress that was actually achieved by that time; (c) the reasons for any shortfall in the progress; (d) the progress intended to be achieved by the time of the next update.	Once per month during the course of an investigation under section 21 of the Act (following the inclusion of the initial details in item 8 of this table).
11	Section 6	The following information: (a) a copy of the investigation report; (b) a summary of the recommendations from the report; (c) determination by the Commissioner on the recommendations.	As soon as reasonably practicable after the completion of an investigation under section 21 of the Act.
Designated officer may admit or deny allegations (section 24 of the Act)
12	Section 6	The details of any admission or denial of the allegations under section 24 of the Act.	As soon as reasonably practicable (but in any event within 7 days) after the IIS receives the information referred to in regulation 12(2)(b) from the registrar of the Tribunal.
Allegations to be heard and determined by Tribunal (section 25 of the Act)
13	Section 25(4)	The following information: (a) the name, badge ID, rank and posting of the designated officer concerned; (b) details of the notice of allegation under section 22(1) of the Act; (c) details of OPI's submission under section 22(2) of the Act and the Commissioner's response to the submission; (d) details of the written notice of likely punishment provided under section 22(4) of the Act; (e) details of the findings of the Tribunal; (f) whether the proceedings were remitted to the Commissioner under section 25(2) of the Act; (g) details of any indication made by the Tribunal to the Commissioner under section 25(3) of the Act.	As soon as reasonably practicable (but in any event within 7 days) after the IIS receives a notification from the Tribunal under section 25(2)(c) of the Act.
Commissioner may sanction designated officer following offence or breach of discipline (section 26 of the Act)
14	Section 26(4)	The following information: (a) the name, badge ID, rank and posting of the designated officer concerned; (b) details of the notice of allegation under section 22(1) of the Act; (c) details of OPI's submission under section 22(2) of the Act and the Commissioner's response to the submission; (d) details of the written notice of likely punishment provided under section 22(4) of the Act; (e) details of the findings of the Tribunal; (f) whether the proceedings were remitted to the Commissioner under section 25(2) of the Act; (g) details of any indication made by the Tribunal to the Commissioner under section 25(3) of the Act; (h) details of the action taken against the designated officer under section 26 of the Act; (i) whether the designated officer concerned has appealed to the Court under section 32(3) of the Act.	As soon as reasonably practicable (but in any event within 7 days) after the IIS receives a notification from the Commissioner under section 26(3) of the Act.
Reassessment of certain complaints and reports by OPI (section 28 of the Act)
15	Section 28(3)	The following information: (a) the name and position of the officer who conducted the reassessment of the complaint or report; (b) details of the substituted assessment including— (i) the reassessment of each of the issues against the criteria in section 14(1) of the Act and the code of conduct; and (ii) the reasons for the reassessment; and (iii) the date and time of the reassessment; (c) the action recommended as a result of the reassessment (for example, management resolution, further investigation, no further action or other); (d) details of any further allocation or referral of the complaint or report, including— (i) the date and time of the allocation or referral; and (ii) the name of the person to whom the matter has been allocated or referred and their rank, position and place of work.	As soon as reasonably practicable (but in any event within 7 days) after becoming aware of a substituted assessment.
Appeals (section 32 of the Act)
16	Section 6	The following details: (a) the date on which the appeal was instituted; (b) the name, badge ID, rank and posting of the appellant; (c) the grounds of the appeal; (d) a copy of the notice of appeal.	As soon as reasonably practicable after the officer in charge of the IIS becomes aware of the institution of the appeal.
17	Section 6	The following details: (a) the name, badge ID, rank and posting of the designated officer concerned; (b) a link (by reference to the file number of the matter) to the historical records on the CMS relating to the matter; (c) the outcome of the appeal, or, if the appeal was discontinued, that fact and the reasons for the discontinuation.	As soon as reasonably practicable after the officer in charge of the IIS becomes aware of the completion or discontinuation of the appeal.

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