South Australian Current Regulations

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POLICE COMPLAINTS AND DISCIPLINE REGULATIONS 2017 - SCHEDULE 3

Schedule 3—Code of conduct

1—Interpretation

In this Schedule—

behave includes any form of behaviour, whether by word, conduct or omission;

department means the administrative unit of the Public Service of which the Commissioner is chief executive, or in relation to which the Commissioner has the powers and functions of chief executive, under the Public Sector Act 2009 ;

duty , in relation to a designated officer, means a duty of the designated officer under the Act, these regulations or any other Act or law;

order , in relation to a designated officer, means—

            (a)         a general or special order made or given by the Commissioner; or

            (b)         an order given by a person with authority under the Act or these regulations to give such an order to the designated officer.

2—Honesty and integrity

A designated officer must at all times act with honesty and integrity, whether in the course of his or her employment or otherwise.

3—Conduct prejudicial to SA Police

A designated officer must not, in the course of his or her employment or otherwise, behave in a manner that—

            (a)         reflects or is likely to reflect adversely on SA Police; or

            (b)         is prejudicial to good order and discipline in SA Police.

4—Performance of orders and duties

A designated officer must not, without good and sufficient cause, disobey a lawful order or direction or fail to carry out a lawful order, direction or duty promptly and diligently.

5—Negligence

A designated officer must not be negligent in carrying out a lawful order, direction or duty.

6—Proper exercise of authority

A designated officer must—

            (a)         use only such force as is reasonably necessary in the execution of his or her duties; and

            (b)         exercise his or her powers of arrest and search, and any other power or authority conferred on the designated officer by virtue of his or her employment, reasonably and for a proper purpose.

7—Conduct towards public, designated officers in the department

A designated officer, in dealing with members of the public in the course of his or her employment, or in dealing at any time with designated officers, police medical officers or other persons employed in or performing duties or functions in the department—

            (a)         must not unlawfully discriminate against any person; and

            (b)         must not behave in an oppressive, offensive, abusive or insulting manner; and

            (c)         must be impartial and respectful.

8—Conflict of interest

A designated officer—

            (a)         must not knowingly place himself or herself in a position that creates or is likely to create a conflict of interest with his or her position as a designated officer; and

            (b)         must immediately report any such conflict (or likelihood of conflict) that arises to an officer senior to the designated officer.

9—Improperly obtaining benefit or advantage

A designated officer must not improperly obtain or seek to obtain a benefit or advantage for himself or herself or another person from his or her position as a designated officer.

10—Confidentiality of information

A designated officer must treat information obtained by SA Police (or by the designated officer by virtue of his or her employment) as confidential and must not—

            (a)         seek to obtain access to such information except in the proper execution of his or her duties; or

            (b)         improperly use or disclose such information.

11—Responsibility for property

A designated officer must not lose, damage, waste or misuse SA Police property or property in the custody of SA Police and must do everything within his or her authority to prevent, and report in accordance with general or special orders, the loss, damage, waste or misuse of such property.

12—Improper complaint

A designated officer must not make a false or frivolous complaint against—

            (a)         another designated officer; or

            (b)         a police medical officer; or

            (c)         a person employed in or performing duties or functions in the department.

13—Foreign law

A designated officer must not be found guilty of an offence under foreign law in respect of conduct that would have constituted an offence if it had occurred in this State.



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