South Australian Numbered Acts

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POLICE COMPLAINTS AND DISCIPLINE ACT 2016 (NO 60 OF 2016)


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Application of Act
   5.      Separate Internal Investigation Section to be constituted
   6.      Complaint management system
   7.      Code of conduct
   8.      Functions of OPI under Act
   9.      Complainant and designated officer to be kept informed of progress of complaint

   PART 2--Making complaints and reports Division 1--Complaints and reports about conduct of designated officers

   10.     Making a complaint about conduct of designated officer
   11.     Right of persons in custody to make complaint
   12.     Designated officers to report certain conduct of other designated officers
   13.     Action to be taken on receipt of complaint or report Division 2--Assessment of complaints and reports
   14.     Assessment of complaints and reports by IIS
   15.     Commissioner may decline to act in relation to certain complaints

   PART 3--Certain matters to be resolved by management resolution

   16.     Application of Part
   17.     Further matters relating to operation of Part
   18.     Dealing with matters by way of management resolution
   19.     Reporting results of management resolution of matter
   20.     Monitoring of management resolutions under Part

   PART 4--Formal proceedings for breach of discipline

   21.     Investigations of complaints and reports by IIS
   22.     Notice of allegation to be issued in respect of breaches of discipline
   23.     Suspension where charge of offence or alleged breach of discipline
   24.     Designated officer may admit or deny allegations
   25.     Allegations to be heard and determined by Tribunal
   26.     Commissioner may sanction designated officer following offence or breach of discipline

   PART 5--Oversight of complaints and reports by OPI etc

   27.     OPI may direct Commissioner etc in relation to handling of complaints and reports
   28.     Reassessment of certain complaints and reports by OPI
   29.     OPI may refer complaints and reports to ICAC
   30.     ICAC may investigate matters under section
   31.      Annual report on sanctions imposed for breaches of discipline

   PART 6--Appeals

   32.     Appeals

   PART 7--Police Disciplinary Tribunal

   33.     Constitution of Police Disciplinary Tribunal
   34.     Registrar and deputy registrar
   35.     Proceedings before Tribunal
   36.     Powers of Tribunal
   37.     Protection of Tribunal, counsel and witnesses
   38.     Reference of question of law
   39.     Costs
   40.     Reasons for decision

   PART 8--Miscellaneous

   41.     Obstruction of complaint or report
   42.     False or misleading statements
   43.     Use of evidence or information obtained under other Acts etc
   44.     Limitation on requirement to divulge information
   45.     Confidentiality
   46.     Publication of information and evidence
   47.     Service
   48.     Review of Act
   49.     Regulations
           SCHEDULE 1--Related amendments, repeal and transitional provisions


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