South Australian Numbered Acts South Australian Numbered Acts25—Allegations to be heard and determined by Tribunal
(1) If an allegation contained in a notice of allegation is not admitted in accordance with section 24
, the allegation is to be heard and determined by the Tribunal.
(2) If the Tribunal is satisfied, on the balance of probabilities, that a designated officer committed a breach of discipline, the Tribunal must—
(a) make a finding that the designated officer committed the breach of discipline; and
(b) remit the proceedings to the Commissioner for the imposition of sanctions in accordance with section 26
; and
(c) as soon as is reasonably practicable, notify the IIS of the matters referred to in a preceding paragraph.
(3) When remitting proceedings to the Commissioner, the Tribunal may indicate to the Commissioner the Tribunal's assessment of the seriousness or otherwise of the breach of discipline committed by the designated officer and, in that event, the Commissioner must, when making his or her determination as to the imposition of sanctions, have due regard to the Tribunal's assessment.
(4) The officer in charge of the IIS must, as soon as is reasonably practicable (but in any event within 7 days) after receiving a notification under subsection (2)(c)
, cause the prescribed information in respect of the findings of the Tribunal, the remission of the proceedings to the Commissioner and any assessment of the Tribunal under subsection (3)
to be recorded on the complaint management system.