South Australian Numbered Acts

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POLICE COMPLAINTS AND DISCIPLINE ACT 2016 (NO 60 OF 2016) - SECT 26

26—Commissioner may sanction designated officer following offence or breach of discipline

        (1)         If a designated officer

            (a)         is found guilty of an offence under a law of this State, the Commonwealth or another State or Territory; or

            (b)         admits an alleged breach of discipline in accordance with section 24

; or

            (c)         is found to have committed a breach of discipline in proceedings before the Tribunal,

the Commissioner may take action, or order the taking of action, of 1 or more of the following kinds in relation to the designated officer:

            (d)         termination of his or her appointment;

            (e)         suspension of his or her appointment for a specified period;

            (f)         if he or she is a member of SA Police—

                  (i)         transfer of the member to another position in SA Police for a specified period; or

                  (ii)         reduction in the member's rank (whether or not the loss of income resulting from the reduction exceeds the amount the amount prescribed for the purposes of paragraph (h)

); or

                  (iii)         reduction in the member's seniority;

            (g)         if he or she is a police cadet—withdrawal of specified rights or privileges for a specified period;

            (h)         reduction of his or her remuneration by a specified amount for a specified period (but not so that the total amount forfeited exceeds the amount prescribed by regulation for the purposes of this paragraph);

                  (i)         imposition of a fine not exceeding the amount prescribed by regulation;

            (j)         a reprimand recorded in his or her conduct and service history kept under the regulations;

            (k)         an unrecorded reprimand;

            (l)         counselling;

            (m)         education or training;

            (n)         action of any other kind prescribed by regulation.

        (2)         If the period for which a member of SA Police is transferred under subsection (1)(f)

is less than 12 months, he or she is entitled, on the expiration of the specified period, to return to the position he or she occupied before being so transferred.

        (3)         The Commissioner must, as soon as is reasonably practicable after action is taken under subsection (1)

in respect of a designated officer, notify the officer in charge of the IIS of the action taken.

        (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 (3)

, cause the information required by the regulations in respect of the action taken in relation to the designated officer to be recorded on the complaint management system.



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