South Australian Numbered Acts

PROTECTIVE SECURITY ACT 2007 (NO 25 OF 2007) - SECT 29

29—Review of informal inquiry

        (1)         If a protective security officer is found on an informal inquiry to have committed a breach of the Code, the officer may apply for a review under this section on the ground that he or she did not commit the breach concerned or that there was a serious irregularity in the processes followed in the informal inquiry.

        (2)         If a determination is made on an informal inquiry that action should be taken in relation to the protective security officer concerned for a breach of the Code, the officer may apply for a review under this section on the ground that the action is not warranted by the nature of the breach or in the circumstances of the case.

        (3)         An application for review under this section must be made to a person determined under the regulations within the period and in the manner prescribed by the regulations.

        (4)         A person to whom an application is made under this section—

            (a)         must, as soon as practicable, conduct a review (subject to this Act and any order or direction of the Commissioner) of the processes followed in the informal inquiry, or the finding or determination made on the informal inquiry, as the case may require; and

            (b)         must afford the applicant an opportunity to make submissions either orally or in writing in support of his or her application; and

            (c)         may, according to the nature of the case—

                  (i)         order that a new informal inquiry be conducted or that the processes involved in the inquiry be recommenced from some specified stage; or

                  (ii)         affirm or quash any finding or determination reviewed; or

                  (iii)         make a determination that should have been made in the first instance; and

            (d)         must ensure that a written report of the results of the review is prepared and delivered to the Commissioner; and

            (e)         must ensure that particulars of the results of the review are furnished to the protective security officer concerned.

        (5)         This section applies to the exclusion of any right of appeal under Part 7 of the Police (Complaints and Disciplinary Proceedings) Act 1985 .