South Australian Numbered Acts South Australian Numbered Acts18—Amendment of Schedule 1—Police Review Tribunal
(1) Schedule 1, clause 1(2) to (7)—delete subclauses (2) to (7) (inclusive)
(2) Schedule 1, clause 2—delete clause 2 and substitute:
1A—Constitution of Tribunal for purposes of proceedings under Part 8 Division 1 or 2
(1) The Tribunal will, for the purposes of proceedings under Part 8 Division 1 or 2, be constituted of a magistrate appointed by the Governor.
(2) The magistrate appointed to constitute the Tribunal will be appointed for such term of office, not exceeding 3 years, as the Governor may determine and, on the expiration of his or her term of office, will be eligible for reappointment.
(3) The Governor may appoint another magistrate to be the deputy of the magistrate appointed to constitute the Tribunal and the Tribunal will, for any period for which the magistrate appointed to constitute the Tribunal is absent or unavailable, be constituted of that other magistrate.
1B—Constitution of Tribunal for purposes of proceedings under Part 8 Division 3
(1) The Tribunal will, for the purposes of proceedings under Part 8 Division 3, consist of a person appointed by the Minister under subclause (2) or, if that person is unable to act, a person appointed as a deputy under subclause (3).
(2) The Minister may appoint a person to the Tribunal for a term of 3 years and on conditions determined by the Minister.
(3) The Minister may appoint a deputy of a person appointed to the Tribunal under subclause (2).
(4) The appointment of a deputy will be for a term of 3 years and on conditions determined by the Minister.
(5) A person appointed under subclause (2) or (3)—
(a) must be a legal practitioner of at least 5 years standing; and
(b) is eligible for reappointment at the end of a term of office; and
(c) may be removed from office by the Minister—
(i) for breach of, or non-compliance with, a condition of appointment; or
(ii) for misconduct; or
(iii) for failure or incapacity to carry out official duties satisfactorily.
(6) The office of a person appointed under subclause (2) or (3) becomes vacant if the person—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) ceases to satisfy the qualification by virtue of which the person was eligible for appointment; or
(e) is removed from office under subclause (5).
2—Secretary to Tribunal
(1) There will be a Secretary to the Tribunal.
(2) The Secretary will be a member of SA Police or a Public Service employee.
(3) The position of Secretary may be held in conjunction with any other position in SA Police or the Public Service.
(4) The Secretary will have the duties and functions conferred by this Act or any other Act and such other duties and functions as may be directed by the Tribunal.