Police Act 1998 - legislation.sa.gov.au

1 Version: Published under the Legislation Revision and Publication Act 2002 1 South Australia Police Act 1998 An Act to make provision for the establishment and management of South Australia Police ; and for other purposes. Contents Part 1 Preliminary 1 Short title 3 Interpretation Part 2 General 4 Composition of Police 5 Purpose of Police 6 Commissioner responsible for control and management of Police 7 Exclusion of directions in relation to employment of particular persons 8 Directions to Commissioner to be Gazetted and laid before Parliament 9 Commissioner also responsible for control and management of Police cadets, Police medical officers and Police security officers 10 General management aims and standards 11 Orders Part 3 Commissioner.

2 Deputy Commissioner and Assistant Commissioners 12 Appointment of Commissioner of Police 13 Conditions of Commissioner's appointment 14 Deputy Commissioner 15 Assistant Commissioners 16 Conditions of appointment of Deputy and Assistant Commissioners 17 Termination of appointment of Commissioner or Deputy or Assistant Commissioner 18 Resignation 19 Delegation Part 4 Other members of SA Police Division 1 Appointment and resignation 20 Appointment of officers 21 Appointment of sergeants and constables 22 Further division of ranks 23 Term appointments for certain positions 24 Appointment of community Police 25 Police oath or affirmation 26 Effect of appointment and oath or affirmation 27 Probationary appointment Police Act 1998 Contents 2 Published under the Legislation Revision and Publication Act 2002 28 Performance standards for officers 29 Resignation and relinquishment of official duties Division 2 Special provisions relating to community Police 30 Powers.

3 Responsibilities and immunities of community Police 31 Suspension or termination of appointment of community Police 32 Conditions of appointment of community Police Part 5 Police cadets and Police medical officers 33 Police cadets 34 Suspension or termination of appointment of Police cadets 35 Resignation and relinquishment of official duties 36 Police medical officers Part 6 Drug and alcohol testing Division 2 Drug and alcohol testing 41A Interpretation 41B Drug and alcohol testing 41C Drug and alcohol testing of applicants to SA Police etc 41D Procedures for drug and alcohol testing 41E Biological samples, test results etc not to be used for other purposes Part 7 Termination and transfer of Police 45 Physical or mental disability or illness 46 Unsatisfactory performance 47 Power to transfer Part 8 Review of certain termination.

4 Transfer and promotion decisions Division 1 Termination reviews 48 Right of review Division 2 Transfer reviews 52 Review of certain transfers Division 3 Promotion reviews 53 Interpretation and application 54 Processes for appointment or nomination for prescribed promotional positions 55 Right of review 56 Grounds for application for review 57 Determination of application 58 Determination of question of eligibility for appointment Part 9 Special constables 59 Appointment of special constables 60 Oath or affirmation by special constables 61 Duties and powers of special constables 62 Suspension or termination of appointment of special constables 63 Allowances and equipment for special constables Police Act 1998 Contents Published under the Legislation Revision and Publication Act 2002 3 Part 9A Police security officers Division 1 Preliminary 63A Interpretation 63B Determination of protected persons.

5 Places or vehicles 63C References to protective security officers in other Acts etc Division 2 Modification of operation of this and other Acts etc in relation to Police security officers 63D Regulations may modify operation of this and other Acts etc in relation to Police security officers Division 3 Appointment etc of Police security officers 63E Appointment of Police security officers 63F Commissioner may determine structure of ranks 63G Oath or affirmation by Police security officers 63H Conditions of appointment 63I Identification of Police security officers 63J Suspension or termination of appointment of Police security officer 63K Resignation and relinquishment of official duties Division 4 Duties and powers of Police security officers 63L Interpretation 63M Duties of Police security officers 63N Powers of Police security officers 63O Limitations on duties and powers 63P Powers relating to security of protected person 63Q Powers relating to security of protected place 63R Dealing with dangerous objects and substances etc 63S Powers relating to

6 Security of protected vehicle 63T Power to search persons detained by Police security officers 63U Withdrawal of directions 63V Offences Part 10 Miscellaneous 64 Appointment and promotion procedures 65 Protection from liability for members of SA Police and Police security officers 66 Members subject to duty in or outside State 67 Divestment or suspension of powers 68 Duty to deliver up equipment etc 69 False statements in applications for appointment 70 Suspension or revocation of suspension under Act or regulations 71 Evidence of appointment 71A Evidence 72 Execution of process 73 Allowances 74 Impersonating Police or Police security officer and unlawful possession of certain property 74A Special provisions relating to criminal intelligence 74B Terrorism intelligence and terrorism notifications 75 Annual reports by Commissioner 76 Regulations Police Act 1998 Contents 4 Published under the Legislation Revision and Publication Act 2002 Schedule 1 Police Review Tribunal 1 Constitution of Tribunal 1B Constitution of Tribunal for purposes of proceedings under

7 Part 8 Division 3 2 Secretary to Tribunal 3 Proceedings before Tribunal 4 Powers of Tribunal 5 Practice and procedure Schedule 2 Transitional provisions 2 Transitional provisions Legislative history The Parliament of South Australia enacts as follows: Part 1 Preliminary 1 Short title This Act may be cited as the Police Act 1998 . 3 Interpretation In this Act Assistant Commissioner means an Assistant Commissioner of Police appointed under Part 3; Code means (a) in relation to Police security officers the code of conduct for the maintenance of professional standards by Police security officers established under the Police Complaints and Discipline Act 2016, as in force from time to time.

8 Or (b) in any other case the code of conduct for the maintenance of professional standards by designated officers established under the Police Complaints and Discipline Act 2016, as in force from time to time; Commissioner means the Commissioner of Police appointed under Part 3; community constable means a person appointed under Part 4 to be a community constable, and community Police means community constables as a group; Deputy Commissioner means the Deputy Commissioner of Police appointed under Part 3; member of SA Police means the Commissioner, the Deputy Commissioner or an Assistant Commissioner or any person appointed under Part 4, but does not include a Police cadet, Police medical officer, special constable or Police security officer; merit, in relation to selection processes for filling positions, means (a) the extent to which each of the applicants has a record of good conduct and integrity.

9 And Police Act 1998 Preliminary Part 1 Published under the Legislation Revision and Publication Act 2002 5 (b) the extent to which each of the applicants has abilities, aptitude, skills, qualifications, knowledge, experience (including community experience), potential for development and personal qualities relevant to the carrying out of the duties in question; and (c) the manner in which each of the applicants carried out any previous employment or occupational duties or functions; officer means a member of SA Police of or above the rank of inspector; Police cadet means a person appointed under Part 5 to be a Police cadet; Police Review Tribunal means the Police Review Tribunal established under Schedule 1; Police security officer means a person appointed under Part 9A as a Police security officer; SAET means the South Australian Emplo