Title: Police (Complaints and Disciplinary Proceedings)Act 1985
Author: Office of Parliamentary Counsel
Category: historical
Document comments: 1.9.2014 to 3.9.2017

Historical version: 1.9.2014 to 3.9.2017—Act repealed

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 1—Preliminary

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Preliminary—Part 1

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 2—Police Ombudsman

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Police Ombudsman—Part 2

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 3—Internal Investigation Section

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Internal Investigation Section—Part 3

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 4—Complaints and investigations

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Complaints and investigations—Part 4

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 5—Action consequential on investigation

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Action consequential on investigation—Part 5

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 6—Tribunals
Division 1—Constitution of Police Disciplinary Tribunal

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Tribunals—Part 6
Constitution of Police Disciplinary Tribunal—Division 1

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 6—Tribunals
Division 2—Constitution of Protective Security Officers Disciplinary Tribunal

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Tribunals—Part 6
Constitution of Protective Security Officers Disciplinary Tribunal—Division 2

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 6—Tribunals
Division 3—Registrar and deputy registrar

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Tribunals—Part 6
Registrar and deputy registrar—Division 3

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 6—Tribunals
Division 4—Charges in respect of breach of discipline

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Tribunals—Part 6
Charges in respect of breach of discipline—Division 4

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 6—Tribunals
Division 5—General provisions relating to proceedings, powers etc of both Tribunals

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Tribunals—Part 6
General provisions relating to proceedings, powers etc of both Tribunals—Division 5

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 7—Appeals in respect of discipline

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Appeals in respect of discipline—Part 7

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Part 8—Miscellaneous

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Miscellaneous—Part 8

Police (Complaints and Disciplinary Proceedings) Act 1985—1.9.2014 to 3.9.2017—repealed
Legislative history

repealed—1.9.2014 to 3.9.2017—Police (Complaints and Disciplinary Proceedings) Act 1985
Legislative history

South Australia
Police (Complaints and Disciplinary Proceedings) Act 1985
An Act to provide for the investigation of complaints made in respect of police officers, protective security officers and certain other persons; to provide for the appointment of a Police Ombudsman and to prescribe his or her duties and functions; to make provision in relation to disciplinary proceedings; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
3	Interpretation
4	Act not to derogate from other law
Part 2—Police Ombudsman
5	Appointment of Police Ombudsman
6	Ombudsman not to engage in other remunerative employment
7	Term of office
8	Removal from office
9	Staff of Ombudsman
11	Acting Ombudsman
11A	Delegation by Ombudsman
12	Protection for Ombudsman and person acting under direction
Part 3—Internal Investigation Section
13	Constitution of Internal Investigation Section
14	Officer in charge entitled to report directly to Commissioner
15	Duties of police officers serving in IIS
Part 4—Complaints and investigations
16	Complaints to which this Act applies
17	Right of persons detained in custody to make complaint to Ombudsman
18	Action on complaint being made to designated officer
19	Action on complaint being made to Ombudsman
20	Ombudsman to notify complainant of receipt of complaint
21	Determination by Ombudsman that investigation not warranted
21A	Determination by Ombudsman to resolve complaint informally
22	Conciliation
22A	Ombudsman may initiate investigation
23	Determination that matter be investigated by Ombudsman
24	Effect of certain determinations of Ombudsman
25	Investigations by IIS
26	Powers of Ombudsman to oversee investigations by IIS
28	Investigation of matters by Ombudsman
28A	Obstruction
29	Register to be kept by Ombudsman
30	Ombudsman to respond to inquiries by complainants
Part 5—Action consequential on investigation
31	Reports of investigations by IIS to be furnished to Ombudsman
32	Ombudsman to make assessment and recommendations in relation to investigations by IIS
33	Ombudsman to report on and make assessment and recommendations in relation to investigations carried out by Ombudsman
34	Recommendations of Ombudsman and consequential action by Commissioner
35	Commissioner to notify Ombudsman of laying of charges or other action consequential on investigation
36	Dealing with particulars about matter under investigation
Part 6—Tribunals
Division 1—Constitution of Police Disciplinary Tribunal
37	Constitution of Police Disciplinary Tribunal
Division 2—Constitution of Protective Security Officers Disciplinary Tribunal
37A	Constitution of Protective Security Officers Disciplinary Tribunal
Division 3—Registrar and deputy registrar
38	Registrar and deputy registrar
Division 4—Charges in respect of breach of discipline
39	Charges in respect of breach of discipline
Division 5—General provisions relating to proceedings, powers etc of both Tribunals
39A	Application and interpretation
40	Proceedings
41	Powers
42	Protection of Tribunal, counsel and witnesses
43	Reference of question of law
44	Costs
45	Reasons for decision
Part 7—Appeals in respect of discipline
46	Appeals in respect of discipline
Part 8—Miscellaneous
47	Application to Supreme Court as to powers and duties under Act
48	Secrecy
49	Offences in relation to complaints
50	Ombudsman may revoke or vary determinations, assessments etc
51	Ombudsman and Commissioner may report to Ministers
52	Annual and special reports to Parliament by Ombudsman
55	Regulations
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Police (Complaints and Disciplinary Proceedings) Act 1985.
3—Interpretation
	(1)	In this Act, unless the contrary intention appears—
breach of discipline means a breach that may be the subject of a charge by the Commissioner under the Police Act 1998 or the Protective Security Act 2007;
close relative of a person means a spouse, domestic partner, parent or child of the person;
Commissioner means the Commissioner of Police and includes—
	(a)	the Deputy Commissioner of Police acting subject to the direction of the Commissioner; or
	(b)	the Deputy Commissioner or an Assistant Commissioner of Police acting in the place of the Commissioner during a period for which the Commissioner is absent or the office of the Commissioner is vacant;
conduct of a designated officer means—
	(a)	an act or decision of a designated officer; or
	(b)	failure or refusal by a designated officer to act or make a decision,
in the exercise, performance or discharge (or purported exercise, performance or discharge) whether within or outside the State, of a power, function or duty that the person has as, or by virtue of being, a designated officer;
designated officer means—
	(a)	a police officer; and
	(b)	a person appointed to be a police cadet or special constable under the Police Act 1998; and
	(c)	a protective security officer; and
	(d)	a person employed, or performing duties, in the administrative unit of the Public Service of which the Commissioner is chief executive;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
Internal Investigation Section or IIS means the section of the police force established under Part 3;
minor complaint see subsections (2), (3), (4) and (5);
Ombudsman means the person appointed to be the Police Ombudsman under Part 2, or a person acting in the office of Police Ombudsman under that Part;
Police Disciplinary Tribunal means the Police Disciplinary Tribunal established under Part 6 Division 1;
Police Minister means the Minister administering the Police Act 1998;
prescribed officer or employee means—
	(a)	a person appointed to be a special constable or community constable under the Police Act 1998; or
	(b)	an officer or employee referred to in paragraph (d) of the definition of designated officer;
protective security officer means a person appointed to be a protective security officer under the Protective Security Act 2007;
Protective Security Officers Disciplinary Tribunal means the Protective Security Officers Disciplinary Tribunal established under Part 6 Division 2;
spouse—a person is the spouse of another if they are legally married.
	(2)	For the purposes of this Act, a complaint is a minor complaint that should be the subject of an informal inquiry if according to an agreement or determination under subsection (3) or (4)—
	(a)	it relates only to minor misconduct; or
	(b)	the complaint is otherwise of a kind that warrants an informal inquiry only.
	(3)	The Ombudsman and the Commissioner may make an agreement for the purposes of subsection (2) as to the kinds of conduct that constitute minor misconduct and the kinds of complaints that otherwise warrant an informal inquiry only.
	(4)	If the Ombudsman and the Commissioner cannot reach agreement on a matter referred to in subsection (3), the Ombudsman may, and must if the Commissioner so requests, refer the matter to the Minister for determination by the Minister.
	(5)	The Minister must cause notice of an agreement or determination under subsection (3) or (4)—
	(a)	to be given to the Police Minister; and
	(b)	to be tabled before both Houses of Parliament within 15 sitting days of the date of the agreement or determination.
4—Act not to derogate from other law
The provisions of this Act are in addition to and do not derogate from the provisions of any other law.

Part 2—Police Ombudsman
5—Appointment of Police Ombudsman
	(1)	Subject to this Act, the Governor may appoint a person to be the Police Ombudsman.
	(2)	A person may not be appointed to be the Ombudsman unless he or she is enrolled as a barrister or solicitor, or both, or legal practitioner, of the High Court or the Supreme Court of this State or another State or Territory of the Commonwealth and has been so enrolled for not less than 5 years.
	(3)	The Ombudsman will be appointed on such terms and conditions and will be entitled to receive such salary and allowances as may be from time to time determined by the Governor.
	(4)	A rate of salary determined to be payable to the Ombudsman may not be reduced during his or her term of office.
	(5)	The salary and allowances payable to the Ombudsman under this section are to be paid out of the Consolidated Account of the State which is appropriated by this section to the necessary extent.
6—Ombudsman not to engage in other remunerative employment
The Ombudsman must not, without the consent of the Minister, engage in any remunerative employment or undertaking outside the duties of his or her office.
7—Term of office
	(1)	The Ombudsman will be appointed for a term of office of 7 years.
	(2)	Subject to this Act, a person appointed to be the Ombudsman is, on the expiration of his or her term of office, eligible for reappointment for a term of not less than 3 years and not more than 7 years.
8—Removal from office
	(1)	The Governor may remove the Ombudsman from office on the presentation of an address from both Houses of Parliament praying for his or her removal.
	(2)	The Governor may suspend the Ombudsman from office on the grounds of incompetence or misbehaviour.
	(3)	Where the Ombudsman is suspended from office under subsection (2), the suspension ceases to have effect—
	(a)	if a full statement of the reasons for the suspension is not laid before both Houses of Parliament within 7 sitting days of Parliament after the suspension; or
	(b)	on the expiration of one month from the date on which a statement is laid before both Houses of Parliament under paragraph (a), unless an address is presented to the Governor by both Houses of Parliament praying for the removal of the Ombudsman.
	(4)	The office of the Ombudsman becomes vacant if—
	(a)	he or she dies; or
	(b)	he or she resigns by written notice addressed to the Governor, or his or her term of office expires; or
	(c)	he or she is removed from office under subsection (1); or
	(d)	he or she is declared bankrupt; or
	(e)	he or she is imprisoned or convicted of an offence punishable by imprisonment for a term of 6 months or more; or
	(f)	he or she becomes a member of Parliament of the State, the Commonwealth or another State or Territory of the Commonwealth; or
	(g)	he or she is removed from office by the Governor on the ground of mental or physical incapacity to carry out satisfactorily the duties of his or her office.
	(5)	Except as provided by this section, the Ombudsman is not to be removed or suspended from office nor is the office to become vacant.
9—Staff of Ombudsman
	(1)	The Ombudsman's staff consists of—
	(a)	Public Service employees assigned to work in the office of the Ombudsman; and
	(b)	if appointments have been made under subsection (3)—the persons holding those appointments.
	(2)	The Minister may, by notice in the Gazette—
	(a)	exclude Public Service employees on the Ombudsman's staff from specified provisions of the Public Sector Act 2009; and
	(b)	if the Minister thinks that certain provisions should apply to such employees instead of those from which they are excluded under paragraph (a)—determine that those provisions will so apply,
and such a notice has effect in accordance with its terms.
	(3)	The Ombudsman may, with the consent of the Minister, appoint staff for the purposes of this Act.
	(4)	The terms and conditions of employment of a person appointed under subsection (3) will be determined by the Governor and such a person is not a Public Service employee.
11—Acting Ombudsman
	(1)	The Governor may appoint a suitable person to act in the office of the Ombudsman during any period for which the office is vacant or the Ombudsman is absent for any reason.
	(2)	A person will be appointed under subsection (1) on such terms and conditions and will be entitled to receive such salary and allowances as may be from time to time determined by the Governor.
	(3)	The salary and allowances payable to a person appointed under subsection (1) are to be paid out of the Consolidated Account of the State which is appropriated by this section to the necessary extent.
11A—Delegation by Ombudsman
	(1)	The Ombudsman may, by instrument in writing, delegate to a member of the staff of the Ombudsman, any of his or her powers or functions under this Act or any other Act, other than this power of delegation.
	(2)	A delegation—
	(a)	may be absolute or conditional; and
	(b)	does not derogate from the power of the Ombudsman to act personally in a matter; and
	(c)	is revocable at will.
12—Protection for Ombudsman and person acting under direction
No liability will attach to the Ombudsman or any person acting under his or her direction or authority for an act or omission in good faith and in the exercise, performance or discharge, or purported exercise, performance or discharge, of a power, function or duty under this Act or any other Act.

Part 3—Internal Investigation Section
13—Constitution of Internal Investigation Section
	(1)	The Commissioner must constitute within the police force a separate section (Internal Investigation Section or IIS) to carry out investigations under this Act in relation to the conduct of designated officers.
	(2)	In addition to carrying out investigations under this Act, the IIS may carry out such other investigations in relation to the conduct of designated officers as may be required by the Commissioner.
14—Officer in charge entitled to report directly to Commissioner
The officer in charge of the IIS is entitled to report directly to the Commissioner on any matter relating to the IIS or the performance of its functions.
15—Duties of police officers serving in IIS
If a police officer serving in the IIS is able to do so without unduly interfering with the performance by the IIS of its functions, he or she may be directed by the Commissioner to perform duties unrelated to investigations into the conduct of designated officers (not being duties involving the investigation of offences alleged to have been committed by persons other than designated officers).

Part 4—Complaints and investigations
16—Complaints to which this Act applies
	(1)	A complaint about the conduct of a designated officer may be made—
	(a)	to a designated officer (not being the officer about whose conduct the complaint is made); or
	(b)	to the Ombudsman.
	(2)	If a person makes a complaint to a designated officer about the conduct of that officer, that officer must, as soon as reasonably practicable, advise the person that, in order for the complaint to be one to which this Act applies, the complaint must be made—
	(a)	to some other designated officer; or
	(b)	to the Ombudsman.
	(3)	A complaint made to the Ombudsman must, if the Ombudsman so requires, be reduced to writing.
	(4)	This Act applies to a complaint made under this section—
	(a)	whether or not the designated officer about whose conduct the complaint is made is identified by the complainant;
	(b)	whether or not the identity of the complainant is known by or disclosed to the designated officer to whom the complaint is made or the Ombudsman, as the case may be;
	(c)	whether the complaint is made by a person on his or her own behalf or on behalf of some other person;
	(ca)	whether or not the person by whom or on whose behalf the complaint is made is a designated officer;
	(d)	whether the person by whom or on whose behalf the complaint is made is a natural person or a body corporate.
	(5)	This Act does not apply to a complaint—
	(a)	made to a designated officer by or on behalf of another designated officer unless it is made in writing in a form approved by the Commissioner for the purpose; or
	(b)	made about conduct that occurred before the commencement of this section; or
	(c)	made by or on behalf of a designated officer or designated officers in relation to the employment, or terms or conditions of employment, of the officer or officers.
17—Right of persons detained in custody to make complaint to Ombudsman
	(1)	Where a person detained in custody wishes to make a complaint to the Ombudsman about the conduct of a designated officer, any person performing duties in connection with the detention of the person must—
	(a)	at the request of the person, provide him or her with facilities to enable him or her to prepare the complaint and to enclose and seal it in an envelope; and
	(b)	on receiving the sealed envelope from the person for delivery to the Ombudsman—
	(i)	ensure that the sealed envelope is plainly addressed to the Ombudsman and marked as being confidential; and
	(ii)	cause the sealed envelope to be delivered to the Ombudsman without undue delay.
	(2)	A request referred to in subsection (1)—
	(a)	must be made to a person other than the designated officer about whose conduct the complaint is to be made; and
	(b)	must be complied with as soon as reasonably practicable (but without there being any obligation to interrupt the carrying out of any other lawful procedure or function).
	(3)	Where a request referred to in subsection (1) is made to the designated officer about whose conduct the complaint is to be made, the officer must, as soon as reasonably practicable, advise the person of the requirement that the request be made to some other person who is performing duties in connection with the person's detention.
	(4)	Where a person receives a sealed envelope for delivery to the Ombudsman under subsection (1), a person other than the Ombudsman or a person acting with the authority of the Ombudsman must not open the envelope or inspect its contents.
Maximum penalty: $2 500.
	(5)	It will be a defence to a charge of an offence against subsection (4) if the defendant proves that the acts to which the charge relates were done inadvertently.
18—Action on complaint being made to designated officer
	(1)	Where a complaint to which this Act applies is made to a designated officer, the officer must, in accordance with any directions of the Commissioner—
	(a)	refer the complaint, by the most expeditious means available to him or her, to the IIS for investigation; or
	(b)	refer the complainant to an officer authorised to receive the complaint.
	(2)	Where a complaint is made to a designated officer to whom the complainant has been referred under subsection (1)(b), that officer must refer the complaint, by the most expeditious means available to him or her, to the IIS for investigation.
	(3)	Where a complaint is referred to the IIS under this section, the Ombudsman must be notified, by writing, of the complaint and furnished with particulars of the complaint.
	(4)	Despite the other provisions of this section, where a complaint made to a designated officer concerns the conduct of a prescribed officer or employee, the complaint must not be referred to the IIS but must, in accordance with any directions of the Commissioner, be referred to the Ombudsman.
	(5)	Where a complaint is referred to the Ombudsman under subsection (4), the provisions of this Act apply in relation to the complaint as if it were a complaint made to the Ombudsman.
19—Action on complaint being made to Ombudsman
	(1)	Where a complaint to which this Act applies is made to the Ombudsman, the Ombudsman must—
	(a)	notify the Commissioner, by writing, of the complaint and furnish him or her with particulars of the complaint; and
	(b)	subject to subsection (1a) and any determination under section 21, 21A, 22 or 23, refer the complaint to the Commissioner.
	(1a)	The Ombudsman may, in such manner as the Ombudsman thinks fit, undertake a preliminary inquiry in relation to a complaint.
	(2)	Where a complaint is referred to the Commissioner under subsection (1)(b), the Commissioner must refer the complaint to the IIS for investigation.
20—Ombudsman to notify complainant of receipt of complaint
The Ombudsman must, unless the identity of the complainant is not known, acknowledge, by writing, each complaint made to the Ombudsman and each complaint of which he or she is notified under section 18.
21—Determination by Ombudsman that investigation not warranted
	(1)	The Ombudsman may refuse to entertain a complaint to which this Act applies (whether being a complaint made to the Ombudsman or a complaint of which the Ombudsman has been notified under section 18), or, having commenced to investigate a matter raised in a complaint, may refuse to continue the investigation if of the opinion that—
	(a)	the matter raised in the complaint is trivial; or
	(b)	the complaint is frivolous or vexatious or is not made in good faith; or
	(c)	the complainant or the person on whose behalf the complaint was made has not a sufficient personal interest in the matter raised in the complaint; or
	(d)	having regard to all the circumstances of the case, the investigation or the continuance of the investigation of the matter raised in the complaint, is unnecessary or unjustifiable.
	(2)	Where the Ombudsman makes a determination under this section, he or she must, by writing, notify the Commissioner and, unless the identity of the complainant is not known, the complainant of the determination and his or her reasons for making the determination.
21A—Determination by Ombudsman to resolve complaint informally
	(1)	The Ombudsman may determine that a complaint to which this Act applies (whether being a complaint made to the Ombudsman or a complaint of which the Ombudsman has been notified under section 18) is a minor complaint that should be the subject of an informal inquiry only.
	(2)	Where the Ombudsman makes a determination under subsection (1), he or she must—
	(a)	by writing, notify the Commissioner of the determination; and
	(b)	in accordance with arrangements for referral agreed between the Ombudsman and the Commissioner, refer the complaint for the conduct of an informal inquiry by a designated officer.
	(3)	The designated officer to whom a complaint has been referred under this section must notify the complainant, unless the identity of the complainant is not known—
	(a)	that an informal inquiry is being conducted into the complaint; and
	(b)	that the complainant may, during the informal inquiry or within 14 days of receipt of particulars of the outcome of the informal inquiry, make a request to the Ombudsman that the Ombudsman determine that the complaint be investigated under the other provisions of this Act.
	(4)	The Commissioner must ensure that a report, in writing, of—
	(a)	the results of the inquiry; and
	(b)	any action taken in relation to the designated officer about whose conduct the complaint was made,
is prepared and delivered to the Ombudsman as soon as practicable.
	(5)	The Ombudsman must, in relation to each complaint that is the subject of an informal inquiry, enter in the register kept by the Ombudsman under section 29 and furnish to the designated officer concerned and, unless the identity of the complainant is not known, the complainant, particulars of the matters referred to in subsection (4).
	(6)	If a request is made to the Ombudsman as referred to in subsection (3)(b) that the Ombudsman redetermine the question whether the complaint should be investigated under the other provisions of this Act, the Ombudsman must redetermine the question (and section 19 and the other provisions of this Act will apply in the same way as to a complaint made to the Ombudsman).
	(7)	At any time before or within 14 days after receipt of a report under subsection (4) in respect of an informal inquiry, the Ombudsman may, and must if the Commissioner so requests, determine that the complaint the subject of the inquiry be investigated under the other provisions of this Act and, in that event, the Ombudsman must, subject to any determination under section 23, refer the complaint to the Commissioner for investigation by the IIS.
	(8)	No information obtained in relation to the subject matter of a complaint during an informal inquiry into the complaint may be used in proceedings in respect of a breach of discipline before the Police Disciplinary Tribunal or the Protective Security Officers Disciplinary Tribunal (as the case may be) unless the proceedings are against a designated officer who has allegedly provided false information with the intention of obstructing the proper resolution of the complaint.
	(9)	The Ombudsman may delegate to the Commissioner the following powers or functions (which may be the subject of further delegation by the Commissioner):
	(a)	power to determine that a complaint is a minor complaint that should be the subject of an informal inquiry;
	(b)	power to refer a complaint to a designated officer for the conduct of an informal inquiry;
	(c)	the function of acknowledging a complaint under section 20;
	(d)	the function of furnishing to the designated officer concerned and the complainant particulars of the outcome of an informal inquiry.
	(10)	A delegation under this section—
	(a)	may be absolute or conditional; and
	(b)	is revocable by the delegator.
22—Conciliation
	(1)	The Commissioner may in relation to a complaint to which this Act applies (being a complaint made to a designated officer), if he or she considers it appropriate to do so, attempt to resolve the matter by conciliation.
	(2)	The Commissioner must not attempt conciliation in relation to a complaint except with the agreement of the Ombudsman.
	(3)	The Ombudsman may in relation to a complaint to which this Act applies (whether being a complaint made to the Ombudsman or a complaint of which the Ombudsman has been notified under section 18), if he or she considers it appropriate to do so, attempt to resolve the matter by conciliation.
	(4)	The Commissioner or the Ombudsman may, in attempting conciliation under this section, act personally or through some other person.
	(5)	The Ombudsman, before attempting conciliation in relation to a complaint, must notify the Commissioner of his or her intention to do so and may request that any investigation or further investigation of the complaint be deferred pending the results of his or her action.
	(6)	Where conciliation is to be attempted in relation to a complaint, the Commissioner may, or, at the request of the Ombudsman under subsection (5), must, direct that any investigation or further investigation of the complaint by designated officers be deferred pending the results of that action.
	(7)	Where conciliation is attempted under this section by the Commissioner or the Ombudsman, the one must report to the other the results of his or her action.
	(8)	The Ombudsman may, if he or she is satisfied that the matter raised by a complaint has been properly resolved by conciliation undertaken by him or her or by the Commissioner, determine that the complaint should not be investigated or further investigated under this Act.
	(9)	Where the Ombudsman makes a determination under subsection (8), he or she must, by writing, notify the Commissioner and, unless the identity of the complainant is not known, the complainant of the determination.
	(10)	Where the Ombudsman disagrees with an assessment of the Commissioner contained in a report under subsection (7) that the matter raised by a complaint has been properly resolved by conciliation undertaken by the Commissioner, the Ombudsman must, by writing, notify the Commissioner of his or her disagreement and the reasons for his or her disagreement.
22A—Ombudsman may initiate investigation
	(1)	The Ombudsman may, on his or her own initiative, raise a matter for investigation that he or she is satisfied concerns possible misconduct, or a pattern of misconduct, affecting a member or members of the public that has become a matter of public interest or comment or may raise questions as to the practices, procedures or policies of the police force or protective security officers.
	(2)	Where the Ombudsman raises a matter for investigation on his or her own initiative, the Ombudsman must—
	(a)	notify the Commissioner, by writing, of the matter to be investigated and furnish him or her with particulars of the matter; and
	(b)	subject to any determination under section 23, refer the matter to the Commissioner.
	(3)	Where a matter is referred to the Commissioner under subsection (2)(b), the Commissioner must refer the matter to the IIS for investigation.
	(4)	The Commissioner may, if he or she disagrees with—
	(a)	the decision of the Ombudsman that the matter be raised for investigation; or
	(b)	the methods employed in the investigation,
advise the Ombudsman, by writing, of his or her disagreement.
	(5)	Where the Ombudsman is notified of disagreement by the Commissioner under subsection (4)—
	(a)	the investigation into the matter is to cease unless or until the matter is resolved by agreement between the Ombudsman and the Commissioner or by determination of the Minister; and
	(b)	the Ombudsman may, if he or she is unable to resolve the matter by consultation with the Commissioner, refer it to the Minister for determination.
23—Determination that matter be investigated by Ombudsman
	(1)	Subject to subsection (2), the Ombudsman may determine that a matter to which this Act applies (whether being a complaint made to the Ombudsman or a complaint of which the Ombudsman has been notified under section 18 or a matter raised for investigation on the initiative of the Ombudsman under section 22A) should be investigated by him or her.
	(2)	The Ombudsman may make a determination under subsection (1)—
	(a)	in relation to any matter that he or she is satisfied—
	(i)	concerns conduct of a designated officer holding a rank equal to or senior to the rank held by the officer in charge of the IIS; or
	(ii)	concerns conduct of a police officer serving in the IIS; or
	(iii)	is in substance about the practices, procedures or policies of the police force or protective security officers; or
	(iv)	should for any other reason be investigated by the Ombudsman; or
	(b)	in relation to any matter that concerns conduct of a prescribed officer or employee—if the Ombudsman is of the opinion, having regard to the nature of the matters raised in relation to the prescribed officer or employee, that there are no special reasons justifying investigation of the matter by the IIS; or
	(c)	as otherwise provided under this Act.
	(3)	Where a determination is made under subsection (1), the Ombudsman may, in addition, make one or more of the following determinations:
	(a)	a determination that the matter or part of the matter concerned should be investigated or further investigated by the IIS in conjunction with the investigation to be carried out by the Ombudsman;
	(b)	a determination that the matter or part of the matter concerned should not be investigated or further investigated by the IIS or any designated officer acting under the direction of the Commissioner.
	(4)	Where the Ombudsman makes a determination under this section, he or she must, by writing, notify the Commissioner of the determination.
	(4a)	Where the Ombudsman makes a determination under this section in relation to a matter referred to in subsection (2)(a), the Ombudsman may—
	(a)	with the Commissioner's agreement; or
	(b)	after allowing the Commissioner a period of five working days to comment on the determination and taking into account any comments received from the Commissioner within that period,
commence an investigation into the matter.
	(5)	Where—
	(a)	a determination is made under this section in relation to a matter; and
	(b)	the IIS has commenced but not completed an investigation or further investigation of the matter,
the officer in charge of the IIS must, as soon as is practicable, cause a report, in writing, of the investigation or further investigation to be prepared and delivered to the Commissioner.
	(6)	The Commissioner must, as soon as practicable after his or her receipt of a report under subsection (5), furnish a copy of the report to the Ombudsman and, when doing so, may attach to the report such comments as he or she thinks fit to make in relation to the investigation or further investigation.
24—Effect of certain determinations of Ombudsman
Where the Ombudsman has made—
	(a)	a determination under section 21 or 22 that a complaint should not be investigated or further investigated under this Act; or
	(b)	a determination under section 23 that a matter should be investigated by him or her,
the Commissioner may nevertheless, in his or her discretion, but subject to any determination under section 23(3)(b), direct that the matter or part of the matter concerned be investigated or further investigated, but, in that event, the provisions of this Act will not apply to or in relation to that investigation or further investigation.
25—Investigations by IIS
	(1)	Subject to any determination made by the Ombudsman under section 21, 22 or 23, or direction given by the Commissioner under section 22, each matter that is referred to the IIS under this Act for investigation or further investigation must be investigated or further investigated by the IIS.
	(2)	An investigation or further investigation referred to in subsection (1) is to be conducted, subject to any directions of the Ombudsman or the Commissioner, in such manner as the officer in charge of the IIS thinks fit.
	(3)	Subject to any directions of the Ombudsman or the Commissioner, a member of the IIS may, for the purposes of the investigation, make inquiries and obtain information, property, documents or other records relevant to the investigation, as he or she thinks fit.
	(3a)	Where a member of the IIS seeks information, property, documents or other records from a person under subsection (3), that person must not, if so directed in writing by the Ombudsman, divulge or communicate to any other person the fact that the investigation is being or has been carried out or that he or she has been requested or required to provide information, property, documents or other records.
Maximum penalty: $2 500 or imprisonment for 6 months.
	(3b)	Subsection (3a) does not prevent—
	(a)	a person from whom information, property, documents or other records have been sought from consulting—
	(i)	a legal practitioner; or
	(ii)	some other person with the Ombudsman's approval (which may be a general approval or given in a particular case),
in relation to the matter under investigation;
	(b)	a designated officer whose conduct has been under investigation from divulging or communicating particulars of the outcome of the investigation as furnished or registered under section 36 (including any comments made by the Ombudsman when furnishing any of those particulars).
	(3c)	If a person consulted under subsection (3b)(a) obtains information as a result of the consultation that the person who initiated the consultation is (apart from that subsection) prohibited from divulging or communicating, the person so consulted must not divulge or communicate that information.
Maximum penalty: $2 500 or imprisonment for 6 months.
	(4)	Subsections (2) and (3) do not authorise a designated officer to contravene or fail to comply with a law that would, if those subsections had not been enacted, apply in relation to the investigation of a matter referred to the IIS, but nothing in this subsection affects the operation of any other provision of this section.
	(5)	A member of the IIS may, for the purposes of the investigation, direct a designated officer to furnish information, produce property, a document or other record or answer a question, being information, property, a document or record or a question that is relevant to the investigation.
	(6)	For the purposes of the Police Act 1998 or the Protective Security Act 2007, a direction given by a member of the IIS under subsection (5) has effect as if it had been given by the Commissioner.
	(7)	A member of the IIS must, before giving any direction under subsection (5) to the designated officer whose conduct is under investigation, inform the officer of the particulars of the matter under investigation.
	(8)	A designated officer who—
	(a)	without reasonable excuse, refuses or fails to furnish information, produce property, a document or other record or answer a question when so required under this section; or
	(b)	furnishes information or makes a statement to a member of the IIS knowing that it is false or misleading in a material particular,
may be dealt with under the Police Act 1998 or Protective Security Act 2007 (as the case requires) for breach of discipline.
	(8a)	A person other than a designated officer who furnishes information or makes a statement to a member of the IIS knowing that it is false or misleading in a material particular is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
	(9)	Where a designated officer is directed under subsection (5) to furnish information, produce property, a document or record or answer a question, the officer is not excused from complying with the direction on the ground—
	(a)	that the furnishing of the information, the production of the property, the document or record or the answering of the question—
	(i)	would be contrary to the public interest; or
	(ii)	would contravene the provisions of any other enactment; or
	(b)	that the information, the property, the document or record or the answer to the question might tend to show that he or she has committed a breach of discipline.
	(10)	A designated officer may refuse to furnish information, produce property, a document or record or answer a question if the information, the property, the document or record or the answer to the question might tend to incriminate him or her or a close relative of his or hers, but any such refusal may be dealt with under the Police Act 1998 or Protective Security Act 2007 (as the case requires) as a breach of discipline.
	(12)	A designated officer who furnishes information, produces property, a document or record or answers a question is not liable to a penalty under the provisions of any other law prohibiting such an act if the act is done in compliance with a direction given by a member of the IIS under this section.
	(13)	The officer in charge of the IIS may, subject to any directions of the Commissioner, require a police officer not serving in the IIS to assist the IIS in conducting investigations under this section or to conduct investigations on behalf of the IIS, and, in that event, the provisions of this section apply as if the police officer were a member of the IIS.
	(13a)	This section does not limit or affect the powers or duties that a police officer would have apart from this Act in connection with the investigation of an offence.
	(14)	In this section—
designated officer does not include a prescribed officer or employee.
26—Powers of Ombudsman to oversee investigations by IIS
	(1)	The Ombudsman may, at any time after a matter has been referred to the IIS for investigation or further investigation under this Act—
	(a)	discuss the complaint or any aspect of the complaint with the complainant (if the investigation relates to a complaint); or
	(b)	require the Commissioner or, as approved by the Commissioner, the officer in charge or any other member of the IIS—
	(i)	to provide information to him or her about the progress of the investigation; or
	(ii)	to arrange for him or her to inspect any document or record in the possession or under the control of the IIS that is relevant to the matter under investigation; or
	(iii)	to arrange for him or her to interview a person in relation to the matter under investigation.
	(2)	The Commissioner must ensure that any requirement of the Ombudsman made under subsection (1)(b) is complied with without any undue delay.
	(3)	The Ombudsman may, by writing, notify the Commissioner of any directions that he or she considers should be given by the Commissioner as to the use for investigative purposes of police officers not serving in the IIS or any other matter or thing in relation to an investigation or investigations by the IIS under this Act.
	(4)	Where the Commissioner is notified by the Ombudsman under subsection (3) of any directions that the Ombudsman considers should be given by the Commissioner, the Commissioner must—
	(a)	give the directions accordingly; or
	(b)	if he or she does not agree that the directions should be given—notify the Ombudsman, by writing, of his or her disagreement and the reasons for the disagreement.
	(4a)	The Ombudsman may give directions to the officer in charge of the IIS as to the matters to be investigated, or the methods to be employed, in relation to a particular investigation under this Act.
	(4b)	The Commissioner may, by writing, advise the Ombudsman of his or her disagreement with a direction given by the Ombudsman under subsection (4a) and, in that event, the direction will cease to be binding unless or until the matter is resolved by agreement between the Ombudsman and the Commissioner or by determination of the Minister.
	(5)	Where the Ombudsman is notified of disagreement by the Commissioner under this section, the Ombudsman may, if he or she is unable to resolve the matter by consultation with the Commissioner, refer it to the Minister and the Minister may determine what directions (if any) should be given.
	(5a)	The Police Minister must be notified, in writing, of any determination made by the Minister under subsection (5).
	(6)	A determination of the Minister under subsection (5) that relates to complaints generally, or to a class of complaints, will not be binding on the Commissioner unless embodied in a written direction of the Police Minister under section 6 of the Police Act 1998.
	(7)	In this section—
directions includes directions varying or revoking directions previously given by the Commissioner or the Ombudsman whether under this section or otherwise.
28—Investigation of matters by Ombudsman
	(1)	Where the Ombudsman has made a determination under section 23 that a matter should be investigated by him or her, the investigation is to be conducted in private and, subject to this section, in such manner as he or she thinks fit.
	(2)	Whenever it becomes necessary or desirable for the Ombudsman to use persons with police training in connection with his or her investigation of a matter, he or she may, and must insofar as it is practicable to do so, use, in connection with that investigation—
	(a)	a police officer who is made available to him or her by the Commissioner for the purposes of the investigation; or
	(b)	a member of the police force of the Commonwealth or of another State or a Territory of the Commonwealth whom that police force agrees to make available to the Ombudsman, for the purposes of the investigation, under arrangements made by or with the approval of the Minister.
	(3)	Subject to this section, the Ombudsman may, for the purposes of an investigation under this section make inquiries and obtain information, property, documents or other records relevant to the investigation, as he or she thinks fit.
	(3a)	Where the Ombudsman seeks information, property, documents or other records from a person under subsection (3), that person must not, if so directed in writing by the Ombudsman, divulge or communicate to any other person the fact that the investigation is being or has been carried out or that he or she has been requested or required to provide information, property, documents or other records.
Maximum penalty: $2 500 or imprisonment for 6 months.
	(3b)	Subsection (3a) does not prevent—
	(a)	a person from whom information, property, documents or other records have been sought from consulting—
	(i)	a legal practitioner; or
	(ii)	some other person with the Ombudsman's approval (which may be a general approval or given in a particular case),
in relation to the matter under investigation;
	(b)	a designated officer whose conduct has been under investigation from divulging or communicating particulars of the outcome of the investigation as furnished or registered under section 36 (including any comments made by the Ombudsman when furnishing any of those particulars).
	(3c)	If a person consulted under subsection (3b)(a) obtains information as a result of the consultation that the person who initiated the consultation is (apart from that subsection) prohibited from divulging or communicating, the person so consulted must not divulge or communicate that information.
Maximum penalty: $2 500 or imprisonment for 6 months.
	(4)	It is not necessary for the complainant (if the investigation relates to a complaint) or any other person to be afforded an opportunity to appear before the Ombudsman or any other person in connection with an investigation by the Ombudsman under this section.
	(6)	The Ombudsman may, by notice in writing, require a person whom he or she believes to be capable of giving information relevant to an investigation under this section to furnish to him or her in writing, within a period specified in the notice, such information, and to produce to him or her such property, documents and other records, being information, property, documents or records relevant to the investigation, as are specified in the notice.
	(7)	For the purposes of an investigation under this section, the Ombudsman may, by notice in writing, require—
	(a)	if the investigation relates to a complaint, the complainant or person on whose behalf the complaint was made; or
	(b)	a designated officer or any other person who is, in the opinion of the Ombudsman, able to give information relevant to the investigation,
to attend before him or her at a time and place specified in the notice and there to answer questions relevant to the investigation.
	(8)	The Ombudsman must, before directing questions to the designated officer whose conduct is under investigation (whether or not that officer has been required to attend under subsection (7)), inform the officer of the particulars of the matter under investigation.
	(9)	Where the Minister furnishes to the Ombudsman a certificate certifying that the disclosure of information concerning a specified matter (including the furnishing of information in answer to a question) or the disclosure of the contents of any documents or records would be contrary to the public interest, by reason of the fact that it would involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet, the Ombudsman is not entitled to require a person to furnish any information concerning the matter, or to produce those documents or records, to the Ombudsman.
	(12)	Despite the provisions of any enactment, a person is not excused from furnishing any information, producing property, a document or other record or answering a question when required to do so under this section on the ground that—
	(a)	the furnishing of the information, the production of the property, the document or record or the answering of the question—
	(i)	would contravene the provisions of any other enactment; or
	(ii)	would be contrary to the public interest; or
	(b)	in the case of a person who is a designated officer, the information, the property, the document or record or the answer to the question might tend to show that he or she has committed a breach of discipline; or
	(c)	the information, the document or record or the answer to the question would disclose legal advice furnished to a Minister, the Commissioner or to the police force.
	(13)	A person may refuse to furnish information, produce property, a document or record or answer a question if the information, the property, the document or record or the answer to the question—
	(a)	might tend to incriminate him or her; or
	(b)	might tend to incriminate a close relative of his or hers; or
	(c)	might tend to show that a close relative of his or hers who is a designated officer has committed a breach of discipline,
but any such refusal on the part of a designated officer may be dealt with under the Police Act 1998 or Protective Security Act 2007 (as the case requires) as a breach of discipline.
	(15)	A person who furnishes information, produces property, a document or record or answers a question is not liable to a penalty under the provisions of any other enactment prohibiting such an act if the act is done in compliance with a requirement made of the person under this section.
	(16)	For the purposes of an investigation under this section, the Ombudsman or an authorised person may, at any reasonable time of the day, enter any premises used by the police force or protective security officers, or any other place, and may carry on the investigation at that place and for that purpose inspect any documents or records relevant to the investigation kept at that place (other than a document in respect of which the Minister has furnished a certificate under subsection (9)).
	(17)	The power of entry conferred by subsection (16) must not be exercised by any person in relation to premises in which any person resides or carries on business unless a magistrate is satisfied that there are reasonable grounds for the exercise of the power and issues a warrant authorising the person to enter the premises.
	(19)	Where a designated officer is of the opinion that he or she might, in complying with a requirement of the Ombudsman or an authorised person made in the exercise of his or her powers under this section, disclose information that should be the subject of a certificate of the Commissioner under section 48(3), the officer is entitled to refuse to comply with the requirement for such period (not exceeding 48 hours) as is necessary for the purpose of enabling the Commissioner to determine whether or not to furnish such a certificate in respect of the information.
	(20)	A person exercising or proposing to exercise any powers under this section must, on demand by a person in relation to whom the powers are or are to be exercised, produce for his or her inspection a certificate of authority in the prescribed form.
	(20a)	This section does not limit or affect the powers or duties that a designated officer would have apart from this Act in connection with the investigation of an offence.
	(21)	In this section—
authorised person means a person appointed by the Ombudsman to be an authorised person for the purposes of this section;
designated officer does not include a prescribed officer or employee.
28A—Obstruction
A person must not—
	(a)	fail to attend before a person as required for the purposes of an investigation under this Act; or
	(b)	refuse or fail to answer to the best of the person's knowledge, information and belief a question the person is required to answer for the purposes of an investigation under this Act; or
	(c)	provide information or evidence in the course of an investigation under this Act knowing that it is false or misleading in a material particular; or
	(d)	without lawful excuse, refuse or fail to comply with a requirement or direction given for the purposes of an investigation of the Ombudsman or an authorised person under this Act; or
	(e)	otherwise hinder or obstruct the Ombudsman or an authorised person, or a person assisting the Ombudsman or an authorised person, in the exercise of powers conferred by this Act.
Maximum penalty: $10 000 or imprisonment for 2 years.
29—Register to be kept by Ombudsman
The Ombudsman must maintain a register containing particulars of—
	(a)	each complaint made to the Ombudsman or of which he or she has been notified under section 18; and
	(b)	each matter raised by the Ombudsman for investigation on his or her own initiative,
including particulars of any determination made under section 21, 21A, 22 or 23 in relation to the matter and particulars of any investigation or further investigation of the matter under this Act.
30—Ombudsman to respond to inquiries by complainants
Any inquiry by a complainant as to the investigation of his or her complaint is to be directed to the Ombudsman who must, in response to the inquiry, furnish such information as he or she considers appropriate in relation to the investigation or further investigation of the complaint.

Part 5—Action consequential on investigation
31—Reports of investigations by IIS to be furnished to Ombudsman
	(1)	When the IIS completes an investigation or further investigation of a matter referred to it under this Act, the officer in charge of the IIS must, as soon as practicable, cause a report, in writing, of the investigation or further investigation to be prepared and delivered to the Commissioner.
	(2)	The Commissioner must, as soon as practicable after his or her receipt of a report under subsection (1), unless he or she directs that further investigations be carried out by the IIS, furnish a copy of the report to the Ombudsman and, when doing so, may attach to the report such comments as he or she thinks fit to make in relation to the investigation or further investigation.
32—Ombudsman to make assessment and recommendations in relation to investigations by IIS
	(1)	Where the Ombudsman receives from the Commissioner under section 31 a report of the investigation or further investigation of a matter by the IIS, he or she must consider the report and any comments of the Commissioner attached to the report and, subject to subsection (2), must, by writing, notify the Commissioner of—
	(a)	his or her assessment of whether—
	(i)	any conduct of a designated officer—
	(A)	constituted an offence or breach of discipline or was contrary to law; or
	(B)	was unreasonable, unjust, oppressive or improperly discriminatory; or
	(C)	was in accordance with a rule of law, a provision of an enactment or a practice, procedure or policy, being a rule, provision, practice, procedure or policy that is or may be unreasonable, unjust, oppressive or improperly discriminatory; or
	(D)	was based either wholly or partly on a mistake of law or of fact; or
	(ii)	a designated officer exercised a discretionary power for an improper purpose or on irrelevant grounds; or
	(iii)	in a case where the conduct to which the investigation relates comprised or included a decision by a designated officer to exercise a discretionary power in a particular manner or to refuse to exercise such a power—
	(A)	irrelevant considerations were taken into account in the course of reaching the decision to exercise the power in that manner or to refuse to exercise the power, as the case may be; or
	(B)	the complainant in respect of the investigation or some other person was entitled at law to have been furnished, but was not furnished, with the reasons for deciding to exercise the power in that manner or to refuse to exercise the power, as the case may be; and
	(b)	his or her recommendations as to whether—
	(i)	action should be taken—
	(A)	to charge a designated officer with an offence or breach of discipline; or
	(B)	to reconsider, vary or reverse a decision or to provide reasons for a decision; or
	(C)	to rectify, mitigate or alter the effects of a decision, act or omission; or
	(D)	to alter a rule of law, a provision of an enactment or a practice, procedure or policy on which a decision, act or omission was based; or
	(ii)	any other action should be taken in relation to the matter; or
	(iii)	no action should be taken in relation to the matter.
	(2)	Despite the provisions of subsection (1), the Ombudsman may, if he or she considers that the matter has not been adequately investigated, in addition to or instead of making an assessment and recommendations under that subsection—
	(a)	refer the matter back to the Commissioner for further investigation; or
	(b)	make a determination under section 23(1) that the matter should be investigated by the Ombudsman.
	(3)	Where a matter is referred to the Commissioner under subsection (2)(a), the Commissioner must refer the matter to the internal investigation division for further investigation.
33—Ombudsman to report on and make assessment and recommendations in relation to investigations carried out by Ombudsman
When the Ombudsman completes any investigation or further investigation of a matter conducted by him or her under this Act, he or she must furnish to the Commissioner a report, in writing, of the investigation or further investigation and must include in the report his or her assessment of and recommendations as to the matters referred to in section 32(1)(a) and (b).
34—Recommendations of Ombudsman and consequential action by Commissioner
	(1)	When the Commissioner receives from the Ombudsman under section 32 or 33 an assessment and recommendations made by the Ombudsman in relation to the investigation or further investigation of a matter, he or she must, as soon as practicable, consider the assessment and recommendations together with the report relating to the investigation or further investigation and—
	(a)	if he or she agrees with the assessment and recommendations, notify the Ombudsman, by writing, of his or her agreement; or
	(b)	if he or she does not agree with the assessment or a recommendation, notify the Ombudsman, by writing, of his or her disagreement and the reasons for his or her disagreement.
	(2)	The Ombudsman must, where the Commissioner notifies him or her of disagreement with an assessment or recommendation under subsection (1), after considering the Commissioner's reasons for disagreement and conferring with the Commissioner, by notice in writing to the Commissioner, confirm or vary the assessment or recommendation or substitute for the assessment or recommendation a new assessment or recommendation.
	(3)	The Commissioner must—
	(a)	take all such steps (if any) as are necessary to give effect to any recommendations of the Ombudsman—
	(i)	as agreed to by the Commissioner under subsection (1); or
	(ii)	as confirmed, varied or substituted by the Ombudsman under subsection (2); or
	(b)	refer the matter to the Minister.
	(4)	Where a matter is referred to the Minister under subsection (3), the Minister may determine—
	(a)	that certain action of a kind referred to in section 32(1)(b)(i) or (ii) should be taken in consequence of the investigation or further investigation; or
	(b)	that no action should be taken in consequence of the investigation or further investigation; or
	(c)	that the matter should be further investigated by the IIS or by the Ombudsman, as he or she thinks fit.
	(5)	However, the Minister must not make a determination under subsection (4) as to whether action should be taken to charge a designated officer with an offence or breach of discipline except in the following circumstances:
	(a)	if the designated officer is a person appointed to be a protective security officer under the Protective Security Act 2007—in consultation with the Minister administering that Act and the Director of Public Prosecutions;
	(b)	in any other case—in consultation with the Police Minister and the Director of Public Prosecutions.
	(6)	The Ombudsman and the Commissioner must be notified, by writing, of any determination made by the Minister under subsection (4).
	(7)	Where the Minister makes a determination under subsection (4)(a), the Commissioner must take all such steps as are necessary to give effect to the determination.
	(8)	Despite the provisions of subsection (7), a determination of the Minister under subsection (4)(a) that action should be taken to alter a practice, procedure or policy relating to the police force or protective security officers will not be binding on the Commissioner unless embodied in a written direction of the Police Minister under section 6 of the Police Act 1998 or section 5 of the Protective Security Act 2007 (as the case requires).
	(9)	Where the Minister makes a determination under subsection (4)(c)—
	(a)	that the matter should be further investigated by the IIS, the Commissioner must refer the matter to the IIS for further investigation; or
	(b)	that the matter should be further investigated by the Ombudsman, the provisions of this Act apply as if the determination of the Minister were a determination made by the Ombudsman under section 23(1).
35—Commissioner to notify Ombudsman of laying of charges or other action consequential on investigation
	(1)	Where a designated officer is charged with an offence or breach of discipline or other action is taken by the Commissioner under section 34 in consequence of the investigation or further investigation of a matter, the Commissioner must, by writing, notify the Ombudsman of the laying of the charges or other action so taken.
	(2)	Where a designated officer is charged with an offence or breach of discipline under section 34, the Commissioner must, by writing, notify the Ombudsman of the final outcome of proceedings in respect of the charge including any decision of a court or the Commissioner as to punishment of the officer.
36—Dealing with particulars about matter under investigation
	(1)	Subject to subsection (4), the Ombudsman must, in relation to each matter under investigation, enter in the register kept by him or her under section 29 and furnish to the designated officer concerned and, unless the identity of the complainant is not known or the investigation does not relate to a complaint, to the complainant—
	(a)	particulars of all assessments and recommendations made by the Ombudsman in relation to the matter, being assessments and recommendations—
	(i)	as agreed to by the Commissioner under section 34(1); or
	(ii)	as confirmed, varied or substituted by the Ombudsman under section 34(2); and
	(b)	particulars of any determination made by the Minister under section 34(4) in relation to the matter.
	(2)	The Ombudsman must, in relation to each matter under investigation, enter in the register kept by him or her under section 29 and, unless the identity of the complainant is not known or the investigation does not relate to a complaint, furnish to the complainant—
	(a)	particulars of action taken by the Commissioner under section 34 in consequence of the investigation or further investigation of the matter; and
	(b)	where the action involves the laying of a charge of an offence or breach of discipline against a designated officer—particulars of the final outcome of proceedings in respect of the charge including any decision of a court or the Commissioner as to punishment of the officer.
	(3)	Subject to subsections (4) and (5), the Ombudsman may, when furnishing particulars to a designated officer or a complainant under subsection (1) or (2), make such comments in relation to the matter as he or she thinks fit.
	(4)	If a recommendation or determination in relation to a matter under investigation is that a designated officer be charged with an offence or breach of discipline, the officer and the complainant are to be furnished with particulars of the recommendation or determination only and without comments in relation to the matter.
	(5)	If there is no recommendation or determination in relation to a matter under investigation that a designated officer be charged with an offence or breach of discipline, the Ombudsman may not make a comment that is critical of any person without giving that person an opportunity to respond in writing within seven days of being notified in writing of the proposed comment and taking into account any such response.

Part 6—Tribunals
Division 1—Constitution of Police Disciplinary Tribunal
37—Constitution of Police Disciplinary Tribunal
	(1)	There will be a tribunal entitled the Police Disciplinary Tribunal.
	(2)	The Tribunal will be constituted of a magistrate appointed by the Governor.
	(3)	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.
	(4)	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.
	(5)	The Governor may appoint three or more magistrates to a panel and, if at any time the magistrate appointed under subsection (4) is absent or unavailable, the Chief Magistrate may appoint a magistrate from the panel to act in his or her place.

Division 2—Constitution of Protective Security Officers Disciplinary Tribunal
37A—Constitution of Protective Security Officers Disciplinary Tribunal
	(1)	There will be a tribunal entitled the Protective Security Officers Disciplinary Tribunal.
	(2)	The Tribunal will be constituted of a magistrate appointed by the Governor.
	(3)	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.
	(4)	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.
	(5)	The Governor may appoint 3 or more magistrates to a panel and, if at any time the magistrate appointed under subsection (4) is absent or unavailable, the Chief Magistrate may appoint a magistrate from the panel to act in his or her place.

Division 3—Registrar and deputy registrar
38—Registrar and deputy registrar
	(1)	The registrar and deputy registrar of the Police Disciplinary Tribunal and the Protective Security Officers Disciplinary Tribunal are to be Public Service employees.
	(2)	The positions of registrar and deputy registrar of each of the Tribunals may be held in conjunction with any other position in the Public Service.
	(3)	The registrar and deputy registrar of each of the Tribunals will have such duties and functions as are prescribed and such other duties and functions as may be directed by the relevant Tribunal.

Division 4—Charges in respect of breach of discipline
39—Charges in respect of breach of discipline
	(1)	If the Commissioner charges a designated officer with a breach of discipline under the Police Act 1998 or the Protective Security Act 2007 (as the case requires) and the officer does not make an admission of guilt to the Commissioner—
	(a)	if the officer is a protective security officer—the proceedings on the charge are to be heard and determined by the Protective Security Officers Disciplinary Tribunal; and
	(b)	in any other case—the proceedings on the charge are to be heard and determined by the Police Disciplinary Tribunal.
	(2)	Subsection (1) applies whether the charge is laid by the Commissioner in consequence of the investigation of a matter to which this Act applies or otherwise.
	(3)	The Commissioner (or person representing the Commissioner) in proceedings under this section must, at the commencement of the proceedings, indicate to the Tribunal hearing the proceedings which of the following categories of punishment the Commissioner considers would, on the facts then known to the Commissioner, most likely be appropriate if the Tribunal finds the designated officer guilty of the breach of discipline:
	(a)	category A—termination or suspension of the officer's appointment or reduction in the officer's rank for an indefinite period;
	(b)	category B—transfer of the officer (without reduction in rank for an indefinite period), reduction of the officer's remuneration, reduction in the officer's seniority or imposition of a fine;
	(c)	category C—withdrawal of specified rights or privileges, a recorded or unrecorded reprimand, counselling, education or training or action of a kind prescribed by regulation.
	(4)	If the Tribunal hearing proceedings under this section is satisfied, on the balance of probabilities, that the designated officer committed the breach of discipline with which he or she is charged, the Tribunal must make a finding that the officer is guilty of the breach of discipline and remit the proceedings to the Commissioner for the imposition of punishment on the officer in accordance with the Police Act 1998 or the Protective Security Act 2007 (as the case may be).
	(5)	When remitting proceedings to the Commissioner under subsection (4), the Tribunal may indicate to the Commissioner the Tribunal's assessment of the seriousness or otherwise of the breach of discipline of which the designated officer has been found guilty and, in that event, the Commissioner must, when making his or her determination as to punishment, have due regard to the Tribunal's assessment.

Division 5—General provisions relating to proceedings, powers etc of both Tribunals
39A—Application and interpretation
The provisions of this Division apply to the Police Disciplinary Tribunal and the Protective Security Officers Disciplinary Tribunal and, thus, in this Division—
	(a)	a reference to the Tribunal will—
	(i)	in relation to proceedings on a charge of a breach of discipline laid against a designated officer who is a protective security officer—be taken to be a reference to the Protective Security Officers Disciplinary Tribunal; and
	(ii)	in relation to proceedings on a charge of a breach of discipline laid against any other designated officer—be taken to be a reference to the Police Disciplinary Tribunal; and
	(b)	a reference to the registrar or deputy registrar will be taken to be a reference to the registrar or deputy registrar of the Police Disciplinary Tribunal or the registrar or deputy registrar of the Protective Security Officers Disciplinary Tribunal, as the case requires.
40—Proceedings
	(1)	The Tribunal must, in relation to any proceedings to be heard by the Tribunal, give the Commissioner and the designated officer charged (in this Act referred to as the parties) reasonable notice of the time and place at which the proceedings are to be heard and must afford them a reasonable opportunity to call or give evidence, to examine or cross-examine witnesses and to make submissions to the Tribunal.
	(2)	The Tribunal must, when giving notice under subsection (1), also give the Ombudsman notice of the time and place at which the proceedings are to be heard.
	(3)	If a party to whom notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the Tribunal may hear the proceedings in his or her absence.
	(4)	The Commissioner may appear personally in proceedings under this Part or may be represented at proceedings by counsel or a police officer. 
	(5)	A party to proceedings before the Tribunal (other than the Commissioner) is entitled to appear—
	(a)	personally or by counsel; or
	(b)	with the permission of the Tribunal—by some other representative.
	(6)	Subject to subsection (7), the proceedings of the Tribunal are to be heard in private.
	(7)	The Tribunal must permit the Ombudsman or his or her nominee and may, in its discretion, permit any other person to be present at proceedings of the Tribunal.
	(8)	Subject to this Act, the Tribunal will in its proceedings—
	(a)	be bound by the rules of evidence; and
	(b)	follow, to such extent as it considers appropriate, the practice and procedure of courts of summary jurisdiction on the hearing of complaints for simple offences.
41—Powers
	(1)	The Tribunal may—
	(a)	by summons signed by the Tribunal or by the registrar or deputy registrar of the Tribunal, require the attendance before the Tribunal of any person; or
	(b)	by summons signed by the Tribunal or by the registrar or deputy registrar of the Tribunal, require the production of any books, papers or documents; or
	(c)	inspect any books, papers or documents produced before the Tribunal and retain them for such reasonable period as the Tribunal thinks fit and make copies of any of them, or of any of their contents; or
	(d)	require any person to make an oath or affirmation that he or she will truly answer all questions put to him or her by the Tribunal, or by any person appearing before the Tribunal, relating to the matter being heard by the Tribunal; or
	(e)	require any person appearing before the Tribunal, including a party, (whether he or she has been summoned to appear or not) to answer any relevant questions put to him or her by the Tribunal or by any person appearing before the Tribunal.
	(2)	If any person—
	(a)	who has been served with a summons to attend before the Tribunal fails without reasonable excuse (proof of which lies on him or her) to attend in obedience to the summons; or
	(b)	who has been served with a summons to produce any books, papers or documents fails without reasonable excuse (proof of which lies on him or her) to comply with the summons; or
	(c)	misbehaves himself or herself before the Tribunal, wilfully insults the Tribunal or interrupts the proceedings of the Tribunal; or
	(d)	refuses to be sworn or to affirm, or to answer any relevant question, when required to do so by the Tribunal,
he or she is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
	(3)	A person is not required to produce any books, papers or documents or to answer a question under this section if the contents of the books, papers or documents or the answer to the question might tend to incriminate him or her or, in the case of a designated officer, to prove that he or she has been guilty of a breach of discipline.
	(4)	The Tribunal may, on being satisfied that a person has failed to appear before the Tribunal in obedience to a summons served on him or her under this section, issue a warrant authorising a police officer to arrest the person and bring him or her before the Tribunal.
	(5)	In the course of any proceedings, the Tribunal may—
	(a)	receive in evidence any transcript of evidence in proceedings before a court or tribunal and draw any conclusions of fact that it considers proper; or
	(b)	adopt, as in its discretion it considers proper, any findings, decision, or judgment of a court or tribunal that may be relevant to the proceedings.
42—Protection of Tribunal, counsel and witnesses
	(1)	The person constituting the Tribunal has in that capacity the same protection and immunity as a judge of the Supreme Court.
	(2)	Counsel or any other person appearing for a party in proceedings before the Tribunal has the same protection and immunity as counsel appearing for a party in proceedings in the Supreme Court.
	(3)	A person appearing before the Tribunal as a witness has the same protection and immunity as a witness in proceedings in the Supreme Court.
43—Reference of question of law
The Tribunal may refer a question of law for the opinion of the Supreme Court.
44—Costs
	(1)	The Tribunal may make such orders for costs as the Tribunal thinks just and reasonable.
	(2)	Where the Tribunal has ordered the payment of costs, the costs are to be recoverable summarily.
45—Reasons for decision
The Tribunal must, at the request of a party or the Ombudsman made within 7 days after the Tribunal has made a decision in proceedings, give reasons in writing for the decision.

Part 7—Appeals in respect of discipline
46—Appeals in respect of discipline
	(1)	A party to proceedings before the Tribunal may appeal to the Court against a decision made by the Tribunal in those proceedings.
	(2)	A designated officer may appeal to the Court against an order of the Commissioner imposing punishment on him or her for a breach of discipline.
	(2a)	A designated officer (other than a person appointed to be a police cadet under the Police Act 1998) may appeal to the Court against an order of the Commissioner made after the commencement of this subsection imposing punishment on the designated officer for having been found guilty of an offence against a law of this jurisdiction or another jurisdiction.
	(3)	Subsection (2) applies—
	(a)	whether the charge for the breach of discipline was laid in consequence of the investigation of a matter to which this Act applies or otherwise; and
	(b)	whether the order imposing the punishment was made on the designated officer being found guilty of the breach of discipline by the Tribunal or on the officer making an admission of guilt to the Commissioner.
	(4)	An appeal under this section must be instituted within one month of the making of the decision or order appealed against.
	(8)	No further appeal lies against a decision of the Court made on an appeal under this section.
	(9)	In this section—
Court means the Administrative and Disciplinary Division of the District Court;
Tribunal means—
	(a)	in relation to proceedings on a charge of a breach of discipline laid against a designated officer who is a protective security officer—the Protective Security Officers Disciplinary Tribunal; and
	(b)	in relation to proceedings on a charge of a breach of discipline laid against any other designated officer—the Police Disciplinary Tribunal.

Part 8—Miscellaneous
47—Application to Supreme Court as to powers and duties under Act
	(1)	Where—
	(a)	in relation to a complaint about the conduct of a designated officer; or
	(b)	in relation to a matter raised for investigation on the initiative of the Ombudsman,
a question arises as to the duties or powers of the Ombudsman, the Commissioner or another designated officer, the Ombudsman or the Commissioner may apply to the Supreme Court for a determination of the question.
	(2)	On an application under subsection (1), the Supreme Court may make such order as it thinks proper and the Ombudsman or the Commissioner, or both, as the case may be, must give effect to the order.
48—Secrecy
	(1)	In this section—
prescribed officer means—
	(a)	a person acting under the direction or authority of the Ombudsman; or
	(b)	a member of the IIS or any other designated officer,
but does not include the Ombudsman or the Commissioner;
relevant person means—
	(a)	in relation to a person who is or has been acting under the direction or authority of the Ombudsman—the Ombudsman; or
	(b)	in relation to a person who is or has been a designated officer—the Commissioner; or
	(c)	in any case—the Minister;
Tribunal means the Police Disciplinary Tribunal or the Protective Security Officers Disciplinary Tribunal, as the case may be.
	(2)	Except as required or authorised by this Act or by a relevant person, a person who is, or has been, a prescribed officer must not, either directly or indirectly, make a record of, or divulge or communicate, information acquired by reason of his or her being, or having been, a prescribed officer, being information that was disclosed or obtained under this Act.
Maximum penalty: $2 500 or imprisonment for 6 months.
	(3)	Where the Commissioner furnishes to the Ombudsman a certificate certifying that the divulging or communication of information specified in the certificate, being information that has been disclosed to the Ombudsman by a designated officer or obtained by the Ombudsman from records of the police force or protective security officers, might—
	(a)	prejudice present or future police investigations or the prosecution of legal proceedings whether in the State or elsewhere; or
	(b)	constitute a breach of confidence; or
	(c)	endanger a person or cause material loss or harm or unreasonable distress to a person,
then, despite any other provisions of this Act, a person who is, or has been, the Ombudsman or a person acting under the direction or authority of the Ombudsman must not, either directly or indirectly, divulge or communicate any part of the information except with the approval of the Commissioner or the approval of the Minister given after consultation with the Commissioner.
Maximum penalty: $2 500 or imprisonment for 6 months.
	(4)	This section does not prevent a person who is or has been a prescribed officer from divulging or communicating information disclosed or obtained in the course of an investigation under this Act—
	(a)	in proceedings before a court, the Tribunal or the Commissioner in respect of—
	(i)	an offence; or
	(ii)	a breach of discipline,
relating to a matter the subject of the investigation; or
	(b)	as required in proceedings under the Royal Commissions Act 1917; or
	(c)	as required by order of a court, the court being satisfied that there are special reasons requiring the making of such an order and that the interests of justice cannot adequately be served except by the making of such an order.
	(5)	This section does not prevent a person who is or has been a prescribed officer from whom information has been sought in the course of an investigation under this Act from consulting—
	(a)	a legal practitioner; or
	(b)	some other person with the Minister's approval (which may be a general approval or given in a particular case),
in relation to the matter under investigation.
	(6)	This section does not prevent a person who is or has been a designated officer whose conduct has been under investigation under this Act from divulging or communicating particulars of the outcome of the investigation as furnished or registered under section 36 (including any comments made by the Ombudsman when furnishing any of those particulars).
	(7)	Despite any other Act or law, a person who is or has been the Ombudsman or the Commissioner cannot be required to divulge information disclosed or obtained under this Act in the course of an investigation except where such a requirement is made—
	(a)	in proceedings before a court or the Tribunal in respect of—
	(i)	an offence; or
	(ii)	a breach of discipline,
relating to a matter the subject of the investigation; or
	(b)	in proceedings under the Royal Commissions Act 1917; or
	(c)	as required by order of a court, the court being satisfied that there are special reasons requiring the making of such an order and that the interests of justice cannot adequately be served except by the making of such an order.
	(8)	If a person consulted under subsection (5) obtains information as a result of the consultation that the person who initiated the consultation is (apart from that subsection) prohibited from divulging or communicating, the person so consulted must not divulge or communicate that information.
Maximum penalty: $2 500 or imprisonment for 6 months.
49—Offences in relation to complaints
	(1)	Where—
	(a)	a person in making a complaint under this Act makes a false representation knowing the representation to be false; and
	(b)	the complaint would not, apart from the false representation, be liable to be investigated or inquired into under this Act,
the person making the complaint is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
	(2)	A person who—
	(a)	prevents another person from making a complaint under this Act; or
	(b)	hinders or obstructs another person in making a complaint under this Act,
is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
	(3)	Proceedings for an offence against subsection (1) must not be commenced except with the consent of the Ombudsman and no proceedings for an offence other than against subsection (1) may be commenced or heard against a person in respect of his or her making of a complaint under this Act.
	(4)	An apparently genuine document purporting to be a certificate of the Ombudsman certifying that he or she has consented to the commencement of proceedings for an offence against subsection (1) is to be accepted, in the absence of proof to the contrary, as proof of the matter so certified.
	(5)	On convicting a person of an offence against subsection (1), the court may order him or her to pay to the complainant a reasonable sum for the expenses of or incidental to any investigation made under this Act as a result of the false representation.
	(6)	Any amount received by the complainant under subsection (5) is to be paid by him or her to the Treasurer in aid of the Consolidated Account of the State.
	(7)	In this section—
complaint under this Act means a complaint to a designated officer or the Ombudsman about the conduct of a designated officer.
50—Ombudsman may revoke or vary determinations, assessments etc
	(1)	The Ombudsman may revoke or vary a determination, assessment or recommendation made by the Ombudsman under this Act.
	(2)	Where the Ombudsman revokes or varies a determination, assessment or recommendation, the provisions of this Act will apply as if the determination, assessment or recommendation had not been made or had been made as so varied.
	(3)	The revocation or variation of a determination, assessment or recommendation will not render unlawful anything done prior to the revocation or variation.
51—Ombudsman and Commissioner may report to Ministers
Nothing in this Act prevents the Ombudsman or the Commissioner from reporting to the Minister or the Police Minister on any matter arising under, or relating to the administration of, this Act.
52—Annual and special reports to Parliament by Ombudsman
	(1)	The Ombudsman must, as soon as practicable after 30 June in each year, submit to the President of the Legislative Council and the Speaker of the House of Assembly a report on the operations of the Ombudsman during the period of 12 months preceding that 30 June.
	(2)	The Ombudsman may, at any other time, if he or she thinks fit to do so, submit to the President of the Legislative Council and to the Speaker of the House of Assembly a special report on operations of the Ombudsman under this Act.
	(3)	Without limiting the generality of subsection (1) or (2), the Ombudsman may report under subsection (1) or (2) on any case where, in his or her opinion, there has been a failure to take adequate and appropriate action in consequence of the investigation or further investigation of a matter, including any case where such failure arises from the nature of a determination made by the Minister under section 34(4).
	(4)	The Ombudsman must not make a report under this section in which he or she sets out opinions that are, either expressly or impliedly, critical of the Commissioner or the police force unless—
	(a)	before making the report—he or she has afforded the Commissioner an opportunity to make comments in writing on the report; and
	(b)	where the Commissioner has made comments in writing on the report—he or she includes in or attaches to the report those comments.
	(5)	The Ombudsman must, when he or she submits a report under this section, also deliver a copy of the report to the Minister.
	(6)	The President of the Legislative Council and the Speaker of the House of Assembly must, on receiving a report under this section, lay the report before their respective Houses.
55—Regulations
The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Repeal of Act
The Police (Complaints and Disciplinary Proceedings) Act 1985 was repealed by Sch 1 cl 52 of the Police Complaints and Discipline Act 2016 on 4.9.2017.
Principal Act and amendments
Year | No | Title | Assent | Commencement
1985 | 26 | Police (Complaints and Disciplinary Proceedings) Act 1985 | 28.3.1985 | 1.9.1985 (Gazette 29.8.1985 p604)
1992 | 60 | Police (Police Aides) Amendment Act 1992 | 12.11.1992 | 18.3.1993 (Gazette 18.3.1993 p914)
1993 | 75 | Statutes Amendment (Abolition of Compulsory Retirement) Act 1993 | 21.10.1993 | 1.1.1994: s 2
1996 | 90 | Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Act 1996 | 12.12.1996 | 8.5.1997 (Gazette 1.5.1997 p1667)
1998 | 56 | Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Act 1998 | 3.9.1998 | 1.7.1999 (Gazette 30.6.1999 p3310)
1998 | 59 | Statutes Amendment (Attorney-General's Portfolio) Act 1998 | 3.9.1998 | Pt 9 (s 18)—8.5.1999 (Gazette 29.4.1999 p2256)
2000 | 4 | District Court (Administrative and Disciplinary Division) Amendment Act 2000 | 20.4.2000 | Sch 1 (cl 32)—1.6.2000 (Gazette 18.5.2000 p2554)
2000 | 17 | Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Act 2000 | 1.6.2000 | 30.7.2000 (Gazette 13.7.2000 p82)
2006 | 17 | Statutes Amendment (New Rules of Civil Procedure) Act 2006 | 6.7.2006 | Pt 60 (ss 184 & 185)—4.9.2006 (Gazette 17.8.2006 p2831)
2006 | 43 | Statutes Amendment (Domestic Partners) Act 2006 | 14.12.2006 | Pt 66 (ss 171—173)—1.6.2007 (Gazette 26.4.2007 p1352)
2007 | 25 | Protective Security Act 2007 | 26.7.2007 | Sch 1 (cll 2—29)—28.4.2008 (Gazette 3.4.2008 p1183)
2009 | 84 | Statutes Amendment (Public Sector Consequential Amendments) Act 2009 | 10.12.2009 | Pt 117 (ss 271 & 272)—1.2.2010 (Gazette 28.1.2010 p320)
2012 | 52 | Independent Commissioner Against Corruption Act 2012 | 6.12.2012 | Sch 3 (cll 63—66)—(20.12.2012 Gazette 20.12.2012 p5742)
2013 | 11 | Statutes Amendment (Attorney-General's Portfolio) Act 2013 | 18.4.2013 | Pt 9 (ss 17—22)—9.6.2013 (Gazette 6.6.2013 p2498)
2013 | 49 | Statutes Amendment (Police) Act 2013 | 24.10.2013 | Pt 3 (s 19)—1.9.2014 (Gazette 26.6.2014 p3021)
Provisions amended
Entries that relate to provisions that have been deleted appear in italics.
Provision | How varied | Commencement
Long title | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 2(1), (2)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(1) | 20.12.2012
Pt 1 | |
s 2 | deleted by 90/1996 Sch | 8.5.1997
s 3 | |
s 3(1) | s 3 redesignated as s 3(1) by 90/1996 s 3(c) | 8.5.1997
the Authority | deleted by 25/2007 Sch 1 (cl 3(1)) | 28.4.2008
breach of discipline | substituted by 90/1996 s 3(a) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 3(2)) | 28.4.2008
close relative | inserted by 43/2006 s 171(1) | 1.6.2007
Commissioner | the Commissioner amended to read Commissioner by 25/2007 Sch 1 (cl 3(3)) | 28.4.2008
conduct | amended by 90/1996 Sch | 8.5.1997
| substituted by 25/2007 Sch 1 (cl 3(4)) | 28.4.2008
designated officer | inserted by 25/2007 Sch 1 (cl 3(4)) | 28.4.2008
domestic partner | inserted by 43/2006 s 171(2) | 1.6.2007
the internal investigation branch | deleted by 25/2007 Sch 1 (cl 3(4)) | 28.4.2008
internal investigation branch | inserted by 25/2007 Sch 1 (cl 3(4)) | 28.4.2008
| deleted by 11/2013 s 17 | 9.6.2013
Internal Investigation Section or IIS | inserted by 11/2013 s 17 | 9.6.2013
member or member of the police force | amended by 90/1996 Sch | 8.5.1997
| deleted by 25/2007 Sch 1 (cl 3(5)) | 28.4.2008
minor complaint | inserted by 90/1996 s 3(b) | 8.5.1997
Ombudsman | Authority inserted by 25/2007 Sch 1 (cl 3(1)) | 28.4.2008
| Authority amended to read Ombudsman by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 52/2012 Sch 3 cl 63(1) | 20.12.2012
Police Disciplinary Tribunal | inserted by 25/2007 Sch 1 (cl 3(6)) | 28.4.2008
Police Minister | inserted by 25/2007 Sch 1 (cl 3(6)) | 28.4.2008
prescribed officer or employee | amended by 60/1992 Sch 2 | 18.3.1993
| amended by 90/1996 Sch | 8.5.1997
| substituted by 25/2007 Sch 1 (cl 3(6)) | 28.4.2008
protective security officer | inserted by 25/2007 Sch 1 (cl 3(6)) | 28.4.2008
Protective Security Officers Disciplinary Tribunal | inserted by 25/2007 Sch 1 (cl 3(6)) | 28.4.2008
spouse | inserted by 43/2006 s 171(3) | 1.6.2007
the Tribunal | deleted by 25/2007 Sch 1 (cl 3(6)) | 28.4.2008
s 3(2) | inserted by 90/1996 s 3(c) | 8.5.1997
s 3(3) and (4) | inserted by 90/1996 s 3(c) | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 3(5) | inserted by 90/1996 s 3(c) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 3(7)) | 28.4.2008
Pt 2 | |
heading | amended by 52/2012 Sch 3 cl 63(1) | 20.12.2012
s 5 | |
s 5(1) | amended by 52/2012 Sch 3 cl 63(1) | 20.12.2012
s 5(2)—(5) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 6 | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 7 | substituted by 75/1993 s 24 | 1.1.1994
s 7(1) and (2) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 8 | |
s 8(1) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 8(2) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 8(3)—(5) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 9 | substituted by 90/1996 s 4 | 8.5.1997
s 9(1) | amended by 52/2012 Sch 3 cl 63(2), (3) | 20.12.2012
s 9(2) | amended by 84/2009 s 271 | 1.2.2010
| amended by 52/2012 Sch 3 cl 63(3) | 20.12.2012
s 9(3) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 10 | deleted by 90/1996 s 4 | 8.5.1997
s 11 | |
s 11(1) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 11(2) and (3) | amended by 90/1996 Sch | 8.5.1997
s 11A | inserted by 90/1996 s 5 | 8.5.1997
s 11A(1) | amended by 17/2000 s 3 | 30.7.2000
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 11A(2) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 12 | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cll 63(2), 64 | 20.12.2012
Pt 3 | |
heading | substituted by 25/2007 Sch 1 (cl 4) | 28.4.2008
| substituted by 11/2013 s 18 | 9.6.2013
s 13 | |
s 13(1) | amended by 90/1996 s 6(a), Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 5(1)) | 28.4.2008
| amended by 11/2013 s 19(1) | 9.6.2013
s 13(2) | amended by 90/1996 s 6(b) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 5(2)) | 28.4.2008
| amended by 11/2013 s 19(2) | 9.6.2013
s 14 | amended by 90/1996 Sch | 8.5.1997
| amended by 11/2013 s 20(1), (3) | 9.6.2013
s 15 | substituted by 25/2007 Sch 1 (cl 6) | 28.4.2008
| amended by 11/2013 s 20(1), (3) | 9.6.2013
Pt 4 | heading amended by 90/1996 s 7 | 8.5.1997
s 16 | |
s 16(1) | substituted by 25/2007 Sch 1 (cl 7(1)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 16(2) | amended by 90/1996 Sch | 8.5.1997
| substituted by 25/2007 Sch 1 (cl 7(1)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 16(3) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 16(4) | amended by 90/1996 s 8(a), Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 7(2)—(4)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 16(5) | amended by 90/1996 s 8(b) | 8.5.1997
| amended by  25/2007 Sch 1 (cl 7(5), (6)) | 28.4.2008
s 17 | |
s 17(1) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 8(1)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 17(2) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 8(2)) | 28.4.2008
s 17(3) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 8(3), (4)) | 28.4.2008
s 17(4) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 17(5) | amended by 90/1996 Sch | 8.5.1997
s 18 | |
s 18(1) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 9(1)—(3)) | 28.4.2008
| amended by 11/2013 s 20(1) | 9.6.2013
s 18(2) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 9(4), (5)) | 28.4.2008
| amended by 11/2013 s 20(1) | 9.6.2013
s 18(3) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 18(4) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 9(6)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 18(5) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 29.12.2012
s 19 | |
s 19(1) | amended by 90/1996 s 9, Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 21(1) | 9.6.2013
s 19(1a) | inserted by 11/2013 s 21(2) | 9.6.2013
s 19(2) | amended by 90/1996 Sch | 8.5.1997
| amended by 11/2013 s 20(1) | 9.6.2013
s 20 | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 21 | |
s 21(1) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| substituted by 11/2013 s 22 | 9.6.2013
s 21(2) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 21A | inserted by 90/1996 s 10 | 8.5.1997
s 21A(1) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 21A(2) | amended by 84/2009 s 272 | 1.2.2010
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 21A(3) | amended by 25/2007 Sch 1 (cl 10(1)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 21A(4) | amended by 25/2007 Sch 1 (cl 10(2)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 21A(5) | amended by 25/2007 Sch 1 (cl 10(3)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 21A(6) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 21A(7) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 21A(8) | amended by 25/2007 Sch 1 (cl 10(4), (5)) | 28.4.2008
s 21A(9) | amended by 25/2007 Sch 1 (cl 10(6), (7)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 22 | |
s 22(1) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 11(1)) | 28.4.2008
s 22(2) and (3) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 22(4) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 22(5) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 22(6) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 11(2)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 22(7)—(10) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 22A | inserted by 90/1996 s 11 | 8.5.1997
s 22A(1) | amended by 25/2007 Sch 1 (cl 12) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 22A(2) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 22A(3) | amended by 11/2013 s 20(1) | 9.6.2013
s 22A(4) and (5) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 23 | |
s 23(1) | amended by 90/1996 s 12(a), (b), Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 23(2) | amended by 90/1996 s 12(c)—(f), Sch | 8.5.1997
| amended by 17/2000 s 4(a) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 13(1)—(3)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 23(3) | amended by 90/1996 s 12(g) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 13(4)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 23(4) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 23(4a) | inserted by 17/2000 s 4(b) | 30.7.2000
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 23(5) | amended by 90/1996 s 12(h), (i), Sch | 8.5.1997
| amended by 17/2000 s 4(c) | 30.7.2000
| amended by 11/2013 s 20(1), (3) | 9.6.2013
s 23(6) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 24 | amended by 90/1996 s 13, Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 25 | |
s 25(1) | amended by 90/1996 s 14(a), Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1), (2) | 9.6.2013
s 25(2) | amended by 90/1996 s 14(b), Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 25(3) | amended by 90/1996 s 14(c), Sch | 8.5.1997
| substituted by 17/2000 s 5(a) | 30.7.2000
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 25(3a) | amended by 90/1996 s 14(d) | 8.5.1997
| amended by 17/2000 s 5(b) | 30.7.2000
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 25(3b) | amended by 90/1996 s 14(d) | 8.5.1997
| amended by 17/2000 s 5(c) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 14(1)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2), (3) | 20.12.2012
s 25(3c) | amended by 90/1996 s 14(d) | 8.5.1997
s 25(4) | amended by 90/1996 s 14(e) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 14(2)) | 28.4.2008
| amended by 11/2013 s 20(1) | 9.6.2013
s 25(5) | amended by 17/2000 s 5(d), (e) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 14(3)) | 28.4.2008
| amended by 11/2013 s 20(1) | 9.6.2013
s 25(6) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 14(4)) | 28.4.2008
| amended by 11/2013 s 20(1) | 9.6.2013
s 25(7) | substituted by 90/1996 s 14(f) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 14(5), (6)) | 28.4.2008
| amended by 11/2013 s 20(1) | 9.6.2013
s 25(8) | amended by 90/1996 Sch | 8.5.1997
| amended by 17/2000 s 5(f) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 14(7)—(9)) | 28.4.2008
| amended by 11/2013 s 20(1) | 9.6.2013
s 25(8a) | inserted by 90/1996 s 14(g) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 14(10)) | 28.4.2008
| amended by 11/2013 s 20(1) | 9.6.2013
s 25(9) | amended by 90/1996 Sch | 8.5.1997
| amended by 17/2000 s 5(g)—(i) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 14(11), (12)) | 28.4.2008
s 25(10) | amended by 90/1996 Sch | 8.5.1997
| amended by 17/2000 s 5(j), (k) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 14(13), (14)) | 28.4.2008
s 25(11) | deleted by 43/2006 s 172 | 1.6.2007
s 25(12) | amended by 17/2000 s 5(l) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 14(15)) | 28.4.2008
| amended by 11/2013 s 20(1) | 9.6.2013
s 25(13) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 14(16), (17)) | 28.4.2008
| amended by 11/2013 s 20(1)—(3) | 9.6.2013
s 25(13a) | inserted by 17/2000 s 5(m) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 14(18)) | 28.4.2008
s 25(14) | |
designated officer | member of the police force amended to read designated officer by 25/2007 Sch 1 (cl 14(19)) | 28.4.2008
s 26 | |
s 26(1) | amended by 90/1996 s 15(a)—(d), Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1), (3) | 9.6.2013
s 26(2) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 26(3) | substituted by 90/1996 s 15(e) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 15(1)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 26(4) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 26(4a) | inserted by 90/1996 s 15(f) | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 26(4b) | inserted by 90/1996 s 15(f) | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 26(5) | amended by 90/1996 s 15(g), (h), Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 26(5a) | inserted by 90/1996 s 15(i) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 15(2)) | 28.4.2008
s 26(6) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 15(3)) | 28.4.2008
s 26(7) | |
directions | amended by 90/1996 s 15(j) | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 27 | deleted by 90/1996 s 16 | 8.5.1997
s 28 | |
s 28(1) | amended by 90/1996 s 17(a), Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(2) | amended by 90/1996 s 17(b), Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 16(1)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(3) | amended by 90/1996 Sch | 8.5.1997
| substituted by 17/2000 s 6(a) | 30.7.2000
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(3a) | inserted by 90/1996 s 17(c) | 8.5.1997
| amended by 17/2000 s 6(b) | 30.7.2000
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(3b) | inserted by 90/1996 s 17(c) | 8.5.1997
| amended by 17/2000 s 6(c) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 16(2)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2), (3) | 20.12.2012
s 28(3c) | inserted by 90/1996 s 17(c) | 8.5.1997
s 28(4) | amended by 90/1996 s 17(d) | 8.5.1997
| amended by 17/2000 s 6(d) | 30.7.2000
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(5) | amended by 90/1996 s 17(e), (f), Sch | 8.5.1997
| deleted by 17/2000 s 6(e) | 30.7.2000
s 28(6) | amended by 90/1996 Sch | 8.5.1997
| amended by 17/2000 s 6(f), (g) | 30.7.2000
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(7) | amended by 90/1996 s 17(g), Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 16(3)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(8) | substituted by 90/1996 s 17(h) | 8.5.1997
| substituted by 17/2000 s 6(h) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 16(4), (5)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(9) | amended by 90/1996 s 17(i) | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(10) | amended by 90/1996 Sch | 8.5.1997
| amended by 17/2000 s 6(i) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 16(6)) | 28.4.2008
| deleted by 52/2012 Sch 3 cl 65(1) | 20.12.2012
s 28(11) | amended by 90/1996 Sch | 8.5.1997
| amended by  25/2007 Sch 1 (cl 16(7), (8)) | 28.4.2008
| deleted by 52/2012 Sch 3 cl 65(1) | 20.12.2012
s 28(12) | amended by 90/1996 Sch | 8.5.1997
| amended by 17/2000 s 6(j)—(l) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 16(9), (10)) | 28.4.2008
s 28(13) | amended by 90/1996 Sch | 8.5.1997
| amended by 17/2000 s 6(m), (n) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 16(11), (12)) | 28.4.2008
s 28(14) | deleted by 43/2006 s 173 | 1.6.2007
s 28(15) | amended by 17/2000 s 6(o) | 30.7.2000
s 28(16) | amended by 90/1996 s 17(j) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 16(13)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(17) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 16(14)) | 28.4.2008
s 28(18) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 16(15), (16)) | 28.4.2008
| deleted by 52/2012 Sch 3 cl 65(2) | 20.12.2012
s 28(19) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 16(17), (18)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 28(20) | amended by 90/1996 Sch | 8.5.1997
s 28(20a) | inserted by 17/2000 s 6(p) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 16(19)) | 28.4.2008
s 28(21) | |
authorised person | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
designated officer | member of the police force amended to read designated officer by 25/2007 Sch 1 (cl 16(20)) | 28.4.2008
s 28A | inserted by 52/2012 Sch 3 cl 66 | 20.12.2012
s 29 | substituted by 90/1996 s 18 | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 30 | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
Pt 5 | |
s 31 | |
s 31(1) | amended by 90/1996 s 19, Sch | 8.5.1997
| amended by 17/2000 s 7 | 30.7.2000
| amended by 11/2013 s 20(1), (3) | 9.6.2013
s 31(2) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 32 | |
s 32(1) | amended by 90/1996 s 20(a), (b), Sch | 8.5.1997
| (a)(i)(E) deleted by 56/1998 s 3 | 1.7.1999
| amended by 17/2000 s 8 | 30.7.2000
| amended by 25/2007 Sch 1 (cl 17(1)—(4)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 32(2) | amended by 90/1996 s 20(c), Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 32(3) | amended by 90/1996 s 20(d), Sch | 8.5.1997
s 33 | amended by 90/1996 s 21, Sch | 8.5.1997
| amended by 17/2000 s 9 | 30.7.2000
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 34 | |
s 34(1) | amended by 90/1996 s 22(a), Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 34(2) and (3) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 34(4) | amended by 90/1996 s 22(b), Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
s 34(5) | amended by 90/1996 s 22(c), Sch | 8.5.1997
| substituted by 25/2007 Sch 1 (cl 18(1)) | 28.4.2008
s 34(6) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 34(7) | amended by 90/1996 Sch | 8.5.1997
s 34(8) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 18(2), (3)) | 28.4.2008
s 34(9) | amended by 90/1996 s 22(d), (e), Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1), (2) | 9.6.2013
s 35 | |
s 35(1) | amended by 90/1996 s 23, Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 19(1)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 35(2) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 19(2), (3)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 36 | |
s 36(1) | amended by 90/1996 s 24(a)—(d), Sch | 8.5.1997
| amended by 17/2000 s 10(a) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 20(1)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 36(2) | amended by 90/1996 s 24(e)—(g), Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 20(2), (3)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 36(3) | amended by 90/1996 Sch | 8.5.1997
| amended by 17/2000 s 10(b) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 20(4)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 36(4) | amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| inserted by 17/2000 s 10(c) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 20(5), (6)) | 28.4.2008
s 36(5) | inserted by 17/2000 s 10(c) | 30.7.2000
| amended by 25/2007 Sch 1 (cl 20(7)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
Pt 6 | |
heading | substituted by 25/2007 Sch 1 (cl 21) | 28.4.2008
s 38 before substitution by 25/2007 | |
s 38(1) | substituted by 90/1996 Sch | 8.5.1997
s 38(2) and (3) | amended by 90/1996 Sch | 8.5.1997
s 39 before substitution by 25/2007 | |
s 39(1) | amended by 90/1996 Sch | 8.5.1997
s 39(2) | amended by 90/1996 s 25 | 8.5.1997
s 39(2a) | inserted by 56/1998 s 4(a) | 1.7.1999
s 39(3) | amended by 90/1996 Sch | 8.5.1997
| amended by 56/1998 s 4(b) | 1.7.1999
s 39(4) | amended by 90/1996 Sch | 8.5.1997
Pt 6 Div 1 | |
heading | inserted by 25/2007 Sch 1 (cl 21) | 28.4.2008
s 37 | |
s 37(1)—(4) | amended by 90/1996 Sch | 8.5.1997
s 37(5) | inserted by 59/1998 s 18 | 8.5.1999
Pt 6 Div 2 | inserted by 25/2007 Sch 1 (cl 22) | 28.4.2008
Pt 6 Div 3 | inserted by 25/2007 Sch 1 (cl 22) | 28.4.2008
Pt 6 Div 4 | inserted by 25/2007 Sch 1 (cl 22) | 28.4.2008
Pt 6 Div 5 | |
heading | inserted by 25/2007 Sch 1 (cl 22) | 28.4.2008
s 39A | inserted by 25/2007 Sch 1 (cl 22) | 28.4.2008
s 40 | |
s 40(1) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 23(1)) | 28.4.2008
s 40(2) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 40(3) | amended by 90/1996 Sch | 8.5.1997
s 40(4) | substituted by 25/2007 Sch 1 (cl 23(2)) | 28.4.2008
s 40(5) | amended by 90/1996 Sch | 8.5.1997
| amended by 17/2006 s 184 | 4.9.2006
s 40(6) | amended by 90/1996 Sch | 8.5.1997
s 40(7) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 40(8) | amended by 90/1996 Sch | 8.5.1997
s 41 | |
s 41(1) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 24(1), (2)) | 28.4.2008
s 41(2) | amended by 90/1996 Sch | 8.5.1997
s 41(3) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 24(3)) | 28.4.2008
s 41(4) | amended by 90/1996 Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 24(4)) | 28.4.2008
s 43 | amended by 90/1996 Sch | 8.5.1997
| amended by 17/2006 s 185 | 4.9.2006
s 44 | |
s 44(2) | amended by 90/1996 Sch | 8.5.1997
s 45 | substituted by 90/1996 s 26 | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
Pt 7 | |
s 46 | |
s 46(1) | amended by 56/1998 s 5(a) | 1.7.1999
s 46(2) | amended by 90/1996 Sch | 8.5.1997
| amended by 56/1998 s 5(a) | 1.7.1999
| amended by 25/2007 Sch 1 (cl 25(1)) | 28.4.2008
s 46(2a) | inserted by 49/2013 s 19 | 1.9.2014
s 46(3) | amended by 90/1996 s 27, Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 25(2), (3)) | 28.4.2008
s 46(4) | amended by 56/1998 s 5(a) | 1.7.1999
| amended by 4/2000 s 9(1) (Sch 1 cl 32(a)) | 1.6.2000
s 46(5) | amended by 56/1998 s 5(a) | 1.7.1999
| deleted by 4/2000 s 9(1) (Sch 1 cl 32(b)) | 1.6.2000
s 46(6) | amended by 56/1998 s 5(a) | 1.7.1999
| deleted by 4/2000 s 9(1) (Sch 1 cl 32(c)) | 1.6.2000
s 46(7) | amended by 56/1998 s 5(a) | 1.7.1999
| deleted by 4/2000 s 9(1) (Sch 1 cl 32(d)) | 1.6.2000
s 46(8) | inserted by 56/1998 s 5(b) | 1.7.1999
s 46(9) | inserted by 56/1998 s 5(b) | 1.7.1999
Tribunal | inserted by 25/2007 Sch 1 (cl 25(4)) | 28.4.2008
Pt 8 | |
s 47 | |
s 47(1) | substituted by 90/1996 s 28 | 8.5.1997
| amended by 25/2007 Sch 1 (cl 26(1), (2)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 47(2) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 48 | |
s 48(1) | substituted by 90/1996 s 29(a) | 8.5.1997
prescribed officer | amended by 25/2007 Sch 1 (cl 27(1)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
| amended by 11/2013 s 20(1) | 9.6.2013
relevant person | amended by 25/2007 Sch 1 (cl 27(2)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
Tribunal | inserted by 25/2007 Sch 1 (cl 27(3)) | 28.4.2008
s 48(2) | amended by 90/1996 s 29(b), Sch | 8.5.1997
s 48(3) | amended by 90/1996 s 29(c), (d), Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 27(4), (5)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 48(4) | substituted by 90/1996 s 29(e) | 8.5.1997
| amended by 56/1998 s 6 | 1.7.1999
s 48(5) | substituted by 90/1996 s 29(e) | 8.5.1997
s 48(6) | inserted by 90/1996 s 29(e) | 8.5.1997
| amended by 25/2007 Sch 1 (cl 27(6)) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 48(7) | inserted by 90/1996 s 29(e) | 8.5.1997
| amended by 17/2000 s 11 | 30.7.2000
| amended by 52/2012 Sch 3 cl 63(2) | 29.12.2012
s 48(8) | inserted by 90/1996 s 29(e) | 8.5.1997
s 49 | |
s 49(1) | amended by 90/1996 s 30(a)—(c), Sch | 8.5.1997
s 49(2) | amended by 90/1996 s 30(d), (e), Sch | 8.5.1997
s 49(3) and (4) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 49(5) and (6) | amended by 90/1996 Sch | 8.5.1997
s 49(7) | |
complaint under this Act | amended by 25/2007 Sch 1 (cl 28) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 50 | |
s 50(1) | amended by 90/1996 s 31(a) | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 50(2) | substituted by 90/1996 s 31(b) | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 29.12.2012
s 50(3) | amended by 90/1996 s 31(c), Sch | 8.5.1997
s 51 | amended by 90/1996 s 32, Sch | 8.5.1997
| amended by 25/2007 Sch 1 (cl 29) | 28.4.2008
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 52 | |
s 52(1) and (2) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 52(3) | amended by 90/1996 s 33, Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 29.12.2012
s 52(4) and (5) | amended by 90/1996 Sch | 8.5.1997
| amended by 52/2012 Sch 3 cl 63(2) | 20.12.2012
s 52(6) | amended by 90/1996 Sch | 8.5.1997
ss 53 and 54 | deleted by 90/1996 Sch | 8.5.1997
Historical versions
Reprint No 1—18.3.1993 |
Reprint No 2—1.1.1994 |
Reprint No 3—8.5.1997 |
Reprint No 4—8.5.1998 |
Reprint No 5—1.7.1999 |
Reprint No 6—1.6.2000 |
Reprint No 7—30.7.2000 |
4.9.2006 |
1.6.2007 |
28.4.2008 |
1.2.2010 |
20.12.2012 |
9.6.2013 |

[4.9.2017] This version is not published under the Legislation Revision and Publication Act 2002

This version is not published under the Legislation Revision and Publication Act 2002 [4.9.2017]