South Australia
Police Act 1998
An Act to make provision for the establishment and management of South Australia Police; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
3	Interpretation
Part 2—General
4	Composition of police
5	Purpose of police
6	Commissioner responsible for control and management of police
7	Exclusion of directions in relation to employment of particular persons
8	Directions to Commissioner to be Gazetted and laid before Parliament
9	Commissioner also responsible for control and management of police cadets and police medical officers
10	General management aims and standards
11	Orders
Part 3—Commissioner, Deputy Commissioner and Assistant Commissioners
12	Appointment of Commissioner of Police
13	Conditions of Commissioner's appointment
14	Deputy Commissioner
15	Assistant Commissioners
16	Conditions of appointment of Deputy and Assistant Commissioners
17	Termination of appointment of Commissioner or Deputy or Assistant Commissioner
18	Resignation
19	Delegation
Part 4—Other members of S.A. Police
Division 1—Appointment and resignation
20	Appointment of officers
21	Appointment of sergeants and constables
22	Further division of ranks
23	Term appointments for certain positions
24	Appointment of community police
25	Police oath or affirmation
26	Effect of appointment and oath or affirmation
27	Probationary appointment
28	Performance standards for officers
29	Resignation and relinquishment of official duties
Division 2—Special provisions relating to community police
30	Powers, responsibilities and immunities of community police
31	Suspension or termination of appointment of community police
32	Conditions of appointment of community police
Part 5—Police cadets and police medical officers
33	Police cadets
34	Suspension or termination of appointment of police cadets
35	Resignation and relinquishment of official duties
36	Police medical officers
Part 6—Misconduct and discipline of police and police cadets
37	Code of conduct
38	Report and investigation of breach of Code
39	Charge for breach of Code
40	Orders for punishment following offence or charge of breach of Code
41	Suspension where charge of offence or breach of Code
42	Minor misconduct
43	Right to apply for review of informal inquiry etc
44	Monitoring of informal inquiries etc
Part 7—Termination and transfer of police
45	Physical or mental disability or illness
46	Unsatisfactory performance
47	Power to transfer
Part 8—Review of certain termination, transfer and promotion decisions
Division 1—Termination reviews
48	Right of review
49	Determination of application
50	Reasons for decision
51	Appeal from decision of Tribunal
Division 2—Transfer reviews
52	Review of certain transfers
Division 3—Promotion reviews
53	Interpretation and application
54	Processes for appointment or nomination for prescribed promotional positions
55	Right of review
56	Grounds for application for review
57	Determination of application
58	Determination of question of eligibility for appointment
Part 9—Special constables
59	Appointment of special constables
60	Oath or affirmation by special constables
61	Duties and powers of special constables
62	Suspension or termination of appointment of special constables
63	Allowances and equipment for special constables
Part 10—Miscellaneous
64	Appointment and promotion procedures
65	Protection from liability for members of S.A. Police
66	Members subject to duty in or outside State
67	Divestment or suspension of powers
68	Duty to deliver up equipment etc
69	False statements in applications for appointment
70	Suspension or revocation of suspension under Act or regulations
71	Evidence of appointment
72	Execution of process
73	Allowances
74	Impersonating police and unlawful possession of police property
74A	Special provisions relating to criminal intelligence
75	Annual reports by Commissioner
76	Regulations
Schedule 1—Police Review Tribunal
1	Constitution of Tribunal
2	Secretary to Tribunal
3	Proceedings before Tribunal
4	Powers of Tribunal
5	Practice and procedure
Schedule 2—Transitional provisions
2	Transitional provisions
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Police Act 1998.
3—Interpretation
In this Act—
Assistant Commissioner means an Assistant Commissioner of Police appointed under Part 3;
Code means the Code of Conduct established by regulation under Part 6;
Commissioner means the Commissioner of Police appointed under Part 3;
community constable means a person appointed under Part 4 to be a community constable, and community police means community constables as a group;
Deputy Commissioner means the Deputy Commissioner of Police appointed under Part 3;
member of S.A. Police means the Commissioner, the Deputy Commissioner or an Assistant Commissioner or any person appointed under Part 4, but does not include a police cadet, police medical officer or special constable;
merit, in relation to selection processes for filling positions, means—
	(a)	the extent to which each of the applicants has a record of good conduct and integrity; and
	(b)	the extent to which each of the applicants has abilities, aptitude, skills, qualifications, knowledge, experience (including community experience), potential for development and personal qualities relevant to the carrying out of the duties in question; and
	(c)	the manner in which each of the applicants carried out any previous employment or occupational duties or functions;
minor misconduct means conduct of a kind agreed or determined to constitute minor misconduct and set out in a notice tabled before both Houses of Parliament under section 3 of the Police (Complaints and Disciplinary Proceedings) Act 1985;
officer means a member of S.A. Police of or above the rank of inspector;
police cadet means a person appointed under Part 5 to be a police cadet;
Police Complaints Authority means the Police Complaints Authority established under the Police (Complaints and Disciplinary Proceedings) Act 1985;
Police Disciplinary Tribunal means the Police Disciplinary Tribunal established under the Police (Complaints and Disciplinary Proceedings) Act 1985;
Police Review Tribunal means the Police Review Tribunal established under Schedule 1;
South Australia Police or S.A. Police see section 4;
selection processes means processes by which applications are sought and applicants selected for the purpose of filling a position;
special constable means a person appointed under Part 9 to be a special constable.

Part 2—General
4—Composition of police
South Australia Police (in this Act referred to as S.A. Police) consists of—
	(a)	the Commissioner of Police; and
	(b)	the Deputy Commissioner of Police; and
	(c)	the Assistant Commissioners of Police; and
	(d)	the other officers and members (including community constables) appointed under Part 4.
5—Purpose of police
The purpose of S.A. Police is to reassure and protect the community in relation to crime and disorder by the provision of services to—
	(a)	uphold the law; and
	(b)	preserve the peace; and
	(c)	prevent crime; and
	(d)	assist the public in emergency situations; and
	(e)	co-ordinate and manage responses to emergencies; and
	(f)	regulate road use and prevent vehicle collisions.
6—Commissioner responsible for control and management of police
Subject to this Act and any written directions of the Minister, the Commissioner is responsible for the control and management of S.A. Police.
7—Exclusion of directions in relation to employment of particular persons
No Ministerial direction may be given to the Commissioner in relation to the appointment, transfer, remuneration, discipline or termination of a particular person.
8—Directions to Commissioner to be Gazetted and laid before Parliament
The Minister must cause a copy of any direction given to the Commissioner to be—
	(a)	published in the Gazette within eight days of the date of the direction; and
	(b)	laid before each House of Parliament within six sitting days of the date of the direction if Parliament is then in session, or, if not, within six sitting days after the commencement of the next session of Parliament.
9—Commissioner also responsible for control and management of police cadets and police medical officers
The Commissioner is also responsible for the control and management of the police cadets and police medical officers.
10—General management aims and standards
	(1)	The Commissioner must ensure that management practices are followed with respect to S.A. Police and the police cadets and police medical officers that are directed towards—
	(a)	effective, responsive and efficient delivery of services; and
	(b)	maintenance of structures, systems and processes that are not excessively formal and can adapt quickly to changing demands; and
	(c)	development, encouragement and full utilisation of the abilities of all personnel through ongoing training and education and appropriate remuneration; and
	(d)	effective, prudent and fully accountable management of resources; and
	(e)	continuous improvement in the delivery of services.
	(2)	With respect to personnel management, the Commissioner must ensure that practices are followed under which—
	(a)	selection processes for filling positions are based on a proper assessment of merit; and
	(b)	employees are treated fairly and consistently and are not subjected to arbitrary or capricious administrative decisions; and
	(c)	there is no unlawful discrimination against employees or persons seeking to become employees; and
	(d)	the diversity of personnel is used to advantage; and
	(e)	equal opportunities for promotion and advancement are afforded to all employees; and
	(f)	employees are afforded reasonable avenues of redress against improper or unreasonable administrative decisions; and
	(g)	working conditions are kept safe and healthy; and
	(h)	there is no nepotism or patronage.
11—Orders
	(1)	The Commissioner may make or give general or special orders, not inconsistent with this Act, for the control and management of S.A. Police and the police cadets and police medical officers.
	(2)	The orders may make provision concerning—
	(a)	the various duties to be performed; and
	(b)	the manner in which and the time and place at which the various duties are to be performed and any other matters relating to their performance; and
	(c)	the requirements or qualifications for appointment or promotion; and
	(d)	other matters that the Commissioner considers relevant to the control and management of S.A. Police and the police cadets and police medical officers.
	(3)	The general or special orders of the Commissioner—
	(a)	may be varied or revoked by the Commissioner; and
	(b)	will not be taken to be a form of subordinate legislation to which the Subordinate Legislation Act 1978 applies.
	(4)	The power of the Commissioner to give binding orders or directions is not restricted by the provision for the making of general or special orders or the contents of any general or special orders.

Part 3—Commissioner, Deputy Commissioner and Assistant Commissioners
12—Appointment of Commissioner of Police
The Governor may appoint a person to be the Commissioner of Police.
13—Conditions of Commissioner's appointment
	(1)	The conditions of appointment of the Commissioner are to be subject to a contract between the Commissioner and the Premier.
	(2)	The contract must specify—
	(a)	that the Commissioner is appointed for a term not exceeding five years specified in the contract and is eligible for reappointment; and
	(b)	that the Commissioner is to meet performance standards as set from time to time by the Minister (which must be consistent with the aims and requirements of this Act); and
	(c)	that the Commissioner is entitled to remuneration and other benefits specified in the contract; and
	(d)	the sums representing the values of the benefits (other than remuneration); and
	(e)	the total remuneration package value under the contract.
	(3)	The decision whether to reappoint at the end of a term of appointment must be made and notified to the Commissioner not less than three months before the end of the term.
	(4)	The remuneration and other monetary benefits under the contract are a charge on the Consolidated Account of the State which is appropriated to the necessary extent.
	(5)	The Minister must, on setting or varying the performance standards to be met by the Commissioner, cause a statement of the standards or variation to be laid before each House of Parliament within six sitting days if Parliament is then in session or, if not, within six sitting days after the commencement of the next session of Parliament.
	(6)	The Minister must, on notifying a person of a decision not to reappoint the person as the Commissioner at the end of a term of appointment, cause a statement of the reasons for that decision to be laid before each House of Parliament within six sitting days if Parliament is then in session or, if not, within six sitting days after the commencement of the next session of Parliament.
14—Deputy Commissioner
	(1)	The Governor may appoint a Deputy Commissioner of Police.
	(2)	The Deputy Commissioner must exercise and perform such of the powers, authorities, duties and functions of the Commissioner as the Commissioner may direct (either generally or in a special case).
	(3)	When the Commissioner is absent from duty because of illness or for any other reason, or during a vacancy in the position of the Commissioner, the Deputy Commissioner may exercise and perform all the powers, authorities, duties, and functions conferred or imposed on the Commissioner by or under this or another Act or any law.
15—Assistant Commissioners
	(1)	The Commissioner may appoint as many Assistant Commissioners of Police as the Commissioner thinks necessary.
	(2)	When the Deputy Commissioner is absent from duty because of illness or for any other reason, or during a vacancy in the position of the Deputy Commissioner—
	(a)	the Assistant Commissioner nominated in writing by the Commissioner; or
	(b)	if that Assistant Commissioner is absent from duty for any reason, the Assistant Commissioner who is the most senior Assistant Commissioner on duty at the time,
may exercise and perform all the powers, authorities, duties and functions conferred or imposed on the Deputy Commissioner.
16—Conditions of appointment of Deputy and Assistant Commissioners
	(1)	The conditions of appointment of the Deputy Commissioner or an Assistant Commissioner are to be subject to a contract between the Deputy or Assistant Commissioner and the Commissioner.
	(2)	The contract must specify—
	(a)	that the Deputy or Assistant Commissioner is appointed for a term not exceeding five years specified in the contract and is eligible for reappointment; and
	(b)	that the Deputy or Assistant Commissioner is to meet performance standards as set from time to time by the Commissioner and published in the Gazette; and
	(c)	that the Deputy or Assistant Commissioner is entitled to remuneration and other benefits specified in the contract; and
	(d)	the sums representing the values of the benefits (other than remuneration); and
	(e)	the total remuneration package value under the contract.
	(3)	The decision whether to reappoint at the end of a term of appointment must be made and notified to the Deputy or Assistant Commissioner not less than three months before the end of the term.
	(4)	If, immediately before a person was first appointed as an Assistant Commissioner, he or she held an appointment under this Act or the Act repealed by this Act (the person's former appointment), the person is, on not being reappointed at the end of a term of appointment, entitled to an appointment at the same rank as the person's former appointment.
17—Termination of appointment of Commissioner or Deputy or Assistant Commissioner
	(1)	The appointment of the Commissioner or Deputy Commissioner may be terminated by the Governor and the appointment of an Assistant Commissioner may be terminated by the Commissioner on the ground that the Commissioner or Deputy or Assistant Commissioner—
	(a)	has been guilty of misconduct; or
	(b)	has been convicted of an offence punishable by imprisonment; or
	(c)	has engaged in any remunerative employment, occupation or business outside official duties without the consent of the Minister in the case of the Commissioner or the Deputy Commissioner, or the consent of the Commissioner in the case of an Assistant Commissioner; or
	(d)	has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or
	(e)	has, because of mental or physical incapacity, failed to carry out duties satisfactorily or to the performance standards set under the contract relating to his or her appointment; or
	(f)	has, for any other reason, failed to carry out duties in a manner that satisfies the performance standards set under the contract relating to his or her appointment.
	(2)	The Minister must, on terminating the appointment of the Commissioner, cause a statement of the reasons for that decision to be laid before each House of Parliament within six sitting days if Parliament is then in session or, if not, within six sitting days after the commencement of the next session of Parliament.
18—Resignation
	(1)	The Commissioner or the Deputy Commissioner may resign by not less than three months notice in writing to the Minister (unless notice of a shorter period is accepted by the Minister).
	(2)	An Assistant Commissioner may resign by not less than three months notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).
19—Delegation
	(1)	The Commissioner may, by instrument in writing, delegate any of the powers or functions conferred on, or assigned to, the Commissioner by or under this or any other Act—
	(a)	to a particular person; or
	(b)	to the person for the time being occupying a particular position.
	(2)	A power or function delegated under this section may, if the instrument of delegation so provides, be subdelegated.
	(3)	A delegation or subdelegation under this section—
	(a)	may be absolute or conditional; and
	(b)	does not derogate from the power of the delegator to act personally in any matter; and
	(c)	is revocable at will by the delegator.
	(4)	A copy of every instrument of delegation issued by the Commissioner under this section must be retained as part of the records of S.A. Police.

Part 4—Other members of S.A. Police
Division 1—Appointment and resignation
20—Appointment of officers
The Commissioner may appoint as many commanders, superintendents, inspectors and other officers of police as the Commissioner thinks necessary.
21—Appointment of sergeants and constables
The Commissioner may appoint as many sergeants and constables as the Commissioner thinks necessary.
22—Further division of ranks
The ranks of officers and other members of S.A. Police may be further divided or consolidated under the regulations.
23—Term appointments for certain positions
	(1)	An appointment of a person who is not a member of S.A. Police to a position in S.A. Police of or above the rank of senior constable may be made (but is not required to be made)—
	(a)	for a term not exceeding five years specified in the instrument of appointment; and
	(b)	on such conditions as to remuneration or any other matter as the Commissioner considers appropriate.
	(2)	A person must not be appointed for a term under this section except—
	(a)	where the person has special expertise that is required but not available within S.A. Police; or
	(b)	in other cases of a special kind prescribed by regulation.
	(3)	The term of an appointment under this section may not be extended so that it exceeds five years and a person may not be reappointed under this section so that the terms in aggregate exceed five years.
24—Appointment of community police
	(1)	The Commissioner may appoint as many community constables as the Commissioner thinks necessary.
	(2)	A community constable will be appointed for the whole of the State or an area of the State specified in the instrument of appointment.
	(3)	The Commissioner may, by written notice to a community constable, vary the area in relation to which the appointment is effective.
	(4)	The Commissioner may give a community constable position and its occupant a title that reflects an area limitation or other characteristic of the position, and may vary such a title.
	(5)	Division 2 of this Part contains other special provisions relating to community police.
25—Police oath or affirmation
A person's appointment as a member of S.A. Police (including appointment as the Commissioner, the Deputy Commissioner or an Assistant Commissioner) is rendered void if the person does not on appointment make an oath or affirmation in the form prescribed by regulation.
26—Effect of appointment and oath or affirmation
	(1)	A person who is appointed as a member of S.A. Police and makes the prescribed oath or affirmation will be taken to have entered into an agreement to serve in S.A. Police in each position that the person may hold until he or she lawfully ceases to be a member of S.A. Police.
	(2)	No such agreement is void for want of consideration.
27—Probationary appointment
	(1)	Subject to this section, a person's appointment to a position in S.A. Police will be on probation for a period determined by the Commissioner not exceeding—
	(a)	in the case of a person who, immediately before appointment, was not a member of S.A. Police—two years; or
	(b)	in any other case—one year.
	(2)	This section does not apply to—
	(a)	appointment as the Commissioner, the Deputy Commissioner or an Assistant Commissioner; or
	(b)	appointment for a term under this Division; or
	(c)	appointment of a member of S.A. Police to another position of the same rank as the member held immediately before the appointment; or
	(d)	appointment as a community constable.
	(3)	The Commissioner may at any time during the period of probation of a member, having regard to the person's suitability for permanent appointment—
	(a)	confirm the appointment; or
	(b)	extend or further extend the period of the probation for such period as the Commissioner determines, but not so that the total period of probation exceeds the maximum period allowed in relation to the person under subsection (1); or
	(c)	terminate the appointment.
	(4)	The period of the probationary service of a member does not, unless the Commissioner decides to the contrary, include any period during which the member is absent from duty without pay.
	(5)	An appointment on probation will be taken to have been confirmed if, at the end of the period of probation, the appointment has not previously been confirmed or terminated.
	(6)	If—
	(a)	a person's appointment is terminated under this section; and
	(b)	the person's appointment constituted a promotion from another position in S.A. Police of a lower rank,
the person will, on the termination, revert to a position in S.A. Police approved by the Commissioner at that lower rank.
28—Performance standards for officers
It is a condition of appointment as an officer below the rank of Assistant Commissioner that the officer is to meet performance standards as set from time to time by the Commissioner.
29—Resignation and relinquishment of official duties
	(1)	A member of S.A. Police (other than the Commissioner, the Deputy Commissioner or an Assistant Commissioner) may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).
	(2)	A member of S.A. Police (other than the Commissioner, the Deputy Commissioner or an Assistant Commissioner) must not relinquish official duties unless the member—
	(a)	is expressly authorised in writing by the Commissioner to do so; or
	(b)	is incapacitated by physical or mental disability or illness from performing official duties.
Maximum penalty: $1 250 or three months imprisonment.

Division 2—Special provisions relating to community police
30—Powers, responsibilities and immunities of community police
	(1)	A community constable's powers, responsibilities and immunities as a member of S.A. Police are subject to any limitation imposed by the Commissioner.
	(2)	The Commissioner—
	(a)	may impose a limitation on the powers, responsibilities or immunities of a community constable by—
	(i)	instrument of appointment of the community constable; or
	(ii)	notice in writing to the community constable; and
	(b)	may vary or revoke such a limitation by notice in writing to the community constable.
	(3)	Limitations imposed under this section may vary from one community constable to another.
31—Suspension or termination of appointment of community police
	(1)	Subject to subsection (2), the Commissioner may, at the Commissioner's discretion, suspend or terminate the appointment of a community constable.
	(2)	The Commissioner must not take action against a community constable under this section because of any incapacity of the community constable to perform duties that results from physical or mental disability or illness of the community constable without first complying with the requirements of the Police Superannuation Act 1990.
32—Conditions of appointment of community police
	(1)	The conditions of appointment of a community constable may be determined by the Commissioner.
	(2)	A determination by the Commissioner must provide for the payment of remuneration, allowances and expenses in accordance with a specified scale.
	(3)	A determination under this section may relate to community police generally, a class of community police or a particular community constable.

Part 5—Police cadets and police medical officers
33—Police cadets
	(1)	The Commissioner may appoint as many police cadets as the Commissioner thinks necessary.
	(2)	A police cadet is not a member of S.A. Police and is not a public service employee.
34—Suspension or termination of appointment of police cadets
The Commissioner may, at the Commissioner's discretion, suspend or terminate the appointment of a police cadet.
35—Resignation and relinquishment of official duties
	(1)	A police cadet may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).
	(2)	A police cadet must not relinquish official duties unless the police cadet—
	(a)	is expressly authorised in writing by the Commissioner to do so; or
	(b)	is incapacitated by physical or mental disability or illness from performing official duties.
Maximum penalty: $1 250 or three months imprisonment.
36—Police medical officers
	(1)	The Commissioner may appoint a legally qualified medical practitioner to be a police medical officer.
	(2)	The appointment of a police medical officer will be on terms and conditions fixed by the Commissioner.
	(3)	A police medical officer is not a member of S.A. Police and is not a public service employee.
	(4)	A police medical officer must perform such duties as are arranged between the Commissioner and the officer.

Part 6—Misconduct and discipline of police and police cadets
37—Code of conduct
	(1)	The Governor may, by regulation, establish a Code of Conduct for the maintenance of professional standards by members of S.A. Police and police cadets.
	(2)	The Code may make provision concerning—
	(a)	the performance of duties; and
	(b)	corrupt, improper or discreditable behaviour (including criminal conduct under foreign law); and
	(c)	conduct towards other members of S.A. Police, police cadets or police medical officers; and
	(d)	standards of personal behaviour or dress; and
	(e)	relations with the public or particular groups or organisations; and
	(f)	the use of official information or resources; and
	(g)	public comment; and
	(h)	other matters that the Governor considers relevant to the maintenance of professional standards.
38—Report and investigation of breach of Code
	(1)	A member of S.A. Police or police cadet who becomes aware of circumstances in which it is reasonable to suspect the commission of a breach of the Code must report the matter to the Commissioner or as directed by the Commissioner.
	(2)	If the Commissioner suspects that a member of S.A. Police or a police cadet has committed a breach of the Code, the Commissioner may, subject to a determination of the Police Complaints Authority under section 23 of the Police (Complaints and Disciplinary Proceedings) Act 1985, cause the matter to be investigated.
39—Charge for breach of Code
	(1)	The Commissioner may, in accordance with the procedures prescribed by regulation, charge a member of S.A. Police or police cadet with a breach of the Code.
	(2)	A person charged may, within the period and in the manner prescribed by regulation, admit or deny the charge.
	(3)	If a charge is not admitted, the charge must be heard and determined by the Police Disciplinary Tribunal in accordance with the Police (Complaints and Disciplinary Proceedings) Act 1985.
40—Orders for punishment following offence or charge of breach of Code
	(1)	If a member of S.A. Police or police cadet—
	(a)	is found guilty of an offence under a law of this State, the Commonwealth or another State or a Territory of the Commonwealth; or
	(b)	admits in accordance with this Act a breach of the Code with which he or she has been charged; or
	(c)	is found guilty of a breach of the Code in proceedings before the Police Disciplinary Tribunal,
the Commissioner may take action, or order the taking of action, of one or more of the following kinds in relation to the person:
	(d)	termination of the person's appointment;
	(e)	suspension of the person's appointment for a specified period;
	(f)	reduction of the person's remuneration by a specified amount for a specified period (but not so that the total amount forfeited exceeds the amount prescribed by regulation);
	(g)	where the person is a member of S.A. Police, transfer of the member to another position in S.A. Police (whether with or without a reduction in rank, seniority or remuneration);
	(h)	where the person is a member of S.A. Police, reduction in the member's seniority;
	(i)	imposition of a fine not exceeding the amount prescribed by regulation;
	(j)	where the person is a police cadet, withdrawal of specified rights or privileges for a specified period;
	(k)	a reprimand recorded in the person's conduct and service history kept under the regulations;
	(l)	an unrecorded reprimand;
	(m)	counselling;
	(n)	education or training;
	(o)	action of any other kind prescribed by regulation.
41—Suspension where charge of offence or breach of Code
	(1)	If a member of S.A. Police or police cadet is charged with an offence (whether under the law of this State, the Commonwealth or another State or a Territory of the Commonwealth) or a breach of the Code, the Commissioner may suspend the person's appointment.
	(2)	The Commissioner may, if the Commissioner considers it appropriate to do so in the circumstances, suspend the person's appointment after deciding that the person be charged but before the charge is actually laid.
	(3)	A suspension under subsection (2) is to be taken to have been revoked by the Commissioner if the charge is not laid within 24 hours (excluding a Saturday, Sunday or a public holiday falling on a Monday or Friday).
	(4)	A suspension under this section must be revoked by the Commissioner if—
	(a)	the person is found not guilty of the offence or breach charged or the charge is dismissed, lapses or is withdrawn; and
	(b)	the person does not stand charged of any other offence or breach.
	(5)	If the suspension under this section of a person's appointment is revoked by the Commissioner, then, subject to any determination of the Commissioner under the regulations, the person is entitled to any remuneration or accrual of rights withheld in consequence of the suspension and the period of the suspension will count as service.
42—Minor misconduct
	(1)	Subject to the Police (Complaints and Disciplinary Proceedings) Act 1985, the Commissioner may determine that a suspected breach of the Code involves minor misconduct only on the part of a member of S.A. Police or police cadet and refer the matter to a member of S.A. Police determined in accordance with the orders and directions of the Commissioner for an informal inquiry.
	(2)	A member to whom a matter is referred for an informal inquiry under subsection (1) or under section 21A of the Police (Complaints and Disciplinary Proceedings) Act 1985—
	(a)	must cause the matter to be inquired into (subject to this Act and any orders or directions of the Commissioner); and
	(b)	must determine, or cause a determination to be made, on the balance of probabilities, whether the subject matter of the inquiry involves a breach of the Code by the member or police cadet concerned; and
	(c)	must ensure that the member or police cadet concerned is afforded an opportunity—
	(i)	to admit any breach of the Code that he or she is alleged to have committed; and
	(ii)	if such a breach is not admitted, to make submissions either orally or in writing in relation to the alleged breach; and
	(d)	if the breach is admitted or is found to have been committed, may, subject to any order or directions of the Commissioner, determine that action be taken under subsection (3) in relation to the member or police cadet concerned; and
	(e)	must ensure that a written report of the results of the inquiry and any action that it has been determined should be taken in relation to the member or police cadet concerned is prepared and delivered to the Commissioner; and
	(f)	must ensure that particulars of the results of the inquiry and the action (if any) that it has been determined should be taken in relation to the member or police cadet concerned are furnished to the member or police cadet.
	(3)	Action of one or more of the following kinds may, subject to any orders or directions of the Commissioner, be taken in relation to a member or police cadet for a breach of the Code that the member or police cadet has admitted, or been found to have committed, under this section:
	(a)	in the case of a member, transfer of the member for not more than four months to another position in S.A. Police (not involving a reduction in rank or seniority or, without the member's consent, relocation to a place beyond reasonable commuting distance from the member's current place of employment);
	(b)	recorded or unrecorded advice;
	(c)	counselling;
	(d)	education or training.
	(4)	No information obtained in relation to the subject matter of an inquiry under this section during the inquiry may be used in proceedings in respect of a breach of the Code before the Police Disciplinary Tribunal unless the proceedings are against a member of S.A. Police or police cadet who has allegedly provided false information with the intention of obstructing the inquiry.
43—Right to apply for review of informal inquiry etc
	(1)	If a member of S.A. Police or police cadet is found on an informal inquiry to have committed a breach of the Code, the member or police cadet may apply for a review under this section on the ground that he or she did not commit the breach concerned or that there was a serious irregularity in the processes followed in the informal inquiry.
	(2)	If a determination is made on an informal inquiry that action should be taken in relation to the member of S.A. Police or police cadet concerned for a breach of the Code, the member or police cadet may apply for a review under this section on the ground that the action is not warranted by the nature of the breach or in the circumstances of the case.
	(3)	An application for review under this section must be made to a member of S.A. Police determined under the regulations within the period and in the manner prescribed by the regulations.
	(4)	The member to whom an application for review under this section must be made—
	(a)	must be the occupant of a position specified in the regulations or determined according to factors specified in the regulations;
	(b)	must not be selected according to the discretion of the Commissioner or any other person;
	(c)	must not have been involved in the informal inquiry or investigations leading up to the informal inquiry.
	(5)	A member to whom an application is made under this section—
	(a)	must, as soon as is practicable, conduct a review (subject to this Act and any order or direction of the Commissioner) of the processes followed in the informal inquiry, or the finding or determination made on the informal inquiry, as the case may require; and
	(b)	must afford the applicant an opportunity to make submissions either orally or in writing in support of his or her application; and
	(c)	may, according to the nature of the case—
	(i)	order that a new informal inquiry be conducted or that the processes involved in the inquiry be recommenced from some specified stage;
	(ii)	affirm or quash any finding or determination reviewed;
	(iii)	make a determination that should have been made in the first instance; and
	(d)	must ensure that a written report of the results of the review is prepared and delivered to the Commissioner; and
	(e)	must ensure that particulars of the results of the review are furnished to the member or police cadet concerned.
	(6)	This section applies to the exclusion of any right of appeal under Part 7 of the Police (Complaints and Disciplinary Proceedings) Act 1995.
44—Monitoring of informal inquiries etc
	(1)	The Commissioner must cause all informal inquiries and findings and determinations made with respect to minor misconduct to be monitored and reviewed with a view to maintaining proper and consistent practices.
	(2)	The Commissioner may intervene in a particular case if the Commissioner considers it appropriate to do so (whether before or after review of the case under subsection (1) or a review on the application of the member of S.A. Police or police cadet concerned)—
	(a)	by ordering that a new informal inquiry be conducted or that the processes involved in the informal inquiry be recommenced from some specified stage;
	(b)	by quashing a finding that the member of S.A. Police or police cadet has committed a breach of the Code;
	(c)	by making a determination that no action or less severe action be taken in relation to the member of S.A. Police or police cadet for a breach of the Code.

Part 7—Termination and transfer of police
45—Physical or mental disability or illness
	(1)	If the Commissioner is satisfied after due inquiry that the appointment of a member of S.A. Police should be terminated because of the member's incapacity to perform duties as a member by reason of physical or mental disability or illness, the Commissioner may terminate the appointment of the member.
	(2)	The Commissioner must not terminate the appointment of a police officer under subsection (1) without first complying with—
	(a)	if the officer is a contributor in relation to the scheme of superannuation established by the Police Superannuation Act 1990—the requirements of that Act; or
	(b)	if the officer is a member of the Southern State Superannuation Scheme established by the Southern State Superannuation Act 1994—the requirements of that Act.
	(3)	This section does not apply in relation to an officer appointed under Part 3.
46—Unsatisfactory performance
	(1)	If the Commissioner is satisfied that—
	(a)	a member of S.A. Police is not performing duties of his or her position satisfactorily or to applicable performance standards; and
	(b)	it is not practicable to transfer the member to another position of the same rank with duties suited to the member's capabilities or qualifications,
the Commissioner may, if it is practicable to do so, transfer the member to a position of a lower rank with duties suited to the member's capabilities or qualifications.
	(2)	If it is not practicable to transfer the member to a position of the same or a lower rank, the Commissioner may terminate the appointment of the member.
	(3)	This section does not apply in relation to an officer appointed under Part 3.
	(4)	This section does not apply if a member's unsatisfactory performance is due to—
	(a)	physical or mental disability or illness of the member; or
	(b)	lack of necessary resources or training or other organisational factors beyond the member's control.
	(5)	The Commissioner must not take action under this section unless—
	(a)	the member has first been advised of his or her unsatisfactory performance and given specific details of the areas of his or her underperformance, the performance standards to be attained and the measures to be taken for improvement; and
	(b)	the member has been allowed a period of not less than three months and not more than six months for improvement to the specified standards; and
	(c)	a panel of persons has been convened, and has made a decision, in accordance with the regulations, confirming that the processes followed and assessments made in relation to the member and his or her underperformance conformed to the requirements of this section and were reasonable in the circumstances.
47—Power to transfer
	(1)	The Commissioner may, without conducting selection processes, transfer a member of S.A. Police from the member's current position to another position (and such transfer may be for an indefinite period or for a specified term).
	(2)	Except as authorised under the regulations, a member may not be transferred to a position of a higher rank.
	(3)	Except as authorised under this Act or the regulations or with the member's consent, a member may not be transferred to a position of a lower rank.
	(4)	A member of S.A. Police aggrieved by a transfer of that member under this section may apply to have his or her grievance dealt with in accordance with a process specified in the regulations.

Part 8—Review of certain termination, transfer and promotion decisions
Division 1—Termination reviews
48—Right of review
	(1)	A member of S.A. Police or former member may apply to the police review tribunal for a review of a decision to terminate the member's appointment—
	(a)	during a period of probation; or
	(b)	on a ground for termination under Part 7.
	(2)	An application for review of the decision must be made to the Secretary to the Tribunal within the period and in the manner prescribed by regulation.
	(3)	The Tribunal may in an appropriate case dispense with the requirement that the application be made within the prescribed period.
49—Determination of application
On an application for a review of a decision under this Division, the Police Review Tribunal may do one or more of the following:
	(a)	confirm the decision;
	(b)	quash the decision;
	(c)	remit the matter to the Commissioner for reconsideration;
	(d)	make recommendations for settlement of the matter.
50—Reasons for decision
The Police Review Tribunal must, at the request of the applicant before the Tribunal or the Commissioner made within seven days after the Tribunal has made a decision on a review under this Division, give reasons in writing for the decision.
51—Appeal from decision of Tribunal
	(1)	Following a decision by the Tribunal under this Division, the applicant before the Tribunal or the Commissioner may appeal to the Court against the decision.
	(2)	An appeal under this section must be instituted within one month of the making of the Tribunal's decision.
	(4)	No further appeal lies against a decision of the Court made on an appeal under this section.
	(5)	In this section—
Court means the Administrative and Disciplinary Division of the District Court.

Division 2—Transfer reviews
52—Review of certain transfers
	(1)	If—
	(a)	a decision is made to transfer a member of S.A. Police to another position (other than under Part 6 or section 46); and
	(b)	the member believes that he or she is being punished for particular conduct,
the member may apply to the Police Review Tribunal for a review of the decision.
	(2)	An application for review of the decision must be made to the Secretary to the Tribunal within the period and in the manner prescribed by regulation.
	(3)	The Tribunal may in an appropriate case dispense with the requirement that the application be made within the prescribed period.
	(4)	If, on an application for review of a decision under this Division, the Tribunal is satisfied that the transfer is in the nature of a punishment, the Tribunal may do one or more of the following:
	(a)	quash the decision;
	(b)	remit the matter to the Commissioner for reconsideration;
	(c)	make recommendations for settlement of the matter.

Division 3—Promotion reviews
53—Interpretation and application
	(1)	In this Division—
prescribed promotional position means a position in S.A. Police of or above the rank of senior constable but not above the rank of inspector.
	(2)	Nothing in this Division applies in relation to a transfer under this Act from one position in S.A. Police to another.
54—Processes for appointment or nomination for prescribed promotional positions
An appointment to a prescribed promotional position may not be made unless selection processes have been conducted in accordance with the regulations for the purpose of filling the position.
55—Right of review
	(1)	If a member of S.A. Police is selected for appointment to a prescribed promotional position, the Commissioner must give notice of the selection decision in the Police Gazette.
	(2)	Subject to subsection (3), when such a notice is given, a member of S.A. Police who was an unsuccessful applicant and is eligible for appointment to the position may apply to the Police Review Tribunal for a review of the selection decision.
	(3)	A member may not make an application under subsection (2) unless the person has first made application to have his or her grievance in respect of the selection decision dealt with in accordance with a process specified in the regulations and that process has been completed.
	(4)	An application to the Tribunal for review of the decision must be made to the Secretary to the Tribunal within the period and in the manner prescribed by regulation.
	(5)	The Tribunal may in an appropriate case dispense with the requirement that the application be made within the prescribed period.
56—Grounds for application for review
	(1)	An application for a review of a selection decision under this Division may only be made on one or more of the following grounds:
	(a)	that the member selected is not eligible for appointment to the position; or
	(b)	that the applicant for the review should have been selected based on a proper assessment of the respective merits of the applicants; or
	(c)	that the selection processes leading to the decision were affected by nepotism or patronage or were otherwise not properly based on assessment of the respective merits of the applicants; or
	(d)	that there was some other serious irregularity in the selection processes.
	(2)	In proceedings on an application for a review of a selection decision under this Division—
	(a)	no evidence may be given or submissions made as to the qualifications or merits of an applicant for the position other than by a party to the proceedings or representative of a party to the proceedings; and
	(b)	no documentary material may be produced as evidence of the qualifications or merits of an applicant for the position other than material that was made available to the panel of persons who made the selection decision.
57—Determination of application
	(1)	On an application for a review of a selection decision under this Division, the Police Review Tribunal may do one or more of the following:
	(a)	confirm the decision;
	(b)	quash the decision;
	(c)	order that the applicant for the review be appointed to the position;
	(d)	order that the selection processes be recommenced from the beginning or some other later stage specified by the Tribunal.
	(2)	The Tribunal must hear and determine an application for a review of a selection decision under this Division within the period prescribed by regulation.
58—Determination of question of eligibility for appointment
For the purposes of this Division—
	(a)	a person is not eligible for appointment to a prescribed promotional position if the person does not have qualifications determined by the Commissioner to be essential in respect of the position; and
	(b)	a determination by the Commissioner that specific qualifications, experience or other attributes are essential or desirable for appointment to a prescribed promotional position is binding on the Police Review Tribunal.

Part 9—Special constables
59—Appointment of special constables
The Commissioner may, by instrument in writing, appoint a person to be a special constable either for the whole State or for a part of the State specified in the instrument of appointment.
60—Oath or affirmation by special constables
A person's appointment as a special constable is rendered void if he or she does not on appointment make an oath or affirmation in the form prescribed by regulation.
61—Duties and powers of special constables
	(1)	A special constable—
	(a)	has any duties imposed by the Commissioner; and
	(b)	has, while holding appointment as a special constable, the same powers, responsibilities and immunities as a member of S.A. Police subject to any limitation imposed by the Commissioner.
	(2)	The Commissioner—
	(a)	may impose a limitation on the powers, responsibilities or immunities of a special constable by—
	(i)	the instrument of appointment of the special constable; or
	(ii)	by notice in writing to the special constable; and
	(b)	may vary or revoke such a limitation by notice in writing to the special constable.
62—Suspension or termination of appointment of special constables
The Commissioner may, at the Commissioner's discretion, suspend or terminate the appointment of a special constable.
63—Allowances and equipment for special constables
The Commissioner may—
	(a)	pay such reasonable remuneration and allowances as the Commissioner thinks proper to a special constable or person who has been a special constable; and
	(b)	provide such clothing, arms, and equipment for a special constable as the Commissioner thinks necessary.

Part 10—Miscellaneous
64—Appointment and promotion procedures
Members of S.A. Police, police cadets and police medical officers must be appointed and promoted in accordance with the procedures prescribed by the regulations.
65—Protection from liability for members of S.A. Police
	(1)	A member of S.A. Police does not incur any civil liability for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of a power, function or duty conferred or imposed by or under this or another Act or any law.
	(2)	A liability that would, but for subsection (1), lie against a member of S.A. Police lies against the Crown.
66—Members subject to duty in or outside State
	(1)	A member of S.A. Police is, if so ordered by the Commissioner or by another member with requisite authority, liable to perform police duties in any place within or outside the State.
	(2)	A member of S.A. Police, while performing duties outside the State, is required to obey orders of other members of S.A. Police and is liable for breaches of the Code in the same way as if he or she were performing duties within the State.
67—Divestment or suspension of powers
	(1)	If a person ceases for any reason to be a member of S.A. Police, all powers and authorities vested in the person by or under this or another Act or any law as a member of S.A. Police or constable are divested from the person.
	(2)	If a person's appointment as a member of S.A. Police is suspended, all powers and authorities vested in the person by or under this or another Act or any law as a member of S.A. Police or constable are suspended for the period of the suspension.
	(3)	Unless the Commissioner otherwise authorises by instrument in writing, if a person who is a member of S.A. Police is seconded to a position outside S.A. Police, all powers and authorities vested in the person by or under this or another Act or any law as a member of S.A. Police or constable are suspended for the period of secondment.
68—Duty to deliver up equipment etc
	(1)	If a person's appointment is terminated or suspended under this Act, the person must immediately deliver up to the Commissioner, or to a person appointed by the Commissioner to receive property under this section, all property that belongs to the Crown and was supplied to the person for official purposes.
Maximum penalty: $2 500 or six months imprisonment.
	(2)	A justice may issue a warrant authorising the persons named or indicated in the warrant to search any place and seize any property which has not been delivered up as required by this section.
69—False statements in applications for appointment
	(1)	A person must not make a false statement in connection with an application for appointment under this Act.
Maximum penalty: $2 500 or six months imprisonment.
	(2)	In a prosecution for an offence against subsection (1), it is not necessary for the prosecution to prove that the false statement was made wilfully or negligently, but it is a defence to prove that the defendant believed on reasonable grounds that the statement was true.
	(3)	If a person who has contravened subsection (1) is appointed to S.A. Police or as a police cadet, the contravention will be taken to constitute a breach of the Code and may be dealt with as such—
	(a)	despite the fact that the person was not a member of S.A. Police or a police cadet at the time of the contravention; and
	(b)	whether or not the person is prosecuted for an offence against subsection (1).
70—Suspension or revocation of suspension under Act or regulations
	(1)	A power of the Commissioner under this Act or the regulations to suspend a person's appointment, or to order such a suspension, includes power to determine, subject to the regulations, that the period of suspension will—
	(a)	be without any remuneration and accrual of any rights; and
	(b)	not count as service.
	(2)	Despite subsection (1), remuneration may not be withheld under that subsection for more than three months.
	(3)	The Commissioner may at any time revoke the suspension under this Act or the regulations of a person's appointment.
	(4)	Subject to subsection (5), if, during a period of suspension under this Act or the regulations, the person resigns or retires or his or her appointment is terminated under Part 6—
	(a)	the person will not be entitled to any remuneration or accrual of any rights in respect of the period of suspension (and any remuneration paid to him or her in respect of the period will be recoverable); and
	(b)	the period of the suspension will not count as service.
	(5)	The Commissioner may, if the Commissioner considers it appropriate to do so in circumstances referred to in subsection (4) or otherwise, order—
	(a)	that a person is entitled to all or part of any remuneration or accrual of rights withheld in consequence of a suspension; and
	(b)	that all or part of the period of the suspension will count as service.
71—Evidence of appointment
	(1)	Common reputation that a person is a member of S.A. Police, or holds a particular position or rank in S.A. Police, is proof of that matter in the absence of evidence to the contrary.
	(2)	An apparently genuine document purporting to be signed by the Commissioner certifying that a specified person was at a specified time a member of S.A. Police, or the holder of a specified position or rank in S.A. Police, will be accepted as proof, in the absence of proof to the contrary, of the matter so certified.
72—Execution of process
	(1)	A member of S.A. Police must execute every process directed to the member for levying the amount of—
	(a)	any recognisance forfeited to the Crown;
	(b)	any fine lawfully imposed on a person.
	(2)	Any process, order, warrant or command of a court or justice directed, delivered or given to a member of S.A. Police may be executed and enforced by another member of S.A. Police or the member's assistants.
	(3)	The other member or assistant has all the rights, powers and authorities for and in the execution of that process, order, warrant or command as if named in the warrant as the person to whom it is directed.
73—Allowances
Members of S.A. Police and police cadets are entitled to receive allowances in respect of such matters and at such rates as are approved from time to time by the Commissioner.
74—Impersonating police and unlawful possession of police property
	(1)	A person who, without lawful excuse—
	(a)	wears what is or appears to be a police uniform; or
	(b)	represents himself or herself by word or conduct to be a police officer,
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for six months.
	(2)	A person who, without lawful excuse, has possession of a police uniform or police property is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for six months.
	(3)	This section does not prevent a person engaged in a theatrical performance or social entertainment from wearing what appears to be a police uniform in the course of, and for the purpose of, the performance or entertainment.
	(4)	In this section—
police officer means a member of S.A. Police or any other police service or force in Australia or any other country, and includes a police cadet;
police property means property supplied, or to be supplied, to a police officer for official purposes;
police uniform means all or part of the uniform of a police officer.
74A—Special provisions relating to criminal intelligence
	(1)	The Commissioner must establish guidelines in relation to the assessment of information that is being considered for classification as criminal intelligence and the management of criminal intelligence.
	(2)	The Commissioner must ensure that records are kept in relation to the use of criminal intelligence.
	(3)	The Commissioner must ensure that records referred to in subsection (2) would enable the following information to be determined for each period in relation to which a review is conducted under this section:
	(a)	the number of matters in relation to which criminal intelligence was used during the period;
	(b)	the number of individual pieces of criminal intelligence used in relation to each such matter;
	(c)	the relevant statutory provision for each such matter.
	(4)	The Attorney‑General must, before 1 July in each year (other than the calendar year in which this section comes into operation), appoint a retired judicial officer to conduct a review on—
	(a)	the effectiveness of the guidelines established under subsection (1); and
	(b)	the use of criminal intelligence,
during the period of 12 months preceding that 1 July.
	(5)	The Commissioner must ensure that a person appointed to conduct a review is provided with such information as he or she may require for the purpose of conducting the review.
	(6)	A person conducting a review has, in so doing, the powers of a commission of inquiry under the Royal Commissions Act 1917 (and any obligations under an Act to maintain the confidentiality of information do not apply with respect to the provision of such information to the person conducting the review).
	(7)	A person conducting a review must maintain the confidentiality of criminal intelligence provided to the person.
	(8)	A report on a review must be presented to the Attorney‑General on or before 30 September in each year.
	(9)	The Attorney‑General must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.
	(10)	In this section—
criminal intelligence means information classified by the Commissioner, in accordance with the provisions of any other Act, as criminal intelligence;
judicial officer means a person appointed as a judge of the Supreme Court or the District Court or a person appointed as judge of another State or Territory or of the Commonwealth.
75—Annual reports by Commissioner
	(1)	The Commissioner must, on or before 30 September in each year, deliver to the Minister a report on S.A. Police and its operations during the period of 12 months that ended on the preceding 30 June.
	(2)	The Commissioner must include in the report any information required under the regulations or by the Minister.
	(3)	The Minister must cause a copy of the report to be laid before each House of Parliament within 12 sitting days after his or her receipt of the report.
76—Regulations
	(1)	The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.
	(2)	A regulation—
	(a)	may be of general or limited application and may vary in operation according to factors stated in the regulation; and
	(b)	may leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or the Commissioner, either generally or in a particular case or class of cases; and
	(c)	may impose a penalty not exceeding $1 250 for contravention of, or non-compliance with, the regulation.

Schedule 1—Police Review Tribunal
1—Constitution of Tribunal
	(1)	The Police Review Tribunal is established.
	(2)	The Chief Magistrate of the Magistrates Court will, on the commencement of any proceedings under Divisions 1 or 2 of Part 8, select a Magistrate to constitute the Tribunal for the purpose of those proceedings.
	(3)	The Tribunal will, for the purposes of proceedings under Division 3 of Part 8, consist of a person appointed by the Minister under subclause (4) or, if that person is unable to act, a person appointed as a deputy under subclause (5).
	(4)	The Minister may appoint a person to the Tribunal for a term of three years and on conditions determined by the Minister.
	(5)	The Minister may appoint a deputy of a person appointed to the Tribunal under subclause (4).
	(6)	The appointment of a deputy will be for a term of three years and on conditions determined by the Minister.
	(7)	A person appointed under subclause (4) or (5)—
	(a)	will be eligible for reappointment at the end of a term of office;
	(b)	may resign by written notice addressed to the Minister;
	(c)	may be removed from office by the Minister on the ground of misconduct, neglect of duty, incompetence, or physical or mental incapacity to carry out official duties.
2—Secretary to Tribunal
The Minister will appoint a Secretary to the Tribunal.
3—Proceedings before Tribunal
	(1)	The Tribunal must in relation to any proceedings before the Tribunal give the Commissioner and the applicant (the parties to the proceedings) 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)	Subject to subclause (3), a party to proceedings before the Tribunal is entitled to appear personally, or by representative, in the proceedings.
	(3)	A party is not entitled to be represented by a legal practitioner in proceedings under Division 3 of Part 8.
	(4)	If a party to whom notice has been given under subclause (1) does not attend at the time and place fixed by the notice, the Tribunal may proceed in the absence of the party.
	(5)	In its proceedings under this Act, the Tribunal—
	(a)	will act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and
	(b)	is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks fit.
	(6)	The Tribunal must keep a record of any evidence taken during proceedings.
	(7)	The Tribunal may decline to hear or determine proceedings that appear to be trivial, frivolous or vexatious.
4—Powers of Tribunal
	(1)	The Tribunal may, for the purposes of its proceedings—
	(a)	by summons signed by the Tribunal or the Secretary to the Tribunal, require the attendance before the Tribunal of any person; and
	(b)	by summons signed by the Tribunal or the Secretary to the Tribunal, require the production of any document, object or material; and
	(c)	require a person to make an oath or affirmation truly to answer all questions put by the Tribunal or a person appearing before the Tribunal; and
	(d)	require a person appearing before the Tribunal to answer any relevant questions put by the Tribunal or a person appearing before the Tribunal.
	(2)	Subject to subclause (3), if a person—
	(a)	who has been served with a summons to attend before the Tribunal fails without reasonable excuse to attend in obedience to the summons; or
	(b)	who has been served with a summons to produce any document, object or material fails without reasonable excuse to comply with the summons; or
	(c)	misbehaves 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 a relevant question, when required to do so by the Tribunal,
the person is guilty of an offence and liable to a penalty not exceeding $2 500.
	(3)	A person is not obliged to answer a question under this clause if the answer to the question would tend to incriminate the person of an offence, or to produce any document, object or material if it or its contents would tend to incriminate the person of an offence.
5—Practice and procedure
Subject to this Act and the regulations, the practice and procedure of the Tribunal are to be as determined by the Tribunal.

Schedule 2—Transitional provisions
2—Transitional provisions
	(1)	Subject to this clause, a person holding a position or employed under the repealed Act immediately before the commencement of this Act continues, subject to this Act, in the position or employment as if appointed under the corresponding provision of this Act.
	(2)	For the purposes of subclause (1), a police aide is to be taken to continue as a community constable.
	(3)	Sections 16, 17 and 18 do not apply to the holder of a position of Assistant Commissioner appointed to the position before the commencement of the Police (Contract Appointments) Amendment Act 1996 (19 December 1996) and instead the provisions of this Act relating to conditions of appointment, performance standards and termination of appointment (including subclause (4)) apply to the holder of such a position in the same way as to an officer below the rank of Assistant Commissioner.
	(4)	The provisions of Part 4 relating to performance standards apply to an officer below the rank of Assistant Commissioner appointed to his or her position before the commencement of this Act as well as to a person appointed to a position as an officer after that commencement.
	(5)	General and special orders given by the Commissioner and in force under the repealed Act immediately before the commencement of this Act continue in force subject to this Act as if given under Part 2 of this Act.
	(6)	A direction, determination, limitation, delegation or decision of any kind given, imposed or made by the Commissioner and in force under the repealed Act immediately before the commencement of this Act continues in force subject to this Act as if given, imposed or made under the corresponding provision of this Act.
	(7)	A reference in another Act or in an instrument (whether of a legislative nature or not) to a police aide is to be read as a reference to a community constable.
	(8)	The Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Schedule, to the repeal effected by this Schedule.
	(9)	In this clause—
repealed Act means the Police Act 1952 repealed by this Schedule.

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	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.
Legislation repealed by principal Act
The Police Act 1998 repealed the following:
Police Act 1952
Legislation amended by principal Act
The Police Act 1998 amended the following:
Acts Interpretation Act 1915
Police Superannuation Act 1990
Principal Act and amendments
New entries appear in bold.
Year	No	Title	Assent	Commencement	
1998	55	Police Act 1998	3.9.1998	1.7.1999 (Gazette 30.6.1999 p3310)	
2000	4	District Court (Administrative and Disciplinary Division) Amendment Act 2000	20.4.2000	Sch 1 (cl 31)—1.6.2000 (Gazette 18.5.2000 p2554)	
2004	51	Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004	16.12.2004	Pt 3 (s 9)—13.1.2005 (Gazette 13.1.2005 p69)	
2012	19	Statutes Amendment (Criminal Intelligence) Act 2012	24.5.2012	Pt 6 (s 10)—12.7.2012 (Gazette 12.7.2012 p3110)	
2012	52	Independent Commissioner Against Corruption Act 2012	6.12.2012	Sch 3 (cll 60—62)—uncommenced	
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Long title	amended under Legislation Revision and Publication Act 2002	13.1.2005	
Pt 1			
s 2	omitted under Legislation Revision and Publication Act 2002	13.1.2005	
Pt 7			
s 45			
s 45(2)	substituted by 51/2004 s 9	13.1.2005	
Pt 8			
s 51			
s 51(2)	amended by 4/2000 s 9(1) (Sch 1 cl 31(a))	1.6.2000	
s 51(3)	deleted by 4/2000 s 9(1) (Sch 1 cl 31(b))	1.6.2000	
Pt 10			
s 74A	inserted by 19/2012 s 10	12.7.2012	
Sch 2			
cl 1	omitted under Legislation Revision and Publication Act 2002	13.1.2005	
Sch 3	omitted under Legislation Revision and Publication Act 2002	13.1.2005	
Historical versions
Reprint No 1—1.6.2000		
13.1.2005