Police Act 1998

This Act may be cited as the Police

Act 1998.

In this Act—

Assistant Commissioner means awn Assistant

Commissioner of Police appointed under

Part

3;

Code means—

in relation to police security officers—the code of conduct for the maintenance of professional standards by police security officers established under the Police Complaints and Discipline Act 2016, as in force from time to time;

or

in any other case—the code of conduct for the maintenance of professional standards by designated officers established under the

Police Complaints and Discipline

Act 2016, as in force from time to time;

Commissioner means the Commissioner of Police appointed under Part

3;

community constable means a person appointed under Part

4 to be a community constable, and community police means community constables as a group;

Deputy Commissioner means the Deputy

Commissioner of Police appointed under

Part

3;

member of SA Police means the Commissioner, the

Deputy Commissioner or an Assistant Commissioner or any person appointed under

Part

4, but does not include a police cadet, police medical officer, special constable or police security officer;

merit, in relation to selection processes for filling positions, means—

the extent to which each of the applicants has a record of good conduct and integrity; and

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

the manner in which each of the applicants carried out any previous employment or occupational duties or functions;

officer means a member of SA Police of or above the rank of inspector;

police cadet means a person appointed under

Part

5 to be a police cadet;

Police Review Tribunal means the Police Review

Tribunal established under

Schedule 1;

police security officer means a person appointed under Part

9A as a police security officer;

SAET means the South Australian Employment

Tribunal established under the South

Australian Employment Tribunal Act 2014;

South Australia Police or SA

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.

South Australia Police (in this Act referred to as

SA Police) consists of—

the Commissioner of Police; and

the Deputy Commissioner of Police; and

the Assistant Commissioners of Police; and

the other officers and members (including community constables) appointed under Part

4.

The purpose of SA Police is to reassure and protect the community in relation to crime and disorder by the provision of services to—

uphold the law; and

preserve the peace; and

prevent crime; and

assist the public in emergency situations; and

co-ordinate and manage responses to emergencies; and

regulate road use and prevent vehicle collisions.

Subject to this Act and any written directions of the Minister, the

Commissioner is responsible for the control and management of SA

Police.

No Ministerial direction may be given to the Commissioner in relation to the appointment, transfer, remuneration, discipline or termination of a particular person.

The Minister must cause a copy of any direction given to the

Commissioner to be—

published in the Gazette within eight days of the date of the direction; and

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.

The Commissioner is also responsible for the control and management of the police cadets, police medical officers and police security officers.

The Commissioner must ensure that management practices are followed with respect to SA Police, police cadets, police medical officers and police security officers that are directed towards—

effective, responsive and efficient delivery of services;

and

maintenance of structures, systems and processes that are not excessively formal and can adapt quickly to changing demands; and

development, encouragement and full utilisation of the abilities of all personnel through ongoing training and education and appropriate remuneration; and

effective, prudent and fully accountable management of resources;

and

continuous improvement in the delivery of services.

With respect to personnel management, the Commissioner must ensure that practices are followed under which—

selection processes for filling positions are based on a proper assessment of merit; and

employees are treated fairly and consistently and are not subjected to arbitrary or capricious administrative decisions; and

there is no unlawful discrimination against employees or persons seeking to become employees; and

the diversity of personnel is used to advantage; and

equal opportunities for promotion and advancement are afforded to all employees; and

employees are afforded reasonable avenues of redress against improper or unreasonable administrative decisions; and

working conditions are kept safe and healthy; and

there is no nepotism or patronage.

The Commissioner may make or give general or special orders, not inconsistent with this Act, for the control and management of SA Police, police cadets, police medical officers and police security officers.

The orders may make provision concerning—

the various duties to be performed; and

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

the requirements or qualifications for appointment or promotion;

and

other matters that the Commissioner considers relevant to the control and management of SA Police, police cadets, police medical officers and police security officers.

The general or special orders of the Commissioner—

may be varied or revoked by the Commissioner; and

will not be taken to be a form of subordinate legislation to which the Subordinate Legislation Act 1978 applies.

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.

The Governor may appoint a person to be the Commissioner of

Police.

The conditions of appointment of the Commissioner are to be subject to a contract between the Commissioner and the

Premier.

The contract must specify—

that the Commissioner is appointed for a term not exceeding five years specified in the contract and is eligible for reappointment;

and

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

that the Commissioner is entitled to remuneration and other benefits specified in the contract; and

the sums representing the values of the benefits (other than remuneration); and

the total remuneration package value under the contract.

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.

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.

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.

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.