POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) ACT, 1985

Transcription

1 183 POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) ACT, of SUMMARY OF PROVISIONS PART I PRELIMINAR Y Section 1. Sht title 2. Commencement 3. Interpretation 4. Act not to derogate from other law PART II POLICE COMPLAINTS AUTHORITY 5. Appointment of Police Complaints Authity 6. Authity not to engage in other remunerative employment 7. Term of office 8. Removal from office 9. Public Service Act not to apply 10. Officers of Authity 11. Acting Authity 12. Protection f Authity and persons acting under his direction PART III POLICE INTERNAL INVESTIGATION BRANCH 13. Constitution of internal investigation branch of police fce 14. Officer in charge entitled to rept directly to Commissioner 15. Duties of members serving in internal investigation branch PART IV COMPLAINTS AND THEIR INVESTIGATION 16. Complaints to which this Act applies 17. Right of persons detained in custody to make complaint to Authity 18. Action upon complaint being made to member of police fce 19. Action upon complaint being made to Authity 20. Authity to notify complainant of receipt of complaint 21. Determination by Authity that investigation not warranted 22. Conciliation 23. Determination that complaint be investigated by Authity 24. Effect of certain determinations of Authity 25. Investigation of complaints by internal investigation branch 26. Powers of Authity to oversee investigations by internal investigation branch 27. Register to be "kept.by internal investigation branch 28. Investigation of complaints by Authity 29. Register to be kept by Authity 30. Authity to respond to inquiries by complainants

2 184 Police (Complaints and Disciplinary Proceedings) Ad, PART V ACTION CONSEQUENTIAL ON INVESTlGA TION 31. Repts of investigations by internal investigation branch to be furnished to Authity 32. Authity to make assessment and recommendations in relation to investigations by internal investigation branch 33. Authity to rept upon and make assessment and recommendations in relation to investigation carried out by him 34. Recommendations of Authity and consequential action by Commissioner 35. Commissioner to notify Authity of laying of charges other action consequential upon investigation 36. Particulars in relation to complaint to be entered in register and furnished to complainant and member of police fce concerned PART VI POLICE DISCIPLINARY TRIBUNAL 37. Constitution of Police Disciplinary Tribunal 38. Registrar of Tribunal 39. Charges in respect of breach of discipline 40. Proceedings befe the Tribunal 4 I. Powers of the Tribunal 42. Protection of Tribunal, counsel and witnesses 43. Case stated 44. Costs 45. Reasons f decision PART VII APPEALS IN RESPECT OF DISCIPLINE 46. Appeal against decision of Tribunal punishment f breach of discipline PART VIII MISCELLANEOUS 47. Application to Supreme Court as to powers and duties under Act 48. Secrecy 49. Offences in relation to complaints 50. Authity may revoke vary determination 51. Authity and Commissioner may rept to Minister 52. Annual and special repts to Parliament by Authity 53. Minister to review and rept to Parliament upon operation of Act 54. Summary proceedings 55. R.esulations.

3 185 ANNO TRICESIMO QUARTO ELIZABETHAE 11 REGINAE A.D. ********************************************************* of An Act to provide f the investigation of complaints made in respect of members of the police fce; to provide f the appointment of a Police Complaints Authity and to prescribe his duties and functions; to make provision in relation to police disciplinary proceedings; and f other purposes. [Assented to 28 March ] BE IT ENACTED by the Govern of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: PART I PRELIMINARY 1. This Act may be cited as the "Police (Complaints and Disciplinary Sht tide. Proceedings) Act, ". 2. (1) This Act shall come into operation on a day to be fixed by Commencement. proclamation. (2) The Govern may, in a proclamation fixing a day f this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, a day to be fixed by subsequent proclamation. 3. In this Act, unless the contrary intention appears- Interpretation. "the Authity" means the person appointed to be the Police Complaints Authity under Part 11 a person acting in the office of Police Complaints Authity in pursuance of that Part: breach of discipline" means breach of the Police Regulation Act, 1952, f which there is liability to punishment by the Commissioner pursuant to that Act: the Commissioner" means the Commissioner of Police and inc1udes-

4 186 Police (Complaints and Disciplinary Proceedings) Act, (a) the Deputy Commissioner of Police acting subject to the direction of the Commissioner~. (h) the Deputy Commissioner an Assistant Commissioner of Police acting in the place of the Commissioner during a period f which the Commissioner is absent the office of the Commissioner is vacant: "conduct" of a member of the police fce means- (a) an act decision of a member of the police fce; (h) failure refusal by a member of the police fce to act make a decision, in the exercise, perfmance discharge, purpted exercise, perfmance discharge, whether within outside the State, of a power, function duty that he has as, by virtue of being, a member of the police fce: "the internal investigation branch" means the branch of the police fce established in pursuance of Part Ill: "member" "member of the police fce" means a person who is a member of the police fce within the meaning of the Police Regulation Act, 1952, and includes- (a) a person appointed to be a police cadet a special constable under that Act; (h) an officer person employed in perfming duties functions in the department of the public service of which the Commissioner is permanent head under the Public Service Act, 1967: "prescribed officer employee" means- (a) a person appointed to be a special constable under the Police Regulation Act, 1952; (h) an officer employee referred to in paragraph (b) of the definition of "member": "the Tribunal" means the Police Disciplinary Tribunal established under Part V. Aa not 10 ~:w~rom 4. The provisions of this Act are in addition to and do not derogate from the provisions of any other law. Appointment of ~~I::Ji~PlainIS PART 11 POLICE COMPLAINTS AUTHORITY 5. (1) Subject to this Act, the Govern may appoint a person to be the Police Complaints Authity. (2) A person shall not be appointed to be the Authity unless he is enrolled as a barrister solicit, both, legal practitioner, of the High

5 Police (Complaints and Disciplinary Proceedings) Act, Court the Supreme Court of this State another State Territy of the Commonwealth and has been so enrolled f not less than five years. (3) The Authity shall be appointed upon such terms and conditions and shall be entitled to receive such salary and allowances as may be from time to time determined by the Govern. (4) A rate of salary determined to be payable to the Authity shall not be reduced during his term of office. (5) The salary and allowances payable to the Authity under this section shall be paid out of the General Revenue of the State which IS appropriated by this section to the necessary extent The Authity shall not, without the consent of the Minister, engage in any remunerative employment undertaking outside the duties of his office. Authity not to engage in other remunerative employment. 7. (1) The Authity shall be appointed Term of office. (a) f a term of office of seven years~ (b) if that period would extend beyond the date on which he will attain the age of sixty-five years-f a term of office expiring on the day on which he attains the age of sixty-five years. (2) Subject to this Act, a person appointed to be the Authity may, upon the expiration of his term of office, be reappointed to the office. (3) A person who has attained the age of sixty-five years shall not be appointed reappointed to the office of the Authity. 8. (1) The Govern may remove the Authity from office upon the presentation of an address from both Houses of Parliament praying f his removal. (2) The Govern may suspend the Authity from office on the grounds of incompetence misbehaviour. (3) Where the Authity is suspended from office under subsection (2), the suspension shall cease to have effect- (a) if a full statement of the reasons f the suspension is not laid befe both Houses of Parliament within seven sitting days of Parliament after the suspension~ (b) upon the expiration of one month from the date on which a statement is laid befe both Houses of Parliament pursuant to paragraph (a), unless an address is presented to the Govern by both Houses of Parliament praying f the removal of the Authity. (4) The office of the Authity shall become vacant if (a) he dies~ (b) he resigns by written notice addressed to the Govern, his term of office expires; (e) he is removed from office under subsection (1); Removal from office.

6 188 Police (Complaints and Disciplinary Proceedings) Act, (d) he is declared bankrupt; (e) he is imprisoned convicted of an offence punishable by imprisonment f a term of six months me; (f) he becomes a member of Parliament of the State, the Commonwealth another State Territy of the Commonwealth; (g) he is removed from office by the Govern on the ground of mental physical incapacity to carry out satisfactily the duties of his office. (5) Except as provided by this section, the Authity shall not be removed suspended from office n shall his office become vacant. Public Scrvi<:e ACI noi 10 apply. Office... of AUlhilY AClingAulhily. 9. The provisions of the Public Service Act, 1967, shall not apply to in relation to the office of the Authity. 10. (1) The Govern may, subject to and in accdance with the Public Service Act, 1967, appoint such officers as he considers necessary expedient f the purposes of this Act and an officer so appointed shall hold office subject to and in accdance with that Act. (2) The Minister may, by notice published in the Gazette, determine (a) that specified provisions of the Public Service Act, 1967, and the regulations under that Act shall not apply to in relation to an officer appointed under subsection (1); and (b) that provisions contained, referred to, in the notice shall apply to and in relation to the officer instead of those provisions, and the notice shall have effect accding to its terms. (3) The Minister may, by notice published in the Gazette, vary revoke a notice under subsection (2). (4) The Authity may. with the approval of the Minister, appoint, upon terms and conditions from time to time determined by the Govern, such officers and employees as he considers necessary expedient f the purposes of this Act, and the Public Service Act, 1967, shall not apply to in relation to persons so appointed. (5) The Authity may, with the approval of the Minister administering a department of the public service of the State, upon terms mutually arranged, make use of the services of an officer use any facilities of the department. 11. (1) The Govern may appoint a suitable person to act in the office of the Authity during any period f which the office is vacant the Authity is absent f any reason. (2) A person shall be appointed under subsection (1) upon such terms and conditions and shall be entitled to receive such salary and allowances as may be from time to time determined by the Govern. (3) The salary and allowances payable to a person appointed under subsection (1) shall be paid out of the General Revenue of the State which is appropriated by this section to the necessary extent.

7 Police (Complaints and Disciplinary Proceedings) Act, No liability shall attach to the Authity any person acting under Protection f his direction authity f an act omission in good faith and in the =~~t!;ir::. rfi d' h d' rfi under his exercise, pe mance ISC arge, purpte exercise, pe mance direction. discharge, of a power, function duty under this Act. PART III POLICE INTERNAL INVESTIGATION BRANCH 13. (1) The Commissioner shall constitute within the police fce a Constitution of separate branch to carry out investigations under this Act in relation to l~~~tion complaints about the conduct of members of the police fce. ~~~h of police (2) In addition to carrying out investigations referred to in subsection (1), the internal investigation branch may carry out such other investigations in relation to the conduct of members of the police fce as may be required by the Commissioner. 14. The officer in charge of the internal investigation branch shall be Officer in charge entitled to rept directly to the Commissioner upon any matter relating to ~?~~:~ repon the branch the perfmance of its functions. CommIssIoner. 15. Where a member serving in the internal investigation branch is able Duties of to do so without unduly interfering with the perfmance by the branch of :::ei':.':=aj servina its functions, the member may be directed by the Commissioner to perfm ~.;~:,:tion duties not related to investigations into the conduct of members of the police fce (not being duties involving the investigation of offences alleged to have been committed by persons other than members of the police fce), PART IV COMPLAINTS AND THEIR INVESTIGATION 16. (l) A complaint about the conduct of a member of the police fce may be made- (a) to a member of the police fce (not being the member about whose conduct the complaint is made); (b) to the Authity. (2) Where a person makes a complaint to a member of the police fce about the conduct of that member, that member shall, as soon as reasonably practicable, advise the person that, in der f the complaint to be one to which this Act applies, the complaint must be made- (a) to some other member of the police fce; (b) to the Authity. (3) A complaint made to the Authity must, if the Authity so requires,.be reduced to writing. (4) This Act applies to a complaint made under this section- Complaints 10 which this Act applies.

8 190 Right of persons detained in custody to make complaint 10 Authity. Police (Complaints and Disciplinary Proceedings) Act,. (a) whether not the member of the police fce about whose conduct the complaint is made is identified by the complainant; (b) whether not the identity of the complainant is known by disclosed to the member of the police fce to whom the complaint is made the Authity, as the case may be; (c) whether the complaint is made by a person on his own behalf on behalf of some other person; (d) whether the person by whom on whose behalf the complaint is made is a natural person a body cpate. (5) This Act does not apply to a complaint- (a) made to a member of the police fce by on behalf of another member of the police fce; (b) made about conduct that occurred befe the commencement of this section; (c) made by on behalf of a member members of the police fce in relation to the employment terms conditions of employment of the member members. 17. (I) Where a person detained in custody wishes to make a complaint to the Authity about the conduct of a member of the police fce, any person perfming duties in connection with the detention of the person shall- (a) at the request of the person, provide him with facilities to enable him to prepare the complaint and to enclose and seal it in an envelope; and (b) upon receiving the sealed envelope from the person f delivery to the Authity- (i) ensure that the sealed envelope is plainly addressed to the Authity and marked as being confidential; and (ii) cause the sealed envelope to be delivered to the Authity without undue delay. (2) A request referred to in subsection (1.)-. (a) must be made to a person other than the member of the police fce about whose conduct the complaint is to be made; and (b) shall be complied with as soon as reasonably practicable (but without there being any obligation to interrupt the carrying out of any other lawful procedure function). (3) Where a request referred to in subsection (1) is made to the member of the police fce about whose conduct the complaint is to be made, the member shall, as soon as reasonably practicable, advise the person of the requirement that the request be made to some other person who is perfming duties in connection with the person's detention.

9 Police (Complaints and Disciplinary Proceedings) Act, 191 (4) Where a person receives a sealed envelope f delivery to the Authity under subsection (1), no person other than the Authity a person acting with the authity of the Authity shall open the envelope inspect its contents. Penalty: One thousand dollars. (5) It shall 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. (1) Where a complaint to which this Act applies is made to a Action upon member of the police fce, the member shall, in accdance with any c,:::d~i~~n~':'~'!!r directions of the Commissioner- of police fce. (a) refer the complaint, by the most expeditious means available to him, to the internal investigation branch f investigation; (b) refer the complainant to a member of the police fce authized to receive the complaint. (2) Where a complaint is made to a member of the police fce to whom the complainant has been referred under subsection (1) (b), that member shall refer the complaint, by the most expeditious means available to him, to the internal investigation branch' f investigation. (3) Where a complaint is referred to the internal investigation branch under this section, the Authity shall be notified, by writing, of the complaint and furnished with particulars of the complaint. (4) Notwithstanding the other provisions of this section, where a complaint made to a member of the police fce concerns the conduct of a prescribed officer employee, the complaint shall not be referred to the internal investigation branch but shall, in accdance with any directions of the Commissioner, be referred to the Authity. (5) Where a complaint is referred to the Authity pursuant to subsection (4), the provisions of this Act shall apply in relation to the complaint as if it were a complaint made to the Authity. 19. (1) Where a complaint to which this Act applies is made to the Authity, the Authity shail- (a) notify the Commissioner, by writing, of the complaint and furnish him with particulars of the complaint; and (b) subject to any determination under section 21, 22 23, refer the complaint to the Commissioner. (2) Where a complaint is referred to the Commissioner under subsection (1) (b), the Commissioner shall refer the complaint to the internal investigation branch f investigation. 20. The Authity shall, unless the identity of the complainant is not known, acknowledge, by writing, each complaint made to the Authity and each complaint of which he is notified under section (1) The Authity may, in his discretion, determine that a complaint to which this Act applies (whether being a complaint made to the Authity Action upon complaint being made to Authity. Authity to notify complainant of receipt of complaint. Determination by Authity that investigation not warranted.

10 192 Police (Complaints and Disciplinary Proceedings) Act, a complaint of which the Authity has been notified under section 18) should not be investigated further investigated under this Act- (a) if he is satisfied that the complaint was made me than six months after the complainant person on whose behalf the complaint was made became aware of the conduct complained of and that there are no special reasons justifying the investigation further investigation of the complaint; (b) if in his opinion- (i) the complaint is trivial, frivolous vexatious was not made in good faith; (ii) the complainant person on whose behalf the complaint was made does not have a sufficient interest in the matter raised in the complaint, and there are no special reasons justifying the investigation further investigation of the complaint; (e) if the complaint was made without disclosure of the identity of the complainant and there are not, in the opinion of the Authity, any special reasons justifying investigation of the complaint; (d) if a person has been charged with an offence breach of discipline in relation to the conduct complained of; (e) if the complainant person on whose behalf the complaint was made has exercised a right of action has has exercised a right of appeal review in relation to the matter complained of and there are not, in the opinion of the Authity, any special reasons justifying the investigation further investigation of the complaint; (fj if, in his opinion, the investigation further investigation of the complaint is unnecessary unjustifiable having regard to all the circumstances of the case. (2) Where the Authity makes a determination under this section, he shall, by writing, notify the Commissioner and, unless the identity of the complainant is not known, the complainant of the determination and his reasons f making the determination. Conciliation. 22. (I) The Commissioner may in relation to a complaint to which this Act applies (being a complaint made to a member of the police fce), if he considers it appropriate to do so, attempt to resolve the matter by conciliation. (2) The Commissioner shall not attempt conciliation in relation to a complaint except with the agreement of the Authity. (3) The Authity may in relation to a complaint to which this Act applies (whether being a complaint made to the Authity a complaint of which the Authity has been notified under section 18), if he considers it appropriate to do so, attempt to resolve the matter by conciliation. (4) The Commissioner the Authity may, in attempting conciuation under this section, act personally through some other person.

11 Police (Complaints and Disciplinary Proceedings) Act, 193 (5) The Authity, befe attempting conciliation in relation to a complaint, shall notify the Commissioner of his intention to do so and may request that any investigation further investigation of the complaint be deferred pending the results of his action. (6) Where conciliation is to be attempted in relation to a complaint, the Commissioner may,, at the request of the Authity under subsection (5), shall, direct that any investigation further investigation of the complaint by members of the police fce be deferred pending the results of that action. (7) Where conciliation is attempted under this section by the Commissioner the Authity, the one shall rept to the other the results of his action. (8) The Authity may, if he is satisfied that the matter raised by a complaint has been properly resolved by conciliation undertaken by him by the Commissioner, determine that the complaint should not be investigated further investigated under this Act. (9) Where the Authity makes a determination under subsection (8), he shall, by writing, notify the Commissioner and, unless the identity of the complainant is not known, the complainant of the determination. (10) Where the Authity disagrees with an assessment of the Commissioner contained in a rept under subsection (7) that the matter raised by a complaint has been properly resolved by conciliation undertaken by the Commissioner, the Authity shall, by writing, notify the Commissioner of his disagreement and the reasons f his disagreement. 23. (1) Subject to subsection (2), the Authity may determine that a complaint to which this Act applies (whether being a complaint made to the Authity a complaint of which the Authity has been notified under section 18) should be investigated by him. (2) The Authity may make a determination under subsection (1) (a) after consultation with the Commissioner, in relation to any complaint that he is satisfied- (i) concerns conduct of a member of the police fce holding a rank equal to seni to the rank held by the officer in charge of the internal investigation branch; (ii) concerns conduct of a member of the police fce serving in the internal investigation branch; (iii) is in substance about the practices, procedures policies of the police fce; (iv) should f any other reason be investigated by the Authity; (b) in relation to any complaint that concerns conduct of a prescribed officer employee-if the Authity is of the opinion, having regard to the nature of the matters raised by the complaint in relation to the prescribed officer employee, that there are no special reasons justifying investigation of the complaint by the internal investigation branch; (e) as otherwise provided under this Act. Determination that complaint be investigated by Authity.

12 194 Police (Complaints and Disciplinary Proceedings) Act, (3) Where a determination is made under subsection (1), the Authity may, in addition, make one me of the following determinations: (a) a determination- (i) that the complaint~ (ii) that a matter matters raised by the complaint, should be investigated further investigated by the internal investigation branch in conjunction with the investigation to be carried out by him; (h) a determination- (i) that the complaint; (ii) that a matter matters raised by the complaint, should not be investigated further investigated by the internal investigation branch any member of the police fce acting under the direction of the Commissioner. (4) Where the Authity makes a determination under this section, he shall, by writing, notify the Commissioner of the determination. (5) Where- (a) a determination is made under this section in relation to a complaint; and (h) the internal investigation branch has commenced but not completed an investigation further investigation of the complaint, the officer in charge of the branch shall, as soon as is practicable, cause a rept, in writing, of the results of the investigation further investigation to be prepared and delivered to the Commissioner. (6) The Commissioner shall, as soon as practicable after his receipt of a rept under subsection (5), furnish a copy of the rept to the Authity and, when doing so, may attach to the rept such comments as he thinks fit to make in relation to the investigation further investigation. Effect of certain determinations of Authity. Investiption of complaints by internal invesliption branch. 24. Where the Authity has made- (a) a determination under section that a complaint should not be investigated further investigated under this Act~ (h) a determination under section 23 that a complaint should be investigated by him, the Commissioner may nevertheless, in his discretion, but subject to any determination under section 23 (3) (h), direct that the complaint, a matter matters raised by the complaint, be investigated further investigated, but, in that event, the provisions of this Act shall not apply to in relation to that investigation further investigation. 25. (1) Subject to any determination made by the Authity under section 21, 22 23, direction given by the Commissioner under section

13 Police (Complaints and Disciplinary Proceedings) Act, , each complaint that is referred to the internal investigation branch under this Act f investigation further investigation shall be investigated further investigated by that branch. (2) An investigation further investigation referred to in subsection (1) shall be conducted, subject to any directions of the Commissioner, in such manner as the officer in charge of the internal investigation branch thinks fit. (3) Subject to any directions of the Commissioner, a member of the internal investigation branch may, f the purposes of the investigation, obtain infmation from such persons, and make such inquiries, as he thinks fit. (4) Subsections (2) and (3) do not authize a member of the police fce to contravene fail to comply with a law that would, if those subsections had not been enacted, apply in relation to the investigation of a complaint referred to the internal investigation branch, but nothing in this subsection affects the operation of any other provision of this section. (5) A member of the internal investigation branch may, f the purposes of the investigation, direct a member of the police fce to furnish infmation, produce a document other recd answer a question, being infmation, a document recd a question that is relevant to the investigation. (6) F the purposes of the Police Regulation Act, 1952, a direction given by a member of the internal investigation branch under subsection (5) has effect as if it had been given by the Commissioner. (7) A member of the internal investigation branch shall, befe giving any direction under subsection (5) to the member about whose conduct the complaint was made, infm the member of the general nature of the complaint. (8) A member of the police fce who- (a) without reasonable excuse, refuses fails to furnish infmation, produce a document other recd answer a question when so required in pursuance of this section; (b) furnishes infmation makes a statement to a member of the internal investigation branch knowing that it is false misleading in a material particular, may be dealt with in accdance with the Police Regulation Act, 1952, f breach of discipline. (9) Where a member of the police fce is directed under subsection (5) to furnish infmation, produce a document recd answer a question, the member is not "excused from complying with the direction on the ground- " (a) that the furnishing of the infmation, the production of the document recd the answering of the question- (i) would be contrary to the public interest; (ii) would contravene the provisions of any other enactment;

14 196 Police (Complaints and Disciplinary Proceedings) Act, (b) that the infmation, the document recd the answer to the question might tend to show that he has committed a breach of discipline. (10) A member of the police fce may refuse to furnish infmation, produce a document recd answer a question if the infmation, the document recd the answer to the question might tend to incriminate him a close relative of his, but any such refusal may be dealt with in accdance with the Police Regulation Act, 1952, as a breach of discipline. (11) In subsection (10)- "close relative" of a member of the police fce means a spouse (including a putative spouse within the meaning of the Family Relationships Act, 1975), a parent a child of the member. (12) A member of the police fce who furnishes infmation, produces a document recd 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 internal investigation branch under this section. (13) The officer in charge of the internal investigation branch may, subject to any directions of the Commissioner, require a member of the police fce not serving in that branch to assist the branch in conducting investigations under this section to conduct investigations on behalf of the branch, and, in that event, the provisions of this section shall apply as if that member were a member of the internal investigation branch. (14) In this section- "member of the police fce" does not include a prescribed officer employee. Powers of Authity to oversee investiptions by internal iuvestiption branch. 26. (1) The Authity may, at any time after a complaint has been referred to the internal investigation branch f investigation further investigation under this Act- (a) discuss the complaint any aspect of the complaint with the complainant; (b) require the Commissioner, as approved by the Commissioner, the officer in charge any other member of the internal investigation branch- (i) to provide infmation to him about the progress of the investigation; (ii) to arrange f him to inspect any document recd in the possession under the control of the branch that is relevant to the complaint; (iii) to arrange f him to interview a person other than the complainant in relation to the complaint. (2) The Commissioner shall ensure that any requirement of the Authity made under subsection (1) (b) is complied with without any undue delay. (3) The Authity may, by writing, notify the Commissioner of any directions that he considers should be given by the Commissioner as to-

15 Police (Complaints and Disciplinary Proceedings) Act, 197 (a) the matters to be investigated; (b) the methods to be employed; (e) the use f investigative purposes of members not serving in the internal investigation branch; (d) any other matter thing, in relation to an investigation investigations by the internal investigation branch under this Act. (4) Where the Commissioner is notified by the Authity under subsection (3) of any directions that the Authity considers should be given by the Commissioner, the Commissioner shall- (a) give the directions accdingly; (b) if he does not agree that the directions should be given-notify the Authity, by writing, of his disagreement and the reasons f his disagreement. (5) Where the Authity is notified of disagreement by the Commissioner under subsection (4) (b), the Authity may, if he 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 by the Commissioner. (6) A determination of the Minister under subsection (5) that relates to complaints generally, to a class of complaints, shall not be binding on the Commissioner unless embodied in a direction of the Govern given under section 21 of the Police Regulation Act, (7) In this section- "directions" includes directions varying revoking directions previously given by the Commissioner whether under this section otherwise. 27. The officer in charge of the internal investigation branch shall Register to be maintain a register containing the prescribed particulars with respect to each ~:~!s~~::~~mal complaint referred to the branch f investigation further investigation branch. under this Act. 28. (1) Where the Authity has made a determination under section Investi~tion of 23 that a complaint should be investigated by him, the investigation shall ~u~:~~~:.s by be conducted in private and, subject to this section, in such manner as he thinks fit. (2) Whenever it becomes necessary desirable f the Authity to use persons with police training in connection with his investigation of a complaint, he may, and shall insofar as it is practicable to do so, use, in connection with that investigation- (a) a member of the police fce who is made available to him by the Commissioner f the purposes of the investigation; (b) a member of the police fce of the Commonwealth of another State a Territy of the Commonwealth whom that police

16 198 Police (Complaints and Disciplinary Proceedings) Act, fce agrees to make available to the Authity, f the purposes of the investigation, under arrangements made by with the approval of the Minister. (3) Subject to this section, the Authity may, f the purposes of an investigation under this section, obtain infmation from such persons, and make such inquiries, as he thinks fit. (4) Subject to subsection (5), it is not necessary f the complainant any other person to be affded an opptunity to appear befe the Authity any other person in connection with an investigation by the Authity under this section. (5) The Authity shall not make a rept in respect of an investigation of a complaint under this section in which he sets out opinions that are, either expressly impliedly, critical of- (a) the police fce; (b) a person (including a member of the police fce), unless, befe completing the investigation, he has affded- (e) if the opinions relate to the police fce a member of the police fce-the Commissioner and that member; (d) if the opinions relate to a person (other than a member)-that person, opptunities, an opptunity, to appear (whether personally by a representative) befe him, befe an authized person, and to make submissions, either ally in writing, in relation to the complaint. (6) The Authity may, by notice in writing, require a person whom he believes to be capable of giving infmation relevant to an investigation under this section to furnish to him in writing, within a period specified in the notice, such infmation, and to produce to him such documents and other recds, being infmation, documents recds relevant to the investigation, as are specified in the notice. (7) F the purposes of an investigation under this section, the Authity may, by notice in writing, require- (a) the complainant person on whose behalf the complaint was made; (b) a member of the police fce any other person who is, in the opinion of the Authity, able to give infmation relevant to the investigation, to attend befe him at a time and place specified in the notice and there to answer questions relevant to the investigation. (8) Where the Authity makes a requirement under subsection (6) (7) of the member of the police fce about whose conduct the complaint was made, the Authity shall state in the notice by which the requirement is made the general nature of the complaint. (9) Where the Attney-General furnishes to the Authity a certificate certifying that the disclosure of infmation concerning a specified matter

17 Police (Complaints and Disciplinary Proceedings) Act, 199 (including the furnishing of infmation in answer to a question) the disclosure of the contents of any documents recds would be contrary to the public interest, by reason of the fact that it would involve the disclosure of deliberations decisions of the Cabinet of a Committee of the Cabinet, the Authity is not entitled to require a person to furnish any infmation concerning the matter, to produce those documents recds, to the Authity. (10) A person shall not- (a) without reasonable excuse (i) fail to attend befe a person; (ii) refuse fail to furnish infmation, produce a document other recd answer a question, when so required in pursuance of this section; (b) furnish infmation make a statement to the Authity an authized person knowing that it is false misleading in a material particular. (11) Where- (a) a person other than a member of the police fce contravenes subsection (10), he shall be guilty of an offence and liable to a penalty not exceeding two thousand dollars; (b) a member of the police fce contravenes subsection (10), he may be dealt with in accdance with the Police Regulation Act, 1952, f breach of discipline. (12) Notwithstanding the provisions of any enactment, a person is not excused from furnishing any infmation, producing a document other recd answering a question when required to do so under this section on the ground that- (a) the furnishing of the infmation, the production of the document recd the answering of the question- (i) would contravene the provisions of any other enactment; (ii) would be contrary to the public interest; (b) in the case of a person who is a member of the police fce, the infmation, the document recd the answer to the question might tend to show that he has committed a breach of discipline; (e) the infmation, the document recd the answer to the question would disclose legal advice furnished to a Minister to the police fce. (13) A person may refuse to furnish infmation, produce a document. recd answer a question if the infmation, the document recd the answer to the question-

18 200 Police (Complaints and Disciplinary Proceedings) Act, (a) might tend to incriminate him; (b) might tend to incriminate a close relative of his; (e) might tend to show that a close relative of his who is a member of the police fce has committed a breach of discipline, but any such refusal on the part of a member of the police fce may be dealt with in accdance with the Police Regulation Act, 1952, as a breach of discipline. (14) In subsection (13)- "close relative" of a person means a spouse (including a putative spouse within the meaning of the Family Relationships Act, 1975), a parent a child of the person. (15) A person who furnishes infmation, produces a document recd 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) F the purposes of an investigation under this section, the Authity an authized person may, at any reasonable time of the day, enter any premises used by the police fce any other place and may carry on the investigation at that place and f that purpose inspect any documents recds relevant to the investigation kept at that place (other than a document in respect of which the Attney-General has furnished a certificate under subsection (9». (17) The power of entry conferred by subsection (16) shall not be exercised by any person in relation to premises in which any person resides carries on business unless a special magistrate is satisfied that there are reasonable grounds f the exercise of the power and issues a warrant authizing the person to enter the premises. (18) A person who, without reasonable excuse, wilfully obstructs, hinders resists the Authity any other person in the exercise of his powers under this section- (a) in the case of a person other than a member of the police fceshall be guilty of an offence and liable to a penalty not exceeding two thousand dollars; (b) in the case of a member of the police fce-may be dealt with in accdance with the Police Regulation Act, 1952, f a breach of discipline. (19) Where a member of the police fce is of the opinion that he might, in complying with a requirement of the Authity an authized person made in the exercise of his powers under this section, disclose infmation that should be the subject of a certificate of the Commissioner under section 48 (3), the member shall be entitled to refuse to comply with the requirement f such period (not exceeding fty-eight hours) as is necessary f the purpose of enabling the Commissioner to determine whether not to furnish such a certificate in respect of the infmation. (20) A person exercising proposing to exercise any powers under this section shall, upon demand by a person in relation to whom the powers are are to be exercised, produce f his inspection a certificate of authity in the prescribed fm.

19 Police (Complaints and Disciplinary Proceedings) Act, 201 (21) In this section- "authized person" means a person appointed by the Authity to be an authized person f the purposes of this section: "member of the police fce" does not include a prescribed officer employee. 29. The Authity shall maintain a register containing particulars of Resister to be each complaint made to him of which he has been notified under section ~e:ho~ty. 18, including particulars of any determination made under section 21, in relation to the complaint and particulars of any investigation further investigation of the complaint under this Act. 30. Any inquiry by a complainant as to the investigation of his complaint Authity to shall be directed to the Authity who shall, in response to the inquiry, =tbr furnish such infmation as he considers appropriate in relation to the complainants. investigation further investigation of the complaint. PARTY ACTION CONSEQUENTIAL ON INVESTIGATION 31. (1) When the internal investigation branch completes an investi- Repts of gation further investigation of a complaint referred to it under this Act, ::=:tion5 by the officer in charge of the branch shall, as soon as practicable, cause a i:..~i: rept, in writing, of the results of the investigation further investigation ~:=.to to be prepared and delivered to the Commissioner. (2) The Commissioner shall, as soon as practicable after his receipt of a rept under subsection (1), unless he directs that further investigations be carried out by the internal investigation branch, furnish a copy of the rept to the Authity and, when doing so, may attach to the rept such comments as he thinks fit to make in relation to the investigation further investigation. 32. (1) Where the Authity receives from the Commissioner pursuant Authity to to section 31 a rept of the results of the investigation further investigation ::r assessment of a complaint by the internal investigation branch, he shall consider the ~tti:~tion5 rept and any comments of the Commissioner attached to the rept and, l:=:tions by subject to subsection (2), shall, by writing, notify the Commissioner of- :::'~tion (aj his assessment of whether- (i) any conduct of a member of the police fce- (A) constituted an offence breach of discipline was contrary to law; (B) was unreasonable, unjust, oppressive improperly discriminaty; (C) was in accdance with a rule of law, a provision of an enactment a practice, procedure policy, being a rule, provision, practice, procedure policy that is may be unreasonable, unjust, oppressive improperly discriminaty;

20 202 Police (Complaints and Disciplinary Proceedings) Act, and (D) was based either wholly partly on a mistake of law of fact~ (E) was otherwise, in all the circumstances, wrong; (ii) a member exercised a discretionary power f an improper purpose on irrelevant grounds; (iii) in a case where the conduct to which the complaint relates comprised included a decision by a member to exercise a discretionary power in a particular manner 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 to refuse to exercise the power, as the case may be; (B) the complainant in respect of the investigation some other person was entitled at law to have been furnished, but was not furnished, with the reasons f deciding to exercise the power in that manner to refuse to exercise the power, as the case may be; (b) his recommendations as to whether (i) action should be taken- (A) to charge a member of the police fce with an offence breach of discipline; (B) to reconsider, vary reverse a decision to provide reasons f a decision; (C) to rectify, mitigate alter the effects of a decision, act omission; (D) to alter a rule of law, a provision of an enactment a practice, procedure policy on which a decision, act omissiotl was based; (ii) any other action should be taken in relation to the matter; (iii) no action should be taken in relation to the matter. (2) Notwithstanding the provisions of subsection (1), the Authity may, if he considers that the complaint has not been adequately investigated, in addition to instead of making an assessment and recommendations under that subsection- (a) refer the complaint back to the Commissioner f further investigation;

21 Police (Complaints and Disciplinary Proceedings) Act, (b) make a determination under section 23 (1) that the complaint should be investigated by the Authity. (3) Where a complaint is referred to the Commissioner under subsection (2) (a), the Commissioner shall refer the complaint to the internal investigation division f further investigation When the Authity completes any investigation further inves- Authity to tigation of a complaint conducted by him under this Act, he shall furnish ~~~ :':s~~~~t to the Commissioner a rept, in writing, of the results of the investigation ~ommendations further investigation and shall include in the rept his assessment of l~v:~~t~o::' and recommendations as to the matters referred to in section 32 (1) (a) and ~~ed out by (b). 34. (1) When the Commissioner receives from the Authity pursuant to section an assessment and recommendations made by the Authity in relation to the investigation further investigation of a complaint, he shall, as soon as practicable, consider the assessment and recommendations together with the rept relating to the investigation further investigation and- (a) if he agrees with the assessment and recommendations, notify the Authity, by writing, of his agreement; (b) if he does not agree with the assessment a recommendation, notify the Authity, by writing, of his disagreement and the reasons f his disagreement. (2) The Authity shall, where the Commissioner notifies him of disagreement with an assessment recommendation pursuant to subsection (1), after considering the Commissioner's reasons f disagreement and conferring with the Commissioner, by notice in writing to the Commissioner, confirm vary the assessment recommendation substitute f the assessment recommendation a new assessment recommendation. (3) The Commissioner shall- (a) take all such steps (if any) as are necessary to give effect to any recommendations of the Authity (i) as agreed to by the Commissioner pursuant to subsection (1); (ii) as confirmed, varied substituted by the Authity pursuant to subsection (2); (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) (ii) should be taken in consequence of the investigation further investigation; (b) that no action should be taken in consequence of the investigation further investigation; Recommendations of Authity and consequential action by Commissioner.

22 204 Police (Complaints and Disciplinary Proceedings) Act, (c) that the complaint should be further investigated by the internal investigation branch by the Authity, as he thinks fit. (5) The Minister shall not make a determination under subsection (4) as to whether action should be taken to charge a member of the police fce with an offence breach of discipline except in consultation with the Attney-General. (6) The Authity and the Commissioner shall 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 shall take all such steps as are necessary to give effect to the determination. (8) Notwithstanding the provisions of subsection (7), a determination of the Minister under subsection (4) (a) that action should be taken to alter a practice, procedure policy relating to the police fce shall not be binding on the Commissioner unless embodied in a direction of the Govern given under section 21 of the Police Regulation Act, (9) Where the Minister makes a determination under subsection (4) (c) (a) that the complaint should be further investigated by the internal investigation branch, the Commissioner shall refer the complaint to that branch f further investigation; (b) that the complaint should be further investigated by the Authity, the provisions of this Act shall apply as if the determination of the Minister were a determination made by the Authity under section 23 (I). Commissioner to notify Authity of layi", of djalf5 other action co~uential upon investiption. Paniculan in relation to complaint to be entered in "'Iister and fumished 10 cdmplainant and member of police fon:e concerned. 35. (1) Where a member of the police fce is charged with an offence breach of discipline other action is taken by the Commissioner pursuant. to section 34 in consequence of the investigation further investigation of a complaint, the Commissioner shall, by writing, notify the Authity of the laying of the charges other action so taken. (2) Where a member of the police fce is charged with an offence breach of discipline pursuant to section 34, the Commissioner shall, by writing, notify the Authity of the final outcome of proceedings in respect of the charge including any decision of a court the Commissioner as to punishment of the member. 36. (1) The Authity shall, in relation to each complaint, enter in the register kept by him pursuant to section 29 and furnish to the member of the police fce concerned and, unless the identity of the complainant is not known, to the.complainant- (a) particulars of all assessments and recommendations made by the Authity in relation to the complaint, being assessments and recommendations- (i) as agreed to by the Commissioner pursuant to section 34 (1);