Complaints can be made directly to SA Police or the Office for Public Integrity.

The Office for Public Integrity

Telephone: 1300 782 489

Online complaints form at: https://www.publicintegrity.sa.gov.au/police-complaints/information-for-the-public/make-a-complaint-about-police

Post: The Office for Public Integrity, GPO Box 11066, Adelaide SA 5000

Email: admin@OPI.sa.gov.au

SA Police

Telephone: (08) 7322 3308

Email: SAPOLIIS@police.sa.gov.au

Suggestions for people who may have a police complaint

If a person believes that the police have acted wrongly, they should say so politely. If someone has been injured while in police custody, they should ask for an immediate medical examination and have some photographs taken. Witnesses who can give evidence about the complainant's condition before their arrest should be contacted. The complainant should write down what happened, who did it, (such as the police officer's I.D. number or nickname) and when and where it all happened while it is still fresh in their mind. Any complaint should be made as soon as possible. If the complainant has been charged with an offence, they should always get legal advice as soon as possible.

Internal Investigation Section (IIS)

Except in special circumstances of alleged corruption and very serious conduct, complaints are investigated by the Internal Investigation Section, a team of experienced police officers [Police Complaints and Discipline Act 2016 (SA) s 5]. The investigator will usually wish to speak to the complainant, the officer, cadet, or special constable, involved and anyone else able to help with the investigation.

In certain cases such as a where there are allegations of corruption or very serious conduct, the OPI may determine that a complaint should be investigated by the Independent Commission Against Corruption ICAC [s 29]. ICAC may also decide to investigate any complaint or report on its own initiative [s 30(2)].

Cooperating with investigations

It is an offence to knowingly make false or misleading statements in information provided under the Act is an offence [s 42(a)].

Maximum penalty imprisonment for two years or $10 000 fine.

Monitoring of investigations

The OPI monitors the progress of all investigations and can direct the Commissioner of Police, the Internal Investigations Section, or the particular police officer investigating a complaint as it thinks fit [s 27]. The OPI can also reassess certain complaints and reports by the IIS and substitute the assessment. This has to be done within three business days of the IIS assessment and in consultation with the Officer in Charge of the IIS [see further s 28].

Confidentiality

Investigations are carried out in strict confidence. However, if a Court, Tribunal, or Royal Commission calls for the information, then confidentiality may be breached [ss 44 - 46].

Some complaints are dealt with through a management resolution process [Police Complaints and Discipline Act 2016 (SA) ss 16 - 20].

The matter under this process is referred to a resolution officer who allows the person complained about a chance to respond to the complaint against them, and if the person agrees, and the resolution offer thinks it is appropriate, the resolution officer will attempt to resolve the matter by conciliation [s 18].

During this management resolution process the Commissioner of Police can impose restrictions on the person, provide counselling, issue a reprimand, and if the do so must also provide remedial education and training with a chance for the person to show they have gained the required competencies [see further s 18(4)-(7)].

The resolution officer then has a responsibility to prepare a report on the process [s 19].

The management resolution processes must also be monitored and reviewed [s 20].

When the Commissioner of Police presents a notice of allegation about a member of the police, cadet, or special officer, to the Police Disciplinary Tribunal, and they deny it, the charge is heard and determined by the Tribunal [Police Complaints and Discipline Act 2016 (SA) ss 22-25].

If the Tribunal is satisfied on the balance of probabilities that a designated officer committed a breach of discipline, the Tribunal must make a finding as such and send the matter back to the Commissioner of Police who may take a number of actions to sanctions under s 26 of the Act which includes things such as termination or suspension of employment, reduction of rank, counselling, education and training, a fine, reduction in pay, etc [s 25].

Most complaints are informally resolved, conciliated, or investigated. However, the Commissioner of Police may decide that a complaint should not be investigated or further investigated if:

[Police Complaints and Discipline Act 2016 (SA) s 15]