LSC Logo

Complaints not investigated

Most complaints are informally resolved, conciliated, sent for preliminary enquiries or investigated. However, the Authority may decide [Police (Complaints and Disciplinary Proceedings) Act 1985 s.21] that a complaint should not be investigated or further investigated if:

  • the complaint is made more than six months after the complainant became aware of the police conduct and there are no special reasons to justify an investigation
  • the complaint is trivial, frivolous, vexatious or it appears that the person making the complaint does not have sufficient interest in the matter
  • the complaint is made anonymously and there are no special reasons to justify an investigation
  • a person has been charged in relation to the conduct complained about
  • the person making the complaint has used another right of action or has exercised a right of appeal or review in relation to the matter complained about
  • the circumstances mean that an investigation is unnecessary or cannot be justified.

A complaint is not investigated if a person has been charged with an offence and the subject of the complaint is bound up with the proceedings before the court. In these circumstances, rather than encroach on the court's jurisdiction, the Authority waits for the court's decision before deciding whether to investigate the complaint. Delaying the investigation until the court proceedings have ended avoids having the prosecution and defence cases compromised or prejudiced and, if a court has ruled on the relevant subject matter, may save time and cost of an investigation.

As long as the Authority agrees, the police may try to conciliate a complaint if there is some chance that it can be resolved to the satisfaction of all concerned. This applies to all types of complaints [Police (Complaints and Disciplinary Proceedings) Act 1985 s.22].

To resolve less serious allegations (for example, use of bad language, shoving and jostling in a crowded situation) a person making a complaint can nominate whether or not to try to informally resolve the complaint. This process of informal resolution is normally completed within 14 days. The person making the complaint can withdraw consent at any time during the process and the complaint may then be dealt with on a formal basis. If a complaint can be informally resolved or conciliated, the costs and delay of an investigation are avoided.

Complaints not investigated  :  Last Revised: Fri Aug 11th 2006




Copyright ©2009 Government of South Australia - All Rights Reserved