See Police (Complaints and Disciplinary Proceedings) Act 1985 (SA) s 32.
When remedial action may be recommended
The Ombudsman may recommend that remedial action be taken if, after assessing an investigation report, it finds that the conduct of a police officer was:
- against the law or in breach of discipline
- unreasonable, unjust, oppressive or improperly discriminatory
- based on a mistake of law or fact
- based on a misuse of a discretionary power
Recommendations that may be made
After making an assessment, the Ombudsman may recommend to the Commissioner of Police that:
- a police officer be charged with an offence or a breach of discipline
- a decision be reconsidered, varied or reversed, or reasons should be given as to why a decision was made
- the effects of a decision, act or omission be rectified, mitigated or altered
- a law, policy or procedure be altered
- any other action be taken
- no action be taken
Where there is no agreement on an assessment
If the Commissioner and the Ombudsman cannot agree on an assessment or the consequent recommendations, the matter will be referred to the Minister for a decision. The Minister must notify the Ombudsman and the Commissioner of Police of his or her decision. The Ombudsman will then notify the person who made the complaint and the police officer(s) involved [Police (Complaints and Disciplinary Proceedings) Act 1985 (SA) s 34].
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