Legislative Council: Thursday, May 26, 2016

Contents

South Australia Police

The Hon. T.J. STEPHENS (14:43): Minister, given that you have outlined what is the punishment for a category A offence, and given your long history involved in industrial relations, can you explain why a police officer would be charged with a category A offence for wearing their uniform to a protest, given that if there were an incident while they were on their way to Parliament House, I am sure that they would act in the best interests of the people of South Australia? I think it is over the top, and I am interested to hear your views.

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:43): I am not in a position just at the moment to speak with great authority regarding the rules and regulations regarding a police officer's attire when off duty and whether or not it is appropriate for them to wear their uniform during the course of an act when they are not on duty. I am happy to seek information regarding that and report back to the honourable member.

It would not be appropriate for me to comment on any case that may or may not be going through a disciplinary procedure. I would have thought that the best person, or the best group, to be able to make that judgement is the Police Disciplinary Tribunal. As I said, if an officer is charged in a way for something that is deemed to be excessive or inconsistent with their rights under the law regarding freedom of association or the right to peaceful protest, if those rights have been impeded I would very much expect that the Police Disciplinary Tribunal would take that into account in any judgement that it makes.