South Australia Police

The Hon. T.J. STEPHENS (14:35): I seek leave to make a brief explanation before asking the Minister for Police a question about a police officer's right to protest.

Leave granted.

The Hon. T.J. STEPHENS: I know that the minister is aware of the strong campaign the Police Association of South Australia ran with regard to the WorkCover changes affecting police officers injured in the line of duty. From the outset, my Liberal Party colleagues, indeed all of my crossbench colleagues in this place, were in lock step with PASA on this issue. There was a march and demonstration at Parliament House before the issue was resolved to the satisfaction of PASA and the officers they represent.

I acknowledge that the minister was heavily involved in the negotiations to achieve an acceptable outcome. I believe there is no doubt that South Australia Police are definitely the proverbial thin blue line, keeping our community safe, and all officers are acutely aware of the danger they are in and the sacrifice they must be willing to make to keep the people of South Australia safe.

The hierarchy of SAPOL has seen fit to bring charges against a PASA member for merely wearing their uniform during the demonstration. This person is proud to be a police officer: is it really that strange for a PASA member to be wearing the uniform of the South Australia Police? This officer was there, standing in solidarity with their and for their fellow officers. I know the minister is aware of this issue, as I raised it with him at a recent PASA gathering. He should also appreciate the importance of demonstration/industrial action in securing certain rights at work, given that he was a union organiser for so long before entering this place. My questions, therefore, are:

1. Does the minister think it is appropriate for the officer to be charged with a breach of the police code of conduct, and that the offence should be considered in the most serious category of offending?

2. Has the minister discussed the matter with the police commissioner?

3. Why are our police officers different from any other public servant or emergency services officer when it comes to the right to protest?

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:37): I thank my honourable comrade for his question. I do thank the Hon. Mr Stephens for his question: he talks about an issue that is worthy of attention. I think all in this place would share a view that freedom of association, and the ability in our society to be able to protest in a peaceful way, is very much a cornerstone of our democracy here in South Australia. That is a statement which all would share a passion for.

The right of police officers to protest is also something that falls within that position, and that is well demonstrated by virtue of the incredible turnout the Police Association had here on the steps of Parliament House regarding the workers compensation issue, to which the honourable member has already referred. There is no question, I do not think, around the right or the ability of police officers to protest on a matter that they see as being important to their vocation.

Part of the Hon. Mr Stephens' question goes to a specific nature regarding a particular case. It is true that it would not be appropriate for me in this place to start commenting on an individual case. In fact, it is worth drawing the chamber's attention to section 48 of the Police Complaints and Disciplinary Proceedings Act 1985. Section 48 goes into substantial detail on requirements around secrecy of particular cases being dealt with under that particular act, so maybe I will speak in more general terms about the process.

There are three main pieces of legislation that govern police disciplinary matters in South Australia. They are the Police Act 1998, the Police Regulations 2014 and the Police (Complaints and Disciplinary Proceedings) Act 1985. Section 39 of the Police Act 1998 allows the Commissioner of Police to charge a member of SA Police for a breach of the code of conduct, and regulation 25 describes the obligation of the police commissioner to put in writing a charge of a breach of the code of conduct and forward it to the Police Disciplinary Tribunal. The workings of the Police Disciplinary Tribunal are set out in part 6 of the Police (Complaints and Disciplinary Proceedings) Act 1985.

Where a charge is laid in the Police Disciplinary Tribunal, the commissioner is obliged to indicate which category of punishment is likely should a guilty finding be made. These categories are outlined in section 39 of that particular act, and there are three categories of punishment: category A, which goes to termination or suspension of the officer's appointment or reduction in the officer's rank for an indefinite period; category B, transfer of the officer or reduction of the officer's remuneration or reduction of the officer's seniority or imposition of a fine; or the lowest category, category C, withdrawal of specified rights or privileges, a recorded or unrecorded reprimand, counselling, education or training, or an action of a kind prescribed by regulation.

An officer may plead guilty to a breach or the Police Disciplinary Tribunal may be satisfied on balance of probabilities that an officer has committed a breach. The matter is then remitted to the Commissioner of Police for his or her delegate to impose a penalty. A charge of the breach of the code of conduct attracts penalties as laid out in section 40 of the Police Act. These sanctions, after being given, may also be challenged in the District Court.

The reason why I stepped through the process is that I want it to be completely clear that there is an appropriate process in place regarding the discipline of members of the South Australian police force. Incredibly importantly, within that process is a right of review, or a right of contest on behalf of either party, ultimately potentially leaving matters to the South Australian District Court. What I would say is that, if there are occasions when an officer is charged for a disciplinary purpose in a way that they think is not fair, is not appropriate or is excessive, there is a course that can be followed for them to contest that.

One of the things that South Australian police officers, I think, are lucky to have is a well resourced professional association to represent them, an industrial association to represent them, in the form of the South Australian Police Association, and I am sure that if there are incidents of a disciplinary nature that are worthy of contest from a particular member of the police force, then PASA will represent them accordingly through the appropriate channels and processes.

The PRESIDENT: Supplementary, the Hon. Mr Stephens.