January 2000 Volume 81 Number 1 "serving the protectors"

Police Regulations

The new police regulations have now passed both houses of State Parliament. Since the passing of the new Police Act, the Police Association has negotiated with the government regarding a number of concerns with the regulations.

Regulations pertinent to confidentiality of information, the grievance process for selections and transfers to positions of a higher rank, were of particular concern to the association.

Regulation 20: Confidentiality of Information

The original wording of regulation 20 provided an absolute prohibition on the release of information about SAPOL. The variation of regulation 20 now provides that:

An employee must treat information obtained by SA Police (or by the employee by virtue of his or her employment) as confidential and must not:

a)	seek to obtain access to such information except in the proper execution of her or her duties; or
b)	improperly use or disclose such information.

This new regulation provides protection for members who have a legitimate need to disclose information to protect their own, or the public interest.

Regulation 29: Transfer to Position of Higher Rank

1)	Subject to this regulation, the Commissioner may, under section 47 of the Act, transfer a member of SA Police to a position of higher rank -
(a)	until a person on leave from or otherwise temporarily unable to perform the duties of the position returns to the position.
(b)	if the position has been permanently vacated, until the position is filled by selection processes.
1a)	A transfer as authorized under subregulation (1) -
(a)	may be made on such conditions as are approved by the Commissioner; and
(b)	must not be for a period exceeding two years.
2)	If a member has been transferred to a position of a higher rank as authorized under this regulation, the Commissioner may, under section 47 of the Act, transfer the member to a position of a lower rank in order to return the member to a position of a rank the same as that of his or her original position.
Regulation 38: Grievance Process for Selection Decision

As a result of complaints from members about delays in the selection process, it had become apparent that there was no limitation placed on SAPOL in dealing with selection grievances. The variation of regulation 38 provides that:

The Commissioner must give written notice to the applicant of the Commissioner’s decision on the grievance application within 28 days after the receipt of the application (or within such longer period as may be agreed between the applicant and the Commissioner)

This new regulation should guarantee a timely grievance process.

Members will recall that negotiations followed disallowance of the regulations in the Upper House of State Parliament.

Peter Alexander     President  

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