No confidentiality in tribunal hearings
The District Court of South Australia has ruled that courts
may access Police Disciplinary Tribunal (PDT) records.
According to the Crown Solicitor, who appeared for the PDT, no
power had existed for the court to obtain access to tribunal records.
Section 40 (6) of the Police (Complaints and Disciplinary
Proceedings) Act is unambiguous about proceedings in the tribunal: they are to
be heard in private.
Consequently, the Crown argued, proceedings do not form part
of the public record, and indicate Parliament’s view that tribunal matters
are sensitive and therefore confidential – for the relevant parties’
protection.
The Crown also argued that these, and other reasons, showed
that Parliament intended that proceedings-related material not be discoverable
by subpoena. The District Court ruled otherwise.
Therefore, the Police Association will meet the Police
Minister and Commissioner to discuss potential legislation with the capacity to
protect the privacy of police officers who might appear before the PDT.
To lobby for higher-level tribunal
In The Advertiser recently were details of a judicial
review that resulted from an appeal against a police promotion. No doubt the
only newsworthy aspect of this SAPOL human-relations issue was that it involved
police officers.
The Police Association will, as a result of these events,
lobby the government to provide a police tribunal at District Court level. This
would avoid any public airing of SAPOL human-resource and personnel issues, as
well as tribunal proceedings.
