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Think first then dial

Annual report 2020-21 - Reporting required under any other act or regulation

Act or Regulation

Requirement

Controlled Substances Act 1984

Section 52C(1)

The Commissioner of Police must, on or before 30 September in each year (other than the calendar year in which this section becomes into operation), provide a report to the Attorney-General specifying the following information in relation to the financial year ending on the preceding 30 June:

(a)       the number of authorisations granted by senior officers under sections 52A and 52B during that financial year;

(b)       the public places or areas in relation to which those authorisations were granted;

(c)       the periods during which the authorisations applied;

(d)       the number of occasions on which a drug detection dog or electronic drug detection system indicated detection of the presence of a controlled drug, controlled precursor or controlled plant in the course of the exercise of powers under sections 52A and 52B.

For the period 1 July 2020 to 30 June 2021:

General Drug Detection Powers - Section 52A(3)

A senior police officer may authorise the exercise of powers under this section in relation to a public place. There were 15 authorisations granted by senior police officers pursuant to section 52A.

LOCATIONS

Colonnades Shopping Centre, Beach Road, Christies Beach

Port Lincoln Prison, Pound Lane, Port Lincoln

‘Somersault’, Glenelg Foreshore, Glenelg

‘Sounds By The C’, Glenelg Foreshore, Glenelg

Tea Tree Plaza & Bus Interchange, Modbury

Jetty Road, Glenelg

Mosely Square, Glenelg

Glenelg Beach, Glenelg

Mobilong Prison, Maurice Road, Murray Bridge

‘Winter Solstice Music Festival, Waikerie

Drug Transit Route Deployments - Section 52B(1)

There were seven authorisations granted by senior police officer for identified drug transit routes pursuant to section 52B(1).

This authorisation enabled drug detection powers to be exercised in a defined area for specified periods that do not exceed 14 days.  Nil authorisations exceeded the 14 day limit.

LOCATIONS

Sturt Highway, Waikerie

Port Wakefield Road, Port Wakefield

Augusta Highway, Warnertown

Augusta Highway, Port Wakefield

Princes Highway, Meningie

Dukes Highway, Coonalpyn

Lincoln Highway, Cowell

Overall, there were 122 deployments where teams operated under section 52A and section 52B in the following areas:

CONTROLLED SUBSTANCES ACT

2020-21

Section 52A(2)(a) – Licensed Premises

73

Section 52A(2)(b) – Public Venues

3

Section 52A(2)(c) – Public Passenger Carrier

13

Section 52A(2)(d) – Public Place

22

Section 52B(1) – Drug Transit Route

11

Total

122

There were 498 indications of the presence of a controlled drug, controlled pre-cursor or controlled plant during the exercise of powers under sections 52A(2)(a), 52A(2)(b), 52A(2)(c), 52A(2)(d) and 52B(1).

From these 498 indications there were 92 detections, 272 ‘residual admits’ and 134 ‘residual denies’.  Of the 92 detections, 49 resulted in an arrest/report, drug diversion and/or cannabis expiation notice.

Total seizures during the Passive Alert Detector Dog deployments under section 52A and section 52B were approximately 10.1 grams of ecstasy tablets, 1.048 kilograms of cannabis, 14.1 grams of amphetamine, 12.1 grams of cocaine and 33 pieces of drug paraphernalia.

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Evidence Act 1929

Section 49

(7)   The Commissioner of Police shall in each calendar year report to the Minister responsible for the police force the number of applications made under subsection (1a) by members of the police force during the previous calendar year, and the Corporate Affairs Commission shall in each calendar year report to the Minister to whom it is responsible the number of applications made under subsection (1a) by officers of the Commission during the previous calendar year.

(8)       A report under subsection (7) may be incorporated in any other annual report that the Commissioner of Police or the Corporate Affairs Commission (as the case may be) is required by or under statute to make to the Minister to whom the report under that subsection is to be submitted.

Power to Order Inspection of Banking Records - Section 49(1a)

No applications were made by the Licensing Enforcement Branch for the period 1 July 2020 to 30 June 2021.

There were 430 orders (received at Prosecution Services Branch as required by the General Order) granted by Magistrates upon application by members of the police force pursuant to section 49(1a) of the Act for the period 1 July 2020 to 30 June 2021.

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Hydroponic Industry Control Act 2009

Section 34(1)

The Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.

HYDROPONICS INDUSTRY CONTROL ACT and REGULATIONS

2020-21

Apprehension reports

0

Offences

0

Expiations

0

Number of applications received for Hydroponics Equipment Dealer’s Licence

0

Number of applications received for approval of Hydroponics Industry Employees

0

Number of applications received seeking a Ministerial Exemption from the Act

0

For the purpose of this Act, a person will be taken to be carrying on the business of selling prescribed equipment by retail.

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Liquor Licensing Act 1997

Section 128AB

The Commissioner of Police must include in the Commissioner of Police’s report to the Minister responsible for the administration of the Police Act 1998 the following information in respect of each order made under Subdivision 3 in the financial year to which the report relates because of information classified by the Commissioner of Police as criminal intelligence:

(a)   the number of orders made;

(b)   the location of the licensed premises from which the persons were barred;

(c)   statistical information about—

(i)    the period for which the orders have effect; and

(ii)   the age, gender, race and residential postcode of the persons barred.

Barring Orders - Section 128A

There were no orders made pursuant to section 128AB of the Liquor Licensing Act 1997 for the period 1 July 2020 to 30 June 2021.

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Liquor Licensing Act 1997

Section 128C(8)

The Commissioner of Police must include in his or her annual report to the Minister to whom the administration of the Police Act 1998 is for the time being committed a record of—

(a)   the number of orders made under this section during the period to which the report relates; and

(b)  in relation to each order made during that period—

(i)    the licensed premises or part of licensed premises in relation to which the order was made; and

(ii)   the period for which the order was in force; and

(iii)   the grounds on which the order was made; and

(c)   any other matters the Commissioner of Police considers relevant.

Power of Police to Clear or Close Licensed Premises - Section 128C

This report refers to orders made by Senior Police Officers to clear or close licensed premises deemed unsafe because of prevailing conditions at the premises.

There was one order made pursuant to section 128C(8) of the Liquor Licensing Act 1997 for the period 1 July 2020 to 30 June 2021.  The order was in relation to the Portside Tavern Port Pirie, on 12 June 2021 in respect to prevailing conditions occurring at the premises compromising the safety of members of the public, including a violent assault resulting in a victim requiring immediate first aid, multiple disturbances and the presence of members of a declared organisation.  The venue remained closed for a period of two hours between 2338 and 0138 when the order was revoked.

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Protective Security Act 2007

Section 43

(1)  The Commissioner must, on or before 30 September in each year, deliver to the Minister a report on protective security officers and their operations during the period of 12 months that ended on the preceding 30 June.

(2)  The Commissioner must include in the report any information required under the regulations or by the Minister.

Protective Security Regulations 2008

Regulation 23

The Commissioner must, in his or her annual report to the Minister under section 43 of the Act, report on—

(a) the current state of the protective security officers, including the numbers, components, distribution and operational efficiency of the officers; and

(b) the operations of the protective security officers; and

(c) any other matter relevant to protective security officers and their operations or which the Commissioner wishes to report on which the Minister requires a report.

Police Security Services Branch (PSSB) continues to provide efficient protective security services to key government critical infrastructure and high risk (CI-HR) assets.  PSSB deploys Protective Security Officers (PSO’s) to perform static guard duties, CI-HR patrols and whole of government alarm monitoring and CCTV monitoring services on a cost recovery basis.

On 17 July 2006, the previous Cabinet approved a Government Protective Security Policy that mandates PSSB as the security provider for ‘designated’ Government assets along with a whole of government alarm monitoring service.

As of June 2021, eight SA Government sites were designated as CI-HR assets and subsequently determined by the Minister for Police as needing protection pursuant to the Government Protective Security Policy.

There are now eight SA Government sites designated as CI-HR assets and 14 sites determined Protected Places.

The CI-HR assets were assessed on the basis that if they were destroyed, disrupted, degraded, harmed or rendered unavailable for an extended period there would be a significant impact on the delivery of key government services; or that the reputation of the state would be affected and there would be reduced community confidence in the Government’s ability to effectively conduct business.  Physical security in these premises is provided by PSO’s who, as well as having authorities under the Protective Security Act 2007, have the training and equipment necessary to allow them to safely manage situations including engaging with a violent intruder should such a situation arise.

The Government Protective Security Policy sets out the process to follow assets designated as CI-HR with affected agencies required to identify any resource or costing pressures through the process of Cabinet submissions to the Emergency Management Council.

The role of the Security Control Centre is to provide protective security services to government clients through the monitoring of electronic security devices including alarms and CCTV, coordinating an appropriate response to incidents detected, monitoring of GRN talk groups used by Government clients and managing the maintenance and repairs of electronic security devices on behalf of identified clients.

PSSB comprises of 147 FTE, which includes 131 Protective Security Officers, 11 Public Sector Act Officers and five Police Officers. There are an additional 54 PSOs and one Police Officer who have been placed into holding positions and attached to COVID-19 Operations.

SECTION

DESCRIPTION

LEVEL

NUMBER

TOTAL

Physical Security Section

Protective Security Supervisors

OPS3

6

102

Protective Security Officers 1st Class

OPS2

96

Security Control Centre

Protective Security Supervisors

OPS3

5

29

Protective Security Officers 1st Class

OPS2

24

COVID-19 Operations

Protective Security Supervisor

OPS3

1

54

Protective Security Officers 1st Class

OPS2

53

There have been a total of 16 incidents of a relatively minor nature at designated
CI-HR sites and 58 incidents in a protected place that required PSO’s to exercise authorities under the Act.

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Road Traffic Act 1961

Section 47E(8)

The Commissioner of Police must, in his or her annual report to the Minister responsible for the administration of the Police Act 1998, include the numbers of drivers required to submit to an alcotest in the course of the exercise of random testing powers (otherwise than at breath testing stations established in accordance with section 47DA).

Alcotest or Breath Analysis - Section 47E

There were a total of 495 393 driver screening tests conducted for the period of 1 July 2020 to 30 June 2021.

Of those, pursuant to section 47E there were 95 076 mobile driver screening tests conducted.

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Shop Theft (Alternative Enforcement) Act 2000

Section 18

(1)    The Commissioner of Police must, on or before 30 September in each year, prepare a report on the operation and administration of this Act during the period of 12 months that ended on the preceding 30 June.

(2)    A report required under this section must be incorporated in the annual report of the Commissioner of Police required under the Police Act 1998.

Shop Theft Infringement Notices (STIN)

2019-20

2020-21

STIN 1 issued

0

0

STIN 1 completed

0

0

STIN 2 issued

0

0

STIN 2 completed

0

0

Withdrawal of Consent (PD259)

0

0

Community service hours for STIN 2 offence

0

0

Apologies required for STIN 1 offence

0

0

Apologies required for STIN 2 offence

0

0

Apprehension Reports for breach

0

0

Apprehension Reports for subsequent breach

0

0

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Summary Offences Act 1953

Section 21K

The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation):

(a) the number of weapons prohibition orders issued under section 21H;

(b) the number of weapons prohibition orders revoked under section 21H;

(c) the number of appeals under section 21J and the outcome of each appeal that has been completed or finally determined;

(d)    any other information requested by the Minister.

WEAPONS PROHIBITION ORDERS

2020-21

Number of weapons prohibition orders issued under section 21H

0

Number of weapons prohibition orders revoked under section 21H

0

Number of appeals under section 21J and the outcome of each appeal that has been completed or finally determined

0

Breaches of Weapons Prohibition Orders

0

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Summary Offences Act 1953

Section 72A(7)

The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation) in respect of the period to which the report relates (the relevant period):

(a)   the number of declarations made under subsection (4) during the relevant period;

(b)   the number of metal detector searches carried out under this section during the relevant period;

(c)   the number of occasions on which a metal detector search carried out during the relevant period indicated the presence, or likely presence, of any metal;

(d)   the number of occasions on which weapons or articles of a kind referred to in Part 3A were detected in the course of such searches and the types of weapons or articles so detected;

(e)   any other information requested by the Minister.

METAL DETECTOR SEARCHES

2020-21

Number of declarations made under subsection (4)

42

Number of metal detector searches carried out

675

Number of occasions on which a metal detector search was carried out, indicated the presence or likely presence of any metal

201

Number of occasions on which weapons or articles of a kind (referred to in Part 3A) were detected

*9

*     Types detected included: 6 knives, 1 knuckle duster, 1 taser and 1 kosh.

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Summary Offences Act 1953

Section 72B(9)

The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation) in respect of the period to which the report relates (the relevant period):

(a)   the number of authorisations granted under subsection (3) during the relevant period; and

(b)   in relation to each authorisation granted during the relevant period (identified by location and date)—

(i)   the nature of the incident in relation to which the authorisation was granted; and

(ii)   the number of people searched in the exercise of powers under this section; and

(iii)   whether weapons or articles of a kind referred to in Part 3A were detected in the course of the exercise of powers under this section; and

(iv)  the types of weapons or articles so detected;

(c) the number of occasions on which the Commissioner gave consent under subsection (8) during the relevant period;

(d)   any other information requested by the Minister.

Special Powers to Prevent Serious Violence – Section 72B

There were no authorisations under subsection 3 where Special Powers to Prevent Serious Violence were granted in the reporting period of 1 July 2020 to 30 June 2021.

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Summary Offences Act 1953

Section 72F

The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation):

(a)  the number of occasions on which the search powers under section 72D were exercised during the period to which the report   relates; and

(b)  the number of occasions on which property was seized as a result of the exercise of those search powers and the nature of the   property seized; and

(c)  whether any persons were charged with explosives offences (within the meaning of section 72D) in connection with the exercise   of those search powers; and

(d)  any other information requested by the Minister.

This report refers to the number of occasions a police officer has exercised search powers under Section 74D for the purpose of ascertaining whether a suspected explosives offence is being or has been committed.

EXPLOSIVE POWERS

2020-21

Searches section 72D

32

Number of times property seized for searches section 72D

25

Persons charged with explosives offences section 72D

16

NATURE OF PROPERTY SEIZED Section 72D

2020-21

Explosives - Commercial

7

Explosives - Home Made

3

Explosives - Incendiary

5

Explosives - Precursor

4

Explosives - Equipment

2

Explosive - Explosive Device

12

Explosive - Incendiary Device

1

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Summary Offences Act 1953

Section 83C (6)

The Commissioner must, as soon as practicable (but not later than three months) after each 30 June, submit a report to the Minister in relation to the year ended on that 30 June stating—

(a)  the number of authorisations and warrants granted under this section during that year;

(b)  the nature of the grounds on which the authorisations and warrants were granted;

(c)  the type of property taken from premises pursuant to warrant under this section;

(d)  any other matters the Commissioner considers relevant.

The number of forced entries for the reporting period of 1 July 2020 to 30 June 2021 included:

SPECIAL POWERS OF ENTRY

2020-21

No. of authorisations issued*

100

Grounds for issue of authorisations:

Deceased person believed in premises section 83C(1)(a)

33

Person in premises requiring medical assistance section 83C(1)(b)

67

Information reported:

Deceased

25

Attempt Suicide/Person Detained (Mental Health Act)

4

Drug/Alcohol Overdose

0

Concern Occupant Deceased

0

Premises Empty/Unoccupied

7

Medical/Other Assistance Not Specified

64

No Medical Attention Required

0

Missing Person – Welfare Grounds

0

* Authorisations above were issued after concerned relatives or friends contacted police anxious about the welfare of a person who had not been seen for some time.

SPECIAL POWERS OF ENTRY

2020-21

Grounds for issue of warrants:

Searching the premises for material that might assist in identifying the deceased or relatives of the deceased,
section 83C(3)(a)

0

Take property of the deceased into safe custody, section 83C(3)(b)

0

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Act or Regulation

Requirement

Summary Offences Act 1953

Section 83BA(9)

The Commissioner must include in the Commissioner's annual report to the Minister to whom the administration of the Police Act 1998 is for the time being committed a record of the authorisations issued under subsection (7) during the period to which the report relates.

Overcrowding at Public Venues - Section 83BA

There were no authorisations issued pursuant to section 83BA of the Summary Offences Act1953 relating to the overcrowding at public venues for the period 1 July 2020 to 30 June 2021.

Data for previous years is available at: https://data.sa.gov.au/data/dataset/annual-reporting-data

Reporting required under the Carers Recognition Act 2005

The Carers’ Recognition Act 2005 is deemed applicable for the following: Department of Human Services, Department for Education, Department for Health and Wellbeing, Department for Innovation and Skills, Department of Planning, Transport and Infrastructure, South Australia Police and TAFE SA.

Section 7: A reporting organisation must prepare a report on –

(a)  Compliance or non-compliance with section 6 of the Carers Recognition Act 2005 and

(b)  if a person or body provides relevant services under a contract with the organisation (other than a contract of employment), that person's or body's compliance or non-compliance with section 6.

Awareness: There is a system to ensure all management, staff and volunteers have an understanding of the Carers Charter.

SAPOL continues to promote the Carers Recognition Act 2005 (SA), the Carers Charter and DHS Support services through a link on the SAPOL intranet site.

National Carers Week was promoted in October 2020 via an all staff email. The email included links to: information on the Carers Recognition Act 2005 (the Act) and the Carers Charter; Employee Assistance Section; SAPOL’s Disability Access and inclusion Plan (DAIP); and to further information available on the Department of Human Services website.

SAPOL’s on-line Disability Awareness training is compulsory for all new employees.  This training provides information to assist employees to understand and respond appropriately to the needs of people with a disability.  The training also contains information on the Carers Charter and the Act, and the DAIP. A review/refresh of the online training program is currently underway.

SAPOL’s Police Recruit Training Program, Constable Development Program and the Promotional Qualification Framework also incorporate disability management training.

SAPOL hosted a Disability Awareness training session run by Purple Orange facilitators with lived experience of disability
(25 participants).

HRMB provided 10 briefing sessions to managers and supervisors in SAPOL to provide them with information and guidance as to how they can support employees with a non-work related medical condition, medical incapacity and disability in the workplace. This raises general awareness of disability and caring responsibilities.

Consultation: There is a system to ensure consultation with carers, or persons or bodies that represent carers, in the development and review of human resource plans, policies and procedures.

Consultation was a key component of the development of SAPOL’s new DAIP. The DAIP includes a review of policies and procedures to reduce barriers and enhance support for carers.

SAPOL’s Diversity and Inclusion Strategy 2021-2025 was developed following consultation. Including two questions specific to carers. The consultation responses contributed to the overall development of SAPOL’s new Diversity & Inclusion Strategy and its associated action plan.

Employees are able to raise enquiries related to policy considerations and provide feedback at any time to Diversity and Inclusion Branch. These will be considered and responded to by Diversity and Inclusion Branch’s Policy & Development Unit or referred to the appropriate channel.

Practice: There is a system to ensure the principles of the Carers Charter are reflected in human resource practice.

SAPOL remains committed to an 'If Not, Why Not' approach to flexible work.  The principles associated with working flexibly in SAPOL are designed to assist employees to achieve a balance between work and other responsibilities (including those as a carer), with approved flexible work options allowing employees to alter when, where or how they work. There is a dedicated flexible work team and a comprehensive intranet site to assist employees in their application for flexible work.

The provision of working from home capabilities significantly increased in 2020 in response to the COVID-19 restrictions. This has resulted in increased remote login technology being made available, and provided a greater awareness, understanding and acceptance of flexible work and in particular, working from home arrangements.

SAPOL’s Employee Assistance Section (EAS) provides counselling support to all employees for a range of reasons when sought, including issues relating to relationships, stress management and work difficulties.  An external Employee Assistance Program is also available to employees on issues that impact on their wellbeing.

Diversity and Inclusion Branch receive notifications from employees concerning human resource matters which may include principles relevant to the Carers Charter.  These matters are considered and, where appropriate, actioned by Diversity and Inclusion Branch or referred to the appropriate channel for response/resolution.

SAPOL’s DAIP was launched in October 2020. SAPOL is also committed to working with carers in the further development of services for people with disability and to further support employees who are carers of people with disability.  These commitments can be found interspersed throughout the new DAIP.

Diversity & Inclusion Strategy and Action Plan was launched in June 2021 confirming the organisation’s commitment to being a diverse and inclusive organisation.

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