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Annual report 2017-18 - Section B

Section B: Reporting required under any other act or regulation

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 comes 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 police 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 of 1 July 2017 to 30 June 2018:

Section 52A(3)

A senior police officer may authorise the exercise of powers under this section in relation to a public place. There were 36 authorisations granted by senior police officers pursuant to section 52A.

Locations:

  • Port Augusta Cup, Port Augusta
  • Aldinga Shopping Centre, Aldinga
  • Colonnades Shopping Centre, Noarlunga Centre
  • Balaklava Racecourse, Balaklava
  • Hindley Street, Adelaide and surrounds
  • Victor Harbor CBD, Victor Harbor
  • Hutt Street, Adelaide
  • Hot Dub Wine Machine, McLaren Vale
  • NorthTerrace, Adelaide and surrounds
  • Operation Schoolies, Victor Harbor, Middleton, Port Elliott and Goolwa
  • Parabanks Shopping Centre, Salisbury
  • Mobilong Prison, Mobilong
  • Henley Square, Henley Beach
  • Serafino Wines, McLaren Vale
  • FOMO, Music Festival, Elder Park, Adelaide
  • Sounds by the River, Mannum
  • Tunarama Festival, Port Lincoln
  • Laneways Music Festival, Wills Street, Port Adelaide
  • Port Augusta Prison, Port Augusta
  • Adelaide Parklands Terminal, Keswick
  • East City Precinct, Rundle Street, Adelaide
  • HiddenMusic Festival, Watson Terrace, Whyalla
  • Groovin’ the Moo, Wayville Showgrounds, Wayville
  • Noarlunga Centre CBD, Noarlunga Centre.

Drug Transit Route Deployments - Section 52B(1)

There were 18 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:

  • Augusta Highway, Merriton
  • Eyre Highway, Ceduna
  • Glenelg River Road, Donovans
  • Sturt Highway, Yamba
  • Victor Harbor Road, Mount Compass
  • Hindmarsh Road, Victor Harbor
  • Eyre Highway, Kimba
  • Port Wakefield Road, Port Wakefield
  • Lincoln Highway, Whyalla
  • Dukes Highway, Coonalpyn
  • Stuart Highway, Marla
  • Stuart Highway, Coober Pedy.

Overall, there were 483 deployments where teams operated under section 52A and section 52B in the following areas:

Controlled Substances Act 2017-182017-18

Section 52A(2)(a) – Licensed Premises

198

Section 52A(2)(b) – Public Venues

20

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

187

Section 52A(2)(d) – Public Place

60

Section 52B(1) – Drug Transit Route

18
Total483

There were 2 715 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 2 715 indications there were 485 detections, 1 727 ‘residual admits’ and 507 ‘residual denies’. Of the 485 detections, 453 resulted in an arrest/report, drug diversion and/or cannabis expiation notices.

Total seizures during the Passive Alert Detector Dog (PADD) deployments under section 52A and section 52B were approximately 183.5 ecstasy tablets, 2.51 kilograms of cannabis, 44.35 grams of amphetamine, 25.1 grams of cocaine, 0.5 gram of heroin and 142 pieces of drug paraphernalia.

Data for the previous years is available at: data.sa.gov.au

Disability Inclusion Act 2018

Section 14

(1) The Chief Executive must, on or before 31 December in each year, report to the Minister on the operation of the State Disability Inclusion Plan during the preceding financial year.

(2) The Minister must, within 6 sitting days after receiving a report from the Chief Executive, have copies of the report laid before both Houses of Parliament.

Section 17

(1) Each State authority must, on or before 31 October in each year, report to the Chief Executive on the operation of its disability access and inclusion plan during the preceding financial year (including a summary of the extent to which the disability access and inclusion plan has been implemented by the State authority).

(2) The Chief Executive must, on or before 31 December in each year, provide to the Minister a report summarising the reports received under subsection (1) in respect of the preceding financial year.

(3) A report under subsection (2) may be combined with a report under section 14(1).

(4)The Minister must, within 6 sitting days after receiving a report from the Chief Executive under subsection (2), have copies of the report laid before both Houses of Parliament (and, if the report is combined with a report under section 14(1), then the requirement of this subsection will be satisfied on the report being laid before Houses of Parliament in accordance with that section).

SAPOL’s Disability Access and Inclusion Plan (DAIP) 2017-2020 was launched on 5 July 2017 along with a significant communication strategy delivered to all employees. The structure of the DAIP aligns with the specified outcomes under the South Australia Government’s DAIP strategy.

Work has commenced on implementing the actions outlined in the DAIP. In 2017, the SAPOL Executive Leadership Team approved the establishment of a Diversity and Inclusion Branch to oversee and focus on the priorities and actions of the DAIP.

Some actions, which support the DAIP, are already underway and include:

  • A Flexible Work Team has been established to support SAPOL’s commitment to an 'If Not, Why Not' approach to flexible working arrangements;
  • The Police Volunteer Manual was reviewed in May 2018. The manual specifies that volunteers have the right to be interviewed and engaged in accordance with equal opportunity and anti-discrimination legislation. This includes an interview process for volunteers which enables applicants and interviewer to discuss any special requirements that applicants may have;
  • People with cognitive or communication impairment face numerous barriers when participating in investigative interviews with police. SAPOL has recognised the interviewing of vulnerable witnesses is a highly complex task and specialist skills are required where the purpose is to elicit accurate and detailed information. Such interviewing requires highly specialised training. Priority Action 2.11 of the Disability Justice Plan called for the provision of specialist training for the interviewing of vulnerable persons. The acquisition of specialist training across government was through a tender process and the successful applicant was Professor Martine Powell from the Centre for Investigative Interviewing.

Since 2016 SAPOL have enrolled 132 members with 96 having successfully graduated to date and 36 currently completing studies. The training has improved investigative interviewing skills of members across the organisation by enabling them to obtain comprehensive and reliable testimonies from vulnerable witnesses. It has also been instrumental in removing communication barriers for persons with a disability and children affording them their right to dignity, respect and a voice when accessing the justice system.

  • SAPOL have collaborated with the Legal Services Commission on their new legal education resource ‘Rights on Show’ about key rights when first making contact with the police and the criminal justice system. The resource was specifically made for people with intellectual disability and cognitive impairment who may have complex communication needs.

In the coming year, SAPOL’s Diversity and Inclusion Branch will advise and collaborate with stakeholders both within SAPOL and externally to continue the implementation of the DAIP.

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.

There were 168 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 2017 to 30 June 2018.

Hydroponics 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 Regulations2017-18
Apprehension reports0
Offences0
Expiations0

Note: The Act only relates to retail businesses; only wholesale stores exist in South Australia, wholesale sales are not captured under the Act.

Data for the previous years is available at: data.sa.gov.au

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.

This report refers to applications made to the Commissioner for Licensing and Gaming for the review of barring orders issued to persons on welfare grounds or those exceeding one month.

There were no orders made pursuant to section 128C(8) of the Liquor Licensing Act 1997 for the period 1 July 2017 to 30 June 2018.

Data for the previous years is available at: data.sa.gov.au

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.

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 (PSOs) 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.

In June 2011 seven 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.

These assets were assessed as CI-HR 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 Level 2 PSOs 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 to have assets designated as CI-HR with affected agencies required identifying any resource or costing pressures through that process in Cabinet submissions to Emergency Management Council. No submissions are underway at this time.

PSSB comprises 140 FTE (124 PSOs, 11 non-sworn and 5 sworn).

Section

Description

Level

Number

Total

Physical Security Section

Protective Security Supervisors

PSO3

5

 

Protective Security Officers 1st Class

PSO2

40

 

Protective Security Officers

PSO1

50

95

Security Control Centre

Supervising Operators

PSO3

5

 

Operators

PSO2

24

2

There have been a total of 40 incidents of a relatively minor nature at designated CI-HR sites that required PSOs to exercise authorities under the Act.

There have been no incidents of significance involving PSOs.

Data for the previous years is available at: data.sa.gov

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).

There were a total of 578 496 driver screening tests conducted for the period of 1 July 2017 to 30 June 2018.

Of those, pursuant to section 47E there were 313 545 mobile driver screening tests conducted.

Data for the previous years is available at: data.sa.gov.au

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)

2017-18

STIN 1 issued

4

STIN 1 completed

4

STIN 2 issued

3

STIN 2 completed

3

Withdrawal of Consent (PD259)

0

Community service hours for STIN 2 offence

49

Apologies required for STIN 1 offence

0

Apologies required for STIN 2 offence

0

Apprehension Reports for breach

0

Apprehension Reports for subsequent breach

0

Data for the previous years is available at: data.sa.gov.au

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.

S21 Summary Offences (Weapons) Amendment Act 2012

2017-18

Number of weapons prohibition orders issued under section 21H

2

Number of weapons prohibition orders revoked under section 21H

6

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 the previous years is available at: data.sa.gov.au

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.

S72A(7) Summary Offences (Weapons) Amendment Act 2012

2017-18

Number of declarations made under subsection (4)

59

Number of metal detector searches carried out

756

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

508

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

*5

Within these 59 authorisations, there was 1 authorisation made pursuant to subsection (4) (declared public event):

  • Adelaide Oval Big Bash League (Cricket) 2 February 2018.

Data for the previous years is available at: data.sa.gov.au

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.

There were no authorisations under subsection 3 where Special Powers to Prevent Serious Violence were granted in the reporting period of 1 July 2017 to 30 June2018.

Data for the previous years is available at: data.sa.gov.au

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 2017 to 30 June 2018 included:

S83C(6) Summary Offences Act

2017-18

No. of authorisations issued*

129

  

Grounds for issue of authorisations:

Deceased person believed in premises section 83C(1)

35

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

94

  

Information reported:

Deceased

37

Attempt Suicide / Person Detained (Mental Health Act)

15

Drug / Alcohol Overdose

0

Concern Occupant Deceased

0

Premises Empty / Unoccupied

20

Medical / Other Assistance Not Specified

57

No Medical Attention Required

0

Missing Person – Welfare Grounds

0

  

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)

1

* 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.

Data for the previous years is available at: data.sa.gov.au

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.

There were no authorisations issued pursuant to section 83BA of the Summary Offences Act 1953 relating to the overcrowding at public venues for the period 1 July 2017 to 30 June 2018.

Data for the previous years is available at: data.sa.gov.au

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 of State Development, Department of Planning, Transport and Infrastructure, South Australia Police and TAFE SA.

Section 7: 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.

All SAPOL employees have ready access to information of the Carers Recognition Act 2005 (SA) and the Carers Charter through a link on the SAPOL Diversity and Inclusion Branch intranet page.

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 disability. The training also contains information on the Carers Charter and the Act, and information on SAPOL’s Disability Access and Inclusion Plan. In consultation with other justice agencies, the training continues to undergo an in depth review to ensure the content is contemporary and relevant; once this review is complete, all employees will be required to repeat the training program. Online Disability Awareness training was undertaken by 306 SAPOL employees between 1 July 2017 and 30 June 2018.

SAPOL’s Police Recruit Training Program, Constable Development Program and the Promotional Qualification Framework also incorporate disability management training. Further, reference is also made to the Act in the Public Sector employee induction handbook which informs new public sector staff that all officers, employees or agents should have an awareness and understanding of the Carers Charter and they should reflect the principles of the Charter in the performance of their duties.

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.

SAPOL’s Disability Access and Inclusion Plan 2017-20 includes a primary action to review policies and procedures to reduce barriers and enhance support for carers. Consultation is a key component of the review of policies and procedures and is foundational to this work being led by SAPOL’s new Diversity and Inclusion Branch.

Significant consultation has also taken place across SAPOL in the past 12 months through Project Equitas to develop, release, raise awareness and educate all employees on SAPOL’s new principles and policies on flexible work.

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

SAPOL’s flexible working arrangements (FWAs) have undergone significant review in the past 12months with the focus removed from employees making the case for FWAs, with the assumption now that a role can be undertaken more flexibly unless a manager/supervisor can demonstrate otherwise. In turn, employees are supported to think creatively about how they can make FWAs 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.

In addition, requests for flexible work are now managed centrally and do not require employees to provide a reason for seeking flexibility.

These broad enhancements support those employees who are carers, providing them with confidence that any request for an FWA will be considered positively.

More broadly, SAPOL’s Employee Assistance Section provides counselling support to all SAPOL employees for a range of reasons when sought, including issues relating to relationships, stress management and work difficulties. An external consultancy support service is also available to employees on issues that impact on their well-being.

SAPOL’s flexible work arrangements, ongoing training, actions under the Disability Access and Inclusion Plan 2017-2020, and support available through the Employee Assistance Section demonstrate SAPOL’s commitment to supporting carers and align closely with the intent of the Carers Charter.

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