Cloak of secrecy’: Fresh calls to change SA Police complaints secrecy laws
Days after SA Police invoked secrecy laws over our top cop’s firearm mishap he has admitted “it was me”, with leaders now calling for urgent review.
Police & Courts
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The state’s top cop has sensationally revealed he is under investigation for accidentally firing his gun during a drug raid, days after SA Police invoked gag laws that had kept his identity secret.
The Sunday Mail reported a senior officer had fired his weapon but was unable to reveal Mr Stevens’ identity – if it had done so it could have been fined $150,000 and prison sentences applied.
The historic investigation into Police Commissioner Grant Stevens is just the latest to be shielded from public view under South Australia’s draconian secrecy laws.
The Police Complaints and Discipline Act places all police complaints under blanket secrecy orders, meaning all details or reference to such inquiries are banned from publication.
Under the law, created in 2016, a person may not publish anything “tending to suggest that a particular person is, has been, may be, or may have been, the subject of a complaint, report, assessment or investigation”.
They may also not publish information that might enable the identification of a complainant.
Permission must be sought from Commissioner Grant Stevens, the Independent Commissioner Against Corruption or the Office for Public Integrity.
Any breach of the restrictions attracts a maximum $150,000 fine for corporations or media outlets, and $30,000 for individuals.
Those restrictions are not enforced in interstate jurisdictions.
Trials arising from police disciplinary complaints are heard in the District Court building, but not as part of that jurisdiction.
The Police Disciplinary Complaints Tribunal is its own, separate jurisdiction, though usually presided over by a judge or magistrate.
While the tribunal’s matters are listed on the Courts Administration Authority’s daily case list, they do not contain the names of accused officers.
Instead they are listed as “an officer”, the courtroom is closed to both the general public and media, and tribunal decisions are not published as are other court judgments.
It is only if a disciplinary matter is determined to be an alleged criminal offence, and the officer is charged by either SA Police or the Office of the Director of Public Prosecutions, that it becomes a publicly-heard case in either the Magistrates or District Court.
Independent MP Frank Pangallo says the Malinauskas Government and Police Association are protecting officers behind a “cloak of secrecy” and ignoring reform.
He accused the government of ignoring all recommendations from a parliamentary integrity committee and said he will introduce amendments, arguing the public deserves transparency while police continue to investigate themselves.
“I am not confident in the process where police still investigate themselves, and that was made clear in an ICAC review by Judge Lander 10 years ago,” he said.
“So, let’s see how serious the Premier really is about accountability because so far, his government has not shown much interest. It is all about cover up.”
Shadow Minister for Police Jack Batty said the Liberals were open to reviewing the operation of the Act to “ensure it strikes the right balance between individual privacy and institutional accountability.”
“South Australians deserve to know what’s happening in their police force — and freedom of information is vital to a healthy democracy,” he said.
The Advertiser also asked to talk to Police Minister Stephen Mullighan about possibly reforming Act, but his office said he was unavailable due to illness.
In his place, a government spokesman said: “The Government is not currently developing any legislation to amend the Police Complaints and Discipline Act.”
The Police Association of South Australia declined to comment on secrecy within SA Police.
Timeline of mounting SA Police secrecy concerns
2020: A female constable was forced to transfer to a different station and said she was treated horrifically after complaining about inappropriate behaviour from a senior officer who pushed her down onto a bed during a weekend away in 2020.
Neither of the officers were able to be identified due to the Act, but they were both at a weekend away, with other police, where alcohol was being consumed when the incident happened.
The victim criticised the internal investigation, however, when it appeared before the court in 2022, the judge determined the nameless senior officer’s punishment of demotion – reducing the officer’s yearly wage by about $20,000 – a 13 month transfer, and an official recorded reprimand, was excessive.
The matter of punishment was remitted back to SA Police to be dealt with.
March 2022: The SA Civil and Administrative Tribunal accused SA Police of misusing secrecy provisions to conceal misconduct that could damage the force’s reputation.
January 2023: SA Police began publishing limited disciplinary summaries online in 2023 after growing criticism, but the names of officers are withheld and many entries lack detail, including ages and genders.
March 2023: Deputy commissioner and Adelaide Football Club deputy chair Linda Fellows was subjected to a secret investigation into Adelaide Oval alcohol sales in 2023.
Ms Fellows was accused in parliament of a conflict of interest over a controversial can permit at the Riverbank arena.
While Ms Fellows was cleared of any wrongdoing following the secret investigation, Acting Commissioner at the time, Linda Williams, granted special permission to publicise the inquiry’s usually secret findings.
September 2023: Politicians called for an overhaul of the Act following a 15-month inquiry by the Crime and Public Integrity Policy Committee.
November 2023: A man in his 60s was tasered and pepper-sprayed at a residential car facility in late 2023, ultimately resulting in the standing down of two officers from operational duty.
The two SA Police officers were subjected to a criminal and disciplinary investigation and a commissioner’s inquiry into the incident, though no criminal charges were laid.
CCTV footage of part of the arrest was published, prompting police to issue a warning to media publications of breaching the Police Complaint and Discipline Act.
Just one day later, SA Police released the vision with a statement acknowledging the police commissioner had authorised its publication in the public interest.
January 2024: Freedom of Information documents revealed more than $3.5 million in taxpayer-funded payouts to settle civil claims against SA Police for illegal arrests, unlawful searches and false imprisonment.
June 2024: Commissioner Stevens released data showing 17 officers were disciplined over the previous year for misconduct, including dodgy insurance claims and failing to help a cyclist hit by a patrol car.
December 2024: Police Association president Wade Burns – son of former police commissioner Gary Burns – was reinvestigated over bombshell allegations of indecent assault against a female SA Police employee in an Adelaide nightclub in 2017.
The allegations — which Mr Burns has previously labelled “false” — were first aired by Independent MP Frank Pangallo in parliament last year.
An investigation following the incident resulted in no charges laid on Mr Burns, however, Mr Pangallo’s claims reopened the inquiry in December.
The Police Complaints and Discipline Act prevented any further information from entering the public domain.
May 2025: In May a police officer was cleared of allegations of excessive force during an arrest at Davenport last year where a man was thrown against a wall and dragged across a concrete driveway.
However, the officer was found to have used unprofessional language during the incident.
SA Police launched an internal inquiry, overseen by the Office of Public Integrity, into the incident after receiving a complaint. Commissioner Stevens authorised the publication of the matter after deeming it in the public interest, otherwise it would have remained a secret under the Act.
The police officer resigned from SA Police following the arrest. A police spokesperson said at the time it was not due to the incident or inquiry.
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