South Australian Current Acts South Australian Current Acts (1) Information that
is classified by the Commissioner of Police as criminal intelligence for the
purposes of granting an approval under section 34(4)(e) or making an
order under section 85A(1)(b), or in connection with providing
information under section 85CB, may not be disclosed to any person other
than the CE, the Minister, a court or a person to whom the Commissioner of
Police authorises its disclosure.
(2) If—
(a) the
CE—
(i)
refuses to grant an approval under section 34(4)(e);
or
(ii)
makes an order under section 85A(1)(b) excluding a
person from a correctional institution or institutions; and
(b) the
decision to do so is made because of information that is classified by the
Commissioner of Police as criminal intelligence,
the CE is not required to provide any grounds or reasons for the decision
other than that it was made in the public interest or that it would be
contrary to the public interest if the person were to be permitted to visit a
prisoner in, or enter, the correctional institution or institutions.
(2a) If the CE decides
to take action in relation to a relevant person (within the meaning of
section 85CB) after receiving information provided by the Commissioner of
Police in accordance with that section and the decision to do so is made
because of information that is classified by the Commissioner of Police as
criminal intelligence, the CE is not required to provide any grounds or
reasons for the decision other than that it was made in the public interest or
that it would be contrary to the public interest if the action were not to be
taken.
(3) In any proceedings
relating to a decision of the CE to refuse to grant an approval under
section 34(4)(e) or an order of the CE under section 85A(1)(b), the
CE and the court before which the proceedings are being heard—
(a)
must, on the application of the Commissioner of Police, take steps to maintain
the confidentiality of information classified by the Commissioner of Police as
criminal intelligence, including steps to receive evidence and hear argument
about the information in private in the absence of the parties to the
proceedings and their representatives; and
(b) may
take evidence consisting of or relating to information so classified by the
Commissioner of Police by way of affidavit of a police officer of or above the
rank of superintendent.
(3a) In any
proceedings relating to a decision of the CE to take action in relation to a
relevant person (within the meaning of section 85CB) after receiving
information provided by the Commissioner of Police in accordance with that
section, the CE and the court before which the proceedings are being
heard—
(a)
must, on the application of the Commissioner of Police, take steps to maintain
the confidentiality of information classified by the Commissioner of Police as
criminal intelligence, including steps to receive evidence and hear argument
about the information in private in the absence of the parties to the
proceedings and their representatives; and
(b) may
take evidence consisting of or relating to information so classified by the
Commissioner of Police by way of affidavit of a police officer of or above the
rank of superintendent.
(4) The Commissioner
of Police may not delegate the function of classifying information as
criminal intelligence under this section except to a Deputy Commissioner or
Assistant Commissioner of Police.