There are very strict legislative protections relating to disclosure of information about complaints and reports made to the OPI. If, after reading the below, you are still unsure about how these protections operate, please call the OPI or seek independent legal advice.
Police complaints and reports
The Police Complaints and Discipline Act 2016 prevents someone from disclosing or publishing certain information about a complaint or report.
You must not disclose any information you receive from the OPI, the Internal Investigation Section (IIS) or SA Police in relation to a complaint, report, assessment or investigation under the PCD Act.
You must also not publish or cause to be published the fact that someone has made (or intends to make) a complaint, or a particular person is the subject of a complaint.
This includes publishing in newspapers, on radio, television, the internet or other forms of social media, or at public meetings.
Breaching this obligation is a criminal offence under the PCD Act and can attract a fine or a prison sentence.
Under the PCD Act, you are allowed to:
- tell another person that you have made a complaint or report (in general terms)
- make a complaint or report to another agency or person (as long as you don't disclose any information you may have received from OPI, the IIS or SA Police)
- disclose correspondence you receive from the OPI, the IIS or SA Police for the purpose of obtaining legal advice/representation or obtaining medical or psychological assistance
- seek authorisation from OPI to disclose the information.
