South Australian Law Reform Institute

After thoroughly reviewing existing laws, SALRI’s review found significant improvements are appropriate to facilitate supported decision-making and ensure South Australia’s legal system better supports people with impaired decision-making capacity.

You can access a range of project materials, including the report and a series of fact sheets, via the link below.

The South Australian Government requested SALRI to review the Mental Health Act to ensure the law balances rights, treatment needs, and international standards. The review made various recommendations to promote the rights of patients and strengthen the State’s mental health framework.

You can access a range of project materials, including the report and a series of fact sheets, via the link below.

SALRI has previously examined the role and operation of suppression orders. There is a strong premise behind open justice and transparency in what happens in the courts, but also longstanding recognition this cannot be an absolute rule and must be qualified in some circumstances. 'Open justice is not open slather.' SALRI’s report made various recommendations to clarify and improve the use of suppression orders in South Australia.

You can access a range of project materials, including the report and a series of fact sheets, via the link below. 

Following an extensive review, SALRI recommended a series of reforms to modernise South Australia’s land laws. The review addressed contemporary challenges including the current housing crisis, the growing role of technology in property transactions, the increasing prevalence of 'granny flat' interests and the need to better address the scope for fraud and misuse. 

You can access a range of project materials, including the report and a series of fact sheets, via the link below.

SALRI was commissioned by the State Government to examine the complex issue of abortion. Following extensive, independent and multidisciplinary research and consultation, SALRI delivered a report that acknowledged the many views and sensitivities involved and concluded that abortion should be treated as a health issue rather than a criminal law issue. SALRI made 66 recommendations for changes to law and practice.

SALRI was requested to conduct an independent statutory review of the operation of the Ageing and Adult Safeguarding Act 1995 (SA) and to prepare a report to the Minister. The scope of this review was limited to the operation of the Act, with a focus on the extent to which the present Act is achieving its purpose(s) and any changes that could be made to clarify or improve present law and practice. This included any suitable changes to law and practice relating both to the Office for Ageing Well and the scope and powers of the Adult Safeguarding Unit.

This project was an examination of the rationale, role and operation of communication partners (‘CP’s) (also called intermediaries) in South Australia to assist persons with ‘complex communication needs’ to provide their best evidence in the justice system, both in and out of court. SALRI examined the role and effect of intermediary models in other jurisdictions and looked at integrally linked, but often overlooked, issues such as the role and operation of pre-trial ground rules hearings in cases involving a vulnerable party, the utility of the CP role outside criminal proceedings and the application of the CP role for persons with disability, older people and Aboriginal communities.

SALRI undertook a self-initiated review to examine the role and operation of enduring powers of attorney (EPAs) in South Australia. The report made a total of 120 recommendations for changes to law and practice to clarify and improve the use and operation of EPAs in this State.

The operation of the common law forfeiture rule prevents an unlawful killer from receiving profit or benefit as a result of their crime. However, although the underlying policy or rationale of the rule remains sound, SALRI concluded that the rule requires reform for reasons of clarity and fairness, making a total of 67 recommendations relating largely to the scope, operation and effect of the forfeiture rule. 

On 10 February 2015, the Governor of South Australia invited SALRI to ‘review legislative or regulatory discrimination against individuals and families on the grounds of sexual orientation, gender, gender identity, or intersex status’.

An initial audit determined that there are over 140 pieces of legislation that, on their face, discriminate against individuals on the basis of sex or gender diversity. 

A number of areas required further review, and separate reports were prepared, including laws regulating sexual reassignment and registration of sex at birth and change of sex; current laws governing legal parentage and surrogacy; the exemption regime under the Equal Opportunity Act 1984 (SA); and the partial defence of provocation (see separate reports on this aspect).

The complex issues surrounding the law of provocation, including sentencing, required further examination to enable SALRI to fully consider the retention, reform or repeal of provocation. A two-stage approach was therefore adopted. The Stage 1 Report sets out the further research SALRI conducted on the scope and operation of the law of provocation and related issues, with particular regard to its LGBTIQ and gender implications, and makes certain Recommendations (largely relating to the gay panic context, self-defence and family violence). The question of provocation in general and related matters such as sentencing practices for homicide offences, were covered in the Stage 2 Report.

SALRI was asked to consider an appropriate regulatory framework for surrogacy arrangements in South Australia under its review of Part 2B of the Family Relationships Act 1975 (SA).

There are many moral, legal, technical, medical and ethical issues that surround surrogacy and SALRI’s proposed reforms followed wide research and extensive community consultation, concluding that an updated and improved non-commercial system of domestic surrogacy be introduced to protect the interests of all parties, especially those of the surrogate child.

This report recommended that the current requirement for a third party guarantee for the administration of an intestate estate should be removed from the Administration and Probate Act 1919 (SA).

This final report , on whether South Australia should have a register of wills, was the second in SALRI’s review of succession law in South Australia.

This report, the third in SALRI’s succession law review, examined the administration of small deceased estates and minor succession law disputes.

About one third of people over the age of 18 in South Australia do not have a will, yet most of them have a spouse, children or other relatives and some estate to leave to them. In these circumstances the law of intestacy determines who gets what from the estate.

As part of SALRI’s review of succession law, this final report examined the law of intestacy and makes a total of 58 recommendations for changes to policy and technical aspects of the law.

The Attorney-General of South Australia, the Hon John Rau MP, invited SALRI to identify the areas of succession law that were most in need of review in South Australia, to review each area and to recommend reforms. This report examined the management of the affairs of a missing person.

This Report into South Australia's family inheritance laws recommended changes to give greater emphasis to the wishes of a will-maker, and prevent greedy family members from making undeserving claims against their relative's estate.

The report sought to distinguish between the deserving and the underserving, and drew on extensive research and consultation with interested parties and the community.

The Attorney-General of South Australia, the Hon John Rau MP, invited SALRI to identify the areas of succession law that were most in need of review in South Australia, to review each area and to recommend reforms. This report examined who may look at a will.

This Report detailed SALRI’s review of whether personal privacy would be better protected in South Australia if a statutory cause of action for invasion of privacy were enacted. Having considered the submissions received in response to its Issues Paper, as well the recent findings of other Australian law reform agencies and other research, SALRI made 34 recommendations in this Report.

This project involved an inquiry into whether the existing oaths and affirmations as administered to witnesses in Court are appropriate and required making recommendations concerning the adoption of new simpler forms of affirmations and/or oaths for use in South Australia.  The report considered whether procedures for swearing in a witness in Court could be simplified, discussed problems with the effectiveness of witness oaths and affirmations and offered alternatives for consideration.

The growth in the use of modern forms of technology, for example text messages, has led to an increased use of such evidence in court proceedings in both criminal and civil cases. An important aspect of modernising South Australian evidence law to deal with new technologies is to make the law clear and easy to use and, if possible, able to accommodate future changes in technology which society cannot yet contemplate. In this report, SALRI considered whether, and to what extent, South Australian evidence law should be modernised to deal with new technologies.