SALRI in 2024: Another busy year of law reform
SALRI staff presenting its Suppression Orders Report to the Attorney-General, the Hon Kyam Maher MLC
The South Australian Law Reform Institute (SALRI) is an independent nonpartisan law reform body based at the University of Adelaide Law School.
SALRI staff at the UniHub Spencer Gulf
Established in December 2010, SALRI has had considerable output and impact in South Australia and wider over its now 14 years of operation. SALRI is ably assisted by its expert Advisory Board and the linked Law Reform class who play a valuable role to inform and support SALRI’s work. In 2024, SALRI had another productive and fruitful year.
As part of its crucial ongoing engagement with regional and Indigenous communities, SALRI visited Clare, Jamestown, Port Pirie, Mt Gambier and Naracoorte during 2024. SALRI was made welcome on these trips and thanks all who contributed.
Review of the Mental Health Act
In 2023, SALRI completed its independent review of the operation of the Mental Health Act 2009, with its Report being publicly released on 13 April 2023. The authors were Olga Pandos, Professor John Williams, Associate Professor David Plater, Anita Brunacci, Dr Michaela Okninski, Elaine Marinas, Isabella Quek, Rachel Tan, Divya Narayan and Sofia Arlotta. The Report made a total of 61 recommendations to reform law and practice, as well as 11 suggestions regarding key issues recurring throughout consultation that fell outside the formal terms of reference of the review.
In early 2024, SALRI provided its comments on the development of a new Mental Health and Wellbeing Act in response to a Discussion Paper circulated by the Chief Psychiatrist in response to SALRI's review of the operation of the Mental Health Act 2009 (SA). The Discussion Paper indicated the bulk of SALRI's suggestions were supported. SALRI reiterates its appreciation to Olga Pandos for her work on this project as lead researcher.
Succession Act coming into effect
The landmark Succession Act 2023 is due to commence operation on 1 January 2025. The Act is a huge and historic update to succession law (including removing references to King Charles II who died back in 1685!). The Act incorporates no fewer than seven past SALRI reports going back over a decade and implements 107 of SALRI's 113 recommendations over these seven reports. SALRI acknowledges and thanks the many contributors to this project as well as the financial support of the Law Foundation of South Australia Inc. who funded a large proportion of this work. SALRI particularly acknowledges the contribution to this important project by the late Helen Wighton, SALRI’s founding Deputy Director.
Supported Decision-Making Framework
This project examines the needs and priorities of people with impaired decision-making. Under current law and practice, often another person is making their decisions for them. Consequently, individuals with impaired decision-making often face barriers in making their own decisions and participating fully in society. A suitable framework for supported decision-making will limit the opportunity for exploitation, enhance an individual’s autonomy and ability to contribute to the community, achieve goals and lead a fulfilling life, regardless of age, disability or other impairments. This review includes the emerging role of a micro board as an alternative to present options such as a Power of Attorney or guardianship which are often seen as a blunt option. This review draws on the work of the recent Disability Royal Commission.
SALRI was successful in obtaining grant funding from the Law Foundation of South Australia Inc in its September 2023 grant round for this project. SALRI reiterates its thanks to the Law Foundation for its financial support.
SALRI notes the valuable input during the year of Dr Mark Giancaspro, Associate Professor Beth Nosworthy, Dr Peta Spyrou, Associate Professor Sylvia Villios, Brooke Washusen, Emily Conroy and Simon Headland.
There has been extensive interest and input to this project and considerable progress has been made. SALRI expects to complete this project and publicly release its report in mid-2025.
Review of the Real Property Act
SALRI has been asked to undertake a review of the venerable Real Property Act 1886 (SA) at the request of the State Minister for Planning, the Hon Nick Champion MP, via the Attorney-General, the Hon Kyam Maher MLC. This review is notable as South Australia is the inventor of the famed Torrens system of land registration.
SALRI was asked to undertake a review of the operation of the Act with a view to modernising the law in South Australia and adopting best practice reforms. The focus is to make sure the Act remains effective and efficient. SALRI is examining a range of issues, including the role of indefeasibility of title and possible exceptions; electronic conveyancing; registerable interests; equitable interests and the utility of caveats; the utility of adverse possession (‘squatters rights’); and, drawing on its past work, how best to address the real issue of fraudulent transactions involving land, including those under the Powers of Attorney and Agency Act 1984 (SA) and the Family Law Act 1975 (SA).
The review is drawing on the current ‘Modernising the Real Property Act 1886 (SA)’ project being carried out by Professor Paul Babie and Professor Peter Burdon (funded by the Law Foundation of South Australia). SALRI also notes the valuable input of Professor Babie and Professor Burdon, Associate Professor Sylvia Villios, Brooke Washusen, Michail Ivanov and Anita Brunacci as well as of the Law Society and the Project Reference Group.
Con Costi, David Plater, Brooke Washusen and Paul Babie at Law Society CPD session on SALRI’s Real Property Act review
SALRI also notes the valuable input of Professor Babie and Professor Burdon, Associate Professor Sylvia Villios, Brooke Washusen, Michail Ivanov and Anita Brunacci as well as of the Law Society and the Project Reference Group.
Considerable progress has been made during 2024 on this major project. A final report, with findings and recommendations, is due to be delivered to the Minister for Planning and the Attorney-General on or before 31 March 2025.
On 21 October 2024, Associate Professor David Plater, Professor Paul Babie, Con Costi and Brooke Washusen presented a CPD session on SALRI’s Real Property Act review for the Law Society of South Australia.
Update: Suppression Orders
In 2024, SALRI completed its major review into the role and operation of suppression orders in South Australia. This Report drew on SALRI’s wide research and engagement, including trips to Port Augusta, Clare, Port Pirie and Mt Gambier. The final report was released in early May 2024 and found that the current law is 'about right’; recommending discrete changes to laws and surrounding administration practices, as opposed to substantive reform. The project was funded by the Law Foundation and enjoyed the support of the Chief Justice and the courts. The project was led by Jemma Holt with considerable contribution from the Hon Geoff Muecke. The co-authors were David Plater, John Williams, Yasmin Ilhan, Lisa Cooper, Olivia Gerhardy, Taylor Portelli, Gemma De Nichilo, Sarah Klimek and Elaine Marinas. SALRI acknowledges the many parties who kindly contributed to this important project in different ways, including the Law Commission of England.
Assoc Prof David Plater, Jemma Holt and the Hon Geoff Muecke at the all-party Parliamentary briefing on Suppression Orders
On 31 May 2024, Jemma Holt presented on the findings and recommendations of the South Australian Law Reform Institute’s recent suppression orders report to the Magistrates’ Judicial Development Conference. She presented alongside her Honour Justice McIntyre and the Hon Geoff Muecke, as part of a panel session chaired by Magistrate Alison Adair.
On 17 October 2024, Associate Professor David Plater, Jemma Holt and the Hon Geoff Muecke were introduced by the Attorney-General, the Hon Kyam Maher MLC and the Shadow Attorney-General, Josh Teague MP, for an all-party presentation at Parliament on SALRI’s impartial non-partisan role, the Law Reform class and especially the recent SALRI Suppression Orders Report.
Engagement
SALRI took part during the year in promoting ongoing law reform links with law reform bodies in both Australia and overseas as well as numerous community, industry and professional events.
On 2 July 2024, Associate Professor David Plater presented at the 2024 Annual Conference of the Australian Historical Association at Flinders University. His presentation was titled ‘Virtually Outlaws in their Native Land which they have never Alienated or Forfeited’: The ‘Incompetence’ of Aboriginal Witnesses in 19th Century Colonial Australia: Home Truths.
On 23 July 2024, Associate Professor Sylvia Villios, Divya Narayan and Anita Brunacci presented on SALRI’s Powers of Attorney and Adult Safeguarding Reports at the 2024 Australian Elder Abuse Conference in Adelaide.
In August, SALRI was nominated in the Law Society of South Australia’s prestigious legal profession awards, Justice Award category, for outstanding contribution to improving fair and equal access to justice in South Australia.
On 27 November 2024, Emily Conroy, recent Law Reform student and Adelaide law graduate and SALRI researcher, at the invitation of Professor Jonathon Doak, presented 'Voices from all Corners' at the Nottingham Law School on SALRI's role and work and the Law Reform class and how genuine consultation, notably with Indigenous communities, is integral to modern law reform.
SALRI staff, Law Reform students and guest presenters Hon John Rau and Hon Geoff Muecke at end of year dinner
Thank You
SALRI acknowledges the tireless contribution of Louise Scarman to its work and thanks the many parties and individuals who generously contributed in various ways to its important work and the Law Reform class, and looks forward to another fruitful year in 2025.
Study law
Explore the Adelaide Law School experience and your study options for a career in law.