South Australian Law Reform Institute
The South Australian Law Reform Institute, based at the Adelaide Law School, is formed by an agreement between the Attorney-General of South Australia, the University of Adelaide and the Law Society of South Australia.
Reform of SA abortion laws
The independent South Australian Law Reform Institute (SALRI) based at the Adelaide University Law School has now completed its report (bar last editing) arising from its reference from the State Government to examine South Australia's laws relating to abortion. This has proved a major project with extensive research and consultation and SALRI heard from over 3000 parties, including consideration of interstate jurisdictions and legislation. SALRI is grateful for the input and comments it received and thanks all parties who took part. SALRI's report has now been provided to the Attorney-General for the Government's consideration. SALRI's final report will be publicly released in due course.
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Review of the common law forfeiture rule
See our Fact Sheet for some general Background Information on this project, including the Consultation Questions.
The consultation period has now closed and a report is currently being prepared.
Report released which clarifies and recommends improvements to the current system, in order to most appropriately allow and facilitate lawful domestic surrogacy for South Australians.
The Report makes a total of 69 recommendations which clarify and improve the current system to most appropriately allow and facilitate lawful domestic surrogacy for South Australians and, crucially, to protect the best interests of a child born as a result of surrogacy.
The government has developed a draft Surrogacy Bill 2018, reflecting some of the recommendations in SALRI 's report. Further information is available on the SA Government’s YourSAy site.
The functions of the institute are:
- To conduct reviews and/or research on areas of law and legal policy specified by the Advisory Board;
- To conduct these reviews and/or research, where appropriate on a consultancy basis;
- To conduct reviews and research on proposals from the Attorney-General with a view to:
- the modernisation of the law;
- the elimination of defects in the law;
- the consolidation of any laws;
- the repeal of laws that are obsolete or unnecessary; and
- uniformity between laws of other States and the Commonwealth.
- To provide reports to the Attorney-General or other authorities on the outcomes of reviews and/or research and to make recommendations based on those outcomes;
- To work with law reform agencies in other states and territories on proposals for reform of the laws in any other jurisdiction or within the Commonwealth; and
- To recommend to Government on the basis of detailed and impartial research.
Sources for institute's work
The Advisory Board can receive proposals to undertake projects from the following bodies:
- The Attorney-General;
- The University of Adelaide;
- The South Australian judiciary;
- The Legal Services Commission;
- The Law Society of South Australia;
- The South Australian Bar Association; and
- Other representative organisations having standing in the community.
In determining which projects to undertake the Advisory Board will:
- Take into account whether there are sufficient resources available including funds to cover the cost of the Institute undertaking the project, time frames for completion and the expected outputs of the project;
- Consider the importance of the project to the administration of justice in the State of South Australia; and
- Consider giving priority to such matters as may be identified by the Attorney-General as requiring legal research and advice from time to time.
History of Law Reform in South Australia
South Australia has had a long history of law reform. Its own constitutional arrangements including recognition of Indigenous Australians, rights for women and the Torrens system of land registration are just some examples.
In the 1960s South Australia had, with Justice Howard Zelling as its Chair, a Law Reform Committee. Operating from 1968 to 1987 it produced 106 reports on various topics ranging from the Oaths Act, 1936 to Section 17 of the Wills Act, 1936-1966.
In December 2010 the Attorney-General of South Australia, Vice Chancellor of the University of Adelaide, President of the Law Society of South Australia, signed a memorandum of understanding establishing the South Australian Law Reform Institute at the University of Adelaide.
The South Australian Law Reform Institute, and its members, will play a key role in improving the administration of justice in South Australia. The Institute will help modernise, simplify and consolidate laws and the administration of the justice system and, in doing so, improve access to justice for the community.Attorney-General of South Australia, Mr John Rau
- LGBTIQ Audit Report 2015
- LGBTIQ Audit Report Appendix 1 Audit Table of SA Legislation
- LGBTIQ Audit Report Appendix 2 Submissions Received
- LGBTIQ Audit Report Appendix 3 Fact Sheets
- LGBTIQ Audit Report Appendix 4 Reforms in Other Australian Jurisdictions
- LGBTIQ Audit Report Appendix 5 Consultations Undertaken
- LGBTIQ issues Paper on exemptions to unlawful discrimination on the grounds of gender identity, sexual orientation and intersex status under the Equal Opportunity Act 1984 (SA).
- LGBTIQ Report on exemptions to unlawful discrimination on the grounds of gender identity, sexual orientation and intersex status under the Equal Opportunity Act 1984 (SA).
- LGBITQ Report on laws regulating sexual reassignment and registration of sex and gender.
- LGBTIQ Report on equal recognition of relationships and access to existing laws relating to parentage, assisted reproductive treatment and surrogacy
- LGBTIQ Report - Provocation: Stage 1
- LGBTIQ Report - Provocation: Stage 2
- Homicide sentencing: Background research paper
- Family inheritance background paper
- Family inheritance factsheet 1 - Background information
- Family inheritance factsheet 2 - Policy behind family provision
- Family inheritance factsheet 3 - Testamentary freedom
- Family inheritance factsheet 4 - Making a claim
- Family inheritance factsheet 5 - Further criteria
- Family inheritance factsheet 6 - Timing and costs
- Family inheritance factsheet 7 - Notional estate and clawback provisions
- Family inheritance legal experts roundtable report Adelaide
- Family inheritance legal experts roundtable report Berri
- Family inheritance legal experts roundtable report Mount Gambier
- Family inheritance summary list of consultation discussion questions
- Family inheritance report - Family Provisions Laws in SA
Succession Law: Will register
Succession: Missing persons
Succession: Who may inspect a will
Succession: Small deceased estates and minor succession law disputes
Succession: Surety guarantees
Witness oath and affirmation
- Issues Paper 3 - Witness oaths and affirmations
- Oaths and affirmations questionnaire to accompany Issues Paper 3
- Final Report 3 - Witness oaths and affirmations
- Oaths and Affirmations Final Report Appendix 1 Issues Paper
- Oaths and Affirmations Final Report Appendix 2 Submissions received
- Oaths and Affirmations Final Report Appendix 3 Bibliography
SALRI Annual Reports
Law Reform useful links