South Australian Law Reform Institute
The South Australian Law Reform Institute (SALRI), 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.
Please note: SALRI is an independent nonpartisan law reform body and is unable to give legal advice. The acceptance or otherwise of any recommendation contained in any report released by SALRI is solely at the discretion of the State Government and Parliament. SALRI is unable to answer any query relating to the acceptance or otherwise of any of its recommendations and does not undertake any independent advocacy in regard to the recommendations contained in its reports.
The independent South Australian Law Reform Institute (SALRI) based at the Adelaide Law School, University of Adelaide has released a major report into the forfeiture rule that stops an unlawful killer profiting or inheriting as a result of their crime.Read more about Thou shall not kill and inherit?
2019 proved another busy and productive year for the South Australian Law Reform Institute (SALRI). SALRI looks forward to another busy and productive year in 2020 and would like to thank all who kindly contributed to its work and the Law Reform.Read more about 2019 and the year ahead
Thou Shall Not Kill and Inherit?
The independent South Australian Law Reform Institute (SALRI) based at the Adelaide University Law School publicly released today its major Report into the common law forfeiture rule in unlawful homicide. SALRI’s Report, whilst acknowledging the sound policy behind the law, makes a total of 67 recommendations for reform of the present law, including a standalone Forfeiture Act.
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
Once reports are prepared and released by SALRI, any future use of them, including the acceptance / implementation or otherwise of any recommendations, is outside of SALRI's control and SALRI does not undertake any advocacy on the matters contained within its reports.
Provocation (as part of wider LGBTIQ reference)
- 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
- 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