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.
Media releases
Review of laws to better support vulnerable people
The South Australian Law Reform Institute (SALRI) has commenced its consultation reviewing legal frameworks aiming to empower South Australian individuals with decision-making support needs. Input from community and interested parties is sought for this independent review.
Legal experts consult community on land laws
The State’s laws regarding land transactions are being reviewed by the independent South Australian Law Reform Institute (SALRI), which is based at the University of Adelaide, with interested parties and individuals welcome to provide input.
It’s not all about the numbers: no overhaul of suppression orders needed
After extensive consultation and review of existing laws, the independent South Australian Law Reform Institute (SALRI), based at the University of Adelaide, has found that suppression orders do not need major reform.
Latest news
SALRI in 2023: a fruitful year of law reform
With considerable output and impact over its 13 years of operation, 2023 has been another busy but productive and rewarding year for the South Australian Law Reform Institute (SALRI).
Read more about a fruitful year of law reformCollaborative Conversations in Law Reform
SALRI takes an active role to promote enhanced links and cooperation between Commonwealth and Australian law reform bodies. There are many common issues, themes and challenges in modern law reform and ample scope for fruitful cooperation.
Read more about Collaborative Conversations in Law Reform-
Objectives
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 simplification of 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 and active and inclusive consultation.
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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.
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Advisory board
- The Honourable Trish Kelly SC
- Mr Stephen McDonald SC
- Professor Judith McNamara
- Ms Jane Cox
- The Honourable Justice Tim Stanley
- Ms Aimee Travers
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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.
Law Reform Committee of South Australia Reports Archive (1968-1987)
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
Projects
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.
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Real Property Act review
- Fact sheet 1 - Background information
- Fact sheet 2 - Indefeasibility and the definition of registerable interest
- Fact sheet 3 - Equitable interests
- Fact sheet 4 - Restrictive covenants
- Fact sheet 5 - Bringing land under the Real Property Act 1886 (SA)
- Fact sheet 6 - Exceptions to indefeasibility
- Fact sheet 7 - Electronic conveyancing
- Fact sheet 8 - Encumbrances (including Caveats)
- Fact sheet 9 - Loss of property
- Fact sheet 10 - Interaction with powers of attorney and family law
- Fact sheet 11 - Interaction with bankruptcy law and commercial matters
- Consultation questions
- VIDEO: SALRI Property Law review
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Supported Decision Making
- Fact sheet 1 - Background
- Fact sheet 2 - Guiding principles
- Fact sheet 3 - Current frameworks
- Fact sheet 4 - Guardianship, administration and public trustee
- Fact sheet 5 - Current legal structures
- Fact sheet 6 - Microboards
- Consultation questions
- Participant information sheet (for individuals with lived experience / third parties) - Please read in conjunction with the relevant consent form below.
- Participant information sheet (for professionals) - Please read in conjunction with the relevant consent form below.
- Consent form (for individuals / professionals) - Must be completed and returned when making a submission.
- Consent form (for third parties) - Must be completed and returned when making a submission.
- VIDEO: SALRI SDM Community
- VIDEO: SALRI SDM Legal
- Media Release: Review of laws to better support vulnerable people
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Suppression Orders
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Mental Health Act review
- Report
- Mental health act review consultation questions
- Fact sheet 1 - Background information
- Fact sheet 2 - Capacity and supported decision-making
- Fact sheet 3 - Impatient treatment orders
- Fact sheet 4 - Community treatment orders
- Fact sheet 5 - Restrictive practice and control powers
- Fact sheet 6 - Electroconvulsive therapy
- Fact sheet 7 - SACAT and legal representation
- Fact sheet 8 - Role of SAPOL
- Fact sheet 9 - Guiding principles and accountability mechanisms
- Fact sheet 10 - Other issues
- Interim report - Mental Health Act review
- Media release: Views invited on mental health laws
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Ageing and Adult Safeguarding
- Report
- Summary list of consultation questions
- Fact sheet 1 background information to the review
- Fact sheet 2 office for ageing well
- Fact sheet 3 policy background to asu
- Fact sheet 4 principles and human rights
- Fact sheet 5 functions of the asu
- Fact sheet 6 definition of vulnerable adult
- Fact sheet 7 definition of abuse
- Fact sheet 8 interaction of current law with asus service model
- Fact sheet 9 capacity and consent
- Media release: Safeguarding laws in the spotlight
- Promotional video: Ageing and Adult Safeguarding
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Witness Competence
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Communication Partners
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Powers of Attorney
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Forfeiture Rule
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LGBTIQ
- 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
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Abortion
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Provocation and Other Defences (as part of wider LGBTIQ reference)
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Surrogacy
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Succession:Family inheritance
- 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 Bill 2023
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Succession: Intestacy
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Succession Law: Will register
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Succession: Missing persons
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Succession: Who may inspect a will
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Succession: Small deceased estates and minor succession law disputes
- Issues Paper 5 - Administration of small deceased estates and minor succession law disputes
- Small estates questionnaire to accompany issues paper 5
- Small estates further consultation paper
- Final Report 6 - Administration of small deceased estates and minor succession law disputes
- Succession Bill 2023
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Succession: Surety guarantees
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Privacy
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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
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Evidence Law
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SALRI Annual Reports
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Law Reform useful links
The links are in three categories: Australian law reform agencies, other Australian agencies contributing to law reform and international law reform agencies.
Australian Law Reform Agencies
- ACT Law Reform Advisory Council
- Australian Law Reform Commission
- New South Wales Law Reform Commission
- Northern Territory Law Reform Committee
- Queensland Law Reform Commission
- Tasmania Law Reform Institute
- Victorian Law Reform Commission
- Law Reform Commission of Western Australia
Other Australian Agencies contributing to law reform
- Australian Government Attorney-General's Department
- Family Law Council
- Law Society of South Australia
- Queensland Crime & Corruption Commission
- South Australian Attorney-General's Department
- Victorian Scrutiny of Acts and Regulations Committee
International Law Reform Agencies
Canada
- Federation of Law Reform Agencies of Canada
- Uniform Law Conference of Canada
- Alberta Law Reform Institute
- British Columbia Law Institute
- Law Commission of Ontario
- Law Reform Commission of Nova Scotia
- Manitoba Law Reform Commission
- Quebec Research Centre of Private and Comparative Law
United Kingdom
- Law Commission (England and Wales)
- Civil Law Reform Division (Northern Ireland)
- Scottish Law Commission
United States
- Uniform Law Commission
- California Law Revision Commission
- Connecticut Law Revision Commission
- New York State Law Revision Commission
- Oregon Law Commission
Other
- Association of Law Reform Agencies for Eastern and Southern Africa (ALRAESA)
- Commonwealth Association of Law Reform Agencies
- Pacific Islands Legal Information Institute
- Law Reform Commission of Hong Kong
- The Law Reform Commission of Ireland
- Jersey Law Commission
- Kenya Law Reform Commission
- Law Reform Commission of Mauritius
- Law Commission of New Zealand
- Constitutional and Law Reform Commission of Papua New Guinea
- Singapore Legislation & Law Reform Division
- Solomon Islands Law Reform Commission
- South African Law Reform Commission
- Uganda Law Reform Commission
Enquiries
T +61 8 8313 5582
F +61 8 8313 4344
E SALRI@adelaide.edu.au