Selth, Julie --- "SA Law Reform Report" [1996] ALRCRefJl 19; (1996) 69 Australian Law Reform Commission Reform Journal 52

---

ALRC Reform 69

LEGAL REFORMS IN SOUTH AUSTRALIA

A number of criminal law initiatives have been undertaken recently. Parliament has passed legislation to reform the law relating to fitness to plead and the defence of insanity. Legislation has also been passed requiring police to electronically record all interviews with people suspected of having committed an indictable offence. The scheme will be phased in over three years.

The Government has introduced a Bill which sets out the procedure to be adopted where a person charged with a criminal offence appears unable to pay for legal representation. The Bill seeks to remedy some of the difficulties arising from the High Court decision in Dietrich v Queen.

A number of proposed reforms deal with families and the distribution of property. The De Facto Relationships Bill is currently in Parliament. The Bill provides that a court may make orders it considers necessary to divide the property of de facto partners in a just and equitable way.

Parliament has recently amended the Wills Act 1936 to deal with the effect of divorce on a will. By virtue of the amendment, the former spouse of a divorced person will automatically lose any beneficial gift made in his or her favour unless the court is satisfied that the testator did not intend to revoke the gift or a subsequent will or codicil confirms the testator's original intention.

A further amendment to the Wills Act vests power in the Supreme Court to make a will on behalf of a person who lacks testamentary capacity. It allows the Court to make a will reflecting as far as possible the current intentions of a person or, at least, what his or her intentions would have been but for the disability.

The laws relating to the investment powers of trustees have been dramatically altered. The list of authorised trustee investments has been repealed and trustees must now invest trust funds in a prudent manner taking into account a range of factors relating to the trust.

The Property Law Act has been amended to abolish the rules against perpetuities and excessive accumulations. With the abolition of these rules, there will be no time limit within which a disposition of property must be capable of vesting and no time limit on how long income can be accumulated under a disposition.

A significant amendment in relation to property development is contained in the new Community Titles Act. The Act enables common property to be created within conventional subdivisions. In addition to extending the concept of shared use of common facilities to subdivisions, which may consist of no more than vacant blocks of land, the Act provides for the development of planned communities of any type where some of the land is shared. Projects suited to the community titles scheme include urban developments, business parks, university and research parks, resorts, rural retreats and industrial developments.

Amendments to the Second-hand Dealers and Pawnbrokers Act are being finalised to strengthen the existing legislation to help recovery of stolen property and make it more difficult for people to dispose of stolen goods through second hand dealers and pawnbrokers.

The Attorney-General has released a Code of Conduct for Graffiti Prevention for voluntary use by the retail sector in the sale and storage of graffiti implements.

He has also recently announced a review into the Liquor Licensing Act. Issues to be examined under the review include general facility licences, categories of licences, trading hours and responsible service and consumption of alcohol principles and strategies.

Other reforms introduced by the Government include legislation dealing with witness protection and racial vilification. The Racial Vilification Bill introduces a criminal offence of racial vilification and a remedy in tort for racial victimisation.

Debate in the Legislative Council has centred on whether or not there should also be a remedy under equal opportunity legislation. The Bill has been referred to the Legislative Review Committee of Parliament.

Parliamentary Committees are also looking at a number of issues including an inquiry into retail shop leasing issues relevant to retail shop tenancies and a code of conduct for members of Parliament.

An extensive evaluation of the juvenile justice system is also being conducted by the Juvenile Justice Advisory Committee. When the Report is complete, it will be forwarded to the Attorney-General.

Julie Selth

---