ELECTION RESPONSES
PARTIES, INDEPENDENTS RESPOND TO SOCIETY’S KEY ELECTION ISSUES O
n 5 November, The Law Society released its Key Election Issues submission, and asked political parties, as well as independents, to respond to the submission ahead of the State Election on 19 March. Responses were received from the Liberal Party, Labor, The Greens, SA Best, and independent MPs Sam Duluk and Frances Bedford. The responses have been published in this special State Election edition of the Bulletin. The full version of the Society’s Key Election submission is available on the Society’s website. A summary of the Society’s key asks are:
EMERGENCY RESPONSE •
A full review of the Emergency Management Act, with a view to enacting legislation that specifically deals with responding to a pandemic and other prolonged emergency situations.
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victims of serious invasions of privacy to seek compensation. New laws that require government agencies to safely manage personal data that has been collected for the purpose of Covid management.
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LEGISLATIVE TRANSPARENCY & ACCOUNTABILITY
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Establishment of a Scrutiny of Bills and Delegated Legislation Committee in SA Parliament. A review of the Subordinate Legislation Act 1978 with a view to raising the standards and requirements for making delegated legislation in SA. Proper resourcing of Committees tasked with reviewing proposed legislation, including delegated legislation. The implementation of a Parliamentary policy to ensure proper public consultation on all proposed legislation.
FAIRER COMPENSATION • • • •
WHISTLEBLOWER PROTECTION ACCESS TO JUSTICE • •
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Increased funding to the Legal Services Commission. Funding for legal representation for people subject to guardianship, medical treatment and residence orders who appear in the SACAT in first instance matters. Increased and sustained funding for the Legal Services Commission Women’s Safety Service, Women’s Legal Service and other domestic violence support services. Measures to ensure timely access to professional interpreters. Publicly available assessments of legal need in SA, broken down into State and Commonwealth matters, to inform the allocation of State legal assistance funding.
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A consultative review of the Public Interest Disclosure Act 2018 (SA) in the wake of ICAC reforms to determine whether legislative amendment is necessary to return the Act’s original scope and operation.
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An increase in the age of criminal responsibility in South Australia from 10 to 14. Securing the long-term future of the Reunification Court by entrenching it in legislation. Greater resources and legislative reform ensure all young people under long-term guardianship of the State receive services and support to transition from care to independence.
COURT FUNDING PRIVACY PROTECTIONS •
The introduction of laws to allow
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A policy that requires the Government to publicly disclose the process by
An increase in compensation actually paid to victims of crime following a review into the current scheme. Removal of victims of crime levies for young people. A more transparent process for reviews of and changes to the workers’ compensation scheme. The establishment of a process to ensure that any proposed changes to the Impairment Assessment Guidelines be subject to Parliamentary Review.
CRIMINAL JUSTICE REFORM •
YOUTH JUSTICE •
which court fees are determined and where the monies are allocated. Lowering the overall cost of court trial and listing fees in the civil jurisdiction. Elimination of court transcript fees. Probate filing fees be set at a more equitable level. Establishment of a building tribunal to resolve building disputes. An increase in suitably qualified mediators within the court system.
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A full review into the scope and operation of the Spent Convictions Act 2009 (SA) with a view to developing a Bill to amend the Act. Funding to increase the capacity of rehabilitation courses within prisons. The establishment of a formal process to give the DPP carriage of Major Indictable Matters from commencement of a matter, and adequate resources to enable the DPP to conduct such matters.
FIDELITY FUND •
Implementation of financial measures to halt the decline in the Fidelity Fund which do not involve further increases (beyond inflation adjustments) in the annual cost of Practising Certificates.
