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From the Editor
Society busy scrutinising new Government’s legislative agenda
JUSTIN STEWART-RATTRAY, PRESIDENT
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It’s hard to believe we already almost half way through the year!
I must say I am pleased that the bombardment of State and Federal political advertisements is behind us, and our Parliaments can get on with governing.
Due to the State Election, State Parliament did not sit until 3 May, meaning the Law Society had to wait to get its teeth into one of its most important roles – to advocate and comment on proposed legislation.
What started as a slow year in that respect has really shifted into top gear since the recently elected State Government took power. The Government has introduced some significant Bills that the Society has closely analysed and provided commentary on.
Ideally, the Government and other parties would allow the Society sufficient time to consult and provide comprehensive responses to proposed law reforms. However this does not always happen and we are working with these parties to ensure that the Society is consulted properly on legislation.
Just some of the notable issues that the Society has provided submissions on include: • State Budget Submission, outlining the
Society’s key priorities for investment in the legal profession and justice system. • Return to Work (Permanent
Impairment Assessment) Amendment
Bill 2022, which would substantially impact entitlements for workers who suffer subsequent injuries resulting from the original workplace injury.
The Society's submission assessed the impact to injured workers of provisions that would alter the method to determine whole person impairment, warned about the impact of the transitional provisions, and urged proper consultation before attempting to pass the Bill. • The South Australian Public Health (COVID-19) Amendment Bill 2022, which has since passed the Parliament and brings the State’s ongoing
COVID-19 response under the South
Australian Public Health Act 2011 (SA), replacing the state of emergency. The
Society noted concern at the uncertain scope of the now permanent feature of public health legislation enabling the Governor to make directions relating to COVID-19 positive cases and “close contacts”. • A letter to the Minister for Health and Wellbeing to request some detail as to why the commencement of the
Termination of Pregnancy Act 2021 (SA) appears to have stalled, citing concerns of the Women Lawyers’ Committee as to the implications this may be having for women accessing abortion care. • The Criminal Law Consolidation (Human Remains) Amendment Bill 2022, seeks to create four standalone offences which relate to dealing with
human remains. Some concern was noted at the prospect of an offence where a person finds human remains and fails to report it to a police officer, carrying a maximum penalty of five years’ imprisonment. • The expiry of various Regulations, particularly the Criminal Law (Clamping, Impounding Forfeiture of Vehicles) Regulations 2007, in relation to which the Society raised and reiterated its previous advocacy and concern about the arbitrariness of the changes to the vehicle confiscation regime introduced in 2021. • The Society will also be involved in the SA Law Reform Institutes’s (‘SALRI’) review of the Ageing and
Adult Safeguarding Act. SALRI plays an important part in the major law reform process and the Society welcomes the opportunity contribute to SALRI’s reviews.
Lastly, I congratulate the Hon Kyam Maher MLC for his appointment as State Attorney General. I have had the opportunity to meet with him and I am very pleased that Mr Maher has accepted our invitation to attend the July meeting of the Law Society Council.
I am very much looking forward to hearing what the Attorney’s legislative agenda is, and for the opportunity to seek his thoughts on some of the Society’s key advocacy issues. B June 2022 THE BULLETIN 5