The 2022-23 financial year was once again an extremely busy one for the Attorney-General’s Department (AGD), as we worked to implement the priorities of the Government.

The appointment of the state’s first Aboriginal Attorney-General – and with it, the incorporation of Aboriginal Affairs and Reconciliation (AAR) into our agency – has seen AGD at the forefront of the establishment of a First Nations Voice to South Australia’s Parliament.

Early in 2022-23, Dale Agius was appointed to the vital role of Commissioner for First Nations Voice.

Since his appointment, he and his team have been working tirelessly with our dedicated staff in Legislative Services and, more recently, the team at the Electoral Commission of South Australia to progress this initiative.

Each of these bodies have had an important role in listening to communities about how the First Nations Voice to State Parliament should operate, developing the overarching legislation that was passed by State Parliament in March this year and working to help ensure both communities and potential candidates are informed about the nomination and election processes.

Intra-agency collaboration has also been central in reforms to the Aboriginal Heritage Act 1988 aimed at delivering tougher penalties and better protecting South Australia’s Aboriginal heritage, with AAR, Legislative Services, the Crown Solicitor and Solicitor-General working hand-in-hand to develop these laws.

The last 12 months has also seen a strong focus in our agency on Closing the Gap. I was proud to sign the Partnership Agreement on Closing the Gap with the South Australian Aboriginal Community Controlled Organisation Network (SAACCON) on behalf of the South Australian Government – an agreement that underpins the Government’s efforts to work in partnership with Aboriginal community controlled organisations.

Directly related to the Closing the Gap outcome area relating to the overrepresentation of Aboriginal people in the justice system, the Government established the Advisory Commission into the Incarceration Rates of Aboriginal Peoples in South Australia. Recommendations are now being progressed, through the $25 million provided across Government to implement programs in response to the Commission’s findings.

Meanwhile, significant work has been undertaken on reforms to the criminal law both in line with election commitments from the incoming government and to address matters raised after March 2022. These have included reforms to our dangerous driving laws, the criminalising of stealthing, criminalising the offence of destroying or concealing human remains, and introducing harsher penalties for individuals who assault retail workers. Domestic and family violence has been another priority policy area for the incoming Government, with a number of legislative reforms aimed at better protecting and supporting victims.

During 2022-23, the ODPP continued to prosecute a number of complex criminal matters.  This included the first prosecution in Australia arising from the Operation Ironside investigation, as well as a significant prosecution involving a number of co-accused relating to the alleged murder of Jason De leso.

In line with the Government’s election commitment, SafeWork SA was subject to an independent review by former WorkSafe Victoria Executive Director John Merritt, with the Government agreeing to accept either in full, in part or in principle 25 of Mr Merritt’s 39 recommendations to improve the functioning of the workplace health and safety regulator.

Industrial Relations and Policy has continued to provide advice and negotiate on public sector enterprise agreements, as well as providing representation and advice in disputes and other proceedings before the South Australian Employment Tribunal.

AGD also supported the Royal Commission into Early Childhood Education and Care, led by former Prime Minister Julia Gillard AC. Work of this nature – ahead of the commencement of the commission itself – requires an extraordinary effort from many business units, working to establish the infrastructure and resourcing necessary for the body to do its work diligently and effectively.

2022-23 also saw the department set up the Office of the Inspector of the ICAC, the Office for Public Integrity and the Ombudsman and the appointment of the inaugural Inspector, Philip Strickland SC, and the Deputy Inspector Stephen Plummer.

Helping the vulnerable – whether it’s through legal assistance or other means – is a core part of our work – especially for the dedicated teams at the Office of the Public Advocate (OPA) and the Public Trustee which act as alternative decision makers to many vulnerable South Australians.

Over the past year, OPA developed a series of videos helping organisations and professionals better understand the process of supported decision-making, given the rise in use of supported decision-making as an alternative to substitute decision making. The Public Trustee developed ‘easy read’ documents designed to enable customers with intellectual disabilities to better understand the Public Trustee and its services.

It has been an incredibly busy time for Consumer and Business Services (CBS) and the many and varied responsibilities overseen by Commissioner Dini Soulio and his dedicated team. He and his team have helped develop reforms to the state’s residential tenancies laws - including banning the practice of rent-bidding – and consulting on further reforms to make it easier for those South Australians struggling to find a home to rent.

CBS has also acted on the preliminary outcomes from the Hon Brian Martin AO KC’s review into the SkyCity Adelaide Casino, directing the operators of the Casino to appoint an independent monitor to oversee measures aimed at ensuring the Casino is complying with its counter-terrorism financing and harm minimisation responsibilities. Dini has also reviewed the Late Night Code of Conduct for premises with a liquor licence, as well as working with other Government agencies to help support measures aimed at tackling anti-social behaviour in the CBD.

The past financial year also saw the Commissioner for Equal Opportunity launch her WE’RE EQUAL campaign, an exciting new initiative encouraging businesses to both commit to the principles of treating everyone fairly and demonstrating to the community that discrimination and disrespectful behaviour have no place in our society. As Chief Executive, I was proud to sign AGD up in support of this ambitious, but worthwhile, program.

In addition to these examples of important work, the last financial year has been a time of change and renewal across our agency.

This year saw the departure of SafeWork SA Executive Director Martyn Campbell, who took the reins in 2017 at a time of significant change within the organisation. Martyn made sweeping changes to strengthen SafeWork SA’s performance and its investigatory capacity, and I extend my appreciation for his efforts in these areas. Martyn’s successor, Glenn Farrell, has had a tremendous amount of experience in work health and safety regulation, having worked at SafeWork SA since 2004.

We also bade farewell to Forensic Science SA (FSSA) Director Professor Linzi Wilson-Wilde OAM who was approached by the Queensland Government to take up a lead role in reforming that state’s forensic science services. Taking over the role is John Doherty, who has worked in the field for more than 30 years, including time in the United Kingdom, the Northern Territory, Queensland and Victoria. He takes on the position at an exciting time for FSSA, with the Government investing nearly $350 million dollars in a new, state-of-the-art facility to house the talented minds from both FSSA and SA Police’s Forensic Services Branch.

And it was with some sadness that we said farewell to a longstanding member of the Executive Management Group last financial year. Joanna Martin, our Executive Director of Legal and Legislative Services, left the agency to join the Magistracy. Through her time with AGD, Joanna spearheaded work on numerous significant reforms to the law and the criminal justice system with a dogged attention to detail and commitment to deliver. Steph Halliday has taken over from Jo as Executive Director and has hit the ground running.

The examples I have highlighted here are but a fraction of the work undertaken by the agency and the successes we have had. None of the work would have been possible were it not for the hard work and dedication of our 1,700 talented and knowledgeable staff and the leadership of AGD’s Executive Management Group. I am, as ever, immensely grateful for the support I receive from so many in the department.

It remains an honour to lead this agency and work with Minister Maher, Minister Michaels and their staff.

It continues to be an extraordinary privilege to be the Chief Executive of AGD, and I’m honoured to work with Minister Maher, Minister Michaels and their staff.

Our strategic focus

2022-24 Strategic Plan (PDF, 319.7 KB)

Our organisational structure as at 30 June 2023 (PDF, 170.7 KB)

Changes to the agency

The following changes to the agency’s structure came into effect on 1 July 2022 as a result of machinery of government changes:

• Industrial Relations and Policy, SafeWork SA, the South Australian Employment Tribunal and the Office of the Commissioner for Public Sector Employment transferred to the Attorney-General’s Department (AGD) from the Department of Treasury and Finance (DTF)
• Aboriginal Affairs and Reconciliation transferred to AGD from the Department of the Premier and Cabinet (DPC)
• Planning and Land Use Services, Office of the Registrar-General and Office of the Valuer-General transferred from AGD to the Department for Trade and Investment (DTI)
• The Office of Local Government transferred from AGD to the Department for Infrastructure and Transport (DIT).

Annual Reporting

The following areas of AGD submit their own annual reports:

• Equal Opportunity SA
• Mining and Quarrying Occupational Health and Safety Committee
• Office of the Director of Public Prosecutions
• Office of the Public Advocate
• Ombudsman SA
• Public Trustee
• South Australian Civil and Administrative Tribunal
• South Australian Employment Tribunal
• State Records SA
• Victims of Crime SA

Other agencies that submit their own annual report are:

• Courts Administration Authority
• Electoral Commissioner
• Independent Commission Against Corruption
• Judicial Conduct Commissioner
• Legal Services Commission
• Office of the Inspector
• Office of the Commissioner for Public Sector Employment
• Office for Public Integrity
• Office of the Small Business Commissioner

The Hon Kyam Maher MLC

The Hon Kyam Maher MLC, Minister for Aboriginal Affairs, Attorney-General and Minister for Industrial Relations and Public Sector, is the state’s principal legal advisor to the government and is responsible for exercising certain powers and regulating and administering a range of legislation.

The Attorney-General is a member of Cabinet and is responsible for:

• specific legislation and the state's legal system
• developing and implementing policy
• legal action relevant to the state government.

The Hon Andrea Michaels MP

The Hon Andrea Michaels MP is the Minister for Small and Family Business and Minister for Consumer and Business Affairs.

The Minister supports sustainable economic growth by assisting South Australian industries and businesses to succeed in a local and global environment as well as protecting consumers and supporting and regulating business.

Mike Wait SC

Mike is the Solicitor-General which is a statutory officer appointed by the Governor under the Solicitor-General Act 1972. The Solicitor-General is the second law officer of the state. Acting on the instructions of the Attorney-General, the Solicitor-General advises the state and appears as counsel on behalf of the state, including on behalf of the Crown Solicitor and the Director of Public Prosecutions, as required.

Ingrid Norman

Ingrid is the Crown Solicitor of South Australia and is responsible for leading the Crown Solicitor’s Office (CSO), which comprises the Public Law, Civil Litigation, Crown Counsel, Commercial, Environment & Native Title and Business Services sections. The CSO provides advice to, and represents, the South Australian Government on behalf of the Attorney-General. This includes providing legal services to Cabinet, Ministers and South Australian Government agencies on a wide variety of legal issues.

Adam Kilvert

Adam is the Executive Director for the Policy and Community division, including Justice Policy and Analytics and Strategic Communications, which provide advice and support to the Attorney-General and the broader department. The division also consists of the offices of the Ombudsman, Public Advocate, Public Trustee, the Commissioner for Equal Opportunity, the Director of the Office for Public Integrity, and the Commissioner for Victims' Rights, which aim to protect the rights of the public.

Andrew Swanson

Andrew is the Executive Director of the Finance, People and Performance division. He is the Chief Financial Officer and responsible for leading a range of functions including Financial Services, Human Resources, Facilities and Performance and Business Services. The division also includes Forensic Science SA (FSSA), the Office of the South Australian Small Business Commissioner, the South Australian Civil and Administrative Tribunal (SACAT) and the South Australian Employment Tribunal (SAET).

Dini Soulio

Dini is the Commissioner for Consumer Affairs and Liquor and Gambling within Consumer and Business Services (CBS). CBS has a broad portfolio including consumer protection, product safety, occupational licensing, liquor licensing, gambling regulation, charities regulation, residential tenancies, births, deaths and marriages and Justice of the Peace services.

Glen Farrell

Glenn Farrell is the Executive Director of SafeWork SA (SWSA) and began in the role in April 2023. SWSA is South Australia's workplace health and safety regulator and is responsible for providing work health and safety, public safety and state-based industrial relations services. In addition, SWSA enforces work health and safety laws in South Australia and is accountable to the Minister for Industrial Relations and Public Sector.

Dr Linzi Wilson-Wilde OAM

Linzi was the Director, Forensic Science SA (FSSA) until early 2023. FSSA provides independent scientific and pathology services to the justice system of South Australia in the disciplines of Biology, Chemistry, Pathology and Toxicology. FSSA collaborates closely with the tertiary sector, in particular the three local universities, to ensure it maintains a high quality and contemporary scientific service through research, training and teaching. Andrew Camilleri acted in the position following Linzi’s departure. John Doherty was appointed Director, FSSA in July 2023.

Martin Hinton QC

Martin is the Director of Public Prosecutions (the DPP). He is a statutory officer, independent of AGD, who initiates and conducts criminal prosecutions in the Magistrates, District and Supreme Courts of South Australia. The DPP also conducts appeals in the Court of Appeal and the High Court of Australia. The DPP oversees the operations of the Office of the Director of Public Prosecutions (ODPP) comprising Trial Counsel, Solicitors (including Confiscations), and Business Services (including the Witness Assistance Service) to ensure the ODPP provides the people of South Australia with an independent and effective criminal prosecution service that is timely, efficient and just.

Matt Smith

Matt Smith is the Executive Director of the Projects and Technology division. He is responsible for leading Technology, Project Delivery, Public Safety and Information Management services. In addition to supporting the operations of AGD, the division provides Public Safety and Justice Information services to more than twenty other Government agencies.

Nerida Saunders

Nerida is the Executive Director of the Aboriginal Affairs and Reconciliation division (AAR) of the department. She is responsible for providing engagement, support and advice for Aboriginal people and government. In addition, AAR works with Aboriginal South Australians to ensure that the needs of Aboriginal people and communities are met, including in areas of identified disadvantage, as well as those of strength.

Nicolle Rantanen

Nicolle is the Public Trustee and is responsible for the efficient management of the Public Trustee Office and the effective implementation of the Public Trustee Act 1995. The role includes acting as Administrator, Executor or Trustee of deceased estates, as Administrator of estates of protected persons under the Guardianship and Administration Act 1993, as Manager of estates of protected persons under the Aged and Infirm Persons’ Property Act 1940 and as Attorney or Agent. The Public Trustee is also the Trustee for minors as a result of distributions in intestate estates administered by private administrators and by appointment as trustee for other trusts and wills.

Steph Halliday

Steph is the Executive Director of Legal and Legislative Services. The division includes Legislative Services, who provide legal and policy advice on legislative reform and Parliamentary Counsel. The division also consists of the CSO, the ODPP, Industrial Relations and Policy (IRAP), the Royal Commission and State Redress Response Units and the Mining and Quarrying Occupational Health and Safety Committee. Steph started the role in June 2023 following Joanna Martin’s appointment to the magistracy. Steph brings a diverse range of justice sector knowledge to the role, with expertise spanning public, regulatory and criminal law and government policy.

Aboriginal Heritage Act 1979*

Aboriginal Heritage Act 1978*

Aboriginal Lands Parliamentary Standing Committee Act 2003*

Aboriginal Lands Trust Act 2013

Action for Breach of Promise of Marriage (Abolition) Act 1971

Administration and Probate Act 1919

Administrative Arrangements Act 1994

Administrative Decisions (Effect of International Instruments) Act 1995

Aged and Infirm Persons' Property Act 1940

Age of Majority (Reduction) Act 1971

Aircraft Offences Act 1971

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981*

ANZ Executors and Trustee Company (South Australia) Limited (Transfer of Business) Act 1996

Associations Incorporation Act 1985

Australia Acts (Request) Act 1985

Australian Crime Commission (South Australia) Act 2004

Authorised Betting Operations Act 2000

Bail Act 1985

Ballot Act 1862

Births, Deaths and Marriages Registration Act 1996

Building and Construction Industry Security of Payment Act 2009

Building Work Contractors Act 1995

Burial and Cremation Act 2013

Business Names (Commonwealth Powers) Act 2012

Casino Act 1997

Child Sex Offenders Registration Act 2006

Civil Liability Act 1936

Classification (Publications, Films and Computer Games) Act 1995

Collections for Charitable Purposes Act 1939

Commercial Arbitration Act 2011

Commonwealth Legislative Power Act 1931*

Commonwealth Places (Administration of Laws) Act 1970

Commonwealth Powers (De Facto Relationships) Act 2009

Commonwealth Powers (Family Law) Act 1986

Community Titles Act 1996

Companies (Administration) Act 1982

Constitutional Powers (Coastal Waters) Act 1979

Construction Industry Long Service Leave Act 1987

Conveyancers Act 1994

Co-operatives National Law (South Australia) Act 2013

Coroners Act 2003

Corporations (Administrative Actions) Act 2001

Corporations (Ancillary Provisions) Act 2001

Corporations (Commonwealth Powers) Act 2001

Corporations (South Australia) Act 1990

Courts Administration Act 1993

COVID-19 Emergency Response Act 2020

Credit (Commonwealth Powers) Act 2010

Credit (Transitional Arrangements) Act 2010

Criminal Assets Confiscation Act 2005

Criminal Investigation (Covert Operations) Act 2009

Criminal Investigation (Extraterritorial Offences) Act 1984

Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007

Criminal Law Consolidation Act 1935

Criminal Law (Forensic Procedures) Act 2007

Criminal Law (High Risk Offenders) Act 2015

Criminal Law (Legal Representation) Act 2001

Criminal Procedure Act 1921

Cross-border Justice Act 2009

Crown Proceedings Act 1992

Da Costa Samaritan Fund (Incorporation of Trustees) Act 1953

Dangerous Substances Act 1979

Daylight Saving Act 1971

Death (Definition) Act 1983

Debtors Act 1936

Defamation Act 2005

Director of Public Prosecutions Act 1991

District Court Act 1991

Domestic Partners Property Act 1996

Domicile Act 1980

Dust Diseases Act 2005

Election of Senators Act 1903

Electoral Act 1985

Electronic Communications Act 2000

Employment Agents Registration Act 1993

Encroachments Act 1944

Enforcement of Judgments Act 1991

Environment, Resources and Development Court Act 1993

Equal Opportunity Act 1984

Essential Services Act 1981

Estates Tail Act 1881 (The)

Evidence Act 1929

Expiation of Offences Act 1996

Explosives Act 1936

Fair Trading Act 1987

Fair Work Act 1994

Fair Work (Commonwealth Powers) Act 2009

Family Relationships Act 1975

Farm Debt Mediation Act 2018

Federal Courts (State Jurisdiction) Act 1999

Fences Act 1975

Financial Sector Reform (South Australia) Act 1999

First Nations Voice Act 2023

Foreign Judgments Act 1971

Freedom of Information Act 1991

Free Presbyterian Church (Vesting of Property) Act 2001

Frustrated Contracts Act 1988

Gambling Administration Act 2019

Gaming Machines Act 1992

Gaming Offences Act 1936

Graffiti Control Act 2001

Guardianship and Administration Act 1993

Guardianship of Infants Act 1940

Hairdressers Act 1988

Holidays Act 1910

Independent Commission Against Corruption Act 2012

Industrial Referral Agreements Act 1986

Inheritance (Family Provision) Act 1972

Intervention Orders (Prevention of Abuse) Act 2009

James Brown Memorial Trust Incorporation Act 1990

Judicial Administration (Auxiliary Appointments and Powers) Act 1988

Judicial Conduct Commissioner Act 2015

Juries Act 1927

Jurisdiction of Courts (Cross-vesting) Act 1987

Justices of the Peace Act 2005

Labour Hire Licensing Act 2017

Land Acquisition Act 1969

Land Agents Act 1994

Land and Business (Sale and Conveyancing) Act 1994

Land Valuers Act 1994

Landlord and Tenant Act 1936

Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001

Legal Practitioners Act 1981

Legal Services Commission Act 1977

Legislation Interpretation Act 2021

Legislative Instruments Act 1978

Legislation Revision and Publication Act 2002

Limitation of Actions Act 1936

Liquor Licensing Act 1997

Little Sisters of the Poor (Testamentary Dispositions) Act 1986

Lobbyists Act 2015

Long Service Leave Act 1987

Lotteries Act 2019

Magistrates Act 1983

Magistrates Court Act 1991

Maralinga Tjarutja Land Rights Act 1984*

Marketable Securities Act 1971

Married Persons (Separate Legal Status) Act 2019

Members of Parliament (Register of Interests) Act 1983

Mercantile Law Act 1936

Minors Contracts (Miscellaneous Provisions) Act 1979

Misrepresentation Act 1972

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018

Native Title (South Australia) Act 1994

Notaries Public Act 2016

Oaths Act 1936

Off-shore Waters (Application of Laws) Act 1976

Ombudsman Act 1972

Parliamentary Committees Act 1991

Partnership Act 1891

Personal Property Securities (Commonwealth Powers) Act 2009

Plumbers, Gas Fitters and Electricians Act 1995

Police Complaints and Discipline Act 2016

Powers of Attorney and Agency Act 1984

Prices Act 1948

Problem Gambling Family Protection Orders Act 2004

Professional Standards Act 2004

Prohibited Areas (Application of State Laws) Act 1952

Public Interest Disclosure Act 2018

Public Sector Act 2009

Public Sector (Data Sharing) Act 2016

Public Sector (Honesty and Accountability) Act 1995

Public Trustee Act 1995

Racial Vilification Act 1996

Real Property (Commonwealth Titles) Act 1924

Real Property (Foreign Governments) Act 1950

Recreation Grounds (Regulations) Act 1931

Relationships Register Act 2016

Residential Parks Act 2007

Residential Tenancies Act 1995

Retail and Commercial Leases Act 1995

Return to Work Act 2014

Return to Work Corporation of South Australia Act 1994

Royal Commissions Act 1917

Royal Style and Titles Act 1973

RSL Memorial Hall Trust Act 1997*

Sale of Goods (Vienna Convention) Act 1986

Sale of Goods Act 1895

Sea-Carriage Documents Act 1998

Second-hand Vehicle Dealers Act 1995

Security and Investigation Industry Act 1995

Sentencing Act 2017

Serious and Organised Crime (Control) Act 2008

Serious and Organised Crime (Unexplained Wealth) Act 2009

Settled Estates Act 1880

Settled Estates Act Amendment Act 1889 (The)

Sheriff's Act 1978

Shop Theft (Alternative Enforcement) Act 2000

Shop Trading Hours Act 1977

Small Business Commissioner Act 2011

Solicitor-General Act 1972

South Australian Civil and Administrative Tribunal Act 2013

South Australian Employment Tribunal Act 2014

Spent Convictions Act 2009

St. John (Discharge of Trusts) Act 1997

Standard Time Act 2009

State Records Act 1997

Strata Titles Act 1988

Summary Offences Act 1953

Supreme Court Act 1935

Surrogacy Act 2019

Surveillance Devices Act 2016

Survival of Causes of Action Act 1940

Telecommunications (Interception) Act 2012

Tattooing Industry Control Act 2015

Terrorism (Commonwealth Powers) Act 2002

Terrorism (Police Powers) Act 2005

Terrorism (Preventative Detention) Act 2005

Thomas Hutchinson Trust and related Trusts (Winding Up) Act 1995

Trustee Act 1936

Trustee Companies Act 1988

Unclaimed Goods Act 1987

Unexplained Wealth (Commonwealth Powers) Act 2021

Victims of Crime Act 2001

Waite Trust (Miscellaneous Variations) Act 1996*

Warehouse Liens and Storage Act 1990

Wills Act 1936

Work Health and Safety Act 2012

Young Offenders Act 1993

Youth Court Act 1993

* Denotes Act of limited application