The Attorney-General’s Department (AGD) tables an annual report each year in the Parliament of South Australia. Each annual report outlines financial performance, key initiatives for the department and support of whole-of-government initiatives.
Annual Report 2023 - 24 (PDF, 4.4 MB)
To:
The Honourable Kyam Maher MLC
Minister for Aboriginal Affairs
Attorney-General
Minister for Industrial Relations and Public Sector
The Honourable Andrea Michaels MP
Minister for Small and Family Business
Minister for Consumer and Business Affairs
This annual report will be presented to Parliament to meet the statutory reporting requirements of Public Sector Act 2009, Associations Incorporation Act 1985, Building Work Contractors Act 1995, Companies (Administration) Act 1982, Controlled Substances Act 1984 (Part 7A)*, Conveyancers Act 1994, Co-operatives National Law (South Australia) Act 2013, Fair Trading Act 1987, Gambling Administration Act 2019 (gambling Act means the Authorised Betting Operations Act 2000; the Casino Act 1997; the Gaming Machines Act 1992), Land Agents Act 1994, Land Valuers Act 1994, Liquor Licensing Act 1997, Plumbers, Gas Fitters and Electricians Act 1995, Residential Parks Act 2007, Residential Tenancies Act 1995, Second-hand Vehicle Dealers Act 1995, Security and Investigation Industry Act 1995, and the requirements of Premier and Cabinet Circular PC013 Annual Reporting.
This report is verified to be accurate for the purposes of annual reporting to the Parliament of South Australia.
*The Ministerial functions and powers under Part 7A of the Controlled Substances Act 1984 were conferred on the Attorney-General on 14 October 2021, by proclamation under s6 of the Administrative Arrangements Act 1994.
Submitted on behalf of the ATTORNEY-GENERAL’S DEPARTMENT by:
Caroline Mealor
Chief Executive
26 September 2024
The past financial year has been one of substantial change and achievement for the Attorney-General’s Department. Our agency led several initiatives that have been at the forefront of national conversations.
One of the most complex and significant of these reforms has been the creation of South Australia’s First Nations Voice to Parliament.
Our agency has been involved in this reform from its inception. Firstly, through the efforts of the Commissioner for First Nations Voice, Dale Agius undertaking the important preliminary consultation with communities, and the hard work of Legislative Services and Parliamentary Counsel in delivering the legislation which provides the framework for the Voice, to its establishment, undertaken by the Voice Secretariat and its director, Andrea Mason. In March, the Electoral Commission of South Australia oversaw the election of 46 Local Voice members across six regions.
With the membership of the State Voice now finalised, the body will begin providing advice to Government and the State Parliament aimed at making a positive impact on the lives of Aboriginal communities around South Australia.
Our agency has also led work to establish South Australia’s Royal Commission into Domestic, Family and Sexual Violence which is being undertaken by Commissioner Natasha Stott Despoja AO.
This Royal Commission will consider how South Australia can prevent domestic, family and sexual violence, improve our approach to early intervention and support for victim-survivors, and how we can better integrate and coordinate these efforts as a community. The Commission is expected to complete this important work by 1 July 2025.
As the agency responsible for Aboriginal Affairs and Reconciliation, we are continuing our work on Closing the Gap, coordinating South Australia’s actions and responses across agencies. In AGD, we are continuing to work towards embedding the Priority Reforms within the Closing the Gap National Agreement and adopting a different approach to our work.
Our continued partnership with the South Australian Aboriginal Community Controlled Organisation Network (SAACCON) is proving fruitful in achieving more cohesive and culturally informed decision-making.
SafeWork SA delivered a significant election commitment of the Malinauskas Government, the introduction of industrial manslaughter laws.
The laws, which came into effect on 1 July 2024, will help the workplace safety regulator hold those individuals and businesses that put the lives of workers at risk to account for their actions, with penalties of up to 20 years in prison for individuals and up to $18 million for companies whose reckless or grossly negligent conduct leads to the death of a worker.
SafeWork SA has also undertaken extensive work in preparation for the nationwide ban on the use of engineered stone products, with transitional arrangements now in effect in South Australia. These transitional arrangements give businesses until the end of 2024 to install engineered stone products, where the contract to supply and install the product was entered into before the end of 2023. The Small Business Commissioner has also assisted in this process by organising forums to support traders and consumers through this change.
SafeWork SA has also developed and led a strong awareness campaign to ensure South Australians are aware of the changes and their implications.
Consumer and Business Services (CBS) has delivered on numerous reforms being implemented by Government, including large-scale sweeping changes to the state’s residential tenancies laws that better protect tenants while keeping the balance right between tenant and landlord protections.
A significant tranche of these reforms has now commenced, including a ban on the practice known as rent bidding, more flexibility for tenants with pets, and increased minimum notice times for ending fixed tenancies, to help tenants find a new place to live and make arrangements to move.
In addition, CBS has developed reforms to toughen the state’s casino laws, after several misconduct findings by casino operators around Australia. Changes in legislation will give the Liquor and Gambling Commissioner the power to impose penalties of up to $75 million, compared to the current maximum of $100,000.
The inquiry by the Honourable Brian Martin AO KC into the operations of the SkyCity Adelaide Casino has recommenced following the conclusion of proceedings by the anti-money laundering regulator AUSTRAC, which saw the casino operators fined $67 million in the Federal Court. The results of Mr Martin’s investigation are expected to be provided to the Liquor and Gambling Commissioner by the end of the year.
From 1 July 2024 CBS assumed responsibility for regulating the licensing and sale of tobacco products in South Australia. Announced as part of the 2024-25 State Budget, more than 20 staff will be employed in CBS to undertake this new function and help fight the sale of illicit tobacco and vapes in our state.
The Office of the Director of Public Prosecutions, under the leadership of DPP Martin Hinton KC, has begun the process of implementing measures to evolve and improve operational processes, enhance support for victims of crime, and improve staff wellbeing and psychosocial safety. Significant progress has already been made in these areas.
The Office has also continued its work on matters stemming from Operation Ironside and is awaiting the outcome of an application for special leave to appeal to the High Court. The Office also reviewed the Aboriginal Witness Assistance Officer role which focuses on providing culturally appropriate support to Aboriginal victims and witnesses, and consulting with staff to enhance their cultural understanding.
The Crown Solicitor’s Office (CSO) has continued its work in delivering timely, high-quality legal advice and representation to the whole of Government. The CSO has progressed negotiations with Native Title determination claims, provided representation in proceedings aimed at keeping children safe from harm under the Children and Young People (Safety) Act 2017 and represented the Attorney-General in proceedings aimed at keeping the community safe through South Australia’s High Risk Offender laws.
In addition, CSO has provided advice to Government on various major projects including vital infrastructure such as the North-South Corridor and the new Women’s and Children’s Hospital, as well as other initiatives such as the Government’s Hydrogen Jobs Plan and Northern Water facilities.
In terms of our own infrastructure, planning for the new South Australia Forensic Centre is well underway. This work is being undertaken in conjunction with SA Police and the Department of Infrastructure and Transport and will provide for a new purpose built facility to support the provision of expert scientific services to the justice system.
Our smaller business units continue to punch above their weight when it comes to delivering significant outcomes to protect the rights of the South Australian community. Equal Opportunity SA now has 180 members registered with WE’RE EQUAL, and membership continues to grow. Work is currently underway to support a roll out of WE’RE EQUAL to nearly 950 public schools.
In August 2023, Sarah Quick commenced as Commissioner for Victims’ Rights. Under her guidance, Victims of Crime SA has implemented a new case management system and updated a number of publications, including by making the Information for Victims of Crime handbook more accessible through the application of a QR code and postcard.
The Office of the Public Advocate completed the ‘My Life My Wishes’ project which assists in ascertaining and considering client wishes as part of the decision-making process, and completed the Culturally Safe Supported Decision-Making tool, guideline and training video which is designed to assist engagement with Aboriginal clients.
These are just a few of the highlights of the work undertaken by the many hundreds of diligent staff working in the Attorney-General’s Department over the past year.
It continues to be an honour to lead such a dedicated workforce and work with the Minister for Aboriginal Affairs, the Attorney-General and the Minister for Industrial Relations and the Public Sector, the Honourable Kyam Maher and the Minister for Small and Family Business and the Minister for Consumer and Business Affairs, the Honourable Andrea Michaels, and their staff.
Our strategic focus
2022-24 Strategic Plan (PDF, 319.7 KB)
Our organisational structure as at 30 June 2024 (PDF, 162.0 KB)
Changes to the agency
During 2023-24 there were no changes to the agency’s structure and objectives as a result of machinery of government changes.
However, the Office of the Commissioner for Public Sector Employment (OCPSE) became an attached office to the Department of the Premier and Cabinet (DPC) effective from 1 July 2024.
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, 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 was the Commissioner for Consumer Affairs and Liquor and Gambling within Consumer and Business Services (CBS) until early 2024. 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. Fraser Stroud acted in the position following Dini’s departure.
Glenn Farrell
Glenn Farrell is the Executive Director of SafeWork SA (SWSA). 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.
John Doherty
John is the Director, Forensic Science SA (FSSA). 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, particularly the three local universities, to ensure it maintains a high quality and contemporary scientific service through research, training and teaching.
Martin Hinton KC
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 PSM
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 was the Public Trustee until June 2024. The Public Trustee 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. Tony Brumfield was appointed the Public Trustee in July 2024.
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, Parliamentary Counsel, the CSO, the ODPP, Industrial Relations and Policy (IRAP) and the State Redress Response Unit. 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 1988*
Aboriginal Lands Trust Act 2013
Action for Breach of Promise of Marriage (Abolition) Act 1971
Adelaide Children's Hospital and Queen Victoria Hospital (Testamentary Dispositions) Act 1990
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
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 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 Joint Services Act 1985**
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 Holidays Act 2023
Public Interest Disclosure Act 2018
Public Sector Act 2009
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 Act 1895
Sale of Goods (Vienna Convention) Act 1986
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
Succession Act 2023
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
** Denotes Acts committed to the Special Minister of State which are supported by the Attorney-General’s Department.