LSB June 2022 LR

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FROM THE EDITOR IN THIS ISSUE Have you considered a tree change? MICHAEL ESPOSITO, EDITOR 14 This travel themed edition of the Bulletin roughly coincides with the significant uptick in interstate and overseas travel after almost two years of tight border restrictions. For those who are planning to travel in the near future, the article by Marcus Vella on travel insurance and the extent to which COVID-19 related disruptions may be covered is very useful. During the border restrictions, many South Australians took the opportunity to discover different parts of their own State, eliciting a newfound appreciation for the numerous charms that exist in their own backyard. One silver lining to this whole pandemic was that it gave regional remote and rural parts of South Australia the opportunity to shine in front of a new audience of South Australians who might have otherwise holidayed interstate. It may have even convinced some people to make a permanent tree change. There’s a lot to recommend about living in the country, and Port-Lincoln based lawyer Kate McShane talks up the benefits of working in the country. We are all aware of struggles faced by jobseekers due to the huge numbers of law graduates coming through law schools, yet a number of regional law firms and organisations are crying out for lawyers. If you like the idea of work-life balance, easy commutes, being in a tightknit community and being surrounded by nature’s beauty, working in the country may be something worth considering. Choosing the right trust accounting software Practitioners are reminded that the Society’s website contains a list of trust accounting software packages that are operational in South Australia. The list can be accessed at the following link: https://www.lawsocietysa. asn.au/pdf/Trust%20account%20 software%20schedule%202021.pdf When choosing a trust accounting package, practitioners should evaluate their trust accounting needs and consider matters such as licensing fees, security, compatibility, usability and data access. Practitioners should also be mindful of any contract terms relating to transitioning out of one platform to another, particularly with regards to client data access and exit costs. It is important that practitioners ensure their trust accounting software meets all regulatory requirements. For more information about computerised trust accounting regulatory requirements, click here: https://www.lawsocietysa.asn. au/Public/Lawyers/Operating_a_Legal_ Practice/Trust_Accounting_Management_ Online_Resource/TASoftware.aspx B TRAVELLING WITH PETS What the law says on pets in vehicles MENTAL HEALTH TREATMENT Empowering participation for people with disabilities PROTECTING DATA SECURITY Cloud computing guidelines for practitioners 20 24 4 THE BULLETIN June 2022
PRESIDENT’S MESSAGE Society busy scrutinising new Government’s legislative agenda JUSTIN STEWART-RATTRAY, PRESIDENT 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
Page 1 and 2: THE BULLETIN THE LAW SOCIETY OF SA
Page 3: This issue of The Law Society of So
Page 7 and 8: FEATURE • What level of Covid-19
Page 9 and 10: PUBLIC HEALTH LAW direction made un
Page 11 and 12: TRAVEL (such as on public transport
Page 14 and 15: FEATURE TRAVELLING WITH PETS: WHAT
Page 16 and 17: FEATURE Imports from rabies-affecte
Page 18 and 19: FEATURE SPACE TRAFFIC MANAGEMENT: E
Page 20 and 21: MENTAL HEALTH LAWS Increasing the P
Page 22 and 23: MENTAL HEALTH LAWS capacity test ac
Page 24 and 25: CLOUD COMPUTING An Analysis of the
Page 26 and 27: RISK WATCH Waive goodbye? A new cas
Page 28 and 29: FAMILY LAW CASE NOTES Family Law Ca
Page 30 and 31: YOUNG LAWYERS facebook.com/YLCSA Ju
Page 32 and 33: BOOKSHELF D Brennan The Federation
Page 34 and 35: TAX FILES attention. Examples of a
Page 36: We manage one of SA’s largest soc

LSB June 2022 LR

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