Teaching Strengths
APrf David Plater
Associate Professor
School of Law
College of Business and Law
Eligible to supervise Masters and PhD (as Co-Supervisor) - email supervisor to discuss availability.
Dr David Plater is an Associate Professor at the University of Adelaide Law School and is Deputy Director of the independent South Australian Law Reform Institute (SALRI) based at the Adelaide Law School. He teaches the Law Reform elective that supports the work of SALRI as well as Criminal Law, Selected Issues in Criminal Law, Evidence and Advocacy. SALRI is not an advocacy body, but a nonpartisan law reform body formed under a partnership between the University of Adelaide, the Law Society and the State Government. SALRI consists of Professor John Williams as the Director and Louise Scarman (EO) and Dr Plater as Deputy Director. SALRI's small size belies its substantial and demonstrated profile, output and impact. SALRI has been ably assisted by various researchers and contributors. SALRI undertakes major inquiries into often difficult and sensitive topics and presents a Report to the State Government with suggestions for law reform based on the extensive research and the wide and inclusive engagement that it carries out during a reference. SALRI has a focus on inclusive and ongoing engagement with regional and Indigenous communities. Dr Plater has been closely involved with major SALRI references in succession law, surrogacy, provocation and related issues, abortion, powers of attorney, the common law forfeiture rule, the operation of the Mental Health Act and adult safeguarding and vulnerable parties in the justice system. Most of these Reports were accepted by the State Government and South Australian Parliament and led to major changes in the law. Dr Plater is also an Adjunct Associate Professor at the University of Tasmania Law School and involved in ongoing teaching, notably with the Advocacy elective, as well as research with the Tasmanian Law Reform Institute. David has extensive practical experience, notably in criminal law and procedure. He worked as a Senior Crown Prosecutor at the Youth and Inner London Crown Court branch of the Crown Prosecution Service. He has also worked until 2018 with the State DPP in South Australia and then with Legislation and Legal Policy at the Attorney-General's Department on law reform (notably the Disability Justice Plan and 2015 Vulnerable Witnesses Act) and new laws. He is admitted as a legal practitioner in England, the Republic of Ireland, the Northern Territory, Tasmania and South Australia. He has also lectured at the University of South Australia and the University of Tasmania. In 2013, David Plater was part of a national team of researchers led by Professor Kate Warner of the University of Tasmania who were awarded an Australian Research Council Linkage grant of $252,124 to conduct a national jury study aimed at gauging informed public opinion on sentencing for sex offences. He has been involved with various other successful grants and projects. These include looking at surrogacy law and practice in South Australia, the independent statutory review of the Ageing and Adult Safeguarding Act (SA)and an extended project funded by the South Australian Law Foundation to examine the role and use of the Communication Partner model to allow vulnerable parties to provide their 'best evidence'. David's 2011 PhD from the University of Tasmania examined the historical development and modern application of the role of the prosecutor as a 'minister of justice'.His research interests include:Prosecution Role and DiscretionPosition and Experiences of Witnesses and Victims in Criminal Justice System Modern Law Reform Surrogacy Law Indigenous Jury ParticipationTechnology and the Criminal LawPrerogative of Mercy and Exercise of Death Penalty in 19th Century Gender and Crime in 19th Century
My research interests include modern Law Reform, surrogacy, the role and exercise of prosecution discretion, the role of victims, vulnerable parties in the justice system and legal history, notably gender and crime and a fair trial in the 1800s.
The thematic strand underlying my research agenda are my strong interests in modern law reform and criminal justice directed at modernising and making the legal system more efficient, equitable and simple and promoting access to justice for traditionally overlooked groups, such as victims of sexual abuse and domestic violence; victims, witnesses, suspects or accused with cognitive impairment, the disability sector and especially Aboriginal communities; whilst respecting the vital right to a fair trial. These areas have been chosen for their personal (drawing on my past roles in practice in criminal law) and wider significance and because they remain difficult (even intractable) and highly topical areas. My research themes draw on legal history to highlight these issues are longstanding and explores the fundamental right to a fair trial for an accused cannot not be viewed in isolation and, consistent with the approach under ECHR human rights principles, must be seen as a ‘triangulation of interests’ balancing the often competing interests of the accused, the victim and the community (see also R v A (No 2) [2002] 1 AC 45, 65 (Lord Steyn).
| Date | Position | Institution name |
|---|---|---|
| 2011 - ongoing | Adjunct Associate Professor | University of Tasmania |
| 2008 - 2018 | Senior Legal Officer | South Australian Government |
| Date | Institution name | Country | Title |
|---|---|---|---|
| 2011 | University of Tasmania | Australia | PhD |
| 2003 | Inns of Court School of Law | UK | Master of Laws |
| Year | Citation |
|---|---|
| 2016 | Caruso, D., Buth, R., Heath, M., Leader-Elliott, I., Leader-Elliott, P., Naffine, N., . . . Toole, K. (2016). South Australian Criminal Law and Procedure, 2nd Edition (2 ed.). South Australia: LexisNexis Butterworths. |
| Year | Citation |
|---|---|
| 2024 | Alexander, A., Nicholls, H., & Plater, D. (2024). Outlaws in their Native land: the 'Incompetence' of Aboriginal Witnesses in 19th Century Colonial Australia. In C. Griffiths, & Ł. Korporowicz (Eds.), English Law, the Legal Profession, and Colonialism: Histories, Parallels, and Influences (1 ed., pp. 139-173). Routledge (Taylor & Francis). DOI |
| 2018 | Moulds, S., Plater, D., & Williams, J. (2018). Law and Order. In J. Spoehr (Ed.), South Australia : State of Transformation (pp. 113-134). South Australia: Wakefield Press. |
| 2016 | Leader-Elliott, I. (2016). Offences of Dishonesty. In D. Caruso, R. Buth, M. Heath, I. Leader-Elliott, P. Leader-Elliott, N. Naffin, . . . K. Toole (Eds.), South Australian Criminal Law and Precedure (Second ed., pp. 107-164). NSW; Australia: LexisNexis Butterworths. |
| 2016 | Leader-Elliott, I., & Caruso, D. (2016). Intoxication. In D. Caruso, R. Buth, M. Heath, I. Leader-Elliott, P. Leader-Elliott, N. Naffin, . . . K. Toole (Eds.), South Australian Criminal Law and Procedure (Second ed., pp. 399-417). NSW; Australia: LexisNexis Butterworths. |
| 2016 | Plater, D., Goode, M., Langos, C., & Crawford, N. (2016). Non-Fatal Offences Against the Person. In D. Caruso, R. Buth, M. Heath, I. Leader-Elliott, P. Leader-Elliott, N. Naffine, . . . K. Toole (Eds.), South Australian Criminal Law: Review and Critique (2nd ed., pp. 0). Chatswood, NSW: Lexis Nexis. |
| 2016 | Plater, D., Goode, M., Langos, C., & Crawford, N. (2016). Non-Fatal Offences Against the Person. In D. Caruso, R. Buth, M. Heath, I. Leader-Elliott, P. Leader-Elliott, N. Naffine, . . . K. Toole (Eds.), South Australian Criminal Law: Review and Critique (2nd ed., pp. 0). Chatswood, NSW: Lexis Nexis. |
| 2016 | Toole, K. (2016). Introduction to Criminal Procedure. In D. caruso, R. Buth, M. Heath, I. Leader-Elliott, P. Leader-Elliott, N. Naffine, . . . K. Toole (Eds.), South Australian Criminal Law and Procedure, 2nd Edition (2 ed., pp. 455-466). LexisNexis. |
| 2016 | Toole, K., Caruso, D., & Grant, M. (2016). The Role of Police. In D. caruso, R. Buth, M. Heath, I. Leader-Elliott, P. Leader-Elliott, N. Naffin, . . . K. Toole (Eds.), South Australian Criminal Law and Procedure, 2nd edition (2 ed., pp. 467-512). LexisNexis. |
| 2016 | Toole, K., Caruso, D., & Grant, M. (2016). The Role of Courts. In D. caruso, R. Buth, M. Heath, I. Leader-Elliott, P. Leader-Elliott, N. Naffin, . . . K. Toole (Eds.), South Australian Criminal Law and Procedure, 2nd edition (2 ed., pp. 513-542). |
| 2014 | Plater, D., Caruso, D., Toole, K., Naffine, N., Buth, R., Heath, M., . . . Leader-Elliott, P. (2014). Chapter 6: Offences Against the Person. In D. Carsuo (Ed.), South Australian Criminal Law: Review and Critique. LexisNexis Butterworths. |
| Year | Citation |
|---|---|
| 2012 | Plater, D., & Milne, S. (2012). The Capital Case of Sarah Mcgregor and Mary Maloney in New South Wales in 1834: 'Justice is Due Even to Them'. In Legal Histories of the British Empires (pp. 1-51). Singapore: National University of Singapore. DOI |
| Year | Citation |
|---|---|
| 2011 | Plater, D. (2011). 'The Changing Role of the Modern Prosecutor: has the ‘Minister of Justice’ concept outlived its usefulness?’. (PhD Thesis, University of Tasmania). |
Dr David Plater has been involved with various successful grant applications and law reform and research projects.
In 2013, Dr David Plater was part of a national team of researchers led by Professor Kate Warner of the University of Tasmania who were awarded an Australian Research Council Linkage grant of $252,124 to conduct an ongoing national study aimed at gauging informed public opinion on sentencing for sex offences by surveying the views of jurors in sex offence trials in all higher courts in Australia.
On 18 January 2017, Dr David Plater was part of a multidisciplinary researchers led by David Caruso based at the University of Adelaide who were awarded a grant of $93,000 by the South Australian Law Foundation to examine the role and effect of the new entitlement to communication assistance for vulnerable parties in the South Australian higher courts. David Plater later became the Chief Investigator on this project and it was successfully completed as a SALRI reference.
In March 2018, with Professor John Williams awarded $30,000 from the State Government for SALRI to examine surrogacy law and practice in South Australia.
On 13 November 2018, Dr David Plater was awarded $8737 by the University of Tasmania as a 2019 Visiting Scholar to visit Hobart and progress joint research and law reform projects between the South Australian Law Reform Institute and the Tasmanian Law Reform Institute based at the University of Tasmania Law School.
In February 2019, with Professor John Williams awarded $60,000 from the State Government for SALRI to examine the law of abortion in South Australia and make suggestions for any changes to law and practice.
On 27 May 2019, Dr David Plater with Professor John Williams, Dr Sylvia Villios and Associate Professor Bernadette Richards were awarded a grant of $60,000 by the South Australian Law Foundation to examine the role and operation of powers of attorney in South Australia and make suggestions for law reform.
On 28 March 2022, with Professor John Williams was awarded a grant of approximately $100,000 by the South Australian Government to conduct the independent statutory review of the operation of the Ageing and Adult Safeguarding Act (SA).
In April 2022, with Professor John Williams was awarded a grant of $125,000 by the South Australian Government to conduct the independent statutory review of the operation of the Mental Health Act (SA).
On 22 November 2022, with Professor John Williams and the Hon Adjunct Professor Geoff Muecke was awarded a grant of $50,000 by the Law Foundation of South Australia to examine the role and operation of suppression orders in South Australia.
On 17 November 2023, with Professor John Williams, Associate Professor Beth Nosworthy, Associate Professor Sylvia Villios and Dr Mark Giancaspro received a grant of $71,000 from the Law Foundation of South Australia to examine new frameworks to facilitate supported decision-making to empower individuals with impaired decision making capacity.
On 2 April 2024, with Professor John Williams, Professor Paul Babie and Professor Peter Burdon were awarded a grant of $100,000 from the South Australian Government to examine the operation of the Real Property Act 1886 (SA).
In January 2025, with Professor John Williams and the Hon Adjunct Professor Geoff Muecke were awarded a grant of $14,500 from the Australian Institute of Judicial Administration to examine the role and implications in South Australia on Indigenous jury particpation of criminal history jury disqualifications.
On 20 March 2025, with Professor John Williams was formally awarded a grant of $125,000 from the South Australian Government to review the operation of the State's Bail Act.
Dr Plater is a highly effective teacher and has wide expertise in teaching, whether for extended or short intensive courses.
Criminal Law
Evidence
Advocacy
Sentencing
Law Reform
| Date | Role | Research Topic | Program | Degree Type | Student Load | Student Name |
|---|---|---|---|---|---|---|
| 2025 | Co-Supervisor | Elder Abuse, Coercive Control, Legal and Policing Responses | Master of Philosophy | Master | Part Time | Ms Charmaine Christine Peters |
| 2025 | Co-Supervisor | Beyond the Trial: Exploring Alternative Justice Pathways for Sexual Assault Victim-Survivors Following Non-Police or Informal Disclosures | Doctor of Philosophy | Doctorate | Full Time | Miss Bella Rose Mickan |
| 2025 | Co-Supervisor | Beyond the Trial: Exploring Alternative Justice Pathways for Sexual Assault Victim-Survivors Following Non-Police or Informal Disclosures | Doctor of Philosophy | Doctorate | Full Time | Miss Bella Rose Mickan |
| 2025 | Co-Supervisor | Elder Abuse, Coercive Control, Legal and Policing Responses | Master of Philosophy | Master | Full Time | Ms Charmaine Christine Peters |
| 2024 | Co-Supervisor | The use of pre-recorded evidence for 'vulnerable' witnesses in South Australia. | Doctor of Philosophy | Doctorate | Full Time | Jemma May Holt |
| 2024 | Co-Supervisor | The use of pre-recorded evidence for 'vulnerable' witnesses in South Australia. | Doctor of Philosophy | Doctorate | Full Time | Jemma May Holt |
| 2023 | Co-Supervisor | Reforming Section 270 of the Local Government Act 1999 (SA): An analysis of local council internal reviews from an administrative law perspective | Master of Philosophy | Master | Part Time | Ms Deborah Monique Horton |
| 2023 | Co-Supervisor | Reforming Section 270 of the Local Government Act 1999 (SA): An analysis of local council internal reviews from an administrative law perspective | Master of Philosophy | Master | Full Time | Ms Deborah Monique Horton |
| 2021 | Co-Supervisor | The Law of Coercive Power | Doctor of Philosophy | Doctorate | Full Time | James Edward Marcus |
| 2021 | Co-Supervisor | The Law of Coercive Power | Doctor of Philosophy | Doctorate | Full Time | James Edward Marcus |
| Date | Role | Committee | Institution | Country |
|---|---|---|---|---|
| 2014 - ongoing | Board Member | Australian and New Zealand Legal History Association | - | - |
| Date | Office Name | Institution | Country |
|---|---|---|---|
| 2009 - ongoing | Mentor | Law Society Indigenous Law Student Mentor Scheme | Australia |