New SA laws would remove serious offenders' rights over victims' remains

Magda Pearce's son Lukasz Klosowski and his partner Chelsea Ireland were murdered by Lukasz's father in 2020. (ABC News: Daniel Taylor)

Offenders currently may have interment rights around the burial site of their victims or could decide what happens to their remains.

New legislation would allow a victim of a crime, their relative or a partner to apply to have these rights removed.

The legislation will be introduced today and will have to pass both houses of South Australia's parliament.

The South Australian government will introduce legislation to remove the rights of perpetrators of serious crimes to decide what happens with the remains of their victims.

The changes to the Burial and Cremation Act will be introduced to state parliament today, on the same day as legislation to change abortion laws is set to be voted on.

Attorney-General Kyam Maher said the amendments were modelled on similar laws in Victoria that were introduced in 2021 and first used in 2024.

In that case, a man who murdered his three children had his rights to alter their gravestones removed, while he was also banned from being buried or establishing a memorial in his name in the neighbouring gravesite he owned.

Murderer Robert Farquharson's name was scratched off the family grave. (ABC News: Harrison Tippet)

Mr Maher said he was unaware of a criminal in South Australia trying in a similar way to control what happened with his or her victims' remains or burial site.

He made the announcement of the legislation alongside Magda Pearce, whose son Lukasz Klosowski and his partner Chelsea Ireland were murdered by Lukasz's father in 2020 in South Australia's south-east.

Under the changes, a victim of a crime, their relative or a partner could apply to the South Australian Registrar of Births, Deaths and Marriages to vary or force the surrender of an interment right.

As well as murder victims, the amendment could also affect, for example, a parent convicted of the criminal neglect of a child or instances of domestic and family violence.

Lukasz Klosowski and Chelsea Ireland were murdered by Lukasz's father in 2020. (Instagram)

While Ms Pearce said she had not faced interment issues when burying her son, she welcomed legislation that could lessen trauma for victims and their families.

"I see today's announcement as very important in making sure that victims and victims' family members are protected and they don't have to face even more trauma and uncertainty in times where their lives have changed completely and their world has collapsed," she said.

She said the effects of serio