Statement

Law Society Supports Action to Combat Bullying, Discrimination and Harassment in the Legal Profession
23 January 2025

The Law Society of South Australia acknowledges the findings of the Equal Opportunity Commission's Report (the Report) highlighting the ongoing issue of bullying, discrimination and sexual harassment within the legal profession. The Society commends the individuals who bravely shared their experiences, contributing to a critical examination of workplace culture. Their courage will inform ongoing and further initiatives that will create positive cultural change.

While acknowledging progress, the Report underscores the need for continued efforts to eliminate these harmful behaviours. The Law Society is committed to a zero-tolerance approach and calls upon the entire profession to embrace this standard.

The Law Society has endorsed the Law Council of Australia’s Public Leadership Statement on Sexual Harassment and reinforcing the profession's commitment to addressing these concerns.

The Law Society urges all legal professionals to reflect on their own workplace conduct and actively contribute to a culture of respect and safety. Senior members of the profession have a particular responsibility to lead by example and ensure that all working within or with the legal profession feel safe, respected and empowered to speak up about mistreatment.

The justice system is founded on principles of fairness, honesty and integrity. Lawyers have a duty to uphold these principles and create workplaces where everyone feels valued and protected.

The Society appreciates the careful thought that has gone into devising recommendations that aim to target the key drivers of bullying, discrimination and harassment.

The Society will thoroughly review the Report’s recommendations and provide a comprehensive response which will outline how the Society will build on the measures it has already taken to tackle these problems.

The Society observes that a number of the Report’s recommendations are aimed at implementing policies, procedures and protocols to address cultural hazards that enable mistreatment to persist. Several recommendations also involve establishing robust vetting measures to ensure legal practitioners being considered for senior counsel or judicial positions have consistently demonstrated respect and courtesy to colleagues.

In relation to the recommendations that directly relate to the Society, the Society makes the following preliminary comments:

Recommendation 2

The Law Society promote the Australian Human Rights Commission (AHRC) guidance material on the positive duty to all members of the profession along with training to support its full implementation in legal settings.

The Society delivers regular training and education addressing bullying, harassment and discrimination including sessions based on AHRC guidance material and changing workplace culture, bystander awareness and continuing professional development sessions on victim support and trauma-informed practice.

The Society regularly reviews its training programs and will continue to do so, particularly in light of this recommendation.

Recommendation 3

The Law Society consider partnering with a research institute to develop an evidence-based training program that supports the profession in designing workplace systems that reduce risks of all forms of harassment occurring.

The Law Society will consider this recommendation and conduct a detailed analysis on how to most effectively deliver evidence-based training programs that will help law practices design safe workplaces.

Recommendation 7

The Legal Practitioners Act be amended to provide that where the Law Society refers a matter to the Legal Profession Conduct Commissioner (LPCC) under section 14AB, they must advise the complainant of any action taken pursuant to section 14AB unless the complainant expressly advises they do not want further contact.

Section 14AB of the Legal Practitioners Act requires the Society to make a Report to the LPCC if it decides there are reasonable grounds to suspect that a legal practitioner has committed an act or omission that would constitute unsatisfactory professional conduct or professional misconduct.

The Society is generally supportive of this proposal. The Society’s current practice to keep the complainant informed where they may be the source of the Report. The Society adopts a trauma-informed approach in dealing with Reports of bullying, discrimination and harassment.

The Law Society receives information from a variety of sources. The Society will consider how this recommendation can be positively implemented in the event that the complainant is not the source of information.

The Law Society will continue to review the Report's recommendations and develop further initiatives to combat bullying, discrimination and harassment and the underlying causes of them. Resources and support for creating positive workplace cultures are available on the Law Society's website.

Key Actions Taken by the Law Society:

In 2022, the Legal Profession Conduct Rules were amended to explicitly state that any form of discrimination, harassment, or bullying by a legal practitioner constitutes a breach of professional conduct.

Mandatory Training

The Law Society has implemented mandatory training for all South Australian lawyers on bullying, discrimination and harassment, leading the way nationally in addressing these issues. This includes specialised training on sexual harassment, bystander awareness and trauma-informed practices.

Support for the WE'RE EQUAL Campaign

The Society actively supports the Equal Opportunity Commissioner's WE'RE EQUAL campaign, promoting equality and respect for all individuals within legal workplaces. The Society encourages all legal workplaces to adopt this statement as a clear and positive commitment to equality in the workplace.

The Society commends Equal Opportunity Commissioner Jodeen Carney and her team for producing this comprehensive Report.

The Report should compel every lawyer and judicial officer to perform an honest evaluation of their own conduct and consider whether any of their actions have fallen short of the respect and courtesy that should be expected. The Society commends those who have already implemented and enforced robust anti-harassment policies in their workplace, spoken out against workplace mistreatment and created safe and supportive environments for employees (and others who engage with those practices) to raise concerns about workplace conduct.

For all media enquiries, please contact Michael Esposito, Communications Manager on (08) 8229 0239 or via [email protected].