Discrimination, bullying and sexual harassment are contrary to the Barristers’ Conduct Rules.
There is no place for such behaviour at our Bar.
We want a welcoming, safe and supportive professional environment for all.

 

SABA’s Policy against Discrimination, Bullying & Harassment can be found here.

South Australian Legal Practitioners Conduct Rules

Anti-Discrimination and Harassment

123. A barrister must not in the course of, or in connection with, legal practice or their profession, engage in conduct which constitutes:

(a) discrimination;

(b) sexual harassment;

(c) any other form of harassment; or

(d) workplace bullying.

 

Definitions

Expressions used in these Rules which are also used in the [Legal Practitioners Act 1981] have the same meanings as they have in the Act, unless the context requires otherwise. Unless the context requires otherwise, the singular includes the plural and vice versa.

Unless the context requires otherwise, the following expressions are defined as follows when used in these Rules:

“discrimination” means discrimination that is unlawful under the applicable state, territory or federal anti- discrimination or human rights legislation.
“harassment” means harassment that is unlawful under the applicable state, territory or federal anti-discrimination or human rights legislation.
“sexual harassment” means an unwelcome sexual advance, request for sexual favours, or otherwise engaging in other unwelcome conduct of a sexual nature to the person harassed in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.
“workplace bullying” means bullying that is unlawful under the applicable state or territory anti-discrimination or human rights legislation or constitutes bullying at work under Commonwealth legislation. If no such legislative definition exists, it is conduct within the definition relied upon by the Australian Human Rights Commission to mean workplace bullying. In general terms, it includes the repeated less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice. It includes behaviour that could be expected to intimidate, offend, degrade or humiliate.

Complaints relating to sexual harassment, discrimination and bullying

SABA’s Procedure to deal with Grievances concerning Sexual Harassment, Workplace Bullying and Discrimination is available to assist any person who witnesses or experiences a barrister engaging in any such behaviour.  It sets out ways of reporting that behaviour or making a complaint about that behaviour, with the purpose to assist with the resolution of any such grievance.

 

The following members of the SA Bar are Grievance Stewards (in accordance with the Grievance Procedure):

An expanded list is also available in the Members’ Only Area.

 

Other Avenues available for complaint include the:

– Legal Profession Conduct Commissioner – in relation to a barrister or solicitor – via the website at https://lpcc.sa.gov.au/inappropriate-personal-conduct.  An online reporting tool provides the option of anonymity via https://salpcc.elker.com/report.

– Judicial Conduct Commissioner of SA – in relation to the conduct of a judicial officer – with the information about the complaint process being available at https://jcc.sa.gov.au/content/make-complaint.

– Australian Human Rights Commission via https://humanrights.gov.au/complaints.

– Equal Opportunity Commission of South Australia – with information about the complaint process found at https://eoc.sa.gov.au/what-discrimination/complaint-process.

Help and Counselling Services

BarCare Counselling Service is an independent and confidential professional counselling service designed to assist members to manage any problems they are currently experiencing.  Up to three phone consultations are provided free of charge.  If you require assistance, please contact Jenny Houen, Director of Care and Assistance, to arrange a consultation.  Her details are 0427 317 958 or jhouen@barcare.org.

Lifeline is a national charity providing all Australians experiencing a personal crisis with access to 24-hour crisis support and suicide prevention services.  Call 13 11 14 or click on the link to the website.

Beyond Blue provides help and support for those affected by anxiety and depression.  Call 1300 22 4636 or click on the link to the website.

1800Respect provides 24-hour confidential information, counselling and support to people impacted by sexual assault, family violence and abuse.  Call 1800 737 732 or click on the link to the website.

Anti-Discrimination SA runs an information hotline about sexual harassment and handles complaints under the Anti-Discrimination Act 1977.  Call 1800 670 812 to find out more.