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 Barristers’ Conduct Rules

Anti-Discrimination and Harassment

117. A barrister must not in the course of practice, engage in conduct which constitutes:

  • discrimination;
  • sexual harassment; or
  • workplace bullying.

 

Definitions

118. 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.

119. 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.
“sexual harassment” means harassment that is unlawful under the applicable state, territory or federal anti-discrimination or human rights legislation.
“workplace bullying” means behaviour that could reasonably be expected to offend, intimidate, degrade, humiliate, isolate or alienate a person working in a workplace.

Complaints relating to sexual harassment, discrimination and bullying

Internal complaints – where an investigation or formal response is requested – can be made to the Professional Responsibility Committee.  This can be done via the Chair, another member of the Committee or the SABA Executive Officer.  All complaints must be made in writing.

 

The list of members of all Committees can be found in the members-only section of the SABA Website.  It is noted that the Professional Responsibility Committee has both male and female representatives.

 

External complaints can be made to the:

– Legal Profession Conduct Commissioner – in relation to a barrister or solicitor – via the website at https://lpcc.sa.gov.au/.

– 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.