Compulsory training for all SA lawyers to tackle scourge of bullying, sexual harassment

Every SA lawyer would undergo annual anti-bullying and sexual harassment training, under a plan by the state’s Chief Justice.

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All South Australian lawyers would undertake compulsory anti-bullying and sexual harassment training under a plan to stamp out the behaviour within the state’s legal profession.

Chief Justice Chris Kourakis held a meeting with various legal stakeholders, including the South Australian Bar Association, the Law Society of SA and Women Lawyers Association of SA, to discuss “practical solutions” to tackle the scourge of bullying and sexual harassment within the sector.

The group agreed to implement a number of in-principle measures, including:

COMPULSORY and continuing professional development and compulsory training for all lawyers, which will be run by the Law Society of SA;

A CONFIDENTIAL complaints process where practitioners can lodge grievances and receive support and counselling;

ENSURING involvement of the profession from the grassroots level to the highest level, starting at law schools.

“The meeting also recognised a need for ongoing training for all practitioners to be undertaken annually and an acknowledgment of their understanding of the obligation they have in reporting inappropriate behaviour,” a statement from the Courts Administration Authority read.

“The training would include an individual’s responsibility, either as an employer or an employee or simple bystander, in relation to instances of bullying and sexual harassment.”

The statement said Chief Justice Kourakis said “has said that he recognises the need to demonstrate the same kind of leadership shown by The Hon Susan Kiefel AC, Chief Justice of the High Court of Australia, in response to allegations of sexual harassment against one of the High Court’s former members.”

Last month a High Court investigation into the conduct of former judge Dyson Heydon, 77, upheld sexual harassment complaints made against him by six young female associates.

Chief Justice Kourakis said he would call another meeting later this year to “map out practical steps for implementation of the strategies”.

Law Society of SA president Tim White supported the proposed measures.

“There should be a zero-tolerance attitude to sexual harassment, and we should do all we can to make workplaces safe and inclusive,” he said.

“The society has long advocated for a mandatory continuing profession development for practitioners that relates to inappropriate conduct – ongoing education is key to building a culture of respect and inclusivity.”

Top Adelaide barrister and advocate for women in the legal profession Claire O’Connor SC said the measures were a step in the right direction but there was also a need for consequences for perpetrators.

“I think that today, with that announcement and Connie Bonaros’ announcement, there are men in the legal profession, including those who were or are on the bench, that I know who will be very, very worried, and that’s a good thing,” she said.

SA Best MLC Connie Bonaros on Wednesday called for an independent investigation into harassment within the legal profession.

Attorney-General Vickie Chapman welcomed the Chief Justice’s announcement, saying sexual harassment was “unacceptable in any profession”.

Ms Chapman said she recently met with both Legal Profession Conduct Commissioner Greg May and Equal Opportunity Commissioner Dr Niki Vincent.

“During both meetings I suggested they each meet with each other about how they can promote the avenues lawyers and those working in that profession can take if they want to report any case of harassment,” she said.

“I also plan to raise this with Members of the Women Lawyers Association when I next meet with them.

“To date, both Mr May and Dr Vincent have expressed to me that no complaints have been received by them from within the South Australian legal profession.”