SA court chiefs vow to hold perpetrators to account after new review highlights continued harassment within the legal profession

The chiefs of South Australian courts have responded to a scathing report highlighting harassment in the legal profession – and have vowed to hold perpetrators to account.

The chiefs of South Australian courts say the poor behaviour of “too many” legal practitioners and judicials officers is “very disappointing” – and have vowed to hold perpetrators to account.

Responding to a review of harassment in the legal profession, the chiefs said the onus was now on the judiciary and the profession to ensure that bullying, harassment and discrimination is identified and stopped.

The review, conducted by Equal Opportunity Commissioner Jodeen Carney, found “harassment in all forms persists” and “some senior members of the profession, including judicial officers, continue to offend”.

It was released this week – more than three years after an initial 2021 review made a series of scathing findings and put forward a range of recommendations.

Ms Carney found that many of the issues identified in 2021 remain prevalent despite efforts to address them.

New Equal Opportunity Commissioner Jodeen Carney. Picture: Supplied

She said perpetrator responses including “prove it”, “I’ll sue for defamation” and “no one will believe you” – which were reported by victims during interviews – highlight a persistent culture of denial, threat and intimidation.

More than 50 per cent of respondents to a survey that formed part of the review said they had experienced sexual harassment, discrimination or bullying at work in the past three years, and one in two said they had witnessed it.

Ms Carney made 13 new recommendations including a review of reporting procedures within legal workplaces, and that all legal workplaces review the availability, purpose and use of alcohol at work and work-related functions.

She said sexual harassment, discrimination and bullying are unlawful but persist in the legal profession.

“The legal sector not only administers the law but also plays an important role in protecting the rights of others which makes the results of this review even more disappointing,” she said.

On Thursday, the heads of each court jurisdiction – Chief Justice Chris Kourakis, Judge Michael Evans, Judge Mary-Louise Hribal, Judge Penny Eldridge and State Coroner David Whittle – issued a statement responding to the report.

“We accept the force of the Commissioner’s recommendations that procedures be implemented to ensure that the character of applicants for judicial office or senior counsel are more closely vetted,” they said.

“We also accept the Commissioner’s recommendations that much more must be done to educate and warn the judiciary and the profession about what constitutes harassment, its drivers and the harm it causes to victims. We commit to do so.

“Such behaviour from legal practitioners and the holders of high offices cannot be tolerated. We are committed to holding the perpetrators to account.”

The statement said, since the 2021 report, much work has been done to improve anonymous and safe reporting avenues and to support members of the legal profession who have experienced bullying and harassment.

But the chiefs acknowledged “it is very disappointing that the behavioural standards of too many legal practitioners and judicial officers have not met community expectation”.

“The onus is now on the judiciary and the profession to ensure that bullying, discrimination and harassing behaviour is identified and stopped, and that our support mechanisms are robust and readily available for those suffering such behaviour,” the statement said.

The Law Society of SA urged all legal professionals to reflect on their own workplace conduct in the wake of the report.

“While acknowledging progress, the report underscores the need for continued efforts to eliminate these harmful behaviours,” a statement said.

“The Law Society is committed to a zero-tolerance approach and calls upon the entire profession to embrace this standard.”

Attorney-General Kyam Maher said the fact that so many people working in the profession have either witnessed or experienced some form of harassment was “deeply concerning, and a sign of just how much work still needs to be done”.