Harassment laws for lawyers

A national plan to reduce harrasment in the legal profession would reform sexual discrimination laws.

The Law Council will also consult on new possible obligations that could apply to any ­bystanders who witness sexual harassment taking place.

Sexual discrimination laws would be reformed to make it clear that sexual harassment in any context — including by judges, barristers and public officials — is unlawful, as part of a national plan to reduce harassment in the legal profession.

It comes after an alleged scandal involving former High Court judge Dyson Heydon.

Workers could also become ­liable for “aiding and abetting” sexual harassment by their colleagues, and a new federal ­judicial commission would be created to handle complaints against federal judges.

The proposed changes are part of the Law Council’s national action plan to reduce sexual harassment in the legal profession, released on Wednesday.

The plan comes after High Court Chief Justice Susan Kiefel revealed in June that an independent investigation had found Mr Heydon had sexually harassed six young female associates during his time on the court. Mr Heydon denied the allegations.

Under the Law Council’s plan, legal professional rules would be changed to ensure that lawyers could face disciplinary action for sexual harassment that occurred outside the workplace, including at after-works drinks or networking functions.

The Law Council will also consult on new possible obligations that could apply to any ­bystanders who witness sexual harassment taking place.

Law Council president Pauline Wright said the action plan was aimed at driving cultural change and facilitating a better experience for legal practitioners.

“Sexual harassment is unacceptable in the legal profession, and the Law Council and its constituent bodies are committed to its elimination,” she said.

“One way of achieving this is to outline specific law reform proposals as policy positions of the Law Council. The national action plan also includes measures that the legal profession can implement to drive cultural change.”

The plan says sexual harassment and discrimination are key factors driving women from the legal profession and are a barrier to their re-engagement.

“In failing to address issues such as sexual harassment, the legal profession effectively filters out large numbers of talented individuals from its ranks,” it says.

It says sexual harassment in workplaces is “pervasive and damaging”, and the legal profession’s hierarchical and male-dominated nature and com­petitive environments contribute to the risks faced by lawyers.

The plan quotes studies that have found lawyers who experience sexual harassment are reluctant to report it or tell anyone it has occurred, and that when lawyers do report it, the vast ­majority believe nothing is done about it. It says the burden is placed on victims to report harassment and initiate actions.

The Victorian Legal Services Board and Commissioner’s report found last year that about one in three legal professionals had experienced sexual harassment, and women were significantly more likely to experience sexual harassment than men.