Bullying, Discrimination and Harassment

Allegations of bullying, discrimination and harassment diminish public confidence in the legal profession and the administration of justice. The Law Society of South Australia is committed to eliminating bullying,  discrimination and harassment in the legal profession.

A key step towards this important goal is the development of a Guideline for the profession on Bullying, Discrimination and Sexual Harassment which contains a No Tolerance statement. The Society encourages all firms to adopt the No Tolerance statement.

The Society is a WE'RE EQUAL employer committed to treating everyone, including customers, staff, suppliers and contractors, equally, regardless of their age, ability, gender diversity, sexuality, relationship and reproductivity status, race, religion and culture.

Finding help and support

Steps you can take if you experience bullying, discrimination or harassment in the course of your practice, either personally or as a witness.

Complaints to the Legal Profession Conduct Commissioner

The Legal Profession Conduct Commissioner (LPCC) operates a processes for the confidential (and anonymous if preferred) reporting of sexual harassment, discrimination and workplace bullying in the legal profession. There is also the option to speak confidentiality, and anonymously if wished, about sexual harassment, discrimination and workplace bullying in the legal profession to an officer appointed by the Commissioner prior to, or instead of, making a formal complaint.

If you are considering making a complaint of inappropriate personal conduct, you can contact the LPCC officer directly for a confidential discussion about the conduct and advice about complaint procedures, alternative options and available resources by calling (08) 8456 8870 or by sending an email to bdh@lpcc.sa.gov.au.

Inappropriate conduct can also be reported to the LPCC via the Speak Safely online tool. For more information about the Speak Safely tool, please read the LPCC's article in the Bulletin.

The LPCC has authored an informative Bulletin article on the role of complaint processes and more information can be found on the LPCC's website. 

Complaints about current or former judicial officers of South Australia

Judicial Conduct Commissioner 

Anyone can make a complaint about the conduct of a current serving judicial officer to the Judicial Conduct Commissioner.

Supreme Court of South Australia

In response to the Report on the Inquiry into Sexual Harassment in the Legal Profession, the Honourable Chief Justice Chris Kourakis established a dedicated email address (complaints@courts.sa.gov.au) to which complaints about the conduct of any serving or former judicial officer of this State can be sent. The complaint can be made anonymously or the complainant can choose to identify themselves.

The Chief Justice has offered to meet with any complainant who would like to discuss their complaint with his Honour directly, and, if the complainant wishes, to do so away from the courts to ensure confidentiality.  His Honour has indicated he would support complainants in referring matters to SA Police or the Judicial Conduct Commissioner should they wish to pursue complaints formally.

Complaints about barristers

The South Australian Bar Association'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. More information is available on the SABA website. 

Other reporting mechanisms

You also have the right to:

Society Support Services

Information about the Society’s support services, which include support in relation to bullying, discrimination or harassment can be accessed via the links below.

Practitioners are encouraged to contact the Ethics and Practice Unit of the Society for assistance or further enquiries on (08) 8229 0229 or via email.

Resources 

Law Society

Speak safely: New legal profession harassment reporting tool by Anthony Kean, Legal Profession Conduct Commissioner, Bulletin, June 2023
Model Framework gives guidance on effective policies to stamp out harassment by Justin Stewart-Rattray, Bulletin, May 2022
Legal Practitioners Conduct Rules: Structure & application by Rosalind Burke, Bulletin, May 2022 
National model framework addressing sexual harassment in the profession, Bulletin, May 2022 
New rules on bullying, discrimination and sexual harassment in the legal profession by Greg May, Legal Profession Conduct Commissioner, Bulletin, May 2022 
New conduct rules apply to all SA practitioners by Justin Stewart-Rattray, Bulletin, April 2022 
Another challenging year comes to a close, but commitment to welfare of the profession continues by Rebecca Sandford, Bulletin, December 2021 
Harassment in the legal industry: Cultural change requires a movement, not a mandate by Alexia Bailey and Marissa Mackie, Bulletin, September 2021 
It's incumbent on all of us to improve workplace cultureby Rebecca Sandford - Bulletin, August 2021
Bullying, sexual harassment and discrimination in the legal profession: What is the Society doing about it? by Amy Nikolovski, Bulletin, December 2020 
Sexual harassment in the legal profession: the role of complaints processes, by Greg May, Legal Profession Conduct Commissioner, Bulletin, November 2020 
The scourge of sexual harassment in the profession must be stamped out - Media Release, June 2020 
Survey results trigger action plan to make workplaces safer - Bulletin, December 2019 
Global report shines light on bullying and harassment in the legal profession – Media Release, May 2019
Working Group develops anti-discrimination recommendations following survey– Bulletin, February 2019
Law Society forms working group to address workplace bullying, discrimination and harassment in response to survey– Media Release, October 2018
Law Council of Australia

Australian Human Rights Commission

The AHRC’s Respect@Work website contains over 100 resources to help prevent and respond to sexual harassment in the workplace.