Harrasment

MODEL SEXUAL HARASSMENT AND DISCRIMINATION POLICY

On 17 June 2004 the Bar Council approved a model sexual harassment and discrimination policy for adoption by individual chambers. The policy provides chambers with a structure to resolve matters of sexual harassment or discrimination that may arise.

The Bar Association will, in accordance with the new policy and with clause 142 of the Legal Profession Regulation 2002, be organising CPD seminars relating to sexual harassment.

INTRODUCTION

1. The members of this Chambers/ Floor are committed to ensuring that each other and any employees, visitors or other barristers working with members of this Floor are free from sexual harassment and discrimination whilst on the Floor.

2. The Legal Profession Regulations reinforce a barrister's responsibilities with respect to discrimination and harassment.

2.1 The Anti-Discrimination Act and Federal discrimination laws including the Racial Discrimination Act, Sex Discrimination Act and the Disability Discrimination Act make it unlawful to engage in conduct constituting discrimination, harassment, vilification and victimisation in employment and the provision of services.

2.2 A legal practitioner who, in connection with the practice of law, engages in any conduct that constitutes unlawful discrimination (including unlawful sexual harassment) under the Anti Discrimination Act against any person can be liable for professional misconduct.

2.3 A legal practitioner who fails to take all reasonable steps to prevent his other employees, agents or fellow workplace participants from engaging in unlawful discrimination and/or harassment may be vicariously liable for such acts or treated as permitting those acts to have occurred.

POLICY

3. Sexual harassment and discrimination of any kind towards any barrister, employee of the Floor or any person visiting the Floor including solicitors, their staff or clients is unacceptable conduct and will not be tolerated.

4. All members of this Floor and people who work on this Floor have a responsibility to help maintain a work environment that is free from all forms of sexual harassment or discrimination.

5. The policy is also intended to provide people, who do not work on the Floor but have dealings with a barrister who is a member of the Floor, with the option of raising a concern about the barrister's conduct with the relevant Floor contact person or committee. In the event that there is an issue between barristers on different Floors, if both Floors have adopted the model policy then in the first instance the complaint will be dealt with the cooperation between those responsible for implementing the policy on each Floor, if only one of the Floors has adopted the policy then the matter can be dealt with by that Floor's committee.

PURPOSE OF THIS POLICY

6. The purpose of this policy is to:
(a) record that the Floor has adopted this policy,
(b) put in place a procedure where by any complaints relating to such conduct can firstly be dealt with on an informal basis within the Floor, hopefully to resolution in a way that preserves the dignity of all involved but also causes whatever conduct that may have occurred to cease;
(c) put in place a procedure whereby if the Floor feels it is unable, after its best endeavours, to resolve any issue to refer the matter to the panel established under this policy for advice. Where the matter is particularly serious, the complainant or the floor itself has the option to lay a complaint with the Legal Services Commissioner in the usual way.

COMPLAINTS/PROCEDURE

7. Any person who believes that he or she has been the subject of sexual harassment or discrimination in connection with this Floor or any person who believes that another person on the Floor has been the subject of such conduct by another Floor member or employee, should immediately report the alleged act to either [the nominated contact person, head of chambers or the Directors or the relevant Floor Committee]. The obligation to take all reasonable steps to prevent discrimination and harassment, may require Floor members to be proactive in addressing issues when they arise and not rely on a complaint to be made by the specific person affected by the conduct.

8. Reports of such nature will be taken seriously and dealt with promptly. Such complaints will be treated confidentially.

9. Whilst, what action is taken will depend on the nature and gravity of the conduct reported and the extent to which the person the subject of the discrimination and harassment wishes to make a complaint, in general the Floor will endeavour to resolve the matter by consultation/mediation on an informal and confidential basis. If satisfied that harassment or discrimination has occurred, the Floor will take such steps as are deemed appropriate at the time and having regard to all the circumstances to ensure that the conduct ceases and will not reoccur.

10. In the event that the complainant, or the Floor feels incapable of resolving the matter, either because of the identity of those involved, or the gravity of the complaint or after its best endeavours to resolve the matter, either or both will refer the issue to the panel established under this policy for advice.

11. It goes without saying that any retaliation of any type against any person who in good faith raises a reasonable concern about sexual harassment or discrimination will simply not be tolerated and may in certain circumstances amount to professional misconduct.

12. Further, it is always open to the complainant to seek independent advice and pursue such remedies as may be available under relevant State or Federal law, as she or he considers appropriate or to make a formal complaint to the Legal Services Commissioner.

CONFIDENTIALITY

13. It is recognised that confidentiality is essential. The Floor members who are responsible for the enforcement of this policy undertake to respect and maintain the confidentiality and privacy of all individuals involved, to the extent that that is reasonably possible.

DEFINITION

14. The following definition is contained in the Anti Discrimination Act.
Sexual harassment is an unwelcome sexual advance, request for sexual conduct and/or other verbal or physical conduct of a sexual nature when such conduct unreasonably interferes with work performance, or creates an intimidating, hostile or offensive working environment.

15. In short, once it becomes reasonably clear that the recipient of the conduct does not welcome or appreciate it, then the conduct must stop immediately.

DATED: 29 January 2004

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