Time for Change: Addressing Sexual Harassment
Sexual harassment is unacceptable, in any context.
It can happen to anyone, but often reflects power imbalances and gender-based discrimination. Sexual harassment drives people away from participating in the workplace and society, and limits their opportunities in the process. Sexual harassment causes lasting harm to individuals and organisations, and it erodes the public’s trust in our profession when our members are the aggressors.
Eliminating sexual harassment in the legal profession has been part of a long-running commitment from the Law Council and its Constituent Bodies regarding inclusion and diversity in the legal profession. In 2020, it was clear we needed to re-think how to drive cultural change within the profession.
On 8 July 2020, the Law Council convened a National Roundtable experts to review and make recommendations about the legal profession’s policy responses to sexual harassment. Following the National Roundtable Addressing Sexual Harassment, the Law Council consulted with its Constituent Bodies, external experts and worked with its Equal Opportunity Committee to develop the Law Council’s National Action Plan to Reduce Sexual Harassment in the Legal Profession (NAP).
The NAP brings together the determination of the Law Council’s state and territory Constituent Bodies to address sexual harassment, and maps a path forward that addresses the regulatory and cultural change factors necessary to facilitate better experiences for legal professionals. One of the measures recommended in the NAP is this Time for Change: Addressing Sexual Harassment portal, as a centralised information suite for people seeking information and resources about sexual harassment. The Time for Change: Addressing Sexual Harassment portal will continue to be updated as the Law Council and its Constituent Bodies develop resources and measures to address sexual harassment within the profession, including those outlined in the NAP.
Resources
The Law Council of Australia has the following resources:
- National Action Plan to Reduce Sexual Harassment in the Legal Profession
- LCA submission - National Inquiry into Sexual Harassment in Australian Workplaces
- Sexual harassment in the workplace
- Bullying and harassment in the workplace
- National Attrition and Re-engagement Study
- Diversity and Equality Charter
- National Model Framework Addressing Sexual Harassment for the Australian Legal Profession
Australian Human Rights Commission (AHRC)
The following resources are available on the AHRC website, including but not limited to:
- 'Encourage. Support. Act! Bystander approaches to sexual harassment in the workplace' (2012).
- 'Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces' (2020).
- AHRC's 'Sexual Discrimination' webpage.
Commonwealth of Australia
- Commonwealth of Australia, Australian Institute of Family Studies, in collaboration with Victoria Police, "Challenging misconceptions about sexual offending: Creating an evidence-based resource for police and legal practitioners" (2017).
Australian Capital Territory Bar Association
The ACT Bar Association has the following resources:
- Policies on sexual harassment; discrimination; and bullying.
- Accompanying complaint and report procedures.
Last updated: 25 February 2021
Australian Capital Territory Law Society
The ACT Law Society has the following resources:
- "Discrimintion, harassment and bullying", webpage.
New South Wales Bar Association
The New South Wales Bar Association has the following resources:
- Best Practice Guidelines, including the Model Harassment, Discrimination, Vilification and Victimisation Best Practice Guideline.
- A comprehensive guide to support services and information about avenues of complaint.
- Factsheet: Who can I talk to about sexual harassment at the Bar?
- Continuing Professional Development presentations.
Last updated: 25 February 2021
New South Wales Law Society
The Law Society of New South Wales has a dedicated portal which deals with the issue of sexual harassment in the legal workplace, including steps that NSW solicitors can take if they have experienced or witnessed sexual harassment, discrimination or victimisation.
You can access the Sexual Harassment in the Law Portal here.
Last updated: 12 July 2021.
Law Society Northern Territory
Visit the Law Society of Northern Territory website here.
Northern Territory Bar Association
Visit the Northern Territory Bar Association website here.
Queensland Law Society
The Queensland Law Society has the following resources:
- Your toolkit: Bullying, sexual harassment and discrimination.
- Webcast: Workplace sexual harassment, bullying and discrimination.
- Position Statement (2020).
- Position Statement (2018).
- Current QLS Workplace Bullying, Sexual Harassment & Discrimination Policy.
- "The law is a man’s world. Unless the culture changes, women will continue to be talked over, marginalised and harassed".
Last updated: 25 February 2021
Bar Association of Queensland
The Bar Association of Queensland's Policy Against Sexual Harassment.
Last updated: 25 February 2021
Law Society of South Australia
The Law Society of South Australia has the following resources:
- The Law Society of South Australia’s webpage contains a variety of resources relating to bullying, discrimination and harassment, including a Guideline for Bullying, Discrimination and Sexual Harassment; a fact sheet produced by the Equal Opportunity Commission (SA) that summarises the various complaint mechanisms and supports available to those in SA experiencing sexual harassment in the workplace; and a link to the “Inappropriate personal conduct” resource offered by the Legal Profession Conduct Commissioner.
Last updated: 18 June 2021
South Australian Bar Association
Visit the South Australian Bar Association website here.
Law Society of Tasmania
Visit the Law Society of Tasmania website here.
Tasmanian Bar Association
Visit the Tasmanian Bar Association website here.
Victorian Bar
The Victorian Bar has the following resources:
- Policy Against Sexual Harassment.
- Policy Against Discrimination.
- Policy Against Bullying.
- Complaint and Report Form.
- Grievance Protocol.
- Equality & Diversity Policy.
- "Stamping out sexual harassment, bullying and discrimination" webpage.
Last updated: 10 March 2021
Law Institute Victoria
The Law Institute of Victoria has the following resources:
- The Law Institute of Victoria's Addressing Sexual Harassment Portal, including guides, information and resources, complaint forms, position statements and policies.
- The Law Institute of Victoria's website also contains information on how to stop sexual harassment happening in your office.
Last updated: 25 February 2021
Victorian Equal Opportunity & Human Rights Commission
The Victoria Equal Opportunity & Human Rights Commission has the following resources:
Law Society of Western Australia
The Law Society of Western Australia has the following resources:
- "Statement to the WA Legal Profession from the Executive of the Law Society of Western Australia on Sexual Harassment in any Profession, any Workplace" (2020).
- The Australian Women Lawyers Ltd 2019 paper “Seven Strategies for Addressing Sexual Harassment in the Legal Profession”, endorsed by the Law Society of Western Australia in 2019.
- Law Society of Western Australia’s submission to Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces (2018).
- "Final Directions Paper – The Law Society of Western Australia's response to the Women Lawyers of Western Australia’s 20th Anniversary Review of the 1994 Chief Justice’s Gender Bias Taskforce Review" adopted by the Law Society Council on 23 August 2016.
The Law Society of Western Australia have recommended the following resources:
- The Women Lawyers of Western Australia Inc, "20th Anniversary Review of the 1994 Chief Justice’s Gender Bias Taskforce Report" (2014).
- The UN Women paper, "Stepping up to the Challenge: Towards international standards on training to end sexual harassment" (2020).
- Resources available on the Equal Opportunity Commission's website, including but not limited to fact sheets and brochures, helpful contacts and websites, and making a complaint.
- Resources available on the AHRC website, including but not limited to: 'Encourage. Support. Act! Bystander approaches to sexual harassment in the workplace' (2012); 'Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces' (2020) and the AHRC's 'Sexual Discrimination' webpage.
- Commonwealth of Australia Commonwealth of Australia, Australian Institute of Family Studies, in collaboration with Victoria Police, "Challenging misconceptions about sexual offending: Creating an evidence-based resource for police and legal practitioners" (2017).
- The Victoria Equal Opportunity & Human Rights Commission, "Changing the rules – The experiences of female lawyers in Victoria" (2012).
Last updated: 25 February 2021
Western Australian Bar Association
Visit the Western Australian Bar Association website here.
I Need To Talk With Someone
You can contact your local law society or professional association for more information. See previous links in the drop-down menu above.
The Australian Human Rights Commission website has information on support services and can assist those who have experienced sexual assault or sexual harasssment and would like to seek support.
The Australian Government has a list of support services, which you can contact.