The Government is considering reforms in the legal sector after a review by the Commissioner for Equal Opportunity has found that, while there have been some improvements in addressing sexual harassment in the profession after action taken by both Government and the private sector, harassment within the profession remains.
The Government commissioned a follow up review to the 2021 Acting Commissioner for Equal Opportunity Steph Halliday's review into harassment in South Australia's legal profession, which highlighted widespread sexual and discriminatory harassment throughout the profession.
Commissioner for Equal Opportunity, Jodeen Carney, conducted the review to determine what steps had been taken in the wake of Ms Halliday's report, and whether there had been any marked change in the prevalence of bullying, discrimination and sexual harassment in the sector.
While a number of steps had been taken to enact the 2021 review's recommendations across Government, the judiciary and the private sector, the 2024 review has found that many of the same issues continue to be widespread, with around half of all respondents indicating they had experienced some form of harassment in the workplace.
This review also highlights the improvements that have been made in the profession over the past few years, including a reduction in some forms of sexual harassment, an increased willingness by victims and witnesses to take action, and a greater overall awareness within the sector around behaviours of concern and the importance of reporting harassment.
Commissioner Carney has made 13 new recommendations, including a review of reporting and complaint handling procedures by all legal workplaces to ensure better protection of workplace rights and responsibilities.
A copy of the review can be found here.
As put by Attorney-General Kyam Maher
The fact that so many people working in the profession have either witnessed or experienced some form of harassment is deeply concerning, and a sign of just how much work still needs to be done.
While some surveyed participants noted that the legal profession today is a far better place to be than it has been in decades past, the continuation of harassment on any level - especially in this profession - is simply not good enough.
Where there are recommendations for Government, they will be considered thoroughly with a view to making the profession a safer place for all people to work.
As put by Commissioner for Equal Opportunity Jodeen Carney
Sexual harassment, discrimination, and bullying are unlawful. Yet, aided by denial, intimidation, and incivility, they persist in the legal profession, with many victims fearful of reporting this conduct.
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.
The nature of the legal profession means that it should be held to a higher standard of conduct by its members.
I have made recommendations that are directed to driving change to prevent harassment from occurring, and foster safe, inclusive workplaces for all who work in the legal sector.
