One of the fundamental rights for anyone working in the legal profession – or any workplace, for that matter – is that they can work in an environment in which they are free from sexual harassment, bullying, discrimination, vilification or victimisation.

Which is why the allegations of sexual harassment made by six women against former High Court Justice Dyson Heydon AC QC, the findings of an independent investigation into the allegations, and the subsequent statement issued by The Hon Susan Kiefel AC, Chief Justice of the High Court of Australia, are deeply concerning and disturbing.

Allegations of this nature strengthen the Law Society’s resolve to be part of the solution to eliminate unacceptable behaviour in the workplace and to create a culture where victims can speak out against such behaviour in the knowledge that it will have severe consequences for the perpetrator, and not them.

Over the weekend, at a board meeting of the Law Council of Australia, all Directors, myself included, were united in their commitment to work together to eliminate sexual harassment in the legal profession.

Key measures agreed by Directors at the Law Council board meeting included:

• calling on the Federal Government to amend the Sex Discrimination Act 1984 (Cth) so that victims of sexual harassment in the workplace can be protected with a comprehensive legislative framework that extends to barristers and statutory office holders.
• endorsing the Law Council’s call for the Federal Government to establish a Federal Judicial Commission.
• prioritising the development of protocols relating to the standards of judicial behaviour in the courtroom, and
• for the Law Council to convene a national round table, bringing together relevant decision-makers from across the country, to share best practice and programs, with the idea of selecting and developing a blueprint for action to address sexual harassment in the workplace and the advancement of women in the legal profession.

It’s vital that all workplaces have transparent and effective complaints procedures to enable survivors to come forward, ensure that independent investigations are conducted, and if allegations are made out, perpetrators are dealt with swiftly and appropriately.

On a state level, the Law Society is committed to ensuring that solicitors comply with legal standards and meet community expectations in their practice. This goes to the heart of everyone being treated equally by the law and before the law.

Similarly, it’s crucial that everyone who works in the NSW legal profession is aware of the steps that can be taken, as detailed on the OLSC website, if someone is subject to sexual harassment, discrimination, bullying or inappropriate behaviour in the workplace.

Richard Harvey, President, Law Society of NSW

< Go back