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Victorian firms should report on ethnic diversity, LIV says
Under new recommendations by the Law Institute of Victoria, firms are being encouraged to report on and track ethnic diversity to ensure the profession breaks down discriminatory barriers.
Naomi Neilson
A comprehensive report by Law Institute of Victoria (LIV) president Sam Pandya called on the profession to adopt real change to its approach to diversity. It also recommends firms should be asked s to collect and report on the organisations’ ethnic diversity to both the Victorian Legal Services Board + Commissioner and the LIV regularly.
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Solicitors and barristers were asked questions around cultural diversity on a practising certificate renewal form which found more than 20 per cent were not born in Australia, and another 22 per cent spoke languages other than English. Among legal graduates, 34 per cent were born overseas and 50 per cent spoke a language other than English.
The recommendation seeks to create a shift in the profession towards investing in and taking ownership of the importance of ethnic diversity at all levels of firms,” Mr Pandya said. “This ownership would encourage firms to regularly monitor their cultural diversity profile, policies and practices to address barriers to diversity.”
The recommendations would also see firms compared with the industry standards and be celebrated for their achievements, which in turn would attract more talent.
Mr Pandya said that a positive duty on employers to take measures to eliminate racial discrimination has existed in Victoria’s Equal Opportunity Act for 10 years, but it seems to have “little significant change” in ethnic diversity within the legal profession.
He said it is concerning because ethnic diversity is important for the law to ensure that the most talented practitioners start and develop their careers; that discrimination from and against lawyers is eradicated; because some members of the community are not comfortable seeking advice; and for creating an effective, informed justice system.
“When I first began working in Australian law firms, I was disappointed to see that the legal profession, particularly at senior levels, did not reflect its rich diversity. I was also concerned to see, when appearing in courts and tribunals, the members of the bar and judiciary, those who administer justice, were limited in diversity of experience,” Mr Pandya said.
“I troubled me that the absence of an ethnic and cultural diversity in the profession and judiciary, or the perception of that, could, if not addressed, threaten a reputation of the profession and system to properly administer justice.”
Mr Pandya said the profession is ready for change but seems “at a loss” on how it can achieve it. He said he sees the report ‘Positive Action, Lasting Change’ as “one strand of the guidance required” that is asking the whole of the profession to invest more time into working to “take positive action into achieving lasting change”.
