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Qld Bar decides against amendments for sexual harassment
The Bar Association of Queensland will not be amending rule 12 of its barristers’ rules to expressly prohibit sexual harassment, having deemed it sufficient enough as it is.
Naomi Neilson
In a statement to members, president Rebecca Treston QC said the association would not be amending rule 12 of the 2011 Barristers’ Rules to include an express and direct prohibition on sexual harassment. The subcommittee formed to examine amendments said the rule as it currently stands sufficiently covers this form of barrister misconduct.
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Shortly after the statement from Chief Justice of the High Court the Honourable Susan Kiefel AC regarding Dyson Heydon’s conduct, the association vowed to examine their own policies to ensure protections and accountability for sexual harassment victims.
“There is no place for sexual harassment or bullying in any workplace. It is particularly unacceptable that power imbalances are exploited, making complainants reluctant to raise allegations,” Ms Treston said, adding that the association recognises that the bar and the profession are not immune from the harassment from every other industry.
In December 2019, a draft Sexual Harassment Policy came before the bar council and was finalised earlier this year. The policy provides assistance to members to help them understand their rights and obligations as well as offering support mechanisms.
Following the formalisation of that policy, the association then formed its subcommittee to consider whether rule 12 should be amended to reflect sexual harassment.
Rule 12 holds that barristers “must not engage” in conduct that is dishonest or may be discreditable to a barrister. They must also consider whether their behaviour could be prejudicial to the administration of justice and is likely to diminish public confidence in the administration of justice or otherwise bring the legal profession into disrepute.
“The subcommittee considered the issue carefully and in detail. Ultimately, it’s decided that no change to Rule 12 is required as in its current form Rule 12 extends to all types of unacceptable conduct and that conduct such as sexual harassment would be plainly covered by Rule 12,” Ms Treston said in the recent statement to Bar members.
Members of the Bar and the Supreme, District and Magistrates’ courts signed a judicial conduct policy in 2019 that provided a safe means for barristers to raise all matters of concern in relation to courtroom conduct. The association encouraged bar members to reach out either through this or other support mechanisms for aid in this area.
“We remain focused on the health and wellbeing of our members. The Bar must be a safe workplace for all. We thank our many members who work each day towards this goal,” Ms Treston said.
