Statement from the Heads of Jurisdiction, South Australian Courts on the Review of Harassment in the South Australian Legal Profession Report
23 January 2025
We, the Chief Judicial Officers of the Courts listed below (the Courts) thank the Commissioner for Equal Opportunity (the Commissioner) for undertaking and reporting on the Review of Harassment in the South Australian Legal Profession (the Review) by the Commissioner. It is important work which will guide our ongoing efforts to put an end to harassment in all its forms.
The report found that bullying, discrimination, and sexual harassment persists at disappointing levels throughout the legal profession and that some of the perpetrators are judicial officers. We accept the force of the Commissioner’s recommendations that procedures be implemented to ensure that the character of applicants for judicial office or senior counsel are more closely vetted.
We also accept the Commissioner’s recommendations that much more must be done to educate and warn the judiciary and the profession about what constitutes harassment, its drivers and the harm it causes to victims. We commit to do so.
Such behaviour from legal practitioners and the holders of high offices cannot be tolerated. We are committed to holding the perpetrators to account.
Since the Commissioner’s Report in 2021, much work has been done to improve anonymous and safe reporting avenues and to support our staff and members of the legal profession who have experienced inappropriate behaviour, including bullying and harassment.
We note the Commissioner’s recommendation that the Respectful Behaviours Working Group be reconvened “to drive, develop, and champion cultural change across the profession aimed at preventing harassment by eliminating its drivers”. The Chief Justice will do so.
Last year the Supreme Court established the Courtroom Culture Committee to maintain and improve high standards of respectful behaviour in the courtroom by providing a forum to which bad behaviour can be reported. It is comprised of two Supreme Court Judges, and representatives of the Law Society, and the Bar Association, including representatives of the Women at the Bar and Professional Responsibilities committees of the Bar Council. The Committee will also seek input from the Office of the Director of Public Prosecutions, the Legal Services Commission and the Crown Solicitor’s Office.
Judicial officers annually commit to the Judicial Officer Appropriate Workplace Conduct Policy. The standards in this policy mirror the standards outlined in the relevant policies which apply to Court staff, including the Alcohol and Drugs Policy which will be reviewed.
A range of professional development sessions, workshops and presentations which explore the drivers of inappropriate behaviour, bystander and reporting responsibilities, and how to eliminate poor behaviour, are attended annually by judicial officers. These education sessions are standing items at judicial conferences and are a topic at regular judicial meetings. An all-courts committee was established in November to identify world’s best practice programs for professional judicial development on building a safe and respectful workplace.
The Courts Administration Authority (CAA) has also done much to address the issue of workplace safety for Courts staff including implementing the CAA’s Resolution Procedure in 2022. This outlines the processes and options available for CAA staff to raise concerns about sexual harassment, bullying, discrimination, and other forms of harassment and victimisation in the workplace.
It is very disappointing that the behavioural standards of too many legal practitioners and judicial officers have not met community expectation. The onus is now on the judiciary and the profession to ensure that bullying, discrimination and harassing behaviour is identified and stopped, and that our support mechanisms are robust and readily available for those suffering such behaviour.
The Courts will now consider further the Commissioner’s recommendations.
The Honourable Chris Kourakis, Chief Justice
His Honour Judge Michael Evans, Chief Judge District Court
Her Honour Judge Mary-Louise Hribal, Chief Magistrate
Her Honour Judge Penny Eldridge, Youth Court
His Honour Judge Michael Durrant, Environment, Resources and Development Court
State Coroner Mr David Whittle
Enquiries: Media and Communications Officer
Phone: 82040403 or 0467 795 291
Email: media@courts.sa.gov.au
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