About the policy

What is the Gender Equitable Briefing Policy?

The Gender Equitable Briefing Policy was launched by the Law Council of Australia in June 2016. The aim of the Policy is to achieve a nationally consistent approach towards bringing about cultural and attitudinal change at all levels of the legal profession with respect to gender briefing practices. Equitable briefing practices maximise choices for legal practitioners and their clients, promote the full use of the independent bar and optimise opportunities for practice development of all barristers. The Policy encourages all persons or entities who brief or select barristers to make all reasonable endeavours to brief or select women barristers with relevant seniority and expertise, experience or interest in a relevant practice area. The Policy sets short and long term targets and provides reporting obligations for briefing entities and barristers who adopt the Policy. The Policy does not require the briefing, selection or recommendation of a woman barrister merely because she is a woman. Rather, by requiring the person making the recommendation to turn their mind consciously to the question, it ensures a thorough consideration of the qualifications and experience of available barristers and so assists in promoting truly meritocratic briefing. 

Why has the NSW Bar Association adopted the National Gender Equitable Briefing Policy?

Released in March 2014, the National Attrition and Re-engagement Study (NARS) report noted the following experience for female barristers:

• a) Female barristers reported experiencing almost every form of discrimination or type of harassment at work more often than their counterparts in private practice or in-house legal roles;
• b) Female barristers were twice as likely as those in private practice or in-house roles to believe that they have experienced sexual harassment at their workplace.
• c) Female barristers were also more likely than other females to report experiencing discrimination due to gender, bullying or intimidation and discrimination due to family/carer responsibilities.
• d) Conscious bias experienced by women included being denied briefs because clients preferred male counsel.
 

In August 2014, in response to the NARS Report, the then President of the NSW Bar Association, Ms Jane Needham SC, established an Equitable Briefing Working Group. The purpose of the Working Group was to review the implementation and operation of the 2004 Law Council of Australia’s Equitable Briefing Policy which was then still current (2004 Policy).

The Working Group’s terms of reference were to:

• a) Review existing measures and strategies adopted by the Bar, Law Society, firms and in-house counsel for implementing the 2004 Policy;
• b) Identify possible barriers for the implementation of the 2004 Policy;
• c) Identify benefits of the 2004 Policy;
• d) Identify strategies for implementation of the 2004 Policy in the short term and long term; and
• e) Identify and make recommendations in relation to any necessary amendments of the 2004 Policy.

The Working Group reported its findings and, in summary, made four recommendations:

• 1.Revise the 2004 Policy;
• 2.Set targets;
• 3.Require collection and reports of data to be made;
• 4.Enhance implementation strategies.

• From these recommendations the Policy was developed.
• The NSW Bar Association is seeking to attract and retain a greater number of women at the NSW Bar, which currently comprises approximately 2,300 barristers – 78.29% male and 21.71% female.[1] The Policy is seen as one of the means of achieving this aim.
• The NSW Bar Association from time to time briefs barristers. It has adopted the Policy to promote equality at the Bar and, more importantly, to ensure that it attracts and retains women to the NSW Bar.

Does the Policy apply to me?

The Policy is for the benefit of the whole legal profession – men and women. It maximises choices for legal practitioners and their clients, promotes the full use of the independent bar and optimises opportunities for practice development of all barristers. Briefing entities, clients and barristers can adopt the Policy.

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[1] As at January 2017.