The Bulletin - Law Society of South Australia - August 2021

Page 5

PRESIDENT’S MESSAGE

the Society’s work and resources in this area in the near future on education, model policies and procedures for law practices, and developing a judicial appointments policy. The Council considers the Society is well-placed to make a strong contribution to these areas of key relevance, to which it is particularly suited. In June the Society introduced a culture change workshop specifically addressing sexual harassment. In the first week the program was available (free to all legal practitioners), the Legal Profession Conduct Commissioner and I delivered that training online to over 750 lawyers in South Australia, with more sessions available in August, and later in 2021. Though it is impossible to cover every element of this issue in one training session, our hope is this workshop will help practitioners better understand the environment in which we operate and how certain cultural traits have contributed

to this problem, and leave individuals empowered to individually help to change the profession’s culture for the better. The Society is contributing to development of a national Model Sexual Harassment Policy, currently the subject of consultation by the Law Council, and I look forward to sharing that work with the profession later this year. We will also build on the work undertaken nationally to develop a Judicial Appointments Policy for the Federal courts and will consider, and as appropriate advocate for, introduction of a similar policy in SA. I encourage Members to participate in upcoming engagement around these areas of work. Call to Action It is time for the whole legal profession to collectively commit to rejecting harassment in all forms. It’s reassuring to see change already underway, but we must continue to be proactive to embed

respect, transparency and inclusivity in our collegiate dealings, and reinforce that there is absolutely no place for harassment in the profession (or any workplace). To quote Sheryl Sandberg, Facebook COO “we cannot change what we are not aware of, and once we are aware, we cannot help but change”. It’s now on all of us to act to improve the current position. What contribution will you make? B Endnotes 1 https://www.eoc.sa.gov.au/documents/FinalReport-of-the-Review-of-Harassment-in-theSouth-Australian-Legal-Profession.pdf 2 The Law Society of South Australia, Submission to Acting Commissioner for Equal Opportunity, South Australia, Independent Review into Harassment in the Legal Profession, (12 February 2021); The Law Society of South Australia, Submission to Acting Commissioner for Equal Opportunity, South Australia, Independent Review into Harassment in the Legal Profession, (18 February 2021).

Profession rises to meet challenges of lockdown MICHAEL ESPOSITO, EDITOR

I

write this article with an eerie sense of déjà vu. South Australia is in the grip of a lockdown and I am back at the dining table, attempting to be a productive worker while also refreshing my Year 3 fractions knowledge and keeping an eye out for signs of creative home decorating as styled through the eyes of a five-year-old. No doubt all of us dealt with our own unique and personal challenges during the lockdown. The Law Society has received a number of questions from Members that echoed those asked at the beginning of the pandemic early last year and during the November 2020 snap lockdown – is the practice of law an essential service? Can affidavits be signed in lockdown? What should lawyers advise clients with shared parenting arrangements?

By now, much of the profession would have experience in working during lockdown conditions, and will have had processes in place to transition to a remote work set-up. But even with finely honed crisis actions plans in place, it still does not completely alleviate the anxiety, uncertainty and complexity of delivering legal services, particularly to vulnerable clients, during a lockdown. It is important for practitioners to remember that, during periods of heavy restrictions, they still need to comply with their statutory and professional obligations, even if they need to adapt some of their usual practices in meeting their obligations. Practitioners should also note that support is at hand. If you have any questions about how you can comply with your obligations in particular

circumstances, you can contact the Society’s Ethics and Practice Unit for guidance. Similarly, if you have any uncertainty about meeting your obligations to the administration of justice, you can contact the Court (and the other party in relevant circumstances) to ask for direction on how to proceed. The legal profession has shown incredible resilience and industriousness in adapting to the shifting sands of the pandemic, and the commitment of the profession to serving and protecting their clients is to be commended. Whatever challenges arise, I have no doubt the profession will rise to meet them. And please remember, the Law Society is always there to provide support. Visit our webpage or COVID-19 hub for information on numerous support services. B August 2021 THE BULLETIN

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Articles inside

Gazing in the Gazette

4min
pages 38-40

Members on the Move

2min
page 37

Sex with robots: How should the law

14min
pages 34-36

Letter to the editor: Decriminalisation

4min
page 33

Tax Files: Land Tax and the Primary Production Exemptions

16min
pages 30-32

Risk Watch: Practitioners acting as Directors or Entrepreneurs – Professional Indemnity Issues Part 2

5min
pages 28-29

Wellbeing & Resilience: Survey reveals mental health challenges for SA

9min
pages 22-23

Vaccination against mental health key to building wellbeing & resilience: A conversation with Gabrielle Kelly

11min
pages 24-26

Young Lawyers: Premium Dinner a

2min
page 27

Dialogue – By Rosemary Pridmore

4min
page 21

Is the legal industry complicit in climate change? How Sharma has turned the heat up on lawyers’ responsibilities – By Brynn O’Brien

8min
pages 6-7

Tips to avoid breaching the ‘no-profi t’

5min
pages 10-11

Businesses’ responsibilities to assess and address climate risks

10min
pages 18-20

A Decade on from the Guiding Principles on Business and Human Rights (UNGPs): Is consensus still

19min
pages 14-17

Responsible Lending and Responsible Spending: What’s with the push to rollback consumer protection?

8min
pages 8-9

From the Editor

4min
page 5

President’s Message

4min
page 4

Australian businesses must join to eradicate modern slavery

7min
pages 12-13
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