Amendment to Barristers Rules 123 and 125

04/03/2022

Professional Conduct

On 23 February 2022, the Legal Services Council made the Legal Profession Uniform Conduct (Barristers) Amendment Rule 2022.

The Amendment Rule gives effect to amendments recommended by the Australian Bar Association relating to rule 123 (Anti-discrimination and harassment) and the definition of workplace bullying in rule 125.

The rule and definition, as amended, are set out below:

123 Anti-discrimination and harassment

(1) A barrister must not in the course of, or in connection with, legal practice or their profession, engage in conduct which constitutes:

(a) discrimination,

(b) sexual harassment, or

(c) bullying.

(2) For the purposes of subrule (1), conduct in connection with a barrister’s profession includes, but is not limited to:

(a) conduct at social functions connected with the bar or the legal profession, and

(b) interactions with a person with whom the barrister has, or has had, a professional relationship.

125 Definitions

Bullying means unreasonable behaviour that could reasonably be expected to intimidate, degrade, humiliate, isolate, alienate or cause serious offence to a person.

The Amendment Rule commences on publication.

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