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Barrister sexually harassed assistants

A former NSW barrister has been reprimanded and suspended from applying for a practising certificate for a period of 12 months after he was found to have sexually harassed three young legal assistants.

The NSW Civil and Administrative Tribunal previously found the barrister’s conduct constituted sexual harassment and a breach of rules 8(c) and 123(1)(b) of the Uniform Barristers Rules.

A finding of unsatisfactory professional conduct was made for each complaint, and when taken together, constituted professional misconduct. The disciplinary decision can be accessed here.

In determining protective orders, the tribunal was not satisfied the barrister was capable of changing his habits “in a sustained way” and was not satisfied that the public would be protected if he were allowed to apply for a practising certificate in the immediate future.

The barrister was considered to have a long way to go with his psychiatric treatment and his own reflections on his conduct before the tribunal could be confident that the risk of him engaging in sexualised conduct had been reduced to an acceptable degree.

The tribunal acknowledged that the objective of the laws and rules prohibiting sexual harassment is to make workplaces safer for those who work there.

Further, the tribunal noted the continuing need to mark its disapproval of sexual harassment and conduct likely to diminish public confidence in the legal profession and to acknowledge the seriousness of such conduct.

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