Committees

Welcome to all new members appointed to the 2024­­–2025 committees, and thank you to the outgoing chairs and members of the 2023–2024 committees for their generous contributions to the Bar. For those not appointed to a committee, thank you for applying. We received a huge number of applications this year. The Bar Council invariably needs the assistance of members on a wide range of matters beyond the scope of the committees’ jurisdictions. We hope to call on some of those who have volunteered, but who were not placed on a committee, throughout the coming year.

The Bar Association’s 21 committees have produced many events, CPDs and submissions over the past year. Committee members range from readers to silks and clerks, and contribute a continuum of experience which reflects the richness of the Bar. The significant work undertaken by these committees is also made possible by the Bar Association secretaries who coordinate them, whom I also thank.

A representative Bar

As I observed in speaking on behalf of the Bar at the ceremonial sitting for the bicentenary of the Supreme Court of New South Wales, the Bar, like the court, is now embarking on its third century, and we can all feel some measure of proper pride at being members of the largest independent Bar in Australia, with all that that entails. But we should remain acutely aware that we continue to work towards creating a profession that accurately reflects the composition of the society in which we practise, and a legal system which genuinely and fairly protects its subjects. That aspect of the work of justice is incomplete; but it is one to which our Association remains completely committed.

Consistent with this, on 14 June 2024, we held the First Nations Pathways to the Bar event. The Chair of the First Nations Committee Tony McAvoy SC and I welcomed members of the Bench and Bar, together with many representatives of law firms, universities, government and community legal centres. Both the turnout and the spirit in the Common Room were deeply encouraging. It was a truly vibrant event, which nonetheless reinforced the need to do much better at promoting participation by First Nations people in our profession.

Central to that initiative are the First Nations Committee and the Indigenous Barristers’ Trust - the Mum Shirl Fund, which aims to increase the number of First Nations barristers practising at the NSW Bar. In that connection, Chris Ronalds AM SC has worked tirelessly in advancing the Bar’s commitment to increasing the number of First Nations barristers in New South Wales. All members should consider participating in the associated mentoring program.

Consistent also with the need to better capture the composition of our society, in the June Bar Exam, the Association recorded its largest ever registration, with 147 candidates sitting. Of those, 70 candidates were female, representing almost 50 per cent of the total registration.

Wellbeing and mental health

Our members, and barristers generally, typically devote considerable time and energy in their life to the practise of law. The Association is, in that context, increasingly focused on members’ wellbeing: their successful pursuit of valuable relationships, goals and experiences, from which they can in turn derive meaning.

The Mental Health First Aid course has now been completed for 2024. The uptake was high: approximately 80 members completed the course from 57 different chambers, alongside Bar Association staff. The feedback received from members has been overwhelmingly positive. By prioritising wellbeing, we can create a healthier, supportive and more sustainable work culture at the Bar.

As part of the Bar Association’s ongoing plan to reduce sexual harassment, workplace discrimination and bullying, the Association has implemented measures to reduce bullying levels at the Bar and the Bench. The Association has protocols in place with the Supreme Court of New South Wales and with the heads of federal jurisdictions to raise concerns about members of the judiciary. A barrister or their clerk may contact the president of the NSW Bar Association or a judicial conduct liaison officer nominated by the Bar Council Executive. A barrister may also raise concerns about judicial conduct with the president of the NSW Bar Association, or the president of the Australian Bar Association.

Mediator accreditation

I remind members that, from 1 July 2024, the Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS) replaced the National Mediator Accreditation System (NMAS). Under the NMAS to AMDRAS Transitional Rules, all NMAS Accredited Mediators will automatically become registered practitioners under the AMDRAS until their current NMAS accreditation expires or 31 December 2025 (whichever is later).

The Bar Council recently resolved that the Association will cease accrediting members as mediators upon commencement of the AMDRAS. Members who wish to obtain or renew mediator accreditation are encouraged to apply to other bodies operating under the AMDRAS.

In lieu of issuing mediator accreditations, the Association will establish the BarADR Mediator Accreditation Recognition Scheme, under which members accredited under the AMDRAS will be eligible to apply for recognition by the Association. This will entitle members to be included on the General Accredited Mediators List and on the mediator lists provided annually to the New South Wales Supreme and District Courts. No fee will be charged for mediator recognition. Applications for recognition under the BarADR recognition scheme will be invited on a biannual basis via InBrief.

Policy work

The policy work of the Bar runs continuously throughout the year.

The Association’s views informed the development of the new offence of industrial manslaughter, which commenced on 1 July 2024 at the same time as the re-established Industrial Court of New South Wales.

Advocacy has continued for an express exemption of barristers from the government’s second phase of consultation on reforming Australia’s anti-money laundering and counter-terrorism financing regime. While the federal government has indicated its intention that work undertaken by barristers is not intended to be captured by the scheme, it is not yet clear whether it is proposed to introduce into the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth) an exclusion or exemption covering the work of barristers. The Association shares the concerns of the Law Council of Australia that the government’s proposal for addressing legal professional privilege under the expanded regime presents an unacceptable imposition on the relationship between lawyer and client, and raises significant concerns for the integrity of the profession and the administration of justice. We are continuing to advance that position.

The Association has successfully advocated alongside other key legal stakeholders for the retention of the minimum eight-hour deliberation period before which a jury is able to return a majority verdict. The New South Wales government had sought to reduce the period to 4 hours through an amendment to the Jury Act 1977 (NSW). The Association provided a submission, supported by appearances by Criminal Law Committee members John Stratton SC and Richard Wilson SC. The majority verdict amendment ultimately did not pass.

The Association has advocated publicly for greater safeguards in the New South Wales government’s legislative response to public concerns around youth crime in regional New South Wales and reforms to the Bail Act 2013 (NSW) following the tragic death of Molly Ticehurst. We have raised concerns about the impact on the remand population, which is already at a historically high level. And we have called for greater investment into crime prevention programs and support services, as well as increased funding to New South Wales courts which will reduce delays in the finalisation of criminal proceedings.

Cybersecurity

The increasing surge of data breaches from 2022 to the present day underscores the imperative of cybersecurity protocols within the Bar, especially given that much of the information barristers collect is personal, confidential and privileged.

Due to the ongoing threat of cybersecurity breaches, the Bar Association has not only created a Cyber Resilience Working Group but has also published a set of cybersecurity guidelines, circulated earlier this month. These guidelines, titled ‘NSW Bar Association Cybersecurity Guidance for NSW Barristers’, provide practical information on how members can safeguard personal and important data from within their practice and lower the risk of privacy breaches. The guidelines also identify considerations of professional conduct and ethics which may arise in considering cybersecurity measures.

The recommended minimum steps that all New South Wales barristers should take to protect against cybersecurity threats include installing security updates and the use of secure passwords and multi-factor authentication. Additional steps may be appropriate, depending on the nature of the barrister’s practice and the information and work data held. Each barrister should consider the particular circumstances of their own practice, and any systems implemented by their chambers, in determining the protections they deploy.

I urge all members to read the cybersecurity guidelines carefully and to attend cybersecurity CPDs which will be held over the coming months and notified via InBrief.