As part of the Bar Council’s and Bar Association’s commitment to supporting the mental health of its members, a great deal of work has been done to bring the Mental Health First Aid course to the NSW Bar since the report about the pilot program in Bar News Summer edition 2022.

The President, Dr Ruth Higgins SC, has expressed a strong commitment to progressing mental health initiatives, and the Wellbeing Committee is very pleased to have obtained approval and funding from the Bar Council to continue the course on an ongoing basis. This follows ongoing, positive engagement between the President, the Wellbeing Committee Chair (Vanessa Whittaker SC), participants in the pilot program, members of the Wellbeing Committee, and Bar Association staff. There seems to be overwhelming support for this initiative, and the course is already proving popular.

Meetings were also held with heads of chambers and clerks’ representatives to explain the courses and how training in mental health first aid can assist in addressing acute mental health issues arising in the somewhat unusual workplace of the Bar.

What is the Mental Health First Aid course and how does it work?

It is useful to think of the Mental Health First Aid course in a similar way to the physical first aid courses run by the Bar Association and other workplaces. The aim of the course is to equip participants with practical training for responding to an acute mental health problem that may arise. The course assists participants to identify trigger factors and recognise signs and symptoms of common mental health challenges in colleagues (as well as themselves).

Mental Health First Aid Australia provides a tailored course that covers components of the general course along with case studies and examples of particular relevance to lawyers. Our engagement with the facilitator prior to the course delivery has enabled us to ‘brief the trainer’ on some of the peculiarities of working at the Bar.

There are theoretical and practical components to the course. Some aspects are confronting and challenge participants, with case studies and role plays on asking direct and difficult questions to a person you think might have poor mental wellbeing. Just as a physical first aid course does not qualify an unqualified person to diagnose a broken ankle, the course does not qualify a participant to diagnose a mental health condition; it equips participants with the tools to identify what could be a symptom of poor mental wellbeing, raise the issue with the person in need, and confidentially assist that person with immediate care and the offer of referral to professional services.

On completion of the course and passing the final assessment, participants become Accredited Mental Health First Responders. The accreditation lasts for three years.

The Bar Association will offer multiple courses in 2024 and may consider introducing extra courses based on demand. The first roll-out of the course will be delivered in three different ways in order to accommodate the differing time commitments of members and clerks:

1. An in-person two-day course in the Bar Common Room on 30 April and 1 May 2024

2. A hybrid course comprising a half-day online learning module and an in person half-day practical facilitated on 5 June 2024

3. An online course with two days of facilitated learning with our course facilitator on 30 July 2024 and 6 August 2024.

Tailoring the Mental Health First Aid course to the NSW Bar

In rolling out the course, the Wellbeing Committee has taken on board feedback from the pilot program that some understanding is required of the particular challenges for barristers. In response, we have carefully selected and met with a course coordinator who has a particular interest in the legal profession. We’ve shared some of the peculiarities associated with a workplace of mostly self-employed sole trader professionals who hang out with other sole trader professionals in unusual premises called ‘chambers’, working to externally imposed hierarchies with, usually, no HR Department or anyone to complain to about being overworked, underpaid, and unappreciated. The Wellbeing Committee is hopeful that the course can be tailored and directed towards those tools that are most helpful to the NSW Bar environment and people.

Introducing our trainer: Emma Kavanagh, consultant psychologist and master instructor

Our course facilitator will be Emma Kavanagh, Director of Owl Training Institute and a qualified consultant psychologist with 20 years’ experience in both private practice and workplace mental health consultancy.

Emma has a particular interest in the legal profession and mental health in the profession. In addition to her existing qualifications as a psychologist and extensive experience in the field, she is currently completing her Juris Doctor at the University of Sydney. She comes to us with an existing understanding of the profession and an interest in how our mental wellbeing can be improved.

We have briefed Emma on the generally higher rates of depression and anxiety in the profession. Some common barrister traits we discussed included our tendency to work to deadlines, the highs and lows of litigation, the potential for loneliness, exposure to traumatic content in cases, adopting unhealthy coping mechanisms, and others of the less attractive parts of barrister life.

Emma has made herself available to have similar discussions with Bar Association staff, clerk representatives, and the Bar Council to gain a greater insight into how best to deliver the course to us. Emma is looking forward to working with members of the NSW Bar, and we are incredibly grateful to her for her time and her ongoing efforts in engaging with us to ensure we maximise the benefits of the training.

Aims of providing mental health wellbeing initiatives of the Bar

One tangible outcome we are hoping to achieve in having the courses organised by the Bar Association is to have at least one trained mental health first aid first responder for every barristers’ chambers in New South Wales (including those who practice as sole member chambers). We also hope that offering and participating in the course will lead to a greater awareness and understanding of mental wellbeing and the unique pressures of life at the Bar. In turn, that might lead to better mental wellbeing overall and equip people with the tools to address mental health issues that arise.

It is extremely encouraging that the course has met with such a positive reception from so many, particularly heads of chambers and clerks, who are often tasked with dealing with mental wellbeing impacts on floor members and staff. I have spoken to several heads of chambers who consider it imperative to the success of the program that we have widespread support across chambers so that there is as broad as possible an uptake of the training.

Of course, undertaking a training course does not make the mental health problems faced at the Bar magically disappear. The roll-out of the course is intended to work alongside other initiatives of the Bar in addressing issues facing barristers, including CPDs on vicarious trauma and the incredibly valuable resource provided by BarCare, the Bar’s confidential counselling service.

If you would like to learn more about the Mental Health First Aid course, please get in touch with the Wellbeing Committee via email, check out the Wellbeing pages on the Bar Association website, or see www.mhfa.com.au. BN

Helpful resources for mental wellbeing

If you or a colleague, friend, or family member are experiencing mental health problems or a decline in your mental wellbeing, we’ve listed below just some of the resources available to you. In the event of a mental health emergency, please call 000, your nearest hospital, or the 24-hour NSW Mental Health Crisis Number, 1800 011 511 (every state and territory has a Mental Health Crisis Number that can be found online).

Barrister-specific resources

BarCare is an independent, confidential, professional counselling service for barristers and their immediate families. The first consultation is free for members of the Bar Association, and members can be referred to appropriate resources from BarCare at any stage. Visit barcare.org.au or contact Jenny Houen, BarCare’s director, on 0427 317 958 or jhouen@barcare.org

General telephone and online support services

NSW Health mental health services and support contact list

1800 011 511

https://www.health.nsw.gov.au/mentalhealth/services/Pages/supportcontact-list.aspx

Lifeline 24-hour counselling and crisis support

13 11 14

www.lifeline.org.au/crisischat

Suicide Call Back Service

1300 659 467

www.suicidecallbackservice.org...

Beyond Blue mental health support

1300 224 636 (to talk to a counsellor)

www.beyondblue.org.au/get-supp...

MensLine Australia

1300 78 99 78

https://mensline.org.au/