Rec. 11

That the Attorney-General consider amendments to the Equal Opportunity Act 1984 to:

(a) provide that a complaint alleging sexual harassment by a Member of Parliament is only referred to the Presiding Officer where the Member of Parliament claims parliamentary privilege and the complainant consents to the referral at that point

(b) remove provisions allowing the Presiding Officer to investigate and deal with complaints against Members of Parliament where the Presiding Officer is of the opinion that dealing with the complaint could impinge on parliamentary privilege.

Rec. 15

That the Attorney-General consider a referral to the South Australian Law Reform Institute to review the benefits of amending the Equal Opportunity Act 1984 to provide that employers have a positive obligation to prevent workplace sexual harassment and unlawful harassment and that the Equal Opportunity Commissioner is provided with powers to enforce that obligation and investigate systemic unlawful discrimination, including systemic sexual harassment.

Rec. 3

That, consistent with Recommendation 15 of the Parliamentary Review, the Attorney-General consider amending the Equal Opportunity Act 1984 (SA) to impose a positive duty upon employers to eliminate discrimination, sexual harassment and victimisation.

Rec. 7

That the Attorney-General amend the Legal Practitioners Act 1981 (SA) to:

• amend section 5 to include the South Australian Bar Association Barristers’ Conduct Rules under the definition of ‘legal profession rules’.
• grant the Legal Profession Conduct Commissioner and the Legal Practitioners Disciplinary Tribunal the power to make an order that a respondent practitioner do, or refrain from doing, a specified or unlawful act.

Rec. 8

That the Legal Profession Conduct Commissioner be adequately funded to:

• increase the informal reporting initiative to two investigative solicitors, and that those officers be provided with adequate training to provide trauma informed management of complaints of harassment
• establish an online portal for receiving and managing informal reports and formal complaints.

That the Attorney-General consult with the Legal Profession Conduct Commissioner regarding amendments to the Legal Practitioners Act 1981 (SA) to empower the Commissioner to conduct compliance audits and issue management system directions, as available to regulators under the Uniform Law Application Act 2014 (Vic), and that the Legal Profession Conduct Commissioner receive adequate funding to allow the proper exercise of those functions.

Rec. 10

That the Attorney-General amend section 13 of the Evidence Act 1929 (SA) to ensure that it applies to witnesses appearing in an inquiry before the Legal Practitioners Disciplinary Tribunal.

Rec. 12

That the Attorney-General amend section 93(2) of the Equal Opportunity Act 1984 (SA) be amended to increase the time limits in which a complaint may be made to three years, or such longer period as the Commissioner may allow, having regard to the nature of the failure to make a complaint within the timeframe and the public interest in receiving and progressing the complaint.

Rec. 13

That the Attorney-General facilitate the creation of an instrument pursuant to which Safe Work SA, the Legal Profession Conduct Commissioner and the Commissioner for Equal Opportunity can share information relating to reports, complaints or other information about harassment by a member of the legal profession.

Draft Equal Opportunity (Religious Bodies) Amendment Bill 2020

Draft Bill supported; suggestion provided to amend the Bill to delete intersex status from section 34(3) of the Equal Opportunity Act 1984.

Draft Equal Opportunity (Aboriginal Ancestral Resting Places) Amendment Bill 2020

Draft Bill supported.