
Commissioner Update - October 2021
Commissioner update to the legal profession - October 2021. In this edition: Launch of our sexual harassment reporting tool | LIV sexual harassment policies | New guidance – lawyers offering non-legal services
What you can do if you witness or hear about workplace sexual harassment
This report contains information about our operations and financial performance for the 2020-21 financial year.
If you are taking an extended period of leave and are not returning during the current practising year, you may consider surrendering your practising certificate. Surrendering your practising certificate means that you do not have to comply with CPD requirements.
Examples of extended leave are parental leave or long service leave.
You should continue to hold your practising certificate if you are taking a normal period of leave or if you expect to return to practice before the expiration of your current practising certificate.
Surrendering your practising certificate means that CPD requirements will no longer apply to you.
If you decide to maintain your practising certificate through any period of leave, you must comply with CPD requirements.
Depending on your circumstances, you may be able to apply to the Law Institute of Victoria for an exemption from complying with your CPD obligations. For more information, visit the Law Institute of Victoria website.
If you wish to surrender your practising certificate, you must notify our office of the date you will cease engaging in legal practice. You’ll need to do this through our lawyer enquiry form. Please note that you cannot back-date the date of surrender. You must provide the current date or a future date for when you wish to surrender your certificate.
If you expect to return to practise before your current certificate expires, you should not surrender your certificate or you will need to reapply for a new certificate (including paying all relevant fees).
If you are going on leave or ceasing to practice during the annual renewal period (April – June), you can notify us by completing the ‘Not renewing practising certificate’ section in LSB Online. Please note that if you don't notify us and then apply for a new practising certificate in the first quarter of the new financial year (July - September), you will be charged a surcharge on top of your usual fees. You can apply for a refund under our Overpayments and Refunds policy.
This resource provides information about what you might consider doing if you experience sexual harassment in legal workplaces
Under workplace health and safety laws, your employer has significant obligations to provide a safe workplace, and that includes emotional and psychological safety, as well as physical safety.
A workplace that tolerates bullying, harassment, or serious overwork is not a safe workplace.
There is also a specific conduct rule that specifies that a lawyer must not engage in conduct that constitutes discrimination, sexual harassment or workplace bullying.
Below is a list of actions you might wish to take if you feel you are experiencing bullying at work. The course of action you choose will depend on the nature of the bullying and your workplace.
WorkSafe has comprehensive information about workplace bullying and can provide information and support via their Advisory phone service.
There are also other agencies that can help:
Agreed Pricing, also known as Value Pricing, is an arrangement in which a lawyer and a client agree on a price up front for the lawyer’s services in a matter. It is based on an agreed scope of services and the price is a fair reflection of the client’s perception of value. It is also seen in productised services where a lawyer offers a defined scope of service for a publicly stated price.
In non-litigious matters, some agreed pricing arrangements can include contingency fees – that is, the ultimate price is contingent on certain agreed goals and outcomes being met, for example a package of work being finished by a particular date or contract negotiations meeting certain goals. While s.183 of the Uniform Law strictly prohibits contingency pricing in litigious matters, the prohibition does not extend to non-litigious matters.