NSW Government Equitable Briefing Policy for Women Barristers

NSW is committed to supporting the progression and retention of women barristers. The NSW Government Equitable Briefing Policy for Women Barristers (PDF, 397.5 KB) (the Policy) came into effect on 1 July 2018 and applies to all NSW Government sector agencies.

The Policy aims to play an important role in the progression of women in the law and redress the underrepresentation of women barristers in NSW by promoting opportunities for women at the Bar.

The Policy entrenches equitable briefing practices in all NSW Government agencies by requiring that all reasonable efforts be made to:

• brief or select women senior barristers accounting for at least 20% of all briefs and/or 20% of the value of all brief fees paid to senior barristers; and
• brief or select women junior barristers accounting for at least 30% of all briefs and/or 30% of the value of all brief fees paid to junior barristers.

Reporting

The Attorney General is responsible for monitoring compliance with the Policy. The Attorney General is also responsible for confirming that Senior Counsel is required for a particular matter and approving the proposed Senior Counsel as well as the appropriate rate of remuneration. More information can be found on the Briefing of Senior Counsel webpage.

Transport for NSW, who are responsible for the Whole-of-Government management of the NSW Legal Services Panel, are responsible for collection and collation of data regarding compliance with the Equitable Briefing Policy.

At the end of each financial year, NSW Government agencies report on the number of barristers who were briefed by:            

1.        gender;
2.        seniority;
3.        total value of brief fees paid to a barrister; and
4.        area of law

The Attorney General’s Rates should be applied to all briefs (unless otherwise approved). More information can be found on the Attorney General’s Rates webpage.

The NSW Equitable Briefing Report for the 2023/24 financial year can be found here (PDF, 499.6 KB) NSW Government is considered a single briefing entity for the purposes of tracking against the targets.

Questions about the Policy can be directed to the Department of Communities and Justice Legal on enquiries-dcjlegal@dcj.nsw.gov.au.