Law Council of Australia

Policy Agenda

Terms and conditions - Equitable Briefing Policy (Policy)

Signing up to the Equitable Briefing Policy (Policy)

By signing up to the Law Council of Australia’s Equitable Briefing Policy (Policy), you / your Briefing Entity accept the following (Terms and Conditions):

  1. Authority:

    a. You are a Barrister and you are signing up to adopt to the Policy on your own behalf; or
    b. Your organisation is a Briefing Entity and you have the authority to commit your entity to signing up to the Policy.
     
  2. Commitment: You have, or your entity has, committed to making all reasonable endeavours to brief, select or recommend women barristers with relevant seniority and expertise, experience or interest in the relevant practice area as per the Policy. Where you or your organisation engage/s in activities or initiatives that, in the reasonable opinion of the Law Council, do not seek to build and maintain diversity and equality in the workplace or operate against these objectives, the Law Council reserves the right to revoke your/organisation's rights under (4).
     
  3. Availability: To the extent permitted by law, the Law Council makes no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency or security (including the presence viruses, malicious code or other harmful components) of the Policy, and the Law Council is not liable to you or your organisation if the Policy is unavailable or unable to be downloaded for any reason. Please contact the relevant Law Council representative listed on the Policy webpage.
     
  4. Use of the Policy: Unless otherwise indicated, the Law Council owns the copyright and all other intellectual property rights in all text, graphics, information, designs, data and other content forming part of the Policy. Where you have signed up to the Policy, you and your organisation may not alter or modify the Policy.
     
  5. Other rights reserved: Except as permitted by (4), or under applicable copyright legislation, you must obtain the Law Council’s prior written consent to distribute externally, sell, adapt or publish the Policy externally.
     
  6. Representations, warranties and disclaimer: To the extent permitted by law, the Law Council makes no warranty about the accuracy, completeness, security (including the presence of viruses, malicious code or other harmful components), reliability or appropriateness of the Policy. You must not rely on the Policy. You are solely responsible for the consequences of your use of any Policy, including any decision to act or not act on the basis of the Policy. The Policy does not take into account the particular circumstances of you, your organisation or any third party.
     
  7. Third party links: The Policy website may contain links to third party sites (Links) over which the Law Council has no control. These Terms and Conditions do not apply to third party sites and you should review the terms and conditions of the applicable website before using that website. The Law Council makes no representation or warranty as to, and the Law Council is not responsible for, the accuracy or any other aspect of the information on any linked third party website. The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it. Links are provided for your convenience only. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that the Law Council is not responsible for any losses suffered by you or anyone else in connection with any Link.
     
  8. Revision of Terms & Conditions: The Law Council may change these Terms and Conditions at any time without notice to you. You agree to be bound by the changed terms if you download or use the Policy after the terms have changed. Please check this page regularly to ensure you are familiar with the current version. The Law Council may release the Policy under different terms and conditions or stop making available the Policy in its sole discretion at any time.
     
  9. Privacy

    9.1 You agree that the Law Council may collect and store personal information provided by you when signing up in accordance with the Law Council’s Privacy Policy.

    9.2 In addition to any permitted use set out in the Law Council’s Privacy Policy, you give the Law Council permission to collect, disclose and use your personal and company information to:

    a. track and record the download of the Policy; and
    b. compile reports regarding data and trends.
     
  10. Confidentiality and use of reported information

    10.1     The Recipient of the Reported Information undertakes to a Discloser providing information under the Policy to treat the Reported Information as confidential, and not to report or disclose the Reported Information other than on an aggregated, anonymised basis.

    10.2 The Recipient acknowledges and agrees that the Reported Information is confidential and of commercial value to the Discloser and that any disclosure of the Reported Information other than for the Permitted Purpose in accordance with the terms and conditions may cause damage to the Discloser.

    10.3 The Recipient undertakes to:

    a. hold the Reported Information in strict confidence and not disclose it or otherwise make it available to any person other than for the Permitted Purpose; and
    b. store all Reported Information in a manner that it is protected from unauthorised access or disclosure and must promptly notify the Discloser if it becomes aware or suspects that any Reported Information has been disclosed in a way that is inconsistent with the Permitted Purpose.
     
  11. Definitions

    For the purposes of the Policy and the terms and conditions:

    Briefing Entity is a person, corporation, entity, firm, partnership, government or body who recommends or briefs Australian barristers to advise or to appear in Australia or overseas.

    Discloser means a person or other Briefing Entity who provides information to one or more Recipients in connection with the Policy.

    Recipient means the Law Council and/or any other Recipient of the Reporting Information reported by a Briefing Entity and/or other Discloser in connection with the Policy.

    Reported Information means all information reported by a Briefing Entity and/or other Discloser under the Law Council of Australia's Equitable Briefing Policy.

    Permitted Purpose means the use of Reported Information by one or more Recipients to promote and advocate for diversity and inclusion in the legal profession in a way which does not reveal the identity or briefing practices of any one particular Discloser or class of Briefing Entities.
     
  12. Contact details

    12.1 The Law Council may contact you or your organisation using the details provided in the application form.

    12.2 You may contact the Law Council in relation to the Policy, or to request to access, correct or update any personal or company information the Law Council holds, by contacting the relevant Law Council representative listed on the Policy webpage.

    12.3 Any information or notices issued by the Law Council to participants will be sent to the email address provided when signing up. These Terms and Conditions are governed by the laws of the ACT, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of ACT, Australia.

Last Updated on 22/08/2024

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