MODEL ADVOCATES OR A MODEL FOR CHANGE? THE MODEL EQUAL OPPORTUNITY BRIEFING POLICY AS AFFIRMATIVE ACTION

[This article considers a recent regulatory, approach to addressing disadvantage experienced by women at the Australian Ban The Model Equal Opportunity Briefing Policy for Female Barristers and Advocates ('MBP') developed by the Law Council of Australia in 2004 was a popular initiative which received widespread support. This article examines the origins and assumptions underpinning the policy. It is contended that while the policy is a genuine attempt to ameliorate the dismal plight of women at the Bar it is narrow in application and effect. It is argued that this policy, is a product Of the prevalent Australian approach to policymaking which avoids any mention of 'affirmative action'. The article traces how this aversion is justified less by principle than rhetorical use of the idea of merit. Finally, it is contended that when we consider the case of briefing practices in Australia, merit is a contestable concept which does not provide a sufficient reason to reject out of hand other policy approaches.]