Courts around Australia are urgently reviewing how they deal with sexual harrassment after an inquiry found that former high court justice Dyson Heydon had sexually harassed multiple staff at the nation’s highest court.
On Tuesday, the chief justice of the New South Wales supreme court, Tom Bathurst, wrote to staff saying NSW would introduce a new policy to deal with sexual harassment. Other supreme courts told the Guardian they were reviewing the adequacy of their policies and practices.
According to an independent investigation, Heydon sexually harassed six judges’ associates during the decade he served on the high court.
The current chief justice of the high court, Susan Kiefel, who released the findings of the investigation on Monday, said she was “ashamed that this could have happened at the high court of Australia” and would create a new sexual harassment policy for the personal staff of judges.
Heydon has denied the claims via his lawyers Speed and Stracey, who issued a statement.
“In respect of the confidential inquiry and its subsequent confidential report, any allegation of predatory behaviour or breaches of the law is categorically denied by our client,” it said.
“Our client says that if any conduct of his has caused offence, that result was inadvertent and unintended, and he apologises for any offence caused.”
Serving as a judge’s associate is a highly sought-after role, particularly if graduates aspire to a career at the bar.
Associates conduct research and administrative tasks for judges and are required to work closely with them. Sometimes they accompany them to functions and on travel.
The revelations have raised new questions about cultural norms within the legal profession, particularly within the bar and the courts themselves, which remain dominated by men.
The subject will almost certainly top the agenda at the next conference of chief justices.
‘Bullying and harassment awareness is a top priority’
The NSW supreme court, which currently employs 118 judges’ associates and tipstaves, was the first to acknowledge that urgent measures were needed.
In an email to all judges’ staff on Tuesday, the NSW supreme court said: “In light of recent events, the supreme court is aware of the need for a sexual harassment policy.
“Such a policy is currently being finalised which will adopt the measures identified by chief justice Kiefel in her statement yesterday, amongst other measures.”
Heydon previously served as a judge for the NSW supreme court from 2000 to 2003, before he was appointed to the high court.
Prior to the investigation into Heydon, neither the high court nor the NSW supreme court had a sexual harassment policy specifically for associates and the personal staff of judges.
A spokeswoman for the NSW supreme court said staff were “made aware on their induction of the NSW Department of Communities and Justice bullying and sexual harassment policy and were entitled to the benefit of it.”
The federal court said it was confident it already had initiatives in place, but would review its processes against Keifel’s recommendations.
A court spokesman said: “Bullying and harassment training and awareness is a top priority for the federal court.
“A range of initiatives have been in place for many years but have been promoted more rigorously since 2018 following the introduction of the resilience and wellbeing program. Managers are aware of their obligations to eliminate bullying and harassment – and harassment contact officers are available to counsel and support colleagues.
“While the federal court has had no complaints from staff in the past five years, they are actively encouraged to speak up if they feel they are the subject of harassment or bullying.”
The chief justice of the supreme court of Victoria, Anne Ferguson, said she had worked closely with the judicial college of Victoria to develop a stand-alone education program for judicial officers.
“As part of that program, judicial officers are learning more about bullying, judicial conduct and advanced court leadership,” she said. “This work is ongoing.
“All workplaces, including courts, should be safe and respectful. Sexual harassment is shameful. It disrespects and undermines the dignity of the individual. It must not be tolerated in any circumstance.”
Alcohol a factor in events rule
The chief justice of South Australia, Chris Kourakis, said his court had adopted a protocol which provides that judicial chambers staff, which includes personal assistants and associates, could raise any matter of concern about a judge’s conduct with the executive assistant to the chief justice.
If she cannot resolve the complaint or concern, she must refer it to the chief justice. If the chief justice cannot resolve it, it is referred to the judicial conduct commissioner.
Kourakis said no complaints had been raised either before or after the protocol came into force.
The SA court also requires that the executive assistant be notified of any event attended by judges and chambers’ staff which involves the consumption of alcohol.
In Queensland, a spokesperson for the supreme court said that if an associate had concerns that they did not feel they could raise with their judge, they could make a complaint to three designated judges including the chief justice.
“The supreme court will consider the recommendations outlined by the chief justice of the high court of Australia yesterday, but some of those mechanisms, such as an induction of the kind described … are already in place.”
A spokesman for the Western Australia supreme court said the chief justice had tabled the high court’s six recommendations “for immediate consideration by the executive management committee of this court”.
He said that while many of the high court’s recommendations were already part of the WA supreme court’s current processes, they would form part of its process of continuous review and improvement.
The ACT supreme court said it had policies and procedures in place to address the matters raised in the recommendations by Dr Thom to the high court.
“However, the ACT supreme court is currently reviewing our policies in light of the recent developments.”
On Tuesday, the NSW attorney general, Mark Speakman, said courts and tribunals in the state should follow the example of the supreme court.
“I welcome the adoption by the supreme court of a sexual harassment policy,” he said. “I encourage other courts and tribunals to consider doing the same.
“Harassment is completely unacceptable in any workplace, let alone within institutions that the community should be able to regard as beyond reproach. I encourage anyone who has been the victim of sexual harassment to report it through the appropriate workplace channels or to the police, or both.”
The high court’s investigation, led by the former inspector general of intelligence and security Dr Vivienne Thom, made six recommendations, which the high court said it would all adopt.
Kiefel said the court would now create a “supplementary” HR policy for the personal staff of judges, and create a new role of an “appropriate person” to act as a supervisor and provide support to tipstaves and associates.
The investigation also recommended that it be made clear to associates that they are not obliged to attend social functions.
Kiefel said on Monday: “We have moved to do all we can to make sure the experiences of these women will not be repeated.”
