The High Court of Australia has recently revealed that an independent investigation it commissioned has found that former Justice Dyson Heydon sexually harassed six former associates.
The Court was advised of these allegations in March 2019. Five of the female associates who came forward worked for Justice Heydon, while one worked for a different High Court judge. A Herald investigation has also uncovered further allegations from senior legal figures, including a female judge who claims Heydon indecently assaulted her. The judge claimed that Heydon’s powerful status protected him from being held accountable for his actions.
Heydon denies that he sexually harassed female associates and apologises for any offence he has “inadvertently” caused. Justice Heydon’s lawyers have also stated that the inquiry was an “internal administrative inquiry and was conducted by a public servant and not by a lawyer, judge or tribunal member”, which means it was “conducted without having statutory powers of investigation and of administering affirmations or oaths”.
High Court Chief Justice Susan Kiefel has released a statement, expressing that the findings were of “extreme concern” to all members of the High Court bench and Court staff. Chief Justice Kiefel confirmed that the complainant’s accounts of their experiences were believed when they came forward and she has personally apologised to the complainants. She also commented, “we are ashamed this could have happened in the High Court of Australia” which is why the High Court has strengthened their policies and training to promote a respectful workplace environment at the Court.
Law regarding Sexual harassment in the workplace
The Sex Discrimination Act 1984 (Cth) (“Sex Discrimination Act”) and Anti-Discrimination Act 1977 (NSW) provides that sexual harassment is unlawful. This behaviour is unlawful in most areas of public life, including the workplace and educational institutions. Section 28A of the Sex Discrimination Act defines sexual harassment as:
- A person making an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or
- A person engaging in other unwelcome conduct of a sexual nature in relation to the person harassed
in circumstances in which a reasonable person, having regard to all the circumstances, would have expected that the person harassed would be offended, humiliated or intimidated.
Examples of sexual harassment can include behaviour such as:
- Staring or leering
- Suggestive comments or jokes
- Unwelcome touching and unnecessary familiarity
- Inappropriate advances on social networking sites
- Intrusive questions about a person’s private life or physical appearance
Sexual harassment can occur in a one-off incident or a series of incidents. Sexual harassment sometimes may be subtle, instead of explicit and obvious. It is therefore important to understand and recognise what type of behaviour amounts to sexual harassment and what options are available for victims.
A sexual harassment complaint can be made against individuals and their employers. Although employers are not automatically liable for their employees’ conduct, they must show they took all reasonable steps to prevent sexual harassment from occurring in the workplace.
The above information is intended as general information and is not intended to be relied on as legal advice. The part of this article is taken from an article published by Sydney Morning Herald.
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