‘Share a bed': Former NT judge facing sexual harassment probe
The female former associate first lodged a complaint with the Northern Territory Anti-Discrimination Commission (NTADC) in May 2024 via law firm Maurice Blackburn, alleging serious sexual harassment by the judge and sex discrimination by other judicial officers in relation to their handling of her complaints.
Dr Vivienne Thom, the top investigator in the probe which found former High Court judge Dyson Heydon sexually harassed six female associates, was commissioned by the NT government to investigate the complaint.
Her report concluded the judge had sexually harassed the associate, but the NT government urged the NTADC to dismiss the complaint on the basis the alleged events occurred years earlier.
In a June 12 decision, the NTADC rejected the NT government's arguments and accepted the complaint. The NTADC has discretion to accept a complaint outside of the statutory 12-month time limit if it deems it appropriate to do so.
The NTADC said the complaint was 'very serious'.
The alleged harassment included making inappropriate comments, taking photos of her without permission and directing her to attend social engagements with him outside of work hours.
The judge also allegedly asked the associate if she 'liked having massages', commented on her appearance and on one occasion said they should travel to see a concert and 'share a bed to save money'.
When the associate complained to another judicial officer, she was told to speak directly to the judge involved about her concerns and to report back if the harassment 'gets worse', according to the complaint.
The judicial officer said one option was to 'swap [the complainant] with a male associate'.
The woman alleges she was offered no further assistance or support.
She alleges she was left devastated by the experience, abandoned her legal career and required treatment for the psychological impact of her experience at the court.
It wasn't until 2020 when she saw media reports about sexual harassment claims made by former associates against Justice Heydon that she believed it might be possible to seek redress.
'The High Court's unprecedented apology to six former female associates of Dyson Heydon was a powerful turning point in my life,' she said in a statement via her lawyers.
'Up until then, I did not believe that there were any avenues that could address the sexual harassment I experienced in my role as a judge's associate and the devastating impact that it had on my career and wellbeing. The brave women that came forward with their complaints of sexual harassment to the High Court made it possible for me to do the same. I am driven to seek accountability for what happened to me. I hope that my claim may set an example in the Northern Territory.'
A spokeswoman for the NT's Country Liberal Party government said in a statement that Attorney-General Marie-Clare Boothby was 'unable to comment on the alleged matter you're referring to'.
In its decision to accept the complaint, the NTADC said the allegations 'involve the abuse of an immense workplace power imbalance'.
'Further, the respondents are individuals in whom significant public trust is placed, and they should be expected to act with the highest degree of integrity,' it said.
'The power imbalance between the parties could not be more pronounced.'
The NTADC said it was 'is in the public interest that judges and public officials are not seen as 'above the law' and are held to account when there are serious allegations of sexual harassment and sex discrimination made against them'.
'Providing a process to progress complaints of this nature, despite the expiration of the limitation period, will not only advance the objects of the Act, but promote public confidence in the justice system more broadly,' it said.
The legal complaint is filed against the NT government, the former judge, two other senior officers and the Commissioner for Public Employment.
The claim seeks an apology for the alleged harassment and discrimination she endured, as well as damages for injury, distress and the loss of her legal career.
Maurice Blackburn principal lawyer Josh Bornstein said it was 'bizarre' that the NT government was 'trying to kill the case' on the basis of time despite commissioning Dr Thom's report into the allegations.
'She's an impeccable person with incredible credentials, she upheld the allegations of sexual harassment, and then [the NT government] for some reason wants to try to block the case going to a proper [adjudication],' Mr Bornstein said.
He noted that while sexual harassment complaints were generally time-limited, 'recently the tide has turned a bit because [there is growing realisation] people don't come forward until years down the track'.
Maurice Blackburn also acted for three women who made the complaints about Justice Heydon.
After the High Court's 2020 apology to the victims of Justice Heydon, courts around the country undertook major reforms to ensure judges' employees could work without the threat of sexual harassment.
Mr Bornstein said he had also assisted 'many other women to bring claims of sexual harassment against other judges and to resolve them without the need for litigation'.
He slammed the NT government's 'attempt to block access to justice' for the alleged complainant as 'prehistoric'.
'Someone forgot to tell the Northern Territory government that we live in the 21st century,' he said.
Mr Bornstein said adding 'further insult' was the fact that 'women who suffer sexual harassment in the Northern Territory are already treated as second-class citizens'.
Under NT law, a woman who suffers serious injury and loses her legal career can only be compensated a maximum of $60,000 per respondent — the lowest in the country. That amount has remained unchanged since the 1990s.
'That's a law that probably should have been repealed in 1954,' said Mr Bornstein, who called for the government to 'urgently remove the cap to bring the law into line with the rest of the country'.
Under the federal Sex Discrimination Act, there is no cap on damages.
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