NT Government accused of trying to bury sexual harassment complaint against ex-Supreme Court Judge

NT Government allegedly tried to bury allegations of sexual harassment by a former Supreme Court judge, who reportedly asked his young associate to ‘share a bed’.

A woman — who cannot be named for legal reasons — alleges she was exposed to persistent sexual harassment while working as an associate to associate to a former NT Supreme Court Judge. Picture: Zizi Averill

The Northern Territory government allegedly tried to bury allegations of sexual harassment by a former Supreme Court judge, who reportedly asked his young associate to “share a bed”.

A woman — who cannot be named for legal reasons — alleges she was exposed to persistent sexual harassment while working as an associate to associate to a former NT Supreme Court Judge.

She alleged he commented on her appearance, asked her if she “liked having massages”, took photos of her without permission, and directing her to attend social engagements with him outside of work hours

She said the judge also repeatedly made inappropriate comments to her, including on one occasion where he allegedly suggested they go see a concert and “share a bed to save money”.

The woman alleged she disclosed this harassment to another judicial officer, and was told to take her concerns directly to her boss and harasser, and to only report back “if the harassment gets worse”.

She said the other judicial officer’s suggestion was for a ‘swap’ with a male associate.

Her lawyer Maurice Blackburn said she was offered no further assistance or support.

“The experience devastated the associate, who abandoned her legal career and required treatment for the psychological impact of her experience at the court,” it said.

In May last year, Maurice Blackburn lodged a complaint in the Northern Territory Anti-Discrimination Commission on behalf of the former associate.

Dr Vivienne Thom.

The allegations were investigated by Vivienne Thom, who in 2020 also led the investigation which confirmed High Court justice Dyson Heydon repeatedly sexually harassed six of the judge’s associates who worked for him.

The former associate said listening to the High Court’s unprecedented apology to Heydron’s victims was a “powerful turning point in my life”.

“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,” she said.

“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.”

Maurice Blackburn alleged that the NT Government urged the Anti-Discrimination Commission to dismiss the complaint, as it fell outside the 12-month deadline.

However, in June the ADC rejected this push and accepted the “very serious” complaint.

The ADC decision stated that the allegations “involve the abuse of an immense workplace power imbalance”.

“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) 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.”

Maurice Blackburn said the compensation for victims of sexual harassment had not changed since the 1990s and was capped at an “astonishingly low” $60,000.

Principal lawyer Josh Bornstein said the NT had not kept pace with the changes in other jurisdictions, stating that “women who suffer sexual harassment in the Northern Territory are already treated as second class citizens”.

Maurice Blackburn principal lawyer Josh Bornstein addresses the media in Melbourne, Tuesday, June 23, 2020. An independent inquiry has found that former High Court Justice Dyson Heydon sexually harassed several female judges' associates. (AAP Image/James Ross) NO ARCHIVING

“Someone forgot to tell the Northern Territory government that we live in the 21st century,” Mr Bornstein said.

“It’s attempt to block access to justice for a woman making serious claims of sexual harassment that have been upheld by an independent investigation is prehistoric.”

The complaint has been filed against the NT Government, the judge, two other senior officers, and the Commissioner for Public Employment.

The claim seeks an apology for the harassment and discrimination she endured, as well as damages for injury, distress and the loss of her legal career.

Originally published as NT Government accused of trying to bury sexual harassment complaint against ex-Supreme Court Judge