District Court Judge Timothy Heffernan resigns amid inquiry into alleged sexual harassment

District Court Judge Timothy Heffernan has stunned SA’s legal community by resigning amid a now-terminated top-level investigation into allegations of sexual harassment.

Judge Tim Heffernan has quit his $424,000-a-year position. Picture: Keryn Stevens

District Court Judge Timothy Heffernan has resigned from the bench amid a top-level investigation into allegations of sexual harassment.

The Advertiser can reveal Mr Heffernan has been the subject of an investigation – that has now ceased – by Judicial Conduct Commissioner Michael Boylan KC since January.

Mr Heffernan, who was appointed to the District Court bench in 2021, was directed away from the workplace by Chief Judge Michael Evans when the JCC inquiry was launched.

While The Advertiser can reveal Mr Heffernan was at the centre of the investigation, details of the allegations being investigated are still subject the strict secrecy provisions of the Judicial Conduct Commissioner Act.

Late on Monday JCC Boylan granted The Advertiser an exemption under Section 33 of the Act to allow the fact that Mr Heffernan was the subject of investigation and that he had resigned to be reported.

Judicial Conduct Commissioner Michael Boylan. Picture: Roger Wyman

District Court Chief Judge Michael Evans. Picture: Greg Higgs

In granting the exemption, Mr Boylan acknowledged Mr Heffernan “is the judicial officer in respect of whom I was investigating a complaint relating to alleged sexual harassment’’.

“I do not authorise you to publish any further details in relation to the complaint or my investigation into the complaint,’’ he stated.

Judge Tim Heffernan has quit his $424,000-a-year role. Picture: Supplied

“As Mr Heffernan has resigned, I have no jurisdiction to investigate the matter further.’’

In a statement, Chief Judge Evans said because Mr Heffernan was no longer a judicial officer, the JCC “was bound to terminate the investigation without making any findings”.

“The Court takes all complaints of inappropriate judicial conduct very seriously,’’ Chief Judge Evans said.

“In referring the complaint to the Judicial Conduct Commissioner, and whilst the investigation proceeded, the Court followed the relevant policies and protocols, including the Judicial Officer Appropriate Workplace Conduct Policy and the Courts Administration Authority Resolution Procedure which provide a safe and confidential avenue for the affected CAA employees to report. The Court continues to support those employees and all Court staff.”

Chief Justice Chris Kourakis said he would make no comment on the investigation itself “which has now terminated without any finding being made”.

“However, speaking generally, the community rightly expects that those persons to whom it entrusts the administration of justice observe the highest standards of respectful and decent conduct, according to all with whom they interact the dignity to which they are entitled,’’ he said.

“Any person who cannot meet those standards should not seek judicial office or expect to remain in office.”

State Courts Administrator Penny Croser. Picture: SA Government

State Courts Administrator Penny Croser said the CAA “is committed to providing a safe, inclusive and respectful workplace for all employees’’.

“We have a range of measures to support employees throughout any investigation and complaint management process,’’ she said.

“At all times, the wellbeing of CAA employees is the priority when managing complaints, including complaints about a judicial officer.

“The CAA will continue to support the affected employees.”

Mr Heffernan was formerly a Judge of the Federal Circuit Court for six years before being appointed to the District Court. Prior to that he was a criminal barrister at Edmund Barton Chambers and prior to that he was a senior prosecutor at the Office of the Director of Public Prosecutions.

Judge Timothy Heffernan, right, taking his oaths as a Judge of the District Court before the Chief Justice Chris Kourakis on April 12, 2021. Picture: Courts Administration Authority

Mr Heffernan, who did not respond to calls from The Advertiser, is only the second sitting District Court Judge to resign while the subject of an investigation.

In 2012 Judge Mark Griffin sensationally resigned amid an investigation by Anti-Corruption Branch detectives into his use of sex workers.

Mr Griffin, who passed away in 2019, quit after being questioned by detectives, who also raided his Royston Park home, his office and a brothel in the eastern suburbs.

In November last year Magistrate Simon Milazzo was sacked after a judicial conduct panel – recommended by then Judicial Conduct Commissioner Ann Vanstone KC – concluded he engaged in inappropriate and sexual misconduct towards four female subordinates while in office.

Former magistrate Simon Milazzo. Picture: Campbell Brodie.

It found that he had, over a multi-year period, sexually harassed and behaved inappropriately toward four female subordinates.

The state’s legal Profession Conduct Commissioner Anthony Keane has just launched an online tool for lawyers and others employed in the legal industry to anonymously report instances of sexual harassment, bullying, discrimination and other forms of inappropriate personal behaviour.

The new tool, accessible through the LPCC website, enables targets, witnesses and others concerned by inappropriate behaviour to make a report.

“The new online reporting tool is intended to remove some of the barriers to reporting by placing the person making the report in control of the information they choose to share,’’ Mr Keane said.

“I encourage anyone who has experienced sexual harassment, discrimination or bullying in the legal profession and who is, for whatever reason, unwilling to make a formal complaint to visit the Legal Profession Conduct Commissioner website and utilise Speak safely.

“Reporting of inappropriate conduct is a first step in promoting change.’’

Attorney-General Kyam Maher said “all workers have a right to feel safe in the workplace.’’

“The online anonymous reporting tool will not be a panacea for inappropriate personal behaviour in the legal profession, but is one positive step in a broader strategy to address the problem,’’ he said.