Judicial Conduct Commissioner inquiry into complaint against judge

A sitting judge is at the centre of an investigation into allegations of sexual harassment, the state’s judicial watchdog has confirmed.

A serving judge is at the centre of an investigation into allegations of sexual harassment.

The Advertiser can reveal Judicial Conduct Commissioner Michael Boylan KC is conducting a preliminary examination of a complaint involving the judicial officer.

However, because of strict secrecy provisions within the Judicial Conduct Commissioner Act, no details of the incident that prompted the complaint can be revealed, nor the identity of the judge involved.

The Advertiser on Tuesday asked Commissioner Boylan to grant an exemption under Section 33 of the Act to allow publication of full details of the incident, but this was declined.

Commissioner Boylan did however grant a limited exemption confirming his interest in the matter.

“I have received a complaint about the conduct of a serving judge,’’ Commissioner Boylan said in a statement.

“The complaint is about alleged sexual harassment.

“I am now conducting a preliminary examination of the complaint. That examination is in its early stages and it is inappropriate for me to say anything further about it now.’’

Judicial Conduct Commissioner Michael Boylan KC. Picture Roger Wyman

In response to questions from The Advertiser concerning the incident that prompted the complaint, Chief Judge Michael Evans said the “court takes any complaint about inappropriate judicial conduct very seriously.’’

“High standards of behaviour are demanded of all judicial officers,’’ he said.

“In August 2022 the judicial officers of the Supreme, District, Magistrates, Youth and Coroners Courts adopted Appropriate Workplace Conduct Policies to formalise the process of dealing with any complaint.

“In the event of a complaint about a judicial officer, the Court follows such policies and protocols, including the CAA (Courts Administration Authority) Resolution Procedure which provides a safe, confidential and robust avenue for CAA employees to report, manage and resolve incidents of inappropriate workplace behaviour.

“Those procedures may include a referral to the Judicial Conduct Commissioner and/or a direction that the judicial officer not attend the workplace.

“The Court does not make public, or comment on, allegations or the investigation process, unless and until it is appropriate to do so, to ensure that any investigation is not compromised, and to minimise any further distress to any person affected by the conduct.’’

Former magistrate Simon Milazzo was sacked last year after a judicial conduct panel.

State Courts Administrator Penny Croser said the CAA “takes all complaints about inappropriate workplace behaviour seriously.’’

“The wellbeing of CAA employees is the priority when managing complaints, including complaints about a judicial officer,’’ she said.

“A number of wellbeing measures are in place to ensure that employees feel safe to raise matters and that they are supported throughout any investigation and complaint management process.”

The Judicial Conduct Commissioner has several options following the completion of any investigation into a judicial officer.

They include dismissing the complaint, making a recommendation to the Attorney-General to appoint a judicial conduct panel to examine the conduct and determine any action, or make a report to state parliament recommending the removal of a judicial officer.

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.

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