Former City of Melbourne Lord Mayor Robert Doyle is trying to stop a report into sex harassment allegations being released

A bid by former Melbourne Lord Mayor Robert Doyle to permanently stop a report into sexual harassment allegations being released will go before the Supreme Court next week.

A bid by former Melbourne Lord Mayor Robert Doyle to permanently stop a report into sexual harassment allegations being released will go before the Supreme Court next week.

A writ filed by Mr Doyle’s lawyer on Tuesday says City of Melbourne chief executive Ben Rimmer had no authority to commission the report because the incident being investigated had nothing to do with the council.

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Emma Page-Campbell with her husband Robert Doyle. Picture: Nicole Garmston

It also says the release of the report would damage the former Lord Mayor’s health.

The Herald Sun understands the case will go before the Supreme Court of Victoria on Monday.

An initial investigation into allegations of sexual misconduct was commissioned by Mr Rimmer in December last year and was then expanded to cover an alleged incident at a Melbourne Health dinner in June 2016.

A woman alleged Mr Doyle sexually harassed her at a Melbourne Health awards dinner,

touching her under the table on her upper thigh and making offensive remarks.

Mr Doyle’s lawyer will argue Mr Rimmer had no right to give the green light to the investigation by Dr Ian Freckelton QC because Mr Doyle was at the event in his capacity as the Chair of the Board of Melbourne Health, which had no link to his role as Lord Mayor.

“The expanded investigation is without authority and is not within the CEO’s statutory functions,” the writ stated.

“Mr Rimmer has no authority on behalf of the City of Melbourne and/or the Council to authorise the expanded investigation.”

Mr Doyle was elected Lord Mayor in 2008 and became the chairman of Melbourne Health 2007.

CEO Ben Rimmer. Picture: Kris Reichl

He resigned from both positions on February 5 this year following multiple damaging sexual assault allegations.

Mr Doyle’s lawyer will also allege the release of the report would adversely affect the former Lord Mayor’s health.

“It would be unsafe for Mr Doyle to participate in the expanded investigation concerning the Melbourne Health Allegations,” the writ stated.

“Mr Doyle’s exposure to the material with which the expanded investigation is concerned could have serious consequences to Mr Doyle’s health.”

In March, the council released some of the findings made in the initial investigation but the full report was not made public.

A summary report was given to councillors.

“In December last year, City of Melbourne Chief Executive Officer, Ben Rimmer, commissioned an independent external investigation, led by Dr Ian Freckelton QC, into serious allegations against the then Lord Mayor,” a City of Melbourne spokeswoman told the Herald Sun.

“Since that time, the CEO has kept Council informed, as appropriate, on outcomes and key developments in the investigation.

“As this matter is now the subject of court action, it would not be appropriate to comment further at this time.”

Mr Doyle declined to comment.

@tamsinroses