Judges on notice as court tackles workplace harassment

The NSW Supreme Court has ­appointed an external consultant to handle complaints about unacceptable workplace conduct by judges and other judicial staff.

Former High Court judge Dyson Heydon. Picture: AAP

The NSW Supreme Court has ­appointed an external consultant to handle complaints about unacceptable workplace conduct by judges and other judicial staff, ­following an alleged sexual harassment scandal involving former High Court judge Dyson Heydon.

The move comes after a NSW Supreme Court judge was told Mr Heydon had made unwanted ­advances towards one of its young female employees two years ago but did not take action. Mr Heydon was found by a High Court ­inquiry to have sexually harassed six former associates. He denies the allegations.

Other women, including former ACT Law Society president Noor Blumer, have alleged they were also sexually harassed by Mr Heydon.

The new Supreme Court policy, released on Thursday, says all people, including judges and staff, are encouraged to report unacceptable workplace conduct or suspected misconduct.

“It is not only desirable but ­important that such conduct be reported,” it says. Under the new policy, complaints can be made by complainants or witnesses to alleged misconduct on a formal or informal basis. They can be made ­either to the external consultant or raised within the court, including to judges selected by the chief justice to receive such complaints. Complaints can still also be made to the NSW Judicial Commission.

Complaints can be made confidentially or anonymously, and would be kept confidential “to the extent possible”.

If the complainant consented, or the consultant considered it necessary, the matter would also be raised anonymously and confidentially with the chief justice.

A court spokeswoman said the consultant had been appointed but she could not reveal her identity.

The policy covers all forms of unacceptable workplace conduct, including sexual harassment, bullying, vilification and discrimination. It applies to judges and ­judicial staff, and includes the conduct of judges in their dealings with other staff working at the courts.

Mr Heydon’s practising certificate as a barrister was not ­renewed before its expiry on Tuesday. It is believed the NSW Office of the Legal Services Commissioner will still be able to investigate a complaint of misconduct against him.

A group of about 14 NSW ­female silks complained to the commission based on the allegations against Mr Heydon that had been reported although none had been personally affected.

Sydney lawyer Dhanya Mani, 26, had alleged she was sexually harassed by Mr Heydon after he invited her to his chambers to discuss an appearance at a Liberal Forum event she was planning.

Ms Mani said she relayed her concerns about the unwanted ­advance to Supreme Court judge Guy Parker, for whom she worked in 2018. However, Justice Parker informed Chief Justice Tom Bathurst of her allegations only last week.

The Supreme Court revealed that Chief Justice Bathurst had asked the NSW Judicial Commission to prepare an education program for judges on what to do if an allegation was made.

Judges had not previously been trained on the issue because it was “generally expected” they would have been educated “in their previous careers”.

ACT Policing’s chief officer, Neil Gaughan, said an investigation into allegations against the former judge had started.