Health union, ‘worker’ law firm slammed over alleged rape victim ‘re-traumatisation’

A young lawyer was allegedly raped by a delegate at a Health and Community Services Union conference, while the ‘worker-friendly’ law firm that sent her there has won a bid to halt her compensation.

HACSU state secretary Robbie Moore says his union only just became aware of that one of its delegates was accused of raping a young woman at a union conference. Picture: Linda Higginson

A union-focused national law firm and a major health union are accused of worsening the trauma of a young female lawyer allegedly raped at a union conference.

The lawyer alleges she was raped at the Health and Community Services Union’s Tasmanian Delegates Conference at the Grindelwald resort in the state’s north on November 3, 2023.

Her firm, Hall Payne Lawyers, based in Brisbane and with offices nationally, has a very close relationship with the HACSU and other unions, providing their legal services.

In Tasmania, the firm sponsors the HACSU’s annual delegates conference, has links across the union movement, and has represented prominent Labor figures fighting claims of misconduct.

According to a recent workers’ compensation ruling, Hall Payne does not dispute that it asked the lawyer to represent it at the 2023 conference, that she was allegedly raped by a delegate after the conference dinner, and that she suffers PTSD as a result.

Initially, the firm informally supported the woman with time off, flexible hours and assistance paying for psychological treatment.

However, she says things changed after she sought to formalise that support via a workers’ compensation claim in August 2024.

Hall Payne denied liability, applying to the Tasmanian Civil and Administrative Tribunal to cease workers’ compensations payments to the woman.

The law firm, which trumpets its commitment to fairness, told TASCAT the woman’s work was not the most significant factor contributing to her PTSD because the alleged rape “did not occur in the course of the worker’s employment”.

In a hearing before TASCAT on November 28, the firm also argued the woman had missed a legislative six-month time frame to apply for compensation.

On January 14, TASCAT ruled in the firm’s favour, rejecting the timing issue but agreeing there was a “reasonably arguable case” that it could not be held liable for the alleged rape.

“It is arguable in my view … that the activity causative of the worker’s PTSD, namely the (alleged) sexual assault, was not an activity induced or encouraged by the employer,” a TASCAT senior member found.

“And hence there was an insufficient connection with the worker’s employment to create a liability in the employer to pay compensation.”

The decision means the workers’ compensation payments have ended and the woman will need to make a fresh referral seeking a full hearing on all the evidence to try to restore them.

“I am deeply disappointed by all of it,” the woman, who asked not to be identified, told The Weekend Australian. “It has really made an horrendous situation a lot worse than it needs to be.”

She said her aim had been to formalise ongoing support for payment of her significant medical costs.

Her concern is shared by some within the labour movement. One Labor source said it was “extraordinary and disgusting that a union and a union law firm would take an issue like this all the way to a tribunal”.

HACSU's website spruiks the services of Hall Payne. The legal firm has successfully applied to stop workers’ compensation payments for one of its young lawyers, who was allegedly raped at a HACSU delegates conference the firm sent her to attend.

Hall Payne said it supported the woman until her resignation in September 2024, and had continued paying medical costs until they were taken over by workers’ compensation.

It blamed the insurer for the loss of this compensation, despite being the applicant to TASCAT. “We completely understand her distress at her workers’ compensation benefits being ceased,” the firm said in a statement.

“However, decisions concerning workers’ compensation claims are the sole prerogative of the insurer, not the firm. The firm has no power to direct an insurer to accept or reject claims for workers compensation payments.”

Some within the labour movement believe the HACSU should have helped the woman, given the alleged assault occurred at its conference and one of its delegates was the alleged perpetrator.

HACSU state secretary Robbie Moore said the union had been unaware of the alleged rape until very recently.

“We were contacted by the police in April 2024 and provided with no detail but with a request for an attendance list for who attended our delegates’ conference in November 2023,” Mr Moore told The Weekend Australian.

“We co-operated with the police but were advised that they could not give us any other information and that we should not get involved in their investigation.

“There are many attendees at a HACSU delegates’ conference other than delegates themselves.”

Mr Moore said the union only learned details of the allegations when Hall Payne contacted it in recent days, in the wake of the workers’ compensation outcome.

“We have no idea who the alleged perpetrator is, nor do we have any practical way of knowing,” he said. “We are of the understanding it is still being handled by Tasmanian police.

“HACSU strongly advocates for safe workplaces and the protection of everyone from sexual assault or rape. We take this matter extremely seriously and will do whatever we can to continue to assist Tasmanian police.”

Hall Payne Lawyers continues its close relationship with trade union clients, including HACSU. The law firm has successfully won a case to stop paying workers compensation to a young lawyer allegedly raped at a HACSU conference it sent her to attend.

Police said the Director of Public Prosecutions had concluded there was insufficient evidence to support a successful prosecution in the case.

Mr Moore said the union took steps to ensure appropriate conduct at its 2024 conference.

“The MC (at the 2024 conference) repeatedly gave instruction about expected behaviour, and staff were asked to keep an eye on everyone to make sure no one was improperly intoxicated at the dinner,” he said.

He would not say whether the union would review its close relationship with Hall Payne.