Adelaide Magistrate Simon Milazzo suspended as Judicial Conduct Panel investigates allegations of sexual harassment

South Australia’s Chief Justice has revealed a magistrate has been stood down while an investigation into allegations of improper conduct is launched.

An Adelaide magistrate has been suspended with pay, on the orders of the Governor, while allegations of sexual harassment and improper conduct are investigated.

Magistrate Simon Milazzo has been publicly named as the subject of inquiries being undertaken by the state’s brand new Judicial Conduct Panel, which was established last week.

In a statement on Thursday, Chief Justice Chris Kourakis said the Governor had acted on his advice.

He said his statement followed permission being granted by judicial conduct commissioner Ann Vanstone to speak publicly about the case.

Magistrate Simon Milazzo pictured in 2009.

“I advised the governor to suspend Mr Milazzo because of the establishment of the panel and because of the obligation of the Courts Administration Authority to provide, and be seen to provide, a safe and supportive workplace for all of its employees,” Chief Justice Kourakis said.

“I emphasis that the complaints are still to be investigated by the panel.

“Nonetheless, it was necessary for me to balance the possible risks to, and apprehensions of, CAA employees against the right of Mr Milazzo to discharge the duties of his office.

“In my opinion, in the circumstances of this case, the former consideration outweighed the latter.”

Mr Milazzo’s suspension follows an Equal Opportunities Commission report earlier this year that found sexual harassment, bullying and intimidation go “all the way to the top” in SA’s legal ranks.

One respondent to that report alleged a sitting magistrate had sexually harassed her when she was working as a clerk for a District Court judge – she is now a Commonwealth prosecutor.

The CAA subsequently asked a magistrate to stand aside from their duties but did not name that person.

Commissioner Vanstone then decided the allegations would be best examined by a panel rather than her acting alone.

South Australia's Chief Justice has revealed an #Adelaide magistrate has been stood down on the orders of the Governor while an investigation is launched: https://t.co/KOeeFO0ABj via @theTiser#auslaw

— Sean Fewster (@SeanFewster) July 1, 2021

Under SA law, magistrates are appointed by the Governor and retain their position until the age of 70.

Mr Milazzo worked primarily in the Adelaide Magistrates Court’s civil jurisdiction, presiding over lawsuits and compensation claims.

In his statement, Chief Justice Kourakis confirmed Mr Milazzo would “continue to receive his remuneration” while the investigation was undertaken.

“I do not have all of the information which will be before the panel, nor do I have Mr Milazzo’s response to it,” he said.

“I am therefore not in a position to assess the strength of the evidence – nor am I in a position to assess the prospect that the panel will recommend Mr Milazzo’s removal from office.

“That must await the conclusion of the panel’s inquiry.”

Originally published as Adelaide Magistrate Simon Milazzo suspended as Judicial Conduct Panel investigates allegations of sexual harassment