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An associate has brought a sexual harassment claim against a former judge of the Northern Territory Supreme Court.
Maurice Blackburn has lodged a complaint in the Northern Territory Anti-Discrimination Commission on behalf of a former associate who alleged she was sexually harassed by a former judge of the Supreme Court and had her complaints ignored by other judicial officers.
The Northern Territory government tried to have the complaint dismissed because the alleged harassment occurred years earlier, but the commission rejected this argument last month.
“Someone forgot to tell the Northern Territory government that we live in the 21st century,” principal lawyer Josh Bornstein said.
“[Its] attempt to block access to justice for a woman making serious claims of sexual harassment that have been upheld by an independent investigation is prehistoric.”
The associate alleged the judge took photos of her without permission, directed her to attend social engagements with him outside of work hours, and commented on her appearance.
The judge was also accused of asking the associate if she “liked having massages” and, on one occasion, said they should travel to see a concert and “share a bed to save money”.
A complaint was made to another judicial officer who allegedly told the associate to speak directly to the judge about her concerns and to report back if the harassment “gets worse”.
The associate claimed this judicial officer said one option was to swap her position “with a male associate”.
The associate abandoned her legal career and has required treatment for the psychological impact of her experience at the court.
In last month’s decision, the commission said the respondents were individuals “in whom significant public trust is placed”, meaning they should be expected to act “with the highest degree of integrity”.
“It is in the public interest that judges and public officials are not seen as ‘above the law’ and are held to account when there are serious allegations of sexual harassment and sex discrimination.
“Providing a process to progress complaints of this nature, despite the expiration of the limitation period, will not only advance the objects of the Act, but promote public confidence in the justice system more broadly,” the commission added.
The associate said she did not believe there were avenues to address the alleged sexual harassment she experienced in her role until the High Court apologised to the six former associates who were sexually harassed by former judge Dyson Heydon.
“The brave women [who] came forward with their complaints of sexual harassment to the High Court made it possible for me to do the same.
“I am driven to seek accountability for what happened to me. I hope my claim may set an example in the Northern Territory,” she said.
The associate has sought an apology, as well as damages for injury, distress and the loss of her legal career.
In the Northern Territory, compensation for sexual harassment victims has been capped at $60,000 since the 1990s.
Under the federal Sex Discrimination Act, there is no cap.
Bornstein said women in the Northern Territory “are already treated as second-class citizens”.
“The government must urgently remove the cap to bring the law into line with the rest of the country,” Bornstein said.
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Harassment is defined as persistent behaviour or acts that intimidate, threaten, or uncomfortably affect other employees at work. Because of anti-discrimination laws and the Fair Work Act of 2009, harassment in Australia is prohibited on the basis of protected characteristics.
