Aussie judge's harassment probe leads to workplace safety review

Failure to address sexual abuse issues prompting women lawyers to leave profession, says country's law council

The revelation that a former Australian High Court judge, Mr Dyson Heydon, allegedly sexually harassed multiple younger women, has stunned the legal profession and prompted moves to overhaul workplace practices.

An independent inquiry by the High Court found that Mr Heydon, 77, a world-renowned legal expert, had sexually harassed six female judges' associates - five of whom worked for him - during his time on the bench from 2003 to 2013. The role of associate to one of Australia's seven High Court judges is one of the country's most prestigious, keenly contested positions for young lawyers.

In a statement recently, High Court Chief Justice Susan Kiefel confirmed the inquiry's findings. She said the court had apologised to the women and was "ashamed that this could have happened".

"Their accounts of their experiences at the time have been believed," she said. "I have appreciated the opportunity to talk with a number of the women about their experiences and to apologise to them in person."

Mr Heydon's lawyers "emphatically" denied the allegations of sexual harassment or any offence.

"Our client says that if any conduct of his has caused offence, that result was inadvertent and unintended and he apologises for any offence caused," the lawyers said in a statement.

The allegations have sent shockwaves across the legal community and led to calls for changes in workplace practices at law firms, courts and barristers' chambers.

Australian Prime Minister Scott Morrison said the allegations involving Mr Heydon were "very disturbing and very concerning and they're incredibly serious". He also said all workplaces should prevent harassment and ensure people can confidently report misconduct, adding that he wanted his own two young daughters to have a safe future in the workplace.

"When my girls go to work, I want them to go to work in a safe environment where they are valued and respected for their talents and their abilities," he said. "I would just be devastated if they ever found themselves in a situation like that."

The High Court said it had adopted the recommendations of the inquiry into the claims against Mr Heydon and would develop an enhanced human resources policy for its associates. It will also appoint a person at the court who can "check in regularly with associates" and provide support.

The Law Council of Australia, a peak national body for lawyers, said a failure to address sexual harassment issues was prompting women lawyers to quit the profession. It also called on the federal government to create a federal judicial commission that can deal with complaints.

An independent inquiry by the High Court found that former Australian High Court judge Dyson Heydon sexually harassed six female judges' associates - five of whom worked for him - during his time on the bench from 2003 to 2013.

"The attrition rate of women lawyers is high, and experiences of sexual harassment are a key reason why women leave the law," the council said in a statement.

"This is damaging and costly - for individuals, for firms, and for the current and future standing of the legal profession."

Mr Heydon, a father of four, was one of the country's most prominent jurists. A university medallist and former Rhodes Scholar, he was regarded as a conservative, black-letter judge and was appointed to the High Court by former conservative prime minister John Howard.

Mr Heydon also headed a royal commission into the trade union movement after being appointed in 2014 by another former conservative prime minister, Mr Tony Abbott. Both Mr Howard and Mr Abbott belong to Mr Morrison's ruling Liberal-National coalition.

Following the High Court's release of the inquiry's findings, Mr Heydon resigned as an international judge of the Singapore International Commercial Court. A spokesman for Singapore's Supreme Court said Mr Heydon resigned "in view of the recent developments and to enable him to deal with the outcome of the inquiry".

There are now calls to strip Mr Heydon of his Queen's Counsel title - an honour bestowed on leading barristers - and also his Companion of the Order of Australia award.

Meanwhile, police in the Australian Capital Territory said they were making inquiries into the allegations against him but added that they could not confirm whether a formal investigation had been launched. Three of his former associates are planning to lodge compensation claims against him.

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A version of this article appeared in the print edition of The Sunday Times on July 05, 2020, with the headline Aussie judge's harassment probe leads to workplace safety review. Subscribe