Sexual harassment an 'open secret' across Victoria's courts, report says

An inquiry into sexual harassment in Victoria's courts system says legal and cultural changes are needed to better protect lawyers from predatory behaviour.

Dr Helen Szoke has made 20 recommendations following a review of sexual harassment in Victoria's courts.

Dr Helen Szoke has made 20 recommendations following a review of sexual harassment in Victoria's courts. Source: AAP

Sexual harassment is normalised and an "open secret" across Victoria's courts, with a review calling for legal and cultural changes to help stamp out predatory behaviour.

The review was sparked by a separate inquiry that found former High Court justice Dyson Heydon harassed six associates while he worked there. Mr Heydon has denied the accusations.

Former Victorian human rights commissioner Helen Szoke has made 20 recommendations to better protect lawyers and others working across the state's courts and Victorian Civil and Administrative Tribunal.

"Many women and some men told me their stories of the 'open secret' of sexual harassment," she said in her report released on Monday,

"Women also spoke of everyday sexism and a culture that often sees women and junior staff as 'less than'.
"Sexually suggestive comments or jokes, intrusive questions about their private life, and unwelcome comments on their physical appearance were accepted as part of the job."

When and if people did make a disclosure of sexual harassment, the response was deficient, the review was told.

Meanwhile, the court hierarchy and resulting power imbalances made sexual harassment difficult to prevent in the first place.

"When it first happened, the first few times, I just froze, because I wasn't expecting it, and I didn't know what to say or what to do or when - I'm such a people-pleaser," one person told the review.

"I didn't want to say anything that was going to upset him, and then jeopardise my job. Because he's made it very clear that he's very powerful."
The review was told "a lot of people don't really understand what sexual harassment is" and "some people think it's funny or they have a mentality 'oh that's men, that's what they do'."

Dr Szoke's recommendations include changing the appointment guidelines for magistrates and judges to ensure they are explicitly required to be of good character, and to have treated colleagues and clients with respect.

The character and prior conduct of Senior Counsel would also be looked at more closely.

Meanwhile the government was asked to consider giving Victoria's Judicial Commission power to compel documents and information be provided when dealing with complaints.

The review also said Victoria's Equal Opportunity Act should be changed to ensure those working within the courts are protected from sexual harassment and prohibited from sexually harassing others.
Other recommendations include training for all court staff about sexual harassment and gender inequality, and a separate and independent education program for new judicial appointees.

Annual anonymous surveys should be used to track progress on dealing with and reporting sexual harassment in the courts, according to the review.

It also called for an independent audit within two years to track the progress of implementing these review recommendations.
Responding to the report, Supreme Court Chief Justice Anne Ferguson said sexual harassment was harmful, unlawful and wrong.

"It goes against everything our justice system is built on," she said.

"We will not tolerate victimisation of anyone who makes a complaint."

Attorney-General Jaclyn Symes said she welcomed the report as a clear path to building a safer culture across Victoria's courts.

 


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3 min read
Published 19 April 2021 3:45pm
Updated 19 April 2021 5:33pm
Source: AAP, SBS



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