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NSW courts set to receive overhaul of sexual harassment protocols

The NSW Supreme Court has published new protocols for investigating and managing sexual harassment complaints as the Attorney-General prepares for an urgent review.

user iconNaomi Neilson 06 July 2020 Big Law
NSW Supreme Court
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A new policy published by the NSW Supreme Court has set out protocols for inspecting inappropriate workplace conduct, from bullying to sexual harassment. The policy aims to encourage affected people to make a complaint and have that heard appropriately.

The protocols were inspired by the Dyson Heydon sexual harassment revelations and public concerns that there are many more complainants left in the dark. The Hon. Chief Justice Tom Bathurst AC said this type of conduct was “abhorrent” and “unacceptable” in any workplace, but particularly in a court with a “high standard of integrity”.

 
 

Under this new policy, CJ Bathurst will establish a small group of senior people within the court to offer confidential advice and support to complainants. If the complaint must be recorded, it will be done transparently and confidentially to protect the complainant.

If the complaint must be investigated at a formal level, it will be done by an independent external adviser appointed by CJ Bathurst or referred to the Judicial Commission.

“Complainants will be informed, and kept informed, of the nature of the steps that are proposed for any formal or informal resolution process and the progress and outcomes of those steps,” CJ Bathurst and the court proposed in a statement.

“This protocol for reporting complaints is not intended to preclude the rights of judicial staff to complain directly to the Judicial Commission or other authorities, and he or she will be supported and will suffer no adverse consequences from making a complaint.”

This comes as NSW Attorney-General Mark Speakman announced he is launching an urgent review into the handling of sexual harassment across the state’s courts. He has asked the Departmental Secretary to investigate 11 key terms of reference, which follows concerns that incidents of harassment are still going unreported.

“This is not merely a matter of solidifying policies and reporting channels, but changing any culture which allows offending behaviour to occur in the first place,” he said.

“Legal workplaces, including courts and tribunals, as well as disciplinary bodies should take allegations of misconduct seriously, and ensure they are thoroughly investigated and appropriate action is taken.”

Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.