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Victorian A-G falls behind in sexual harassment prevention plan
The Victorian Attorney-General’s Department has so far failed to fulfil its part of a plan to prevent sexual harassment and improve the support for victims in courtrooms and tribunals across the state.
Naomi Neilson
More than three years after Dr Helen Szoke published a Review into Sexual Harassment in the Victorian Courts, the Attorney-General’s Department has only completed two of the four recommendations it was responsible for, according to an independent audit by Ashurst.
CSV has also completed all five of the “improvement opportunities” identified by Ashurst during its audit, which it says “underscored CSV’s continuing commitment to preventing sexual harassment and providing a safe and respectful workplace” for all employees of the justice system.
“CSV recognises that cultural change takes time, and while the results in the phase one audit are positive, the work to eliminate sexual harassment continues,” the service said in a statement.
The Attorney-General’s Department was responsible for amending the appointment process for judicial officers to “explicitly require” they are of good character and have “consistently demonstrated” professional respect for colleagues, clients, and others in the justice system.
These consultations should take place with the Victorian Legal Services Board (VLSB), the Victorian Bar Association, the Law Institute of Victoria, and the current or former employer of the job applicant.
The Attorney-General’s Department informed Ashurst that while a consent form should be sent as part of the probity checks, this process is “not consistently followed” and has not been “considered for use in the instance where a judicial officer may change positions internally”.
Of the three additional improvement opportunities, the department received three. The first two requests are for the department to ensure the form is consistently used and that it is handed out for internal movements.
The department was also asked to amend the Equal Opportunity Act 2010 and the Occupational Health and Safety Act 2004 to ensure all employees are protected against sexual harassment.
While it continues to consider this, the department said there are “complexities in respect of judicial immunity and judicial independence and the potential interaction” with the Sex Discrimination Act 1984.
The Attorney-General’s Department has met the recommendation to amend the Judicial College of Victoria Act 2001 to cover the appointment of at least three and up to four directors who are not judicial officers.
It also implemented the recommendation to explore further changes to the Equal Opportunity Act 2010 to address systemic issues of sexual harassment, as well as discrimination and victimisation.
Ashurst’s audit set out that the government has considered feedback from Victorians on how to change the law and will continue engaging. Subject to direction, the next steps may involve preparing legislative amendments, including changes to the Equal Opportunity Act 2010.
The third and final improvement opportunity requested the Attorney-General’s Department consider including a requirement that judicial officers and VCAT members complete recent and relevant sexual harassment training as part of the appointment process.
As of March 2024, more than 87 per cent of judicial officers and VCAT members have completed these programs.
The audit did not determine the “effectiveness” of the implementation of the recommendations and will have to be commissioned separately.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
