In the late 2010s, it became clear that the judiciary were not to be spared from workplace problems. The leadership demonstrated by Chief Justice Anne Ferguson on wellbeing issues sponsored the College’s development of world-leading, expansive and responsive judicial educational formats. When issues of judicial sexual harassment and inappropriate behaviours emerged into public consciousness, the Chief Justice was again proactive. In co-initiating the Review of Sexual Harassment in Victorian Courts and VCAT; in her uncompromising messaging and her empathetic response to complainants, the Chief Justice’s vision of maintaining a safe and ethical workplace operated to align the courts with the historical context of the times, fulfil the courts’ legal obligations and prevent harm.
The following resources establish the conduct expected of Australian judicial officers and provide context for the development of judicial education on sexual harassment in Victoria and Australia.
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External LinkJUDICIAL LIFE
Judicial Conduct Guideline on Sexual Harassment
This Guideline emphasises the expected conduct of judicial officers as leaders: ‘The conduct of judicial officers has the potential to instil confidence that people will not be sexually harassed or be penalised or victimised for speaking up.’ -
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Guide to Judicial Conduct (3rd ed, amended 2022).
The Guide provides principled and practical guidance to judicial officers as to appropriate course of conduct and matters to be considered in determining a course of conduct, in and out of office. By maintaining high standards of conduct, it is expected that the reputation of the Australian judiciary and public confidence in the courts will be preserved and enhanced. The Guide is published by the AIJA on behalf of the Council of Chief Justices of Australia and New Zealand. -
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High Court of Australia: Justices’ Policy on Workplace Conduct.
In 2022, the High Court of Australia published this policy which contains the justices’ commitment to maintaining a safe and respectful workplace. The policy covers inappropriate conduct, including bullying, sexual harassment, discrimination and retaliation. It outlines the complaints and investigations process at the High Court stating: ‘It is not only desirable but important that… inappropriate conduct be reported'. The policy is reviewed annually as informed by anonymous surveys.
In this video, Chief Justice Anne Ferguson welcomes the Szoke Report. She states:
‘Sexual harassment is harmful, unlawful and wrong. It goes against everything our justice system is built on. I want to make it clear we will not put up with any form of wrongful conduct in our courts or VCAT. There will be zero tolerance for sexual harassment’
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Review of Recruitment and Working Arrangements of Staff Working in a Primary Relationship with Judicial Officers
Lead by the Hon. Julie Dodds-Streeton KC and assisted by barrister Jack O’Connor, this Report responds to Recommendation 4 of the Szoke Report. It examines the structural sexual harassment risks which exist within courts and VCAT and makes 27 recommendations which include improved induction training for staff and judicial officers, greater staff diversity and additional reporting pathways. -
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Summary of the Review of Recruitment and Working Arrangements of Staff Working in a Primary Relationship with Judicial Officers
This summary of the Review of Recruitment and Working Arrangements of Staff Working in a Primary Relationship with Judicial Officers includes background context and a concise overview of the Report’s 27 recommendations. -
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Chief Justice Response to Review of Recruitment and Working Arrangements of Staff Working in a Primary Relationship with Judicial Officers
Chief Justice Anne Ferguson thanks the authors of the Review, acknowledges the harms of sexual harassment, reiterates the commitment of Courts, VCAT and CSV to address sexual harassment and states that Courts Council endorses the Review’s 27 recommendations. -
External LinkJUDICIAL LIFE
The Victorian Bar: Quality of Working Life Survey Report
Released in October 2018, this survey report provided a comprehensive data set and summary of the Quality of Working Life Survey. Amongst these results the Victorian Bar survey found that 55% of male barristers and 66% of female barristers experience judicial bullying. -
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Sexual Harassment in the Victorian Legal Sector
In March 2019, the Victorian Legal Services Board and Commissioner released their Sexual Harassment in the Victorian Legal Sector Report which found that one in four legal professionals experienced sexual harassment in the 12 months prior to the survey; one in three witnessed sexual harassment and 81% did not report sexual harassment.
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External Link
Us Too? Bullying and Sexual Harassment in the Legal Profession
A comprehensive resource on bullying and sexual harassment which juxtaposes international statistical evidence and analysis with first-person statements from survivors. The Report looks at case studies across nine countries, policies and training and makes ten recommendations