Former NT Supreme Court judge accused of sexual harassment in NT anti-discrimination complaint
The Northern Territory's anti-discrimination watchdog is probing the sexual harassment allegations against a former judge. (ABC News: Che Chorley)
In short:
An associate has accused a former Northern Territory judge of sexual harassment, alleging he made inappropriate comments, took photos without her consent and directed her to attend social engagements outside of work hours.
The NT Anti-Discrimination Commission has accepted the woman's complaint, despite a challenge from the NT government, and will investigate it.
What's next?
The woman's lawyers say the NT's limit on the amount of compensation that sexual harassment victims can receive is "astonishingly low".
A former Northern Territory judge is facing accusations of sexual harassment from a former associate, who claims he suggested they go to a concert together and "share a bed to save money".
The associate and the former judge cannot be identified for legal reasons.
A redacted letter, written by a delegate from the NT Anti-Discrimination Commission, shows the NT government unsuccessfully tried to have the complaint dismissed by arguing it fell outside the 12-month statutory time limit.
But in the letter, obtained by the ABC, the delegate said the commission had accepted the associate's sexual harassment complaint "out of time", noting it was a matter of public interest.
The NT Anti-Discrimination Commission determined the sexual harassment complaint was a matter of public interest. (ABC News: Che Chorley)
Through her lawyers at Maurice Blackburn, the associate alleges the former judicial officer took photos of her without consent, directed her to attend social functions with him outside of work hours, and made inappropriate comments about her.
The alleged inappropriate comments included asking whether she "liked having massages", commenting about her appearance, and suggesting the pair travel to see a concert and "share a bed to save money".
Maurice Blackburn said the experience led the associate to walk away from a career in law.
"The experience devastated the associate, who abandoned her legal career and required treatment for the psychological impact of her experience at the court," the law firm said in a statement.
Maurice Blackburn says their client was so distressed, she abandoned her legal career ambitions. (ABC News: Che Chorley)
The associate has lodged a complaint against the former judge, two other "senior officers", the NT government and the Commissioner for Public Employment.
Her lawyers say through her claim, she is seeking an apology for harassment and discrimination endured, and damages for injury, distress and the loss of her legal career.
Maurice Blackburn principal lawyer Josh Bornstein said the complainant did not seek any redress until 2020, when she heard several women had taken legal action against former High Court Justice Dyson Heydon for sexually harassing them.
Josh Bornstein has represented many women in sexual harassment claims. (ABC News: Supplied)
"It's very common in cases of sexual harassment — particularly in cases of sexual harassment allegations against judges — for young women not to feel they can come forward at the time," he said.
"Courts and tribunals are recognising increasingly that there are good reasons why women who experience sexual harassment don't bring claims against very powerful individuals straight after the event."
NT Anti-Discrimination Commission notes 'power imbalance'
The NT Anti-Discrimination Commission delegate's redacted letter said an internal investigation in the NT Attorney-General's Department had made a "positive finding of sexual harassment, on the available evidence".
"The allegations involve the abuse of an immense workplace power imbalance," the letter reads.
"The respondents are individuals in whom significant public trust is placed, and they should be expected to act with the highest degree of integrity."
The NT Anti-Discrimination Commission delegate's redacted letter said the allegations involved "the abuse of an immense workplace power imbalance". (ABC News: Tristan Hooft)
Mr Bornstein said experienced public administration expert Vivienne Thom — who investigated complaints of sexual harassment against former Justice Heydon — was tasked with that internal investigation.
A publicly available tender notice shows Dr Thom was contracted to provide "Investigator Services" in 2022.
Mr Bornstein labelled efforts to dismiss the complaint as "baffling and insulting to my client and indeed all women in the Northern Territory".
"The tribunals that routinely deal with cases like this have a discretion about whether to accept claims that are in some cases beyond 12 months or two years after the event," he said.
"Here, the Northern Territory government decided to behave as if we're still back in the dark ages and has baulked at the idea of paying compensation to a woman who, like other women in this situation, lost her legal career."
Josh Bornstein claims the cap on compensation in the NT "is an insult". (ABC News: Che Chorley)
Under the NT's Anti-Discrimination Act, complaints usually need to be submitted within 12 months of the alleged conduct, however the Anti-Discrimination Commissioner can accept complaints outside of that period if they deem it appropriate.
Mr Bornstein — who represented several women who were sexually harassed by former Justice Heydon — said the NT had a $60,000 cap on the amount of compensation payable to sexual harassment victims, which he said added "insult to injury".
"For women who lose their career in the law, their losses can run into millions of dollars,"he said.
"To have a cap on their loss of $60,000 is an insult and indicates that the Northern Territory government regards women in the Northern Territory as second-class citizens — it's not an experience that any other woman in Australia has to contend with."
On Wednesday, an NT Attorney-General's Department spokesperson said the department "does not comment on any complaints being dealt with by the Anti-Discrimination Commissioner".
The spokesperson said the NT Legislative Assembly was responsible for setting the cap on compensation under the Anti-Discrimination Regulations.
In a new statement made two days later, the department confirmed that in June 2020 it had received a complaint of alleged sexual harassment against a former Supreme Court judge.
The NT Attorney-General's Department has confirmed that in June 2020 it received a complaint of alleged sexual harassment against a former judge. (ABC News: Che Chorley )
The department spokesperson said after a preliminary investigation the department appointed Dr Thom to conduct an independent investigation of the complaint, and when that concluded a formal complaint was lodged with the NT Anti-Discrimination Commission in 2024.
"As this was outside of the statutory 12-month time limit under the Anti-Discrimination Act 1992, the Anti-Discrimination Commission invited all parties to make submissions regarding whether the complaint should be accepted," the spokesperson said.
"By that point in time, the events subject of the complaint had taken place more than a decade earlier.
"The Department made submissions addressing the challenges that can arise when complaints are lodged many years after the alleged events, and opposing an extension of time within which to file a complaint for those reasons.
"It is wrong to suggest that in making submissions on that basis the Department was attempting to conceal the allegations or to obstruct the investigation of the complaint."
The spokesperson said "beyond these points", the department would "continue to respect the confidentiality of the parties involved and the processes of the Anti-Discrimination Commission".