South Australian judges and magistrates have adopted a new policy on sexual harassment and bullying, including an obligation to report sexual relationships with colleagues in their workplace.
The publication of the new Judicial Officer Appropriate Workplace Conduct Policy followed a 2021 report by the Equal Opportunity Commissioner into South Australia's legal profession.
The "deeply disturbing" report revealed widespread sexual and discriminatory harassment.
Some 42 per cent of respondents reported they had experienced sexual or discriminatory harassment at work, one-third of whom experienced it more than once.
Predatory behaviour and unwanted advances were also reported, with 54 respondents experiencing inappropriate invitations to go on a date, and 41 receiving requests or pressure for sex or other intimate acts.
It found a "patriarchal and hierarchical culture", a "lack of cultural diversity" and a "deeply entrenched gender bias" were some of the drivers of harassment.
New policy recognises 'power imbalance'
The new policy, published yesterday, stated that the courts were seeking to "foster a safe and supportive workplace for all" and did not tolerate "inappropriate workplace conduct by judicial officers".
The policy requires judicial officers to "recognise the significance of any power imbalance in a personal relationship in the workplace, including by reason of seniority in position or age".
"Consequently, judicial officers also recognise that sexual relationships (whether casual or ongoing) between a judicial officer and another judicial officer, associate, member of chambers staff or other CAA [Courts Administration Authority] employees, may by reason of this power imbalance, be inappropriate," the policy stated.
"Judicial officers must not engage in inappropriate workplace conduct.
"Judicial officers will report the failures of others whose conduct in the workplace is on their observation inappropriate, in accordance with the procedures promulgated in connection with this policy.
"In the event of a sexual relationship between a judicial officer and another judicial officer, associate, member of chambers staff or other CAA employee, that sexual relationship must be disclosed by the judicial officer to the relevant Head of Jurisdiction … or… to the next most senior Head of Jurisdiction, so as to ensure that any workplace issues arising out of that relationship may be appropriately managed."
The new policy has been signed by the chief of each court jurisdiction, including the Chief Justice of the Supreme Court, Chris Kourakis.
It also defines what kinds of conduct would constitute bullying, discrimination, sexual harassment and victimisation.
In a statement, the Courts Administration Authority said the policy was "an update on previous policies which each court had in place".
"The policies were revised so that there is now one uniform policy applying to all judicial officers which is aligned with the recently finalised revision of the policies applying to the staff of the Courts Administration Authority," the statement said.
Allegations against magistrate
Allegations about workplace conduct within the legal profession has been in the spotlight in recent years, both in South Australia and nationally.
South Australian magistrate Simon Milazzo was last year accused of sexual and other misconduct against five women spanning eight years between 2012 and 2020.
It is alleged that at least some of alleged incidents occurred in the Magistrates Court building.
Magistrate Milazzo has been suspended while the Judicial Conduct Panel conducts an inquiry into the allegations.
No charges have been laid and the probe is not a criminal investigation.
Magistrate Milazzo denies all the allegations.
In February, in a case where allegations of sexual harassment were upheld after an independent investigation, three women who were sexually harassed by former High Court justice Dyson Heydon secured a historic compensation payout.
Meanwhile, a report by the Statutory Authorities Review Committee, published in November 2020, found major concerns around bullying and harassment within the Sheriff's Office.
Chief Justice Kourakis at the time stated the CAA would take steps to establish an independent complaints body to manage employees' concerns.
