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Top legal women call on AG to create a safer profession

More than 500 female legal professionals have written to the Attorney-General asking that he “seize the moment” created by the Dyson Heydon revelations.

user iconNaomi Neilson 06 July 2020 Big Law
High Court of Australia
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Following the Dyson Heydon sexual harassment revelations, over 500 women working in the legal profession have written to Attorney-General Christian Porter requesting he implement urgent judicial institutional reforms to create a safer future for law.

The letter, spearheaded by UNSW Law professor Gabrielle Appleby, has called for the government to “seize the moment” created by Mr Heydon by establishing a complaints body that operates independently of the judiciary and government and to introduce an entirely transparent and diverse appointments process for judges.

“We believe that the abuse that the allegations raise provides an important opportunity to implement wider reforms to address high incidences of sexual harassment, assault and misconduct in the legal profession,” the letter read.

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“Deep cultural shifts in how men treat women in the law are required as well as reforms to prevent manifestations of what many fears may be institutionalised sexism that has allowed this culture to continue. We must reach a position where all people, regardless of their sex, sexual orientation, gender identity, intersex status, age, race, ethnicity, or disability are treated with equal professional dignity.”

The independent complaints body the group requested would ensure there is a future faction to which court employees, members of the profession, the judiciary and public can turn to. This would also provide avenues for complainants to seek redress without fears of privacy violations while also guaranteeing protection against recrimination.

The potential redress would include referrals to parliament for a possible removal from the bench; a referral to prosecutors in relation to possible criminal conduct; as well as immediate forms of redress, including public reprimand, orders for compensation and recommendations for pastoral care and advice, depending on the circumstances.

“While there are concerns that such responses might undermine public confidence in the judiciary, we believe that the revelation of misconduct without a mechanism for the appropriate redress also poses a high risk of damage,” the group insisted.

The request to create systematic reforms to the process of judicial appointments would increase transparency and promote the independence, quality and diversity of judges and the judiciary. The group said the reforms must be targeted to select candidates in bringing “not just excellent legal skills to the office, but also highest personal integrity” and to contribute to a greater diversity in the senior ranks of the profession.

“We hope government will seize the opportunity that these shocking revelations have provided to implement these, and other, reforms that will contribute to making the law a safer profession for women into the future,” the letter finished.

Profession applauds Chief Justice on decisive action

In a separate letter addressed to the Hon. Chief Justice Susan Kiefel AC, the 500 legal professionals offered their thanks for the decisive action taken by the High Court when ensuring the complaints were thoroughly investigated by an independent process.

“We are grateful you took this matter so seriously and treated the complainants with dignity, compassion and respect,” the group said. “We welcome your response to the inquiry’s recommendations as to how to provide better protections to associates during their time employed at the court, recognising particularly vulnerable positions.”

In referring to the letter to the AG, the group said they are very conscious that reforms must be developed with close co-operation between the government — and through the AG’s portfolio specifically — and the judiciary, particularly when it comes to the creation of an independent complaints-handling body to receive and investigate complaints.

“It must meet expectations of accountability for judicial misconduct while protecting the judges from unfounded allegations and not compromising a judicial independence by placing the judiciary in a subordinate position to any branch of government,” they said.

With those considerations in mind, the group requested CJ Kiefel work closely with the AG as well as with the Council of the Chief Justices of Australia and New Zealand.

“We applaud your initial response to this issue. The changes you and [court CEO and principal registrar Philippa Lynch] have made will form a significant legacy and make the law a safer profession for the women,” the women wrote.

NSW AG seeks advice on QC title

This letter comes as NSW Attorney-General Mark Speakman seeks advice on whether Mr Heydon’s Queen’s Counsel title should be revoked. He has sought the advice from the NSW Bar Association in light of public calls into the matter.

“The allegations against Mr Heydon are appalling,” Mr Speakman said, adding that he understands Mr Heydon has not renewed his practising certificate and so is forbidden from practising as a lawyer, regardless of the initials after his name.

“That said, I understand community concerns about the issue and have requested the Department of Communities and Justice provide me with advice on this matter.”

It comes as the NSW Supreme Court releases a new policy governing inappropriate workplace conduct in the wake of the allegations.

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