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High Court publishes policy on workplace conduct for justices
The seven justices of the High Court of Australia have unveiled a new workplace policy, including a prohibition on inappropriate conduct from the bench and a prescription for annual training on workplace practices.
Jerome Doraisamy
Australia’s highest court has launched its Justices’ Policy on Workplace Conduct, which purports to ensure that the HCA is a safe and respectful workplace for all persons who are officers, employees, contractors and service providers by defining “clear standards” of appropriate conduct by the Chief Justice and six justices.
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No Justice, the policy outlined, is to engage in inappropriate conduct, including bullying – defined as “belittling, insulting, victimising, aggressive or intimidating conduct [and] may include abusive or offensive language or comments, unjustified criticism or complaints, setting unreasonable or constantly changing timelines, or deliberate exclusion from work-related activities”.
Harassment (including sexual harassment) and discrimination, as defined by relevant legislation, is also prohibited for the seven justices under the new policy, as is retaliation, defined as “subjecting a person to a detriment or treating that person unfairly or unequally on the ground that the person has or is suspected of having raised a concern or made a complaint about inappropriate conduct by a Justice”.
Moreover, justices are not to require any person to share private transport with them.
Elsewhere, the policy prescribes that the justices will, together, undertake externally facilitated training on appropriate workplace practices on an annual basis.
Finally, any person is to be able to raise concerns or make complaints about inappropriate conduct, or suspected inappropriate conduct, by any of the justices.
It is, the policy stated, “not only desirable but important that any such inappropriate conduct be reported”.
Such prospective complaints are to be “taken seriously and treated with respect and courtesy”, and those who make complaints are to be “offered an opportunity to remove themselves from ongoing contact with the Justice about whose conduct the concern has been raised or complaint has been made”.
If complainants wish for matters to be resolved informally, informal procedures focused on resolution will be undertaken; however, in other instances, formal investigations can and will be conducted by independent external advisers, appointed by the chief executive and principal registrar.
In such circumstances, the policy noted, the federal Attorney-General will be notified of the appointment of an external adviser and the outcome of the complaint.
At least once a year, a committee of justices, the chief executive and principal registrar will review the policy to ensure that it “reflects current best practice”.
The full policy is available on the High Court of Australia’s website.
