Report creates a roadmap to eliminate sexual harassment in Victorian courts and tribunals
Released today, Dr Helen Szoke AO’s report Preventing and Addressing Sexual Harassment in Victorian Courts and VCAT highlights the experiences of victim-survivors of sexual harassment in Victoria’s courts and the Victorian Civil and Administrative Tribunal (VCAT) and makes 20 important recommendations for change.
19 April 2021
“Victoria’s courts and VCAT are a keystone of our justice system, so it’s critical that they model safe, inclusive workplace cultures where every individual is treated with respect,” says Victorian Equal Opportunity and Human Rights Commissioner Kristen Hilton. “We welcome Dr Szoke’s 20 much-needed recommendations and urge the Victorian Government, Court Services Victoria, judicial officers and other duty holders to commit to implementing them in full.”
The report concludes an independent review initiated by the Victorian Government and the Chief Justice of the Supreme Court of Victoria. The Victorian Equal Opportunity and Human Rights Commission acted as research partner for the review, gathering stories from individuals who have experienced or witnessed sexual harassment in a court environment.
The report found that sexual harassment was prevalent in the legal system – but that there were significant barriers that prevented victim-survivors from reporting their experiences.
“This report pinpoints the heavy burden borne by individual complainants – under our current system, it is victim-survivors who must speak up about unacceptable and harmful behaviour, often in the face of skewed and anachronistic power dynamics that allow sexual harassment, bullying and impunity to persist,” says Commissioner Hilton.
When victim-survivors did make formal complaints about sexual harassment, the report found that responses rarely addressed the cause of the issue and failed to ensure that the harassment would not occur again.
To address these issues, Dr Szoke’s report recommends that Court Services Victoria develop and implement a sexual harassment policy that meets all six minimum standards listed in the Commission’s Guideline: Preventing and responding to workplace sexual harassment.
“Under the Equal Opportunity Act, Victorian employers have a positive duty to not just respond to sexual harassment, but also to prevent it from occurring in the first place,” says Commissioner Hilton. “The minimum standards in our Guideline support employers – including public institutions like Victoria’s court and VCAT – to meet their positive duty and ensure employees can come to work knowing they will be protected from sexual harassment.”
To help address systemic issues of sexual harassment, discrimination and victimisation, the report also recommends that the Victorian Government amend the Equal Opportunity Act to make the positive duty enforceable, as well as clarifying the scope of the Act and how it applies to judicial officers and members of VCAT.
“This report reinforces the inadequacy of our current legal system for addressing the systemic causes of sexual harassment,” says Commissioner Hilton. “Making the positive duty enforceable is a critical measure in shifting this burden away from individuals and making employers accountable for what happens within their workplaces,” says Commissioner Hilton.
“I commend the Attorney-General and Chief Justice for initiating this important piece of work and have every confidence that the review’s recommendations will play an important role in creating safer working environments within Victoria’s court system,” says Commissioner Hilton.
If you have experienced sexual harassment within a Victorian court, tribunal or other organisation, contact our Enquiry Line on 1300 292 153. We can help you understand your rights and how to make a complaint if you choose to. It’s free and confidential.
You can also find out more about your rights through our interactive Sexual harassment support and response tool. It’s a confidential chatbot with separate pathways for victim-survivors, witnesses and managers. It can help you understand the law around sexual harassment and your options for responding to it.
Read the report Preventing and Addressing Sexual Harassment in Victorian Courts and VCAT
Download the Guideline: Preventing and responding to workplace sexual harassment
Download the Quick Guide: Preventing and responding to workplace sexual harassment
Access the Sexual Harassment Support and Response Tool
Media contact
Victorian Equal Opportunity and Human Rights Commission
Phone: 1300 292 153
Email: enquiries@veohrc.vic.gov.au
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