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🇦🇺 Australia /Crime & Justice

Court Clears Way for Sexual Harassment Complaint Against Ex-NT Judge

From ABC Australia · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources In the courts
  • Australia's Federal Court allowed a sexual harassment complaint against a former Northern Territory judge to proceed.
  • The court rejected the former judge's argument that the complaint was filed too late, overturning a time limit appeal.
  • The complaint, alleging inappropriate comments and suggestions over a decade ago, will now return to the NT Anti-Discrimination Commission for mediation.

The Federal Court of Australia has paved the way for a sexual harassment complaint against a former Northern Territory Supreme Court judge to move forward. The court decisively rejected the ex-judge's attempt to have the case dismissed on grounds of excessive delay, ruling that the complaint can proceed despite the time elapsed since the alleged conduct.

I have concluded that none of RST's grounds of review are made out.

— Federal Court Justice Mark MoshinskyStating the court's decision to reject the former judge's appeal.

The allegations stem from a former court associate who claims that over a decade ago, the judge made inappropriate comments about her appearance. Specific accusations include asking if she "liked having massages" and suggesting they share a bed to save money. While the NT Anti-Discrimination Commission had initially agreed to hear the complaint, the former judge, identified in court documents as RST, appealed this decision.

RST argued that the commission had not adhered strictly enough to a 12-month time limit for lodging complaints. However, Federal Court Justice Mark Moshinsky sided with the commission, comprehensively dismissing the ex-judge's arguments. Justice Moshinsky concluded that "none of RST's grounds of review are made out" and indicated a provisional view that the former judge should bear the complainant's legal costs.

Prior to the High Court's apology, it was reasonable for the complainant to conclude that there was no realistic way to hold a judge accountable for sexual harassment.

— Delegate for the Anti Discrimination CommissionExplaining why the complaint was accepted outside the usual time limit, referencing a previous apology regarding similar allegations.

The case will now return to the NT Anti-Discrimination Commission for mediation. If a settlement cannot be reached, the complaint may proceed to the NT Civil and Administrative Tribunal. Although the commission typically adheres to the 12-month limit, delegates possess discretion to hear older matters if deemed appropriate. In this instance, a delegate accepted the complaint "out of time," citing the complaint's history, the seriousness of the allegations, and the critical importance of ensuring judges are not perceived as being "above the law."

the seriousness of the allegations, and the importance of judges not being seen as 'above the law'.

— Delegate for the Anti Discrimination CommissionListing factors that led to accepting the complaint out of time.
DistantNews Editorial

Originally published by ABC Australia in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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