BY ESTHER LINDER

Where do you go for help when being a victim could end your career?
For a law student like Riley*, it’s not entirely simple.
“We know it happens all the time, we know it’s so pervasive,” she said with a tinge of tired frustration.

“Who’s more important to them, saving their reputation and keeping their partner, or some little clerk?”

It’s a minefield that most young women entering the legal profession today have to consider.
A year ago an internal investigation by the High Court found former Justice Dyson Heydon had sexually harassed six of his former associates.
Since then, there has not been any substantial sector-wide reforms to protect young women from deeply entrenched power imbalances, which commonly leave them silenced in the case of sexual harassment at work.

It is clear from speaking to several young women at the beginning of their legal careers that the revelations of Heydon’s misconduct have not changed their day-to-day experiences.
Matilda* works as an associate (the term for a legal and personal assistant to a judge or judicial registrar), and describes the culture of the legal industry as conservative and hierarchical.
“There are a lot of women coming in through the bottom, but if you go to the top of the hierarchy, it remains very male-dominated... [It] very much encourages not showing weakness, and it encourages abiding by norms,” she said.
Both Riley and Matilda are visibly conflicted when asked about reporting potential misconduct. They describe an industry with an excess of graduates and a slim number of jobs, where any incident that threatens a firm’s reputation can be seen as a reason to be replaced - even if you are the victim. Clerkships (legal internships) are a key way into working for a firm, but they tend to reinforce the perception of one’s entire career being on the line.
“You’re told to get to these mid-tier or top-tier firms that set you up for your career,” Riley said.
But she said in the case of harassment, “firms just don’t want to hear about it because it causes such a huge headache for them".
“You're just constantly thinking, how will this impact my career?”
Matilda’s description of the broader legal industry runs along the same fragile lines.
“I don't ... get this strong feeling that there's like a legal industry-wide policy understanding of gender equality. More, is your boss good with that stuff, or is your boss not good with that stuff?” she said.
“There's not necessarily a lot you can do about it.”

Following the findings of the internal High Court investigation into Justice Heydon, Chief Justice Kiefel published a rare statement which said that the court was “moved to do all we can to make sure the experiences of these women will not be repeated”.
The statement lists six reforms including a supplementary HR policy that clarifies the particulars of associates’ employment contracts.
However, the policy is not public and there is no mention of the findings of the investigation on the High Court website. And despite the findings, Justice Heydon has not been party to any criminal proceedings for his conduct.
The High Court declined to comment publicly on the issue.
And this is just one workplace.
Australian Services Union (ASU) organiser Mike Williams said the legal industry had a lot of catching up to do on the issue.
“There’s only recently been an acknowledgement of how bad things are,” he said.

The union provides advice, assistance and representation for legal sector employees in workplace matters.
Most allegations of sexual harassment are settled out of court, with organisations at pains to keep things quiet and offenders reprimanded in private.
And for judges such as Dyson Heydon, they do not come under the Australian Public Service’s codes of conduct. Judges are appointed by the relevant state or federal Attorney-General in an often unclear process, which defines them as appointees rather than employees.
This has meant the need for judges to maintain judicial independence from other bodies of government has come at the cost of effectively regulating their conduct.

“You can complain about a judge or member’s behaviour ... [But] they can’t be removed,” Matilda said.
“I don’t actually know how it works.”

Victoria has an independent Judicial Commission that hears complaints about judicial officers, but its jurisdiction is limited to state appointees, not federal. Only two other states, South Australia and New South Wales, have similar structures.
The Commission’s jurisdiction also does not extend to retired members, as in the case of Justice Heydon.
There is always a loophole.
A letter co-signed by 500 women working in the industry, published in July 2020, called for two key reform mechanisms to address the fault lines in the legal system: an
independent complaints tribunal and an independent appointment system for members and judges.
Riley said this would be a start.
“I think there needs to be a really broad shift... It shouldn't become women's responsibility to address this problem. This is a problem that men created,” she said.
The letter, sent to former Attorney-General Christian Porter, has not been acted upon.
For both Matilda and Riley, walking the tightrope of furthering their careers while having to manage the behaviour of their superiors will continue.
It’s an act most women know far too well.
For legal workers experiencing bullying or discrimination in the workplace, the Australian Services Union can provide confidential advice and assistance. The Melbourne office can be contacted at (03) 9342 1400 or online http://www.asu.asn.au/.

*Names have been changed.