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Our ref: MDH:GKR:20121092 Please reply to: Sydney office

17 May 2012 Director, Complaint Handling Australian Human Rights Commission GPO Box 5218 Sydney NSW 2001 By email: newcomplaints@humanrights.gov.au

Dear Director JAMES ASHBY v COMMONWEALTH OF AUSTRALIA & ANOR As you are already aware, we act for James Ashby and refer to the Federal Court matter of James Hunter Ashby v Commonwealth of Australia & Anor (Federal Court File Number NSD580/2012). We reiterate that our client has, amongst other things, made allegations that the Speaker of the House of Representatives, Peter Slipper, sexually harassed him in contravention of the antidiscrimination provisions of the Fair Work Act 2009 (Cth) (see section 351). Our client advances his allegations against the Commonwealth as his ultimate employer. The allegations made by our client relate to conduct which is unlawful discrimination under the Sex Discrimination Act 1984 (Cth). In direct response to our client making such allegations, our client has been subject to repeated public attacks on his reputation, integrity and credibility by senior politicians. Such attacks are victimising conduct pursuant to section 94 of the Sex Discrimination Act 1984 (Cth). By way of example: 1 On 5 May 2012, the Minister for Foreign Affairs, Mr.Bob Carr, published a tweet on his official Foreign Affairs Twitter account stating, This Ashby seems more rehearsed than a kabuki actor (copy attached). We note that at the time of Mr Carrs tweet, Mr Carr had some 12,000 followers on Twitter (see attached); and

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2 2 On 6 May 2012, Senator Barnaby Joyce, told the media, ''If you are going to play marriage guidance counsellor, you've got to hear both sides of the story.'' Senator Joyce also said that our client ''seems only slightly less dodgy than Slipper'' (copy attached).

Subsequent to the above: On 6 May 2012, Mr Carrs tweet was republished in full in an article by Sam Maiden to approximately 5 million readers of the News Limited Sunday newpapers (copy of the Sunday Telegraph version of that article attached); and On 9 May 2012, Mr Carr appeared on the ABCs Lateline television show, where Mr Carr had the opportunity to withdraw his victimising remarks, but declined to do so (copy of transcript attached). Accordingly, Mr Carrs victimising was further broadcast to a large number of people through that show and the ABC viewer profile.

Mr Carr is the Minister for Foreign Affairs and accordingly is a very senior member of the Cabinet and Federal Government. Similarly, Senator Joyce is a senior member of the Shadow Opposition Cabinet. Given the above, we are instructed to lodge a formal complaint of victimisation against Mr Carr and Senator Joyce. We attach in support a statutory declaration sworn by our client. This is an important public policy issue. It takes considerable courage for anyone to complain about sexual harassment by a person holding superior office in the workplace. Public comment attacking complainants of sexual harassment will only serve to discourage other people from coming forward. This in turn will result in genuine complaints being suppressed, while conduct contrary to the human rights legislation will proliferate. Australian politicians have a responsibility to promote the successful operation of legislation designed to curtail sexual harassment not to actively undermine it. Mr Carr and Senator Joyce should leave it to the Court to pass judgement on our clients claims against Mr Slipper and the Commonwealth. Mr Carr and Senator Joyce should not use their high office to demean our client for their political ends or otherwise. Our client considers that he has a number of other causes of action in respect of the conduct of Mr Carr and Senator Joyce. Our client reserves all of his rights in relation to those causes of action while progressing this complaint to the Commission. Please do not hesitate to contact Michael Harmer or Brad Buffoni to further discuss this matter. Yours faithfully HARMERS WORKPLACE LAWYERS

Michael Harmer

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