But this story is detailed in a leaked complaint about Judge Hinchey filed with Victoria’s Judicial Commission, along with a raft of other allegations ranging from bullying to making staff do her dishes to internal staff and management dysfunction and misallocation of resources.
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Among the complaints are that Judge Hinchey directed two female staff to perform a “caterpillar” and “slut” dances for an ostensibly light-hearted end-of-year video, a request that allegedly made them feel uncomfortable.
And past and present court staff have privately told The Age that Judge Hinchey asked staff to wash her dishes or run errands on her behalf that were not related to work.
The Age has previously reported that the court spent $19,000 on alcohol and food at a welcome party for a new coroner in 2017. Dozens of bottles of unopened wine were left over and stored at the court for later use.
Emails between senior Coroners Court and justice department officials reveal that Judge Hinchey’s $12,000 overseas data bill blow-out was unintentional, and that Judge Hinchey had directed her executive assistant to find the biggest data roaming package before she headed to the UK and France.
There is no suggestion Judge Hinchey was using the data for anything other than work purposes, which included looking over building plans for works at the court.
Among the complaints are that Judge Hinchey directed two female staff members to perform a “caterpillar” and “slut” dances for a video.
The complaint gives a rare insight into one of Victoria’s most important judicial institutions. It also hints at the workplace tensions that can arise within courts, which are headed by tenured judges who often face intense workload commitments and chronic underfunding.
Former High Court judge Michael Kirby has warned this stress can lead to bullying, which he and other legal sector leaders believe is rife throughout the judiciary and legal system.
Earlier this month, The Age reported that the judicial commission complaint, which is signed by two senior public servants who worked at the Coroners Court and who claim to be relying on concerns raised by several staff, claims that dysfunction and poor management at the court risks undermining its mission to improve public safety by investigating Victorian deaths.
The complaint regarding Judge Hinchey represents unchartered territory in Victoria. The judicial commission was only established in 2016, and this is its biggest test so far.
Supporters of the judge say the leaking of the complaint shows she is the victim of a public smear campaign. But her critics counter that an airing of the serious allegations is the only way to have them dealt with.
Judge Hinchey has declined to discuss the complaint but has told supporters she is confident of defeating the allegations and returning to head the Coroners Court. Some Coroners Court insiders have told The Age that Judge Hinchey inherited a toxic workplace and made herself some powerful enemies when she tried to introduce changes.
In a statement to The Age, judicial commission director Richard Besley said he was unable to indicate how long any investigation of the complaint could take as Judge Hinchey had yet to lodge her response.
Judge Hinchey took the unprecedented step earlier this month of stepping aside as state coroner while the complaint about her alleged conduct remains before the judicial commission.
Judge Hinchey has returned to the County Court, where she briefly served as a judge before her appointment as state coroner in December 2015. She is presently on leave but will preside over cases at the County Court when she returns.
If the judicial commission decides further investigation is warranted after it receives Judge Hinchey’s response to the complaint, the matter could be referred to the chief judge of the County Court, Peter Kidd, for action.
An investigative panel consisting of two former judicial officers and noted community member could also be formed to conduct an inquiry.
Mr Besley said the possible outcomes for Judge Hinchey ranged from dismissal of the complaint, recommendations on future conduct from Judge Kidd or a report from the investigative panel to the Governor recommending disciplinary action.
Richard Baker is one of Australia's most experienced and decorated investigative journalists, with 12 years in The Age newspaper's investigative unit. He has many times been the recipient of Australia's major journalism awards, including multiple Walkleys, the Melbourne Press Club's gold quill and more than a dozen other quills, a Kennedy award and the George Munster prize for independent journalism. Together with colleague Nick McKenzie, Richard has broken major international and national corruption scandals. He also writes regularly on politics, business, crime, sports affairs, defence and intelligence and social affairs. In 2016, he created and co-hosted the awarding winning six part podcast series, Phoebe's Fall.
Nick McKenzie is a leading investigative journalist. He's won Australia's top journalism award, the Walkley, seven times and covers politics, business, foreign affairs and defence, human rights issues, the criminal justice system and social affairs.
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