Sex Discrimination Commissioner will review federal parliamentary workplaces in wake of Porter, Higgins allegations

Scott Morrison said he would “welcome” a coronial inquest as the Sex Discrimination Commissioner will review federal parliamentary workplaces.

Prime Minister Scott Morrison said he would “welcome” a coronial inquest by the South Australian Coroner into the death of the woman who accused Attorney-General Christian Porter of raping her in 1988.

He said it would be “highly inappropriate” for any politician to interfere with an independent inquiry.

“The coronial inquiry would be into the rather terrible events with the death by suicide of the woman at the centre of this,” he said.

“If the coroner sought that, then I have no doubt that the Attorney-General would cooperate with any coronial process.”

It comes as Sex Discrimination Commissioner Kate Jenkins will lead an independent review into federal parliamentary workplaces.

Finance Minister Simon Birmingham released the terms of reference for the review on Friday, coming in the wake of revelations about the alleged rape of ex-Liberal staffer Brittany Higgins in a minister’s office in 2019 and historical rape allegations against Attorney-General Christian Porter.

Mr Birmingham said the past few weeks have been “deeply distressing and confronting”.

“They’ve been especially distressing and confronting for victims of harassment, bullying and sexual abuse around Australia … particularly in parliamentary workplaces.”

Ms Jenkins will provide her first update of the review in July this year, before releasing her full findings in November.

“Our desire is that this is a long enough time for it to be a thorough and comprehensive piece of work, but also to get a response back this year (so) we can then act on the recommendations,” Mr Birmingham said.

He said it would not be an investigative review and that the terms of reference were designed after extensive consultation, including with former staff “who have been in the media in recent days and weeks”.

“This review is about achieving systemic change.”

Reviewing the “legislative, cultural, structural and other barriers” to reporting incidents in parliamentary workplaces form part of the terms of reference, as well as the current response and reporting mechanisms currently in place.

Minister Simon Birmingham. Picture: Russell Millard

Kate Jenkins, Australia's Sex Discrimination Commissioner. Picture: NCA NewsWire / Gary Ramage

Mr Birmingham said the parliament of Australia “should set the standard for the nation”.

Ms Jenkins called on former parliamentary and ministerial staff to share their experiences with the review.

“Your contributions will build a safer, more respectful workplace for everyone,” she said.

The Human Rights Commission will provide Ms Jenkins with additional resources to conduct the review.

Mr Birmingham, meanwhile, responded to questions about why Defence Minister Linda Reynolds had not resigned for calling her former staffer Ms Higgins a “lying cow”.

“Minister Reynolds I understand has made it very clear that she’s sorry for the statements that were reportedly made,” he said.

“It’s for Linda to resolve that apology to the satisfaction of Ms Higgins.”

Ms Higgins recently came forward with allegations she was raped by a colleague in Ms Reynolds’s office in 2019.

Mr Birmingham also spoke out in support of Mr Porter.

“It’s an unfortunate part of public life that allegations, speculation can linger in that regard.

“But I think Australians are fair minded and they do expect that all individuals should have the right to the presumption of innocence.”

PORTER’S NEW CLAIM

Attorney-General Christian Porter now says it is possible that he had further contact with his accuser after initially saying he had never met his accuser again after a debating contest in Sydney in 1988.

On Wednesday when Mr Porter revealed he was the MP at the centre of rape allegations which he strenuously denies, he said: “I remember the person as an intelligent, bright, happy person, but I hadn’t had any contact from that person, at all, to the best of my recollection, in the 33 years since that time in January 1988.”

But the woman’s unsworn affidavit claims they had dinner in Perth in 1994.

In a statement to news.com.au published tonight, Mr Porter’s office now says it was possible he had contact with the woman after that.

To see the statement go to news.com.au

Attorney-General Christian Porter has strenuously denied rape allegations. Picture: AFP

Mr Porter is on leave for his mental health after identifying himself as the cabinet minister at the centre of the rape allegation on Wednesday.

NSW Police said its investigation into the matter had been closed due to insufficient admissible evidence, and Prime Minister Scott Morrison said there was no precedent or process for investigating the matter.

It comes as NSW Police have said that the woman who alleged she was raped by Attorney-General Christian Porter more than 30 years ago had not wanted to proceed with a sexual assault claim because of medical and personal reasons.

The new information comes as the woman’s parents said they would support “any inquiry” into the circumstances leading to their daughter’s death.

According to a detailed police statement released on Thursday, the woman advised police on 27 February 2020 that she had health issues and suffered from a dissociative disorder.

NSW Police investigators were in contact with her over five months before she dropped the claim.

According to the police statement, the alleged victim told detectives she didn’t want to proceed with a sexual assault complaint a day before she committed suicide on June 24.

Since the alleged victim had not provided a formal statement before she died, police could not approach Mr Porter for questioning.

The woman, who claimed that she was raped by Christian Porter when he was 17 and she was 16 at a school debating tournament in Sydney in 1988, withdrew a complaint to NSW Police in June 2020, and died the following day in South Australia.

Mr Porter has strenuously denied the allegations, saying the events described by the woman “didn’t happen” and there is no suggestion he had any involvement in the woman’s death.

The South Australian coroner has left open the possibility of an inquiry into the woman’s death, and a number of Labor and media figures have called for an independent inquiry to be called by the prime minister.

PM REJECTS CALLS FOR INQUIRY

Prime Minister Scott Morrison has addressed the allegations against Mr Porter and rejected calls for inquiries outside the police process saying it would undermine the rule of law and the presumption of innocence.

“As traumatic as these events are, that principle must continue to guide us, and will certainly continue to guide me and my government as we deal with these very sensitive issues,” he said on Thursday.

Scott Morrison said inquiries outside the police process would undermine the rule of law and the presumption of innocence. Picture: NCA NewsWire / Peter Lorimer

“The police are competent to deal with these issues. They have reviewed the materials, and they’ve formed their assessment. There is not some other process. There is not the mob process. There is not the tribe-has-spoken process. That’s not how we run the rule of law in Australia.”

The prime minister continued: “We run the rule of law based on police. On courts. On judicial systems. On rules of evidence. On presumption of innocence. That’s how liberal democracies function.

“If you don’t go too far from here, you will find countries where the rule of law does not apply. And you will be aware of the terrible things that can happen in a country where the rule of law is not upheld and is not supported, in whatever the circumstances.

“We must reflect on that principle, because it is that principle that underguards our democracy itself. The presumption of innocence.”

If you or someone you know is experiencing sexual abuse contact 1800 RESPECT on 1800 737 732. Those with personal issues are urged to contact Lifeline on 13 11 14.