Federal government refuses to release Brittany Higgins $2.4m payout advice
The federal government is refusing to release the legal advice which resulted in former Liberal staffer Brittany Higgins receiving a taxpayer-funded payout of $2.4 million. See the redacted documents here.
NSW
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The federal government is refusing to release the legal advice which resulted in former Liberal staffer Brittany Higgins receiving a taxpayer-funded payout of $2.4 million.
A Freedom of Information request by The Daily Telegraph, submitted more than three months ago, has returned pages of blacked out emails from the Attorney-General’s Department.
Seventeen other documents relating to the decision were entirely refused, with the Department arguing “legal professional privilege”, “irrelevant material” and “personal privacy.”
The decision means the expert legal opinions required before compensating Ms Higgins in December 2022, following her allegations of rape by former colleague Bruce Lehrmann, will remain hidden from the public.
According to the Legal Services Directions, any Commonwealth claim of more than $100,000 must involve “written advice from Australian Government Solicitors … that the settlement is in accordance with legal principle and practice.”
The Daily Telegraph made an FOI request on January 8, 2024 requesting the legal advice relating to that decision.
In response, the Attorney-General’s Department released a censored email chain beginning on December 7, 2022, when Ms Higgins was negotiating her settlement.
The written opinions of Junior and Senior Counsels were shared with the Attorney-General’s Department between December 8 and 9.
By law that was necessary to outline the possible legal and financial consequences of Ms Higgins taking the Commonwealth to court and the likelihood of her succeeding in her claim.
Attorney-General Mark Dreyfus signed a final submission relating to the claim on December 12, 2022, a day before Ms Higgins participated in a single-day mediation hearing which resulted in her being awarded more than $2.4 million.
Ms Higgins made a range of allegations surrounding her time working in Parliament House and accused two of her former bosses — Senators Michaelia Cash and Linda Reynolds — of responding inadequately to her complaint.
She has long suggested they failed to support her after she initially made the complaint against Mr Lehrmann in early 2019.
Both Senator Cash and Senator Reynolds were effectively gagged from participating in the mediation.
The Attorney-General’s Department also denied access to other documents relating to Ms Higgins’ compensation claim, including;
– Separate legal advice provided between April and November 2022, totalling more than 200 pages,
– The details of Mark Dreyfus’ final submission; and
– Emails between Mr Dreyfus’ office and the Department of Finance.
The final deed of settlement states “without any admissions of liability, the parties have agreed to resolve all claims by Ms Higgins.”
Senator Michaelia Cash slammed Mr Dreyfus for lacking transparency.
“This Government’s attitude towards transparency is a complete joke and despite what he said before the election Attorney-General Mark Dreyfus is one of the worst offenders,” she said.
“The Albanese Government was supposedly going to usher in a new era of transparency.
“That promise, like so many others, now lies in tatters.
“Tax payers have a right to know the reasons why millions of dollars of their money was paid out and Mr Dreyfus should come clean.”
Mark Dreyfus has been approached for comment.
Meanwhile a defamation case involving Linda Reynolds against Ms Higgins and her partner David Sharaz will return to the WA Supreme Court on Wednesday afternoon, after mediation failed. Senator Reynolds is suing the pair for a series of social media posts.
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