Phil Gaetjens probe into Brittany Higgins allegation suspended

An independent investigation into the Brittany Higgins rape allegation has been suspended over fears it could compromise a criminal probe.

An independent probe into which members of the Prime Minister’s office knew about the Brittany Higgins rape allegation was suspended this month, the nation’s top public servant has revealed

The federal opposition has been grilling the government over the findings of an inquiry run by Department of Prime Minister and Cabinet secretary Phil Gaetjens.

It investigated the government’s response to Ms Higgins’s claim she was raped in Parliament House in 2019. The claim is also the subject of an Australian Federal Police (AFP) investigation.

In a Senate estimates hearing on Monday, Mr Gaetjens said he was advised by AFP Commissioner Reece Kershaw on March 9 to hold off finalising records of interviews with staff.

“I was strongly advised … to make sure that there was no intersection with the criminal investigation, and as a result, I have decided to pause the inquiry,” Mr Gaetjens said.

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Former Liberal staffer Brittany Higgins alleges she was raped in Parliament House in 2019. Picture: NCA NewsWire/Gary Ramage

A probe launched by Phil Gaetjens into the allegation has been suspended. Picture: NCA NewsWire/Gary RamageNCA NewsWire /Picture Gary Ramage

“As a result I have put on hold the process of finalising documentation of my inquiries and the preparation of a report to the Prime Minister.

“Both the commissioner and I are concerned that we do nothing that could prejudice the outcome of the police investigation.”

Mr Gaetjens said he told Mr Morrison on March 9 when staff in the Prime Minister‘s office also became aware.

But last week Mr Morrison told the parliament that Mr Gaetjens had “not provided me with a further update about when I might expect that report”.

Finance Minister Simon Birmingham told the committee that all other inquiries, such as Stephanie Foster’s work into support services for issues of bullying, sexual harassment or sexual assault, were still ongoing.

“The work of Mr Gaetjens is the only one that has been paused,” Senator Birmingham said.

“It is also the only one that has a backwards-looking element.”

Australian Federal Police Commissioner Reece Kershaw says he is concerned the Gaetjens probe might hamper a criminal investigation. Picture: NCA NewsWire/Gary Ramage

Mr Kershaw said on Monday he “supported” the decision to hold off on the inquiry to avoid the risk of prejudicing the criminal probe.

“I can confirm I informed Mr Gaetjens on 9 March it was strongly advisable to hold off finalising the records of interviews with staff until the AFP could clarify whether the criminal investigation into Ms Higgins’ sexual assault allegations may traverse any issues covered by the administrative process he was undertaking,” he said in a statement.

“When the AFP has clarity about whether there is no intersection between Mr Gaetjens’ administrative inquiry and the criminal investigation I will contact Mr Gaetjens so he can move to completion of his inquiry.”

It came after Mr Kershaw faced a grilling of his own on Monday, when he insisted he had not asked Mr Gaetjens to alter, slow or pause that inquiry.

“While I have the terms of reference, we’re not embedded in that inquiry nor would we want to be,” he said.

“That’s a decision he may wish to take but based on the conversations I’ve had in terms of any intersect with our criminal investigation,” he said.

But he conceded he was concerned the PM&C probe could hamper the AFP’s investigation.

“I’m particularly concerned about the intersection of his inquiry with our investigation,” he said.

“It’s not helpful at all and it’s also quite a risky undertaking. For example, even matters reported in the media can affect a fair outcome.”

Scott Morrison ordered the probe after Ms Higgins aired her allegation. Picture: NCA NewsWire / Nicole Cleary

The government was also forced to deny attempting “a cover-up” over the Higgins allegation during an ill-tempered beginning to Senate estimates.

Labor spent the first morning of Senate estimates grilling the government over its handling of Ms Higgins’s alleged rape.

The opposition was outraged when Liberal senator Sarah Henderson attempted to wrap Labor home affairs spokeswoman Kristina Keneally up as she questioned Mr Kershaw over the allegation.

A chunk of Ms Keneally’s time was swallowed up by procedural issues, which she accused Ms Henderson of hiding behind to prevent Labor from pursuing the Higgins matter.

“You know it looks like you are seeking to shut down questions from opposition senators,” she said.

“Not at all, senator. I’m just asking you to respect the fact that we are sharing the call and all senators are meant to ask questions,” Senator Henderson said.

Senator Keneally responded that explanation was “a bit rich” given Senator Henderson was attempting to limit the number of questions Labor could ask.

Committee deputy chair and Labor senator Kim Carr exploded at Senator Henderson’s intervention, saying estimates were designed to give the opposition time to explore its own questions.

“This is your first meeting (as chair). If you want to blow up the committee keep going the way you are!” Senator Carr said.

Kristina Keneally says the government tried to ‘shut down’ questions over Brittany Higgins. Picture: NCA NewsWire/Jeremy Piper

Meanwhile, in the finance and public administration hearing, Senate president Scott Ryan took questions related to Ms Higgins’s rape allegations on notice, saying he did not want to complicate a “serious police investigation”.

The Department of Parliamentary Services (DPS) has been assisting the federal police with the “information gathering” but would not provide a timeline of its response to the alleged incident.

Secretary Rob Stefanic said less than a dozen people within the department knew the details of what happened on the night of March 23, including a few parliamentary officers who had seen the CCTV.

Mr Stefanic refused to answer several questions, including about entry to the building, given the ongoing police investigation.

The move prompted Senator Ryan to step in, saying they would claim public interest immunity if advice did not allow them to answer.

“It is very frustrating that … you weren’t in a position to come prepared with what you were able to say because it looks like a cover-up, Mr President,” Labor senator Katy Gallagher said.

“There is public interest in this and the blanket refusal to answer does not look great.”

Earlier, Labor senator Kimberley Kitching asked Senator Ryan if he had spoken to the speaker, Ms Higgins’s then-boss senator Linda Reynolds or her office, the Prime Minister or his office, the AFP or the clerk.

“I’ll take advice,” he said.

“A number of these matters I could easily answer off top of my head.

“If they don’t complicate anything I can answer very, very quickly.”

Senator Scott Ryan was grilled on his response to the Higgins allegation. Picture: Sam Mooy / Getty Images

Senator Ryan was also asked if he wished the investigation had been treated as seriously two years ago as it was being treated now.

He said he was “not at liberty” to provide his personal observations on revelations aired publicly in the past month.

“At all times, I think that the speaker and myself had handled it appropriately,” Senator Ryan said.

Senator Ryan said he did not expect to see a copy of Mr Gaetjens’ investigation, adding he was not a member of the executive.

The committee was told presiding officers gave verbal permission for the AFP to access the CCTV footage on April 8, 2019.

Senator Ryan said he and speaker Tony Smith had reflected on the procedures around signing people into parliament.

However, he said senators and members were entitled to set the conditions of access to their own office.