Labor’s Penny Wong blasts government on Brittany ‘cover up’

Labor’s Penny Wong has blasted the government over its probe into who knew what and when about the Brittany Higgins rape case.

Labor’s Penny Wong has accused the government of a “cover-up” over its probe into who in the Prime Minister’s office knew what and when about the Brittany Higgins rape case.

Senate estimates was told on Tuesday an inquiry under way into what staff in Scott Morrison’s office knew about the case may not be made public, with the decision up to the prime minister.

The head of the Prime Minister’s department, Phil Gaetjens, would not reveal how many interviews with prime ministerial staff he was undertaking as part of the inquiry, citing potential privacy reasons.

Mr Gaetjens also took a question by Labor senator Penny Wong on notice about whether any members of the Prime Minister’s staff had “lawyered up” using public funds.

“I want to get further clarification about what I can say,” he replied.

Ms Wong and fellow Labor Senator Katy Gallagher attacked the slow progress of the inquiry, accusing the government of a lack of transparency.

“Does it really take the Prime Minister 100 days to get advice on who knew what in his office? I mean it’s not that hard,” Labor Senator Katy Gallagher asked.

Ms Wong chimed in: “It’s part of a cover-up. He could’ve just asked a question. But instead we’ve got this inquiry.”

Mr Gaetjens could not specify an end date to the inquiry, which was recently paused temporarily as a result of concerns it could conflict with the criminal inquiry.

But he expected it would be complete within weeks “not months”.

Phil Gaetjens wanted ‘further clarification about what I can say’. Picture: NCA NewsWire / Gary Ramage

It came as the Australian Federal Police commissioner revealed a brief of evidence into Ms Higgins’s alleged rape inside a minister’s office at Parliament House will be sent to the prosecutor in “coming weeks”.

Reece Kershaw said officers were preparing to take the probe into the alleged 2019 assault by a fellow staffer to the next stage.

“I have been informed by the ACT chief police officer that a brief of evidence is likely to be provided to the commonwealth Director of Public Prosecutions in the coming weeks,” the commissioner told Senate estimates on Tuesday.

Brittany Higgins alleges she was raped inside Parliament House. Photo: NCA NewsWire / Gary Ramage

Mr Kershaw said he had originally ordered that Mr Gaetjens’s internal inquiry into who knew what in the prime minister’s office be paused temporarily over fears it could have clouded or disrupted the criminal probe into the alleged rape.

“The advice is from ACT Policing that there is no problematic intersection, so in my view the administrative inquiry can recommence,” Mr Kershaw told the hearing.

“It’s really important that this committee understands that the intent of the AFP the whole time has to focus on a criminal investigation (and) not be distracted by other inquiries and other issues.

“We have to create a corridor so that criminal investigation can follow the course of justice without there being any impediment or perversion of justice.”

Scott Morrison has received a final report into handling serious incidents in the parliamentary workplace. Photo: Sam Mooy/Getty Images

Last night, the Prime Minister received cabinet deputy secretary Stephanie Foster’s final report into procedures for serious incidents in the parliamentary workplace, following the assault.

Ms Foster recommended putting in place a face-to-face education program helping managers and staff understand their obligations in relation to a safe and respectful workplace.

Mr Morrison said work on that program was “well underway”.

Ms Foster also recommended an independent, confidential complaints system for serious incidents.

Mr Morrison said that work is more detailed and complex and would require consultation across the parliament.

It adds to measures Ms Foster initially advised should be urgently put in place, including a 24/7, independent, confidential phone support line for staff and MPs.

Mr Morrison said he would take the report to Cabinet and respond on behalf of the government and work with MPs to implement the response.

Mr Morrison commissioned the report in February.