Defence Minister Linda Reynolds grilled over Brittany Higgins’ alleged rape

Defence Minister Linda Reynolds has been grilled over her handling of the alleged rape of Brittany Higgins in her office two years ago.

Defence Minister Linda Reynolds was grilled in the Senate over her handling of the alleged rape of Liberal staffer, Brittany Higgins, during Question Time. Picture: NCA NewsWire/Gary Ramage

Defence Minister Linda Reynolds has been grilled in the Senate over her handling of the alleged rape of Liberal staffer Brittany Higgins in her office two years ago, and is now claiming she didn’t know at first it was a potential sexual assault – despite urging her to go to the police.

Senator Reynolds faced a barrage of questions on Monday in Question Time over her “conduct” and the decision to hold a formal employment meeting with the staffer in the same room where Ms Higgins alleges the sexual assault occurred in March, 2019.

The Morrison Government has released a statement accepting this was “not appropriate” as a venue.

But Senator Reynolds revealed for the first time today that when she called the meeting she didn’t know it was a sexual assault allegation – a claim not previously made by the government.

At the time, her acting chief of staff who was seconded from Prime Minister Scott Morrison’s office had already sought written advice from the Department of Finance over how to handle a potential sexual assault allegation.

RELATED: PM image that made Brittany speak

Defence Minister Linda Reynolds was grilled in the Senate over her handling of the alleged rape of Liberal staffer, Brittany Higgins, during Question Time. Picture: NCA NewsWire/Gary Ramage

Ms Higgins alleges she was raped at Parliament House by a colleague but claims she felt she had to choose between going to the police and keeping her job.

Labor’s Senate leader Penny Wong seized on the inconsistency in Question Time.

“In Question Time today the Minister explained the location of the meeting by indicating she was at that point unaware of the alleged assault,” Senator Wong said.

“Can the Minister explain how she claimed she was unaware of the alleged assault at the time of that meeting given the meeting took place after Ms Higgins had reported the assault to the Minister as chief-of-staff?”

But in response, Senator Reynolds said she would need to see “legal advice”.

“Senator Wong I will again take that question on notice because it – no, it goes to a very important matter and that, this is still the subject of an open AFP investigation since April 2019,” Senator Reynolds said.

“I can confirm the details of that first meeting and, as I said at that first meeting, I was unaware of the circumstances of the alleged incident. I will seek some further legal advice in terms of the detail of how much I can communicate publicly and I will come back to the chamber as soon as I can on that.”

Senator Wong then asked if Senator Reynolds could explain how she now claimed she was unaware of the assault at the time of the reported meeting, given her answer also today that she told Ms Higgins in that meeting that the Minister would support her going to the police.

“Senator Wong, I did not in fact say that it was at that meeting about the police,” she said.

“What I did confirm is that all throughout this I took all of the relevant advice from minute store ideal and parliamentary services that information was communicated to my staff member and including my recommendation to her that she consider talking to the AFP and seeking advice from them, which again is something that I facilitated for her.

“Now, in terms of any further detail on that, I will go and seek advice because it is the subject I have been advised of an ongoing AFP investigation into the matter, which was opened in April 2019. So I do need to make sure that I don’t prejudice anything that she may have decided the do then and now.”

RELATED: PM ‘distressed’ by staffer’s alleged rape

Ms Higgins with staff, including Senator Reynolds, at a work function.

Senator Reynolds was under sustained pressure over her decision to call a formal employment meeting with Ms Higgins about the incident in the room where she was allegedly raped.

“That conduct included the Minister and her then chief of staff meeting with her staff member in the same room the alleged rape occurred,” SA Labor Senator Alex Gallacher said.

“Can the Minister assure the Senate that she and her office have exercised and will exercise an appropriate duty of care, including the provision of support for the victim of an alleged sexual assault in the Minister’s office in March 2019?”

In response, Ms Reynolds said she was aware of the news.com.au report and insisted she had tried to offer Ms Higgins support and counselling.

“I’m extremely concerned about the wellbeing of my former staff member,” Senator Reynolds said.

But for the first time, she also claimed she did not know Ms Higgins had been sexually assaulted when she was called to the meeting, despite previously stating in that meeting she urged her to go to police in the meeting.

“At the time of the initial meeting with my staff member, I was not aware of the details or the circumstances of the alleged incident in my office. Had I known, I would have conducted the meeting elsewhere. Given the sensitivities surrounding this issue, it would not be appropriate for me to comment further,” she told the Senate.

This claim was not made in a lengthy statement provided to news.com.au late on Sunday night that said the decision to call the meeting was “not appropriate”.

Ms Higgins on her first day at work at Parliament House.

Pictured with Employment Minister Michaelia Cash, whose office she was moved to after the election.

News.com.au went to the Morrison Government for comment on the story on Friday at 2:30pm before receiving the final response from a government spokesman at 9:19pm on Sunday night. That statement was amended and updated on Monday morning to express “regret” for Ms Higgins any distress over the handling of the issue.

Senator Reynolds went on to support the right of women to feel safe in their workplaces.

“Women should be safe and they should feel safe in the workplace at all times. My only priority throughout this matter was the welfare of my then staff member and ensuring that she received the support that she needed.

“That included ensuring that she was clear about the support available to her, and her right to make a formal complaint to the Australian Federal Police should she choose to do so.

“At all times, my then chief of staff and I ensured that we sought advice from and we followed advice from ministerial and parliamentary services regarding the support available. I was at pains to ensure that my staff member felt empowered to determine how she wanted to handle the matter, and that remains the case.”

Senator Gallacher also asked Senator Reynolds if she could assure the Senate that “neither she, her staff nor any of the Prime Minister’s staff said or did anything which may have implicitly encouraged her former staff member not to pursue the incident with police?”

“As I said in my first answer, my first and only concern was then, and remains, her welfare, including her right to understand all of her options and for those to be presented to her, which they were. She did continue, after this incident, in my employ and then moved to Senator Cash’s office for the proceeding two years,” Senator Reynolds said.

Ms Higgins with Senator Reynolds at a Liberal Party event.

Prime Minister Scott Morrison also made his first public comments on the “distressing” allegations in question time in response to a question from Labor leader Anthony Albanese.

“My government takes all such matters – all matters of workplace safety – very, very seriously,” he said.

“Reports today are deeply distressing. This matter is under consideration by police.

“At all times, guidance was sought from Ms Higgins as to how she wished to proceed. And to support and respect her decisions.

“This important best practice principle of empowering Miss Higgins is something the government always sought to follow in relation to this matter.

“The government has aimed to provide Miss Higgins with her agency, to provide support to make decisions in her interests and to respect her privacy.

“This offer of support and assistance continues.”

Greens leader Larissa Waters told the Senate that Parliament is a “high-risk workplace”.

“Ms Brittany Higgins said, of the side of the Prime Minister standing next to Young Australian of the Year, Grace Tame, herself a survivor of sexual assault: He’s standing next to a woman who has campaigned for ‘Let Her Speak’, and yet in my mind his government was complicit in silencing me. It was a betrayal. It was alive,” Senator Waters said.

“Would you support requesting the Sex Discrimination Commissioner to undertake a culture review of Parliament House to recommend ways of keeping staff safe?”

I asked Gov in #SenateQT when the safety of women will be put ahead of political interests, whether Libs have any sexual assault policy & if it’s been reviewed after a litany of assaults, & if they’d task Sex Discrim Commish with a culture review of APH. Answer: go to EAP #auspol

— Larissa Waters (@larissawaters) February 15, 2021

Leader of the Government in the Senate, Simon Birmingham, said the importance of staff safety was paramount but did not commit to a review.

“It is crucial that we ensure that the processes that are available to staff are thorough. Certainly as Minister in this space I am committed to working with the Department of Finance to ensure that staff can have confidence in those processes and procedures and make use of them,” he said.

Health Minister Greg Hunt said the allegations were “distressing”.

“Firstly, this must be deeply distressing for the woman involved, and she has absolute sympathy and total support,” he said.

“Secondly, as I understand it, the subject of investigations. The advice that I have is that there will be investigations, if there aren’t currently.”

Asked if Senator Reynolds should apologise, Mr Hunt said he was not in a position to answer the question.

“Respectfully, I don’t have any of the details. And given the potentially criminal nature of the issue, it’s not appropriate for me to be commenting. And I hope that you understand that.”

In a statement, the AFP has described it as an “open” investigation despite the fact it was suspended nearly two years ago in April, 2019.

ACT Policing received a report in April 2019 in relation to an alleged assault at Parliament House. ACT Policing investigators subsequently spoke to the complainant who chose not to proceed with making a formal complaint, a spokesperson said.

“ACT Policing’s investigation remains open but did not progress at that time as a result. As part of initial enquiries, ACT Policing also liaised with Department of Parliamentary Services.

“Victims always have a say in how far a police investigation goes, can determine that a matter not proceed to prosecution, and can withdraw from the process at any time. It is not uncommon for an investigation to halt, not proceed to prosecution, or to be recommenced at a later time, at the request of a victim.”

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