Senate estimates: AFP reveals 19 more allegations involving federal MPs, staffers in wake of Higgins rape claim

Almost 20 allegations of sex crimes and other misconduct involving federal MPs, staff reported since Brittany Higgins went public.

Former Liberal staffer and alleged rape victim Brittany Higgins. Picture: Damian Shaw

Almost 20 allegations of sex crimes and other misconduct involving federal MPs and staff have been reported to authorities since former Liberal Party staffer Brittany Higgins went public with allegations she was raped in Parliament House.

The Australian Federal Police revealed on Tuesday there had been 40 reports relating to 19 alleged sex crimes and other “sensitive and difficult matters” since February 24, following disclosure of Ms Higgins’ allegations against a former colleague working in then defence industry minister Linda Reynolds’ office.

A brief of evidence in relation to Ms Higgins’ allegations was likely to be provided to the ACT Director of Public Prosecutions “in coming weeks”, the AFP commissioner, Reece Kershaw, told a Senate hearing.

Stephanie Foster. Picture: Gary Ramage

Separately, a report provided to Scott Morrison by Department of Prime Minister and Cabinet deputy secretary Stephanie Foster said Parliament House should develop an independent complaints mechanism for serious incidents and made other recommendations to be considered by cabinet on Wednesday night.

Once approved, the government will liaise with Labor and other stakeholders before publicly releasing the framework of the new oversight body.

The Prime Minister’s chief of staff, John Kunkel, also concluded his review of allegations that advisers in Mr Morrison’s office were responsible for leaking negative information about Ms Higgins’ partner, David Sharaz.

“I do not make a finding that negative briefing against Mr Sharaz of the sort alleged has taken place,” Dr Kunkel wrote.

“The evidence before me falls well short of the standard that would be needed to arrive at such a finding in conformity with due process,” the report reads. “While I am not in a position to make a finding that the alleged activity took place, the fact that those allegations have been made serves as an important reminder of the need for your staff to hold themselves to the highest standard.”

The new criminal allegations disclosed by Mr Kershaw at a Senate estimates hearing include 12 reports identified as “sensitive investigations” and 15 referred by the AFP to state and territory police for assessment.

They relate to both Coalition and Labor MPs and staffers, said sources briefed on the matter.

Mr Kershaw said some of the referrals were historical and could no longer be investigated while other matters had been disclosed by MPs who previously had not known what to do with the -information.

“One matter is still with the AFP for ongoing inquiries,” Mr Kershaw told the hearing.

“One matter has been finalised. The other seven matters do not relate to electorate offices, ministerial staff or official establishments. Two were finalised without referral as no criminal offence was identified.”

Mr Kershaw said that due to the “sensitive” nature of the alleged incidents — which had not been passed on to Home Affairs Minister Karen Andrews — the AFP could not provide further details and would report back on how many alleged incidents had occurred at Parliament House.

The Australian understands not all of the matters were expected to proceed further, with four identified as not requiring further action.

While there have been four reviews triggered by Ms Higgins’ sexual assault claim, only Dr Kunkel’s investigation has so far been made public.

Philip Gaetjens. Picture: AAP

Mr Morrison’s top bureaucrat, DPM&C secretary Philip Gaetjens, told the Senate his inquiry into who in the Prime Minister’s office knew what and when about Ms Higgins’ alleged rape would take weeks to complete.

Mr Gaetjens said it was not his review to release.

Under questioning from Labor, Mr Gaetjens refused to say how many of Mr Morrison’s staffers he had interviewed for the investigation and said he had not yet spoken to Ms Higgins but had a meeting “scheduled” at a time convenient for her.

Mr Gaetjens said he had interviewed “all relevant people” in Mr Morrison’s office but was waiting to receive material back from “some” of them.

Labor finance spokeswoman Katy Gallagher said Mr Gaetjens was working on “secret interviews” for a “secret report”.

In a rare move, Senator Gallagher named under parliamentary privilege three staffers in Mr Morrison’s office that she said Ms Higgins had alleged backgrounded against Mr Sharaz.

In a question to Finance Minister Simon Birmingham, Senator Gallagher said: “I would ask that you provide an answer as to whether Mr (Andrew) Carswell, Mr (Julian) Leembruggen and Mr (Nick) Creevey have been interviewed by Mr Kunkel.

“We would like an answer on that because Ms Higgins’ understanding is they are the staff that were backgrounding against her loved ones during that week.”

In his report, Dr Kunkel did not deny that Ms Higgins believed backgrounding had occurred and said his finding should in no way be taken as a reflection upon her honesty or sincerity.

Ms Higgins wrote to Dr Kunkel in March saying various sources at news.com.au, The Daily Telegraph and Network Ten told her about the backgrounding, which had also been referenced by Ten’s political editor Peter van Onselen on ABC radio.

Dr Kunkel wrote that he had interviewed all senior members of Mr Morrison’s media team and Ms Higgins for his review. He also “endeavoured to speak” with the media outlets referenced by Ms Higgins and interviewed other members of the press gallery “based on these approaches”.

Mr Morrison’s media team had rejected allegations they had spoken to journalists with the intention of undermining Mr Sharaz’s reputation, he noted.

Sex Discrimination Commissioner Kate Jenkins is leading a separate investigation into parliament’s workplace culture.