Scott Morrison asks MPs to tell him of misconduct

Scott Morrison has used official advice from the AFP to set a new standard for his MPs in the fallout from the Brittany Higgins rape allegations.

Scott Morrison and his government have been engulfed in controversy for two weeks following revelations former Liberal staffer Brittany Higgins was allegedly raped in Parliament House. Picture: Getty Images

Scott Morrison has used official advice from the Australian Federal Police to set a new standard for his MPs, demanding they inform him of any criminal activity in the workplace after Defence Minister Linda Reynolds failed to notify him of the alleged rape of Brittany Higgins in her office.

The AFP has asked all MPs and their staff to report possible crimes to authorities “without delay”, warning that if they did not then evidence could be lost or the offending could continue.

The Prime Minister questioned whether Senator Reynolds’ decision not to tell him about Ms Higgins’ alleged rape for nearly two years was “wise”.

Mr Morrison and his government have been embroiled in controversy for a fortnight, with Labor challenging the plausibility of the Prime Minister and his office only finding out about the incident – which occurred in March 2019 – within the last two weeks.

Senator Reynolds, who is facing questions over her future as Defence Minister, was discharged from a two-day stay at hospital on Friday after the stress of the past fortnight exacerbated an existing heart condition.

She is due to return to parliament for the resumption of the next sitting fortnight, including a week of Senate estimates in which she is expected to face a grilling from Labor over her handling of Ms Higgins’ alleged rape, on March 15.

In a sharply worded letter, AFP Commissioner Reece Kershaw tells Mr Morrison that MPs and staff should quickly report sexual assault or other criminal conduct complaints and allegations while taking into account the rights and privacy of the victim.

AFP and government sources said a sexual assault should not be reported against the wishes of the victim.

“I cannot state strongly enough the importance of timely referrals of allegations of criminal conduct,” Mr Kershaw’s letter states. “Failure to report alleged criminal behaviour in this manner, or choosing to communicate or disseminate allegations via other means, such as through the media or third parties, risks prejudicing any subsequent police investigation.

“Any delay in reporting criminal conduct can result in the loss of key evidence, continuation of the offending and/or reoffending by the alleged perpetrator.

“It also has the very real potential to compromise the rights of victims and other parties to the alleged offences.

“By not adhering to this process, there is a real risk that any alternative actions by individuals may lead to obstructing, preventing, perverting or defeating the course of justice or the administration of the law.”

Employment Minister Michaelia Cash, who hired Ms Higgins after the 2019 federal election, found out about the alleged rape on February 5 this year and also did not pass any information on to Mr Morrison or his office.

Home Affairs Minister Peter Dutton was briefed “more around the process than the detail of the alleged offence” by the AFP on February 11 but said he believed it was inappropriate to inform Mr Morrison’s office until media inquiries were made to the government the following day.

Mr Morrison defended Mr Dutton’s actions but said Senator Reynolds should have told him sooner.

“In relation to the then minister for defence industry (Senator Reynolds), that minister did not disclose that in an anonymised way. That is something that I wish she had, but she did not.”