Brittany Higgins: Watchdog probe into $2.4m settlement after alleged parliament rape finds ‘no corruption’

Senator Linda Reynolds said she is “bitterly disappointed” by the national corruption watchdog’s decision not to continue an investigation into a Commonwealth settlement paid to former Liberal staffer Brittany Higgins after her alleged Parliament House rape.

Senator Reynolds, who lodged a complaint back in October 2023 regarding the payment to Ms Higgins, on Thursday responded after the watchdog issued a statement confirming “no corruption” was found and investigations would not continue, revealing she is taking matters further.

The National Anti-Corruption Commission conducted an “extensive” preliminary investigation into the settlement Ms Higgins was paid over the alleged sexual assault by former political staffer Bruce Lehrmann.

The Commission said it issued notices, producing documents from relevant departments and legal representatives and “analysed thousands of documents tracking the claims and negotiation of the settlement”.

In a media release, the Commission said the information it obtained showed the settlement was calculated based on “advice from independent external solicitors and experienced senior and junior counsel”.

Ms Higgins received a $2.445 million settlement from the Commonwealth to finalise her complaint over the alleged sexual assault.

That settlement amount included portions for loss of earnings and earning capacity, legal costs, ongoing medical expenses as well as hurt and distress.

In a statement on Thursday, Senator Reynolds said the body didn’t let her defend the claims made against her alleging egregious conduct, or attend the mediation.

“I am bitterly disappointed by the NACC’s decision not to investigate the circumstances surrounding the Commonwealth’s multi-million dollar settlement with Ms Higgins,” she said.

The WA Senator said she’s now taken the matter to the Federal Court and filed new documents arguing that the claims against her were untrue and that the Government should have known this before settling.

“Yesterday I filed an amended statement of claim which details the falsities of Ms Higgins’ claims against me and the publicly available information refuting each of her allegations, all of which was available to the Commonwealth and its lawyers prior to the settlement,” she said.

The Commission, in its findings, said the settlement amount was less than what it could have been.

“The settlement amount was less than the maximum amount recommended by the external independent legal advice,” the Commission said on Thursday.

Ultimately, the Commission concluded that there was “no corruption issue” in Ms Higgins’ settlement.

“There is no evidence that the settlement process, including the legal advice provided, who was present at the mediation, or the amount, was subject to any improper influence by any Commonwealth public official,” a statement said.

“To the contrary, the evidence obtained reflected a process that was based on independent external legal advice, without any inappropriate intervention by any minister of either government.

“There is therefore no corruption issue.”

Ms Higgins alleged that she was sexually assaulted in WA Liberal Senator Linda Reynolds’ office on March 23, 2019.

The young Liberal staffer claimed she was heavily intoxicated at a work event when Lehrmann took her back to Parliament House by taxi.

The two were let in by security before the rape allegedly took place.

Ms Higgins claims she lost consciousness at times, before waking to find her skirt lifted. A security guard later found her naked and asleep in Senator Reynolds’ office after Lehrmann had left the building.

The young Liberal worker informed police of the alleged rape, before withdrawing her complaint, fearing it may have implications on her career.

In what became a bitter fallout, Ms Higgins claimed Senator Reynolds did not support her after the alleged rape.

Ms Higgins was removed from Senator Reynolds’ office and moved to work under Liberal Minister Michaelia Cash, where she stayed for around a year before she resigned.

After her resignation, Ms Higgins went public with her claims through an interview with Lisa Wilkinson on Network 10’s The Project.

The day after the bombshell interview, former prime minister Scott Morrison issued a formal apology to Ms Higgins, investigations were launched and a review was established.

It took until December 2022 for parties to agree and sign on a settlement amount. The amount paid by the Commonwealth was kept confidential at first, until it was later released in a defamation trial.

Lehrmann has admittedly denied allegations that he raped Ms Higgins since they were made and a criminal trial against him was abandoned after a jury member conducted their own private research.

A relisted trial never went ahead due to “significant and unacceptable risk to the life of the complainant (Ms Higgins)“.

In a defamation trial against Network Ten and Wilkinson over the interview that was aired on The Project in 2021, Justice Michael Lee concluded there was “substantial truth” to Ms Higgins’ allegations resulting in Lehrmann losing his case.

While handing down his judgement, Justice Lee said “having escaped the lion’s den Bruce Lehrmann made the mistake of going back for his hat,” before ordering her pay Network 10’s legal costs.

Lehrmann has appealed the decision with the case expected to be heard in the Federal Court of Australia in August.

If you or someone you know needs help, contact 1800 RESPECT (1800 737 732).