Parliamentarians answer AFP call with 19 crime tip-offs

After Ms Higgins went public about her alleged rape in a series of media interviews, Mr Kershaw prepared advice distributed to MPs that they should report to police without delay any claims of sexual harassment or criminal activity.

Mr Kershaw warned that telling the media first or failing to report criminal conduct hampered the prospect of a successful prosecution.

‘Sensitive allegations’ among 19 reports

He revealed on Tuesday under questioning from Greens Senator Sarah Hanson-Young that, since February 24, police had received 40 reports detailing 19 different allegations following his plea to politicians and their staff.

He said 12 had been identified as “sensitive allegations” with 10 of them referred to state and territory police forces for assessment. One was still with the AFP for inquiries and one had been finalised.

Mr Kershaw said the remaining seven allegations did not relate to electorate offices, ministerial staff offices or official establishments. Five had been referred to state police and two finalised because no criminal offence had been identified.

Mr Kershaw told estimates the head of the ACT Police had told him a brief of evidence “is likely to be submitted to the ACT Director of Public Prosecutions in the coming weeks”.

Former political staffer Brittany Higgins. Dominic Lorrimer

Mr Kershaw’s appearance was dominated by fiery questioning from Labor frontbencher Kristina Keneally over conflicting evidence he gave to an earlier estimates hearing over contact with Mr Gaetjens, who is investigating which of Mr Morrison’s staff knew about the alleged rape.

Mr Kershaw corrected his earlier testimony that he phoned Mr Gaetjens on March 22 after he and Mr Gaetjens gave mixed testimony over whether police had asked Mr Gaetjens to pause his inquiry while police determined if it intersected with the criminal investigation.

Mr Kershaw answered “no” when asked if he had asked Mr Gaetjens to pause or stall his probe of Mr Morrison’s staff.

But after Mr Gaetjens told a separate estimates committee that same day the inquiry was on hold because of police advice, Mr Kershaw later issued a media statement saying he in fact had advised Mr Gaetjens to pause the inquiry.

On Tuesday, Mr Kershaw told senators it was in fact Mr Gaetjens who phoned him on March 22.

Senator Keneally asked whether Mr Gaetjens had “pressured” him into issuing a media statement backing Mr Gaetjens’ account on March 22.

Mr Kershaw told the committee he made that decision independently and did so because there was “confusion in the nuance of the language used”.

“My entire intent since day one when we had a complaint in relation to this matter is to ensure that the investigation was able to be carried out without any interference or intersections with other inquiries or all other matters,” Mr Kershaw said.

Dutton’s knowledge of case questioned

The AFP revealed in written answers to the committee that former home affairs minister Peter Dutton’s office had been told of the rape claim in October 2019 following a media inquiry to ACT Police. Mr Dutton, now Defence Minister, has said he only learnt of the claim on February 11 when Mr Kershaw personally briefed him.

Labor senator, Raff Ciccone, questioned assistant Attorney-General Amanda Stoker whether the government honestly expected the public to believe Mr Dutton’s staff had not tipped off the minister or Mr Morrison sooner about the rape claim.

Ms Stoker said the media inquiry had been forwarded to Mr Dutton’s office as part of the police’s “business as usual” processes and Mr Dutton’s evidence of when he learnt of the rape claim had been consistent.

“There is no reason to do anything other than accept it on face value,” she said.

In another estimates hearing, Mr Gaetjens said he was working to present a report to Mr Morrison as soon as possible. He would not say if any staff had engaged lawyers, and Finance Minister Simon Birmingham declined to say if taxpayers were footing any legal bills.

Mr Gaetjens confirmed he would interview Ms Higgins in coming days.

“She asked to be involved and we have facilitated that,” he said.

Mr Gaetjens would not say if his written report would be made public, saying it was a matter for Mr Morrison. Staff in the Prime Minister’s office have been given assurances that their interviews would remain confidential.

The Prime Minister confirmed he had received a third report from deputy secretary of Prime Minister and Cabinet Stephanie Foster last night.

The report called for new education programs, including to help staff recognise and respond appropriately to serious incidents or patterns of behaviour in the workplace.

An independent and confidential complaint mechanism for serious incidents will be established.

“I intend to take this report to cabinet and respond to the recommendations on behalf of the government,” Mr Morrison said. “Following this, I will seek to engage with all parties and parliamentarians to implement the response.”