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Watchdog clears Brittany Higgins’ $2.4m payout

The corruption watchdog has released its verdict on Brittany Higgins' payout.

The corruption watchdog has released its verdict on Brittany Higgins' payout. Photo: AAP

The National Anti-Corruption Commission says there was no corrupt conduct in the $2.4 million compensation payout to Brittany Higgins after her alleged rape in Parliament House.

In a statement on Thursday, the commission said it had analysed thousands of documents related to the 2022 Commonwealth settlement in a preliminary investigation.

It found there was no evidence that the process – or the amount – was subject to any “improper influence by any Commonwealth public official”. 

“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,” the NACC said.

“There is therefore no corruption issue.”

The commission also said the compensation paid to Higgins was “less than the maximum amount recommended by the external independent legal advice”.

The settlement was referred to the national anti-corruption body by  Higgins’ former boss, Liberal Senator Linda Reynolds, who questioned the handling of the process by then-attorney-general Mark Dreyfus. Former opposition leader Peter Dutton was among others to question the speed of the compensation process and the amount paid.

Former Liberal staffer Higgins alleged she was raped by senior colleague Bruce Lehrmann in Reynolds’ Parliament House office in 2019. Charges were brought against Lehrmann in a criminal trial in 2022, but abandoned after juror misconduct. He has always denied the allegations.

The compensation settlement reached between the Commonwealth and Higgins was revealed during Lehrmann’s defamation case against Network Ten and Lisa Wilkinson over their reporting of the assault allegation.

It took into account factors such as Higgins’ loss of earnings capacity, and her “hurt, distress and humiliation”.

In its statement, the National Anti-Corruption Commission said the documents it had examined showed decisions relating to the settlement were based on advice from independent external solicitors and experienced counsel. 

It also found there was no “identifiable difference” in approach to the matter before and after the change in government following the May 2022 election.

“That the mediation conference itself was concluded within a day is unexceptional,” it said.

“It was the culmination of a process which took approximately 12 months. None of this is unusual for a non-litigated personal injury claim.

“A critical consideration during the settlement process was avoiding ongoing trauma to Ms Higgins.”

Reynolds, whom Higgins had claimed failed to support her adequately after her rape allegation, was excluded from attending mediation related to the settlement.

On Thursday, she said she was “bitterly disappointed” the NACC would not investigate the payment further.

“My primary concern has always been how the Commonwealth could possibly settle unsubstantiated and statute barred claims made against me, alleging egregious conduct on my part, without taking a single statement from me or speaking to me at all,” she said.

Reynolds said it was one of the issues her Federal Court lawsuit against the Commonwealth over the settlement would explore.

Dreyfus released a statement welcoming the commission’s finding.

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-with AAP

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