Higgins settlement

Question

1. The Higgins deed incorporated Particular 3.9 - that Mr Yaron Finkelstein, Principal Secretary to the Prime Minister, was a regular presence in Ms Reynolds' office advising her Chief of Staff on how to manage Higgins in light of the sexual assault. Justice Lee found this to be demonstrably untrue. Was Mr Finkelstein or the Prime Minister's office consulted about this particular, before it was incorporated into the Commonwealth deed? If not, why not? 2. Could the Department supply any correspondence between the Department of Finance, the Prime Minister's office and Mr Finkelstein regarding this particular? 3. Can the Department confirm whether, at the time of the Higgins settlement in December 2022, any member of Cabinet had made public statements expressing support for Ms Higgins' account of how her situation was handled? Does the Department accept that public Ministerial statements in favour of one party in proceedings in which the Commonwealth is funding the defence of another party create a structural conflict of interest that should be managed as a whole-of-government matter: if not, why not? 4. Can the Department supply any Cabinet or Departmental guidance on managing public statements by Ministers in relation to ongoing legal proceedings involving the Commonwealth? 5. With respect to the above questions, please confirm the Department understands it cannot claim legal professional privilege to refuse to answer questions or provide documents to a parliamentary committee. If the Department wishes to decline to provide specific details of legal advice on the basis it would prejudice the public interest, please confirm the Department understands a Minister must formally raise a public interest immunity claim and that the claim must specify the exact harm such disclosure would cause, rather than merely stating the advice is confidential.

Answer

Please see the attached answer.

Documents

• Question with answer (PDF) (opens in a new tab)
• 0819.pdf (opens in a new tab)