Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/164

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work health and safety. M&PS also provided an independent counselling service provided by an external service provider with a network of associated registered psychologists and social workers across Australia.

636 Ms Brown was told by Ms Barons of the entry into the Ministerial Suite by Mr Lehrmann and Ms Higgins while they were intoxicated, that Mr Lehrmann had left the office around 2:30am and that a security guard had found Ms Higgins "naked and passed out"; she was also told that Ms Higgins was offered an ambulance and medical assistance, which she declined (although it would have been more accurate to say calling for such assistance was considered, but deemed unnecessary, after a check on Ms Higgins). She was also advised of the various remedial procedures to adopt. In particular, she was told that this was a "serious" security breach and Ms Barons outlined the relevant procedures, including workplace health and safety, Ministerial Staff Code of Conduct (Staff Code), and security protocols.

637 In the wake of this unwelcome news, Ms Brown had a further meeting with Mr Lehrmann and then several meetings with Ms Higgins, the details of which I have found are accurately recorded in Annexure B.

638 Given its importance, however, it is worth supplementing this by making specific findings as to what happened in the initial meeting between Ms Brown and Ms Higgins, which took place for about ten minutes commencing around 1:30pm on this day.

639 To Ms Brown's observation, Ms Higgins' demeanour at the start of the meeting was happy but changed somewhat when she saw some paperwork on Ms Brown's desk, being the Employee Assistance Program (EAP) material and a copy of the Staff Code.

640 Ms Brown advised Ms Higgins that she had received advice that Ms Higgins and Mr Lehrmann accessed the Ministerial Wing and office after hours early on Saturday morning. After raising this point, Ms Brown asked her whether she "would you like someone to be here with you?", an invitation Ms Higgins declined.

641 Ms Brown then asked her "what time did you arrive at the office?", to which Ms Higgins responded with words like: "I don't remember accessing the office … I'd been out and was drunk … I remember coming through the security checkpoint in the Ministerial Wing basement … I remember being woken up, but I don't know which time and that I was semi-


Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
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