Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/165

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naked". She also said: "I also remember waking up at about 8am on Saturday morning on the couch".

642 After Ms Brown asked her whether she was alright and pressed for more details, Ms Higgins then said she did not recall anything else and then said words to the effect: "I am responsible for what I drink and my actions".

643 Ms Brown recalls, and I accept, that she said she had been told that there was an ambulance requested or Ms Higgins had been asked whether she wanted an ambulance or a doctor. Ms Higgins did not recall this and, after again enquiring whether Ms Higgins was alright, Ms Brown provided Ms Higgins with a print-out from the M&PS site with details of the EAP and explained the independent support and service the EAP provides and apprised her of the fact that she could make a complaint about anything through M&PS at any time.

644 She then explained to Ms Higgins that entering the Ministerial Wing for non-work purposes, already inebriated, was a security breach along with a breach of the Staff Code and explained she would need to inform the PMO and the Government Staff Committee (GSC) of the incident. She had also been advised by M&PS that she should remind Ms Higgins of the Staff Code because she was an ongoing employee – unlike Mr Lehrmann who was winding up his deferral period. There was then some discussion of the Staff Code.

645 After a third enquiry as to how she was, Ms Brown suggested that she thought it best if Ms Higgins went home for the afternoon and take "a few days off or work from home", and "all you need to do is let me know". Ms Higgins said "ok" and Ms Brown said: "you can also take a few days off to return to the Gold Coast to see your family". Ms Higgins then responded to a query as to whether there was anything else Ms Brown could do by then saying "no, I spoke to dad on the weekend, and he is coming down on the weekend to see me". Ms Brown noted: "I'm available any time should you wish to talk".

646 I have no doubt that Ms Brown was telling the truth about this meeting in her evidence-in-chief, which is consistent with the contemporaneous record and the logic of what was happening, including Ms Higgins' understandable shock at having to deal immediately with her becoming aware a senior person knew of the incident. What is plain is that at this point, Ms Higgins did not tell Ms Brown she had suffered any form of inappropriate conduct and Ms Brown's reaction to what she had been told was not only appropriate, but also solicitous of Ms Higgins' welfare and as to her need for any assistance.


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