unsubstantiated rumours mentioned by Assistant Commissioner Close, to which I have already made reference).
649 Notwithstanding the lack of proof an assault had occurred and the then incomplete information as to the specifics of the allegation, it is said that it was "inexcusable" that in the show cause letter, no reference was made to Ms Higgins, the fact that she had been found naked and passed out, or to the allegation that Mr Lehrmann had sexually assaulted Ms Higgins. It is said to be "bizarre" that Mr Lehrmann was terminated for serious misconduct without "ever being confronted with or given the opportunity to respond to the allegation that he had sexually assaulted Ms Higgins in Senator Reynolds' office". It is further said, apparently seriously, that the "moving on":
of an alleged rapist is reminiscent of the conduct of which a number of religious institutions stood rightly condemned in the Royal Commission into Institutional Child Sex Abuse, save that this time it occurred in the second decade of the 21st century in the heart of Australia's democracy on the eve of a federal election.
650 These overwrought and extravagant submissions ought never to have been made. If Ms Brown had wanted to move Mr Lehrmann on and try to sweep matters under the carpet, there would have been an obvious way of attempting to do so – he had left the office and was never to return and Ms Brown would not later have taken active steps to encourage Ms Higgins to report the incident to the AFP. But rather than letting things just slide, disciplinary steps were taken resulting in a termination for the security reasons put to, considered, and approved by, the GSC. Further, what the submission ignores or fails to appreciate, is that a show cause letter is a particular type of legal mechanism directed to providing procedural fairness. As those experienced in employment law would understand, it is critical that if such a show cause letter is to be sent, that it specifies allegations that are cogent, objectively verifiable and are considered by an employer as able to be proven if any action is later taken to challenge any disciplinary decision adverse to the interests of an employee. It accords with prudence and is wholly unsurprising that the show cause letter would only focus on objective facts easily able to be established at the time the letter is sent and would avoid reference to contestable issues. To proceed otherwise ventured all sorts of legal complications. No doubt this is why Ms Brown received the advice from the Advice and Support Branch of M&PS in the form she did, and, as one would expect, the only evidence as to what occurred at the GSC is consistent with the reasons ultimately given for the dismissal (MC (at 34)).
