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 372 In an incident report (Ex R79 (at 2)), Mr Payne explained Mr Lehrmann left a "Top Secret - Codeword classified document uncovered and uncontrolled on a desk". When this was brought to Mr Payne's attention, Mr Payne informed Mr Lehrmann documents at that classification level could not be handled in such a manner and offered to provide him with appropriate document handling procedures. Mr Lehrmann declined and thought Mr Payne was straying outside his lane. He requested Mr Payne give him the document in order for him to return it to the originating agency, claiming he had a secure means by which to transport it. He was then observed leaving the Minister's Suite with the document in an opaque plastic folder (which, hardly surprisingly, was not consistent with appropriate procedure).

373 Ms Brown promptly became aware a security incident had taken place (T1415.46–47). She understandably took the incident seriously and subsequently initiated an office-wide audit in response (T1419.10–23). Ms Brown gave evidence, which I accept, that the Home Affairs DLO stated Mr Lehrmann's actions would be a sackable offence (Brown (at [25])). She discussed the issue with Mr Lehrmann in what she described as a "low key way" (T2039.28–30).

374 All in all, this was far more than a minor lapse and the matter was unsurprisingly referred to, and relied upon, by Senator Reynolds in a letter sent to Mr Lehrmann on 4 April, in which the Minister indicated she was considering terminating his employment "on the basis of serious misconduct" (Ex 23) (show cause letter). In an email in response to the show cause letter, Mr Lehrmann stated he felt "embarrassed, ashamed and deeply remorseful" (Ex 24).

VI22 March 2019: Before the Dock

375 On 22 March, Mr Ben Couch, an aide-de-camp, messaged a group of friends within the Department of Defence and adjacent offices, including a number of aide-de-camps from the Royal Australian Navy, arranging a plan for drinks at The Dock at around 7pm.

376 Ms Higgins was invited along separately by Ms Gain, whom she had known for a couple of months (T610.15–19). She viewed the event as a networking opportunity, and a chance to demonstrate to her professional peers she "wasn't just a receptionist" and she had "contacts" (T610.31–35). Ms Higgins extended the invitation to a number of others, including Mr Wenke (who worked for the Minister for Home Affairs and occasionally socialised with Mr Lehrmann), Mr Lehrmann and a man she was in contact with on the dating application Bumble, who also worked in politics (T610.37–40; T611.1–9). Ms Higgins' hapless date was Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369