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 672 Ms Higgins was no doubt still working through issues, was upset, and understandably appeared nervous (T1391.14–17). She was also apparently keen to downplay her drinking (falsely asserting she had drunk "four gin and tonics") (T776.24–28) and although she explained that Mr Lehrmann had been quite "handsy" and (as recorded in Agent Thelning's diary) "[she] did not really mind" (Ex R77 (at 4); T1405.36), she underplayed the fact that they had been mutually intimate and that they passionately kissed at 88mph. She was also untruthful about saying she went to Phillip Medical Centre and had a test (Ex R77 (at 6); T780.17).

673 Ms Higgins gave evidence that she did not think it was true that she told the officers that she did not want at that point to progress with a "formal complaint" (T789.5). But she clearly did – it is evident from the notes (Ex R77 (at 5)) that she said: "I put what happened away so it wouldn't be a narrative to my life story. I am quite good at doing this"; and "I do not want to report this officially – just off the record".

674 At the end of the meeting, Ms Higgins said that she was aware that the matter would be referred to SACAT and knew that it was going forward in that sense (T788.33–789.10), despite what she told the officers about her lack of desire to proceed.

675 By 2 April, Agent Thelning spoke to an officer from SACAT; as we will see below, the available support services had been identified and the Canberra Rape Crisis Centre (CRCC) had been contacted (T1407.1–47).

676 After her contact with the AFP, it will be recalled that on 3 April, Ms Higgins was content for Mr Dillaway to "reach out to the PMO" (Ex R99 (at 814)) about expediting some counselling and about her desire to work close to home during the election (a matter to which I will return) and, after that occurred, Ms Higgins knew the matter would be discussed with Dr Kunkel. She then said to Mr Dillaway (Ex 99 (at 814)):

Thank you for doing that. Honestly, I really appreciate it. The help is beyond welcome, I wouldn't say it had been handled poorly; just a difficult situation to manage. Seriously, Fiona is great. I just think there has been a lot of competing things going on.

677 As foreshadowed, Agent Cleaves contacted SACAT to arrange a "meet and greet" between Ms Higgins and members of that team (T1393.31–40) and informed Ms Brown of the fact Ms Higgins had been referred (T1393.42–1394.19). Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369