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 737 The first relates to the fact that Ms Higgins had yet to give an Evidence-in-Chief interview. The point of such an interview is for a trained person to procure a genuine account of a complainant's recollection for later forensic use at a criminal trial. It stands to reason that prior to obtaining a genuine account from the complainant, showing other material likely to be evidence, such as CCTV footage, may have the effect, either consciously or subconsciously, of influencing her genuine recollection and therefore risk what was recorded becoming partly a reconstruction based on the CCTV footage. It is hardly surprising that the AFP would not take steps to show her the CCTV footage unless and until she had indicated a willingness to proceed with the complaint and provided an account of her recollection in the Evidence-in-Chief interview. Indeed, as noted above, such was the thoroughness of Agent Cleaves that she viewed the CCTV footage in the security room and made notes (T1396.31–36), even though Ms Higgins had made it plain she did not want to proceed.

738 Secondly, even leaving aside the fact that some AFP officers could not obtain the CCTV footage as promptly as they would have liked, this is wholly unsurprising when one understands basic aspects of our Constitutional structure and the contemporaneous records. Despite the apparent incredulity of Ms Higgins, Mr Sharaz and the Project team in 2021 (each of whom variously referred to the AFP as having its "own weird little sovereign state" in Parliament or being the equivalent of the Vatican City) (Ex 36 (at 0:20:24–0:21:16)), there are important justifications for the legal separation of power between the Parliament and the Executive Government, which are unnecessary to canvass in these reasons. Parliament has asserted these rights as inheritors of a tradition going back to the 17th century. There are important Constitutional reasons why the Parliamentary precincts area is managed by the Presiding Officers, and the Parliamentary Precincts Act 1988 (Cth) formalises the authority of the Presiding Officers to manage and control the Parliamentary precincts. Agent Cleaves explained that generally she was able to get CCTV quickly, but this request seemed to take longer, and she was required to make a few phone calls to ensure the CCTV could be viewed and she felt frustrated (T1399.1–19; Ex 78). For over 450 years, agents of the Executive have had to confront the realities of Parliamentary privilege; a privilege which is of fundamental importance to our system of government. Agent Cleaves is one in a very long line.

739 Thirdly, the whole issue is a furphy in any event, as the reality is that the CCTV footage was, by reason of the prudent steps taken by the AFP, obtained for initial viewing and then preserved notwithstanding there was no extant complaint. It is, of course, to be expected that Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369