A board of inquiry will examine the conduct of police and the ACT's top prosecutor in the case against former Liberal Party adviser Bruce Lehrmann, who was accused of raping his then colleague Brittany Higgins in 2019.
The ACT government said the inquiry would assess the handling of criminal investigations to ensure prosecutions were "robust, fair" and respectful of those involved, after complaints were made about Mr Lehrmann's trial.
A board of inquiry is the ACT equivalent of a royal commission: an independent investigation with considerable powers.
The government's decision follows a claim from Shane Drumgold, the ACT's Director of Public Prosecutions (DPP), that police officers pressured him to abandon the rape trial.
Chief Minister Andrew Barr said the allegations were serious.
“An independent review of the roles played by the criminal justice agencies involved is the most appropriate response,” Mr Barr said.
He said it was crucial to ensure that all officials involved had performed their duties with "appropriate rigour, impartiality and independence".
Ms Higgins alleged Mr Lehrmann raped her in the office of then cabinet minister Linda Reynolds in Parliament House.
Mr Lehrmann has maintained his innocence and there have been no findings against him.
His initial trial ended in October after a juror engaged in misconduct, and the retrial was abandoned because of fears for Ms Higgins's health.
The board of inquiry will begin in the new year and will examine the DPP's claims, which were raised in a publicly released letter to police after the trial ended but before the retrial was dropped.
The government said the inquiry would examine the interactions between and conduct of the ACT DPP and ACT Policing.
It would also examine the appropriateness of ACT Victims of Crime Commissioner Heidi Yates supporting Ms Higgins during the trial.
The ACT's legal framework for addressing juror misconduct would also be scrutinised.
ACT boards of inquiry can hold public and private hearings, issue search warrants, access documents, and compel witnesses to attend and give evidence under oath.
The government said ACT Policing, the DPP and the Victims of Crime Commissioner had all indicated they would cooperate with the inquiry.
No-one has yet been chosen to conduct the inquiry but the government said it had embarked on a nationwide search to find an "eminent legal expert".
This appointment is expected to be announced in January next year, along with the inquiry's terms of reference and a time frame for hearings.
Mr Barr said he expected the report to be released about the end of June next year.
He added that the report would be made public, but if he chose to have some details suppressed he would explain his decision.
Inquiry will not 'revisit' trial
ACT Attorney-General Shane Rattenbury said he was "deeply concerned" by the allegations made in recent weeks.
"As the first law officer of the ACT, I am deeply concerned by the allegations that we have seen in recent weeks following the decision to discontinue the matter," he said.
"The ACT government is absolutely mindful of the need for public confidence."
He added that Mr Lehrmann and Ms Higgins were told of the planned inquiry before today's announcement.
The inquiry would not be about "revisiting" the trial, he said.
"It is expected that the inquiry will have regard to investigations which other bodies may be conducting regarding these matters," Mr Rattenbury said.
"I would ask everyone to respect the privacy of individuals who will be involved in this inquiry.
"While the inquiry will be focused on ACT criminal justice agencies and the justice system, the ACT government acknowledges it may be triggering for people with lived experience of sexual violence.
"There are a range of services available for people experiencing difficulties, and we encourage anyone who needs support to reach out to those organisations."
Claims of political influence could be probed
Mr Rattenbury was asked whether the federal government had been told about the inquiry and if he expected former ministers Michaelia Cash and Linda Reynolds, who gave evidence in Mr Lehrmann's abandoned trial, to take part.
"I have advised the Commonwealth of the establishment of this inquiry … but clearly the ACT has the lead on this using our powers under the Inquiries Act," he responded.
"And the terms of reference will be sufficiently encompassing of those questions.
"So, if evidence is brought to the inquiry of those matters, the inquiry will have the capability to look at those questions."
The government said its overarching aim would be to provide the best possible terms of reference to enable the inquirer to probe as broadly as they see fit.
Attorney-General's conduct should be examined too, police advocate says
Australian Federal Police Association (AFPA) president Alex Caruana welcomed news of the inquiry.
He said he was pleased the probe would examine the conduct of Mr Drumgold and Ms Yates, but hoped to see Mr Rattenbury's involvement scrutinised as well.
"To ensure the inquiry is completely transparent, holistic and free of political interference, the conduct of Mr Rattenbury and his office should be included," Mr Caruana said.
"Furthermore, the inquiry should examine whether Mr Drumgold's explosive public statements were befitting of the ACT's top prosecutor.
"The national media frenzy caused by these claims has eroded the community's faith in its institutions. Several other more suitable mechanisms were available for Mr Drumgold to air his grievances."
Mr Caruana agreed with Mr Rattenbury's comments that the privacy and mental health of individuals involved in the inquiry should be respected, emphasising that the police union would support its members "every step of the way".
Mr Lehrmann's said in a statement that he welcomed the inquiry.
"Mr Lehrmann welcomes the inquiry and hopes the terms of reference will extend to an examination of all aspects of this matter, including decisions not to prosecute various individuals and the efforts taken by the DPP to ensure a fair trial," the statement said.
