The ACT government has noted the Federal Court's finding that Bruce Lehrmann had, more likely than not, raped Brittany Higgins at Parliament House five years ago, but said any further criminal proceedings would be a matter for the territory's Director of Public Prosecutions.
"The government takes allegations of sexual offences seriously and acknowledges the impact that sexual violence has on individuals, families and the community," a spokesperson for the Justice and Community Safety Directorate said.
"We recognise the need for public confidence in the criminal justice system for sexual violence offences to be investigated and prosecuted appropriately. That is why the government initiated the Board of Inquiry into the Criminal Justice System in the ACT.
"Any decision to progress criminal proceedings in the ACT lies with the ACT Director of Public Prosecutions. Under the Director of Public Prosecutions Act 1990 and the ACT Prosecution Policy, the Director of Public Prosecutions has discretion to consider a wide range of factors to determine whether to prosecute a case."
Shane Drumgold, who resigned as the director of public prosecutions following the release of the board of inquiry's findings, decided in 2022 not to proceed with a retrial of Mr Lehrmann on rape charges after the first trial was aborted due to juror misconduct.
Mr Drumgold cited an "unacceptable risk" to Ms Higgins' mental health.
Victoria Engel SC will take up the position permanently in May. Anthony Williamson SC has been acting in the position.
Justice Michael Lee on Tuesday found against Mr Lehrmann, who had sued Network Ten and its journalist Lisa Wilkinson for defamation over a television interview in which Ms Higgins said she had been raped at Parliament House by a colleague.
Ten and Ms Wilkinson won the case on a substantial truth defence.
"I am satisfied that it is more likely than not that Mr Lehrmann's state of mind was such that he was so intent upon gratification to be indifferent to Ms Higgins' consent and hence went ahead with sexual intercourse without caring whether she consented," the judge said, finding Network Ten and Ms Wilkinson had proved it was more likely than not Mr Lehrmann had raped Ms Higgins.
Mr Lehrmann has repeatedly denied raping Ms Higgins. His criminal trial in the ACT was aborted in October 2022 due to juror misconduct. A member of the jury was found to have brought in additional research about sexual assault complaints.
"Having escaped the lion's den, Mr Lehrmann made the mistake of going back for his hat," the judge said on Tuesday.
As a result, Justice Lee said, Mr Lehrmann was "not entitled to the vindication of his reputation". Mr Lehrmann can appeal the decision.
Justice Lee also found an "inescapable conclusion" that Mr Lehrmann provided documents from his criminal trial to the Seven Network.
Mr Lehrmann's criminal trial and the handling of Ms Higgins' allegation of sexual assault was the subject of an ACT government-commissioned board of inquiry, led by former Queensland Court of Appeal President Walter Sofronoff KC.
The territory accepted the recommendations of the inquiry but Mr Sofronoff's conduct, which included providing an early copy of his report to The Australian and the ABC, is now being considered by the territory's Integrity Commission.
The ACT Supreme Court in March found Mr Sofronoff's relationship with Janet Albrechtsen, a columnist on The Australian, gave rise to an apprehended bias against Mr Drumgold in the board of inquiry report.
