The attorney-general has refused to say why a settlement between former High Court Justice Dyson Heydon and the three women he sexually harassed is being kept secret.
Rachael Patterson Collins, Chelsea Tabart and Alex Eggerking have all signed non-disclosure agreements about the terms of the settlement, but the "historic" agreement was confirmed by their lawyer on Monday.
Labor senator Murray Watt asked why the settlement was kept confidential and whether the gag order was pursued by the Commonwealth or the women after the Sydney Morning Herald reported it was signed "at the behest of the Commonwealth".
Attorney-General Michaelia Cash took the questions on notice, but noted it is not unusual for a settlement deed to be confidential.
"It would be inappropriate to refer to any discussions that took place between the parties," she said.
Senator Watt pushed on why a confidentially clause was made following comments from Sex Discrimination Commissioner Kate Jenkins in her Respect at Work report which noted non-disclosure agreements could use power imbalances to keep victims silent and allegations secret.
"If it is the case - as has been reported - that the Commonwealth insisted on this non-disclosure agreement, isn't the Morrison government acting directly contradictory to the report of commissioner Jenkins?" he asked.
Senator Cash said Ms Jenkins was referring to stopping victims from discussing their experiences or the allegations.
"The confidentially obligations under the settlement deeds do not prevent the claimants from making public statements in relation to their experiences and other aspects of their claim," she said.
"So, Senator Watt, you are completely wrong."
The attorney-general repeatedly shut down questions pertaining to the agreement, saying it would be inappropriate to comment on legal discussions between the parties and details of the settlement.
The secretary of the attorney-general's department said the terms of the non-disclosure agreement were negotiated between the parties, confirming it is only the amount paid that is not able to be disclosed.
"In this instance, they certainly allowed for discussion around the nature of the conduct and the details. Those issues were not subject to non-disclosure," Katherine Jones told senators on Tuesday.
Deputy secretary Sarah Chidgey said Ms Jenkins' report was "very much about victims being able to tell their stories".
"(It's) the explanation for why the issue of non-disclosure agreements needs to be considered and best practice principles developed."
Ms Chidgey denied assertions from Senator Watt that giving victims the opportunity to tell their stories extended to the sum of the settlement, if they so choose.
"The report is very much about sharing their experience," she said.
Mr Heydon, 78, served on the High Court from 2003 until 2013.
The three women came forward in 2019 and negotiations for a settlement have been ongoing for nearly three years.
In June 2020 the High Court publicly apologised to six women after allegations of sexual harassment of them by Mr Heydon were upheld by an independent investigator.
