Liberal senator refers rape allegation against unnamed Labor politician to AFP

Liberal senator Sarah Henderson has referred a rape allegation against an unnamed Labor member of parliament to the federal police.

Henderson announced the move on Sunday evening, citing AFP commissioner Reece Kershaw’s advice that allegations of criminal conduct should be referred to the police immediately.

The advice to the prime minister, Scott Morrison, and all federal MPs and senators followed Morrison’s rebuke of defence minister Linda Reynolds for failing to inform him of the alleged rape of staffer Brittany Higgins in her office by another Liberal staffer.

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Henderson’s statement said: “Late this afternoon I forwarded to the AFP an email I received this afternoon from a woman alleging she had been raped by a man who is now a federal Labor member of parliament.”

“In immediately referring this matter to the AFP, I have followed the procedures set out by Commissioner Kershaw in his letter of 24 February 2021.

“I make this statement in the interests of full transparency.”

When contacted by Guardian Australia, Henderson refused to say which MP or senator the allegation related to.

On Friday the ABC’s Four Corners revealed three police agencies had been notified of a letter sent to Morrison, the Labor leader in the Senate, Penny Wong, and Greens senator Sarah Hanson-Young, making an allegation of rape against a federal cabinet minister relating to his time before entering parliament.

On Sunday, Anthony Albanese told ABC’s Insiders the allegation against a current cabinet minister is a “test” for Morrison, who must satisfy himself it is appropriate for the man to continue in his current position.

Albanese refused to say how he would handle a similar allegation against a Labor frontbencher, arguing that this was a hypothetical.

In his letter, Kershaw told parliamentarians “I cannot state strongly enough the importance of timely referrals of allegations of criminal conduct”.

“Failure to report alleged criminal behaviour in this manner, or choosing to communicate or disseminate allegations via other means, such as through the media or third parties, risks prejudicing any subsequent police investigation,” he said.

“Any delay in reporting criminal conduct can result in the loss of key evidence, continuation of the offending and/or reoffending by the alleged perpetrator.”

Kershaw also warned against “choosing to communicate or disseminate allegations via other means, such as through the media or third parties, risks prejudicing any subsequent police investigation”.