The National Anti-Corruption Commission conducted an extensive preliminary investigation into the settlement between Ms Brittany Higgins and the Commonwealth to confirm whether there was a corruption issue in connection with the settlement. The Commission determined it is in the public interest to make a disclosure to the public of information about the outcome of the preliminary investigation.

A corruption issue exists if there is a viable hypothesis that a person has engaged in corrupt conduct. Corrupt conduct means conduct of a Commonwealth public official that involves a breach of public trust, an abuse of public office or a misuse of official information, or conduct by any person to cause a public official to behave other than honestly or impartially.

The preliminary investigation found no evidence that the settlement process and outcome, including the legal advice provided, who was present at the mediation, or the amount of the settlement, was subject to any improper influence by any Commonwealth public official.