Defence Minister Linda Reynolds is facing possible legal action for calling Brittany Higgins a “lying cow” in her office if she does not publicly apologise to her former staff member.
Senator Reynolds, who is now on medical leave, reportedly made the comments to staff in her office after Ms Higgins spoke out about her alleged rape in Parliament House.
Rebekah Giles, a lawyer from reputational risk firm Company Giles who is acting for Ms Higgins, confirmed to SBS News a legal demand has been issued to Senator Reynolds to withdraw her comments and publicly apologise.
Ms Higgins described the comments from Senator Reynolds as "incredibly hurtful".
“I appreciate that it has been a stressful time but that sort of behaviour and language is never excusable," she said on Thursday.
“It’s just further evidence of the toxic workplace culture that exists behind closed doors in Parliament House.”
Senator Reynolds reportedly made the comment on 15 February - the same day Ms Higgins went public with allegations she was raped by a male colleague inside Senator Reynolds' office in March 2019, when she was 24 years old.
Prime Minister Scott Morrison earlier on Thursday said the under-fire senator "deeply regretted" the remarks.
Senator Reynolds is facing calls to resign after she responded to, but did not deny, the reports.
She reportedly made the comment in the open part of her office and it was heard by several staff members, including public servants on secondment from the Department of Defence.
In a statement on Wednesday evening, Senator Reynolds did not specifically address whether she had used that term in reference to Ms Higgins.
She said she had "never questioned Ms Higgins' account of her alleged sexual assault and have always sought to respect her agency".
"I did, however, comment on news reports regarding surrounding circumstances that I felt had been misrepresented," she continued.
"I have consistently respected Ms Higgins's agency and privacy and said this is her story to tell and no one else's.
"Ms Higgins's allegations are very serious and that is how they must be treated to ensure her legal rights are protected. I welcome her decision to progress this matter with the Australian Federal Police."
Mr Morrison on Thursday said Senator Reynolds had apologised for her remarks.
"She apologised to the staff about making what were inappropriate comments, long before it became public," he told reporters.
"She deeply regrets it. They were offensive remarks. She should never have made them. I don't condone them. But what matters is that we continue to address the substance of the issues."
When contacted by SBS News about possible legal action, a spokesperson for Senator Reynolds said: "The Minister has no further comment to the statement issued last night".
Senator Reynolds had known about the alleged rape for more than two years but did not inform Prime Minister Scott Morrison, who has said he only became aware of the allegations last month.
Last week, Senator Reynolds was admitted to hospital with a pre-existing medical condition and forced to cancel a much-anticipated speech at the National Press Club - where she was expected to be pressed on her handling of the alleged incident.
She is on medical leave until next week.
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