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ABC News
ABC News
National
state political reporter Alexandra Humphries

Report into David O'Byrne, former Tasmanian Labor leader, finalised with 'no further action required'

David O'Byrne said the report found he did not engage in sexual harassment or victimisation of Ms Midson. (ABC News: Luke Bowden)

The Tasmanian Labor Party has confirmed the investigation into an allegation made against former leader David O'Byrne has been finalised and no further action will be taken.

Mr O'Byrne apologised to the complainant and resigned as leader to sit on the backbench on July 4 after allegations he sexually harassed a junior union employee more than a decade ago came to light.

Labor state secretary Stuart Benson released a statement on Tuesday afternoon saying he had received the report, which was commissioned by the party and written by independent investigator Barbara Deegan, and accepted its findings.

"The key findings and recommendations have been sent to the complainant and the respondent," Mr Benson said.

"I now consider this investigation to be finalised with no further action required."

Labor Party member Rachel Midson alleged Mr O'Byrne sexually harassed her when she was 22 years old and an employee of the Liquor, Hospitality and Miscellaneous Union (LHMU), when Mr O'Byrne was the union's secretary and her boss. 

She alleged Mr O'Byrne sent her unwanted texts and twice kissed her without her consent, and that she was performance managed after asking Mr O'Byrne to stop sending her messages.

'I've reflected on that': O'Byrne

At a press conference today, Mr O'Byrne welcomed the report's findings, saying it determined he did not engage in sexual harassment or victimisation of Ms Midson.

He said the investigation was thorough, and he thanked his family, friends and colleagues for their love and support. 

"My view is that an investigation has found I did not engage in that conduct and I think we need to respect the independent investigation," Mr O'Byrne said. 

Mr O'Byrne says he has reflected on his past behaviour. (ABC News: Luke Bowden)

Asked whether he believed the interactions were consensual, Mr O'Byrne said he did not want to "enter a debate".

"The complaint about me was about sexual harassment and victimisation, and the investigation has shown that I did not engage in that conduct," he said.

"I think that's human and I've reflected on that and I've acknowledged that in this instance it didn't meet my standards and I've apologised for that."

'Nothing could be further from the truth': Midson

Rachel Midson said she felt "physically sick" the report found a "consensual atmosphere" about the interactions between her and Mr O'Byrne. (ABC News: Luke Bowden)

At a separate press conference on Tuesday, Ms Midson said she did not believe the investigation had been procedurally fair or treated her with respect, and said she had no faith in its outcome. 

She categorically denied ever consenting to being sent "vulgar and sexually explicit" messages, or being kissed by Mr O'Byrne. 

"I feel deeply concerned regarding the warped understanding and definition of sexual harassment that has been applied in this process.

"The ultimate insult was that my general friendly and happy nature in the workplace was considered to be consent, and an open invitation for sexual advances from my boss."

Rachel Midson (centre) with (far left) her sister — independent MP for Clark Kristie Johnston — husband Kevin Midson (rear) and Madeleine Schuey.

Labor leader Rebecca White said it had been a difficult time for those involved and for the Labor Party, saying the investigation was carried out at arm's length from the party.

"David O'Byrne has a clear commitment to Tasmania and will continue his strong work in the electorate of Franklin as a member of the parliamentary Labor team," Ms White said. 

Mr O'Byrne became party leader in June when Ms White resigned after Labor lost the state election.

He stepped aside weeks later, after the ABC reported on the complaint, and Ms White returned to the position.

Ms Deegan's report has not been publicly released by the party, and Mr Benson says that on legal advice, he is not able to make any further public statements.

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