Home Affairs Minister Peter Dutton has effectively told the Australian Federal Police to avoid raiding or investigating journalists who have been leaked confidential information, in a rare intervention ahead of a major public inquiry into press freedom.
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In a ministerial direction two months after high-profile raids on media outlets in Sydney and Canberra, Mr Dutton said he wanted the AFP to change its procedures to "take into account the importance of a free and open press in Australia's democratic society" before executing search warrants.
The direction applies to investigations where police may be trying to prosecute government staffers who have leaked secret information. Distributing classified information can be a crime, as can receiving and publishing it.
While Mr Dutton did not explicitly order the AFP to abandon investigations into News Corp reporter Annika Smethurst and ABC journalists Dan Oakes and Sam Clark, senior police may interpret his direction as proof that the trio would never be prosecuted and decide to abandon their probes.
"Where consistent with operational imperatives, I expect the AFP to exhaust alternative investigative actions prior to considering whether involving a professional journalist or news media organisation is necessary," the direction said.
"I also expect the AFP to continue to seek voluntary assistance from professional journalists or news media organisations."
While the AFP had told the ABC it planned to raid its Ultimo headquarters in June, it did not give Smethurst prior knowledge that seven officers would search her Canberra home.
Mr Dutton's direction was issued ahead of the first round of public hearings next week into whether national security laws are affecting the freedom of Australia's press.
Parliament's powerful intelligence and security committee will consider whether laws should change to better protect press freedom following a backlash from the nation's powerful media bosses.
Smethurst and the ABC's Oakes and Clark published separate stories using leaked government information, which police and Mr Dutton have previously suggested is a crime. The AFP has not ruled out laying charges against the trio.
The leaking of information to the reporters was referred to police by government departments.
In his ministerial direction, Mr Dutton also lifted the threshold for the AFP to launch investigations into leaks by requiring government departments to meet a new test.
"I expect the AFP to strengthen its guidance and processes about the types and level of information required from a government department or agency when they are referring an unauthorised disclosure," Mr Dutton said.
"Referring departments or agencies will need to provide a harm statement indicating the extent to which the disclosure is expected to significantly compromise Australia's national security."
Comment has been sought from the AFP.
Labor's home affairs spokeswoman, Kristina Keneally, claimed Mr Dutton issued the direction only because he was under pressure ahead of the inquiry.
"This is a cowardly act," she said.
"Mr Dutton has announced what he 'expects' of the AFP. But Australians, including journalists, media executives and the public, have demanded guarantees from the government and all Mr Dutton has given them is window dressing," she said.
"This pithy effort and even more pitiful timing from Mr Dutton is disrespectful to every hard-working journalist in Australia and epitomises what the Home Affairs Minister thinks of them, the media, and the Australian public."
Attorney-General Christian Porter's approval would be needed to launch a journalist prosecution and he has previously said he's "seriously disinclined" to give it.
- SMH/The Age
