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AFP top brass must be in the loop on media inquiries

AFP detectives who investigate journalists will be obliged to brief top officers at critical junctures.

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Australian Federal Police detectives who conduct criminal investigations of journalists and other sensitive targets will be obliged to brief top officers at critical junctures as part of a review of how police handle delicate ­inquiries.

Stung by months of criticism after his officers conducted raids on the headquarters of the ABC and the home of a News Corp journalist, AFP Commissioner Reece Kershaw on Monday ­announced a review of the ­agency’s management of sensitive investigations.

Speaking at a Senate estimates hearing in Canberra, Mr Kershaw said he had chosen former chief executive of the Australian Crime Commission and former AFP deputy commissioner John Lawler to lead the review.

“This (review) incorporates matters relating to unauthorised disclosure; the application of parliamentary privilege; espionage and foreign interference; and war crimes,’’ Mr Kershaw said.

“The review will not be an audit into the current matters at hand but rather a holistic ­approach to ­ensure we have in place investigative policy and guidelines fit for purpose.’’

The Australian has been told the review will formalise the AFP’s internal governance structures for sensitive investigations.

Inquiries such as leaks and war crimes are handled by the AFP’s Offshore and Sensitive Investi­gations Unit, a small team of sworn officers and support staff.

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The AFP does not have a formal definition for what constitutes a sensitive investigation, or internal protocols for handling them. It is understood the review, which will report by January, is likely to focus on developing such protocols.

It will run alongside a broader 100-day “plan of action’’ examining the organisation and processes of the AFP as a whole.

The review is expected to make recommendations about how and when decisions would be made.

One example would be “escalation points’’ that would require the agency’s senior management to sign off on key decisions, such as the execution of a search warrant on a journalist’s home.

A catalyst for the review was a ministerial direction from Home Affairs Minister Peter Dutton to the AFP ordering police to consider the importance of press freedom before commencing investi­gations into journalists.

That direction came after the AFP executed search warrants on the ABC’s Sydney headquarters and the Canberra home of a News Corp journalist, in both instance triggered by the leak of sensitive material.

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The review came as ASIO ­Director-General Mike Burgess said it was “plausible’’ Australia would suffer an attack by a right-wing extremist or extremist group.

Mr Burgess said “no doubt’’ the Christchurch terrorist attack in March would inspire some. However, he said ASIO had long monitored right-wing groups.

Mr Burgess also said foreign espionage was at “an unacceptably high level’’.

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Original URL: https://www.theaustralian.com.au/nation/politics/afp-top-brass-must-in-the-loop-on-media-inquiries/news-story/58bafd2ed37b4142e6e189636bf75ea5