.

  • Written by Michelle Grattan, Professorial Fellow, University of Canberra

The government has given a new direction to the Australian Federal Police to prevent repeats of the recent raids on the media when leaks are being investigated.

The number of investigations will also be cut back, because departments referring leaks of official material to the police will have to outline the harm the disclosure poses to national security.

The changes, announced by Home Affairs Minister Peter Dutton late on Friday, follow a backlash against the government after the Australian Federal Police raided News Corp journalist Annika Smethurst and the ABC over separate leaks.

The direction applies to both current and prospective investigations, so would likely mean the police will drop off their pursuit of the media in these instances, although the ultimate decision rests with the AFP.

Smethurst’s story revealed confidential correspondence about a proposed change in the remit of the Australian Signals Directorate. The ABC reported confidential documents relating to the behaviour of Australian special forces in Afghanistan.

After the raids the AFP refused to rule out prosecuting the journalists. The media organisations launched court action challenging the validity and use of the search warrants.

Dutton said he had issued a “ministerial direction” to the AFP Commissioner.

This set out the government’s “expectations” for the police when a journalist or media organisation had a leak from a serving or former Commonwealth official.

Dutton said the directive did not constrain investigation by the AFP of an unauthorised disclosure. “A key function of the AFP is the enforcement of the criminal law, without exception,” he said.

But he said he expected the AFP “to take into account the importance of a free and open press in Australia’s democratic society and to consider broader public interest implications before undertaking investigative action involving a professional journalist or news media organisation” in relation to a leak.

“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.”

Dutton said he expected the police to continue to seek voluntary assistance from the media.

He has also told the AFP “to strengthen its guidance and processes about the types and level of information required” from departments and agencies when referring leaks.

Departments “will need to provide a harm statement indicating the extent to which the disclosure is expected to significantly compromise Australia’s national security”.

The upshot is that rather than departments routinely referring leaks to the police, disclosures that do not carry national security implications will not be sent.

Sources pointed out this would not stop a department using its own internal processes to find out who had leaked and taking disciplinary action against them.

The opposition declared the changes just “window dressing”.

Shadow minister for Home Affairs Kristina Keneally said Dutton had announced what he “expects” of the police when the media and the public had demanded guarantees from the government.

She pointed out the announcement had come just days before the Parliamentary Joint Committee on Intelligence and Security held public hearings into press freedoms.

“This is a cowardly act,” Keneally said. “It’s taken Mr Dutton too long to speak out and there are still many unanswered questions”, she said.

“Can the Morrison government confirm they will not charge or prosecute any Australian journalist – such as those at the ABC – for doing their job and reporting in the public interest?”

Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more http://theconversation.com/government-tells-police-to-lay-off-journalists-in-investigating-leaks-121703

Boosting Your Child’s Learning through Play

Being a parent is probably the highest responsibility one has in a lifetime. Once it happens, it becomes ongoing and keeps posing new challenges to us. Of course, it may seem easy from some perspe...

Diana Smith - avatar Diana Smith

Different ideas of Christmas Gifts to give to your beloved ones

"CHRISTMAS GIFTS – one of the best festival gifts to give to your closed ones. Find Christmas presents for everybody on your checklist. Christmas is now here, and if that you haven't got a hop on ...

News Company - avatar News Company

The Ultimate Guide to Sneakers and Sneaker Brands

When it comes to finding the perfect pair of sneakers, it can be hard to know where to start. Finding the right pair for any kind of occasion can be difficult, so brushing up on your knowledge of sn...

News Company - avatar News Company

View from The Hill: Morrison won't have a bar of public service intrusions on government's power

Scott Morrison has rejected or sidelined a number of recommendations from the long-awaited Thodey review. AAP/Paul BravenScott Morrison has rejected or sidelined a number of recommendations from the l...

Michelle Grattan, Professorial Fellow, University of Canberra - avatar Michelle Grattan, Professorial Fellow, University of Canberra

VIDEO: Michelle Grattan reflects on the year in politics

For their last video for the year, University of Canberra Vice-Chancellor Deep Saini and Michelle Grattan look backwards to the big issues which have shaped political discourse. They discuss the surpr...

Michelle Grattan, Professorial Fellow, University of Canberra - avatar Michelle Grattan, Professorial Fellow, University of Canberra

Choosing a Heavy Weighted Bathmats

Decorating your bathroom doesn’t finish with the paint choice or tile colours. You can change the whole room with the change of your towel set. There are no rules that say that you need to have a ...

News Company - avatar News Company

God as man, man as God: no wonder many Christian men today are having a masculinity crisis

How men saw God shaped how they saw themselves, and in turn, how they saw women. WikimediaThis article is part of our Gender and Christianity series. To understand contemporary Christian ideas about...

William Loader, Emeritus Professor of New Testament at Murdoch University, Murdoch University - avatar William Loader, Emeritus Professor of New Testament at Murdoch University, Murdoch University

Australia needs a national crisis plan, and not just for bushfires

Bushfires aren't the only catastrophic emergency Australia is likely to see. AAP Image/Mick TsikasCalls are growing for a national bushfire plan, including from former prime minister Malcolm Turnbull...

Andrew Gissing, General Manager, Risk Frontiers, Adjunct Fellow, Macquarie University - avatar Andrew Gissing, General Manager, Risk Frontiers, Adjunct Fellow, Macquarie University

Your Christmas shopping could harm or help the planet. Which will it be?

Many Australian consumers are concerned at the environmental impact of their shopping habits, especially at Christmas. AAPAustralian shoppers are set to spend $52.7 billion this Christmas. In the word...

Louise Grimmer, Senior Lecturer in Marketing, Tasmanian School of Business and Economics, University of Tasmania - avatar Louise Grimmer, Senior Lecturer in Marketing, Tasmanian School of Business and Economics, University of Tasmania

Right-swipes and red flags – how young people negotiate sex and safety on dating apps

For many young people, app dating is just part of regular dating life. freestocks.org/UnsplashPopular commentary on dating apps often associates their use with “risky” sex, harassment and ...

Kath Albury, Professor of Media and Communication, Faculty of Health, Arts and Design, Swinburne University of Technology - avatar Kath Albury, Professor of Media and Communication, Faculty of Health, Arts and Design, Swinburne University of Technology

Bougainville has voted to become a new country, but the journey to independence is not yet over

The Autonomous Region of Bougainville, a chain of islands that lie 959 kilometres northwest of Papua New Guinea’s capital, Port Moresby, has voted unequivocally for independence. The referendum...

Anna Powles, Senior Lecturer in Security Studies, Massey University - avatar Anna Powles, Senior Lecturer in Security Studies, Massey University

Comfortable Footwear That'll Get You Through From Day To Night In Style

When you are choosing your footwear, you need to make sure that you are choosing something that is going to be comfortable. This is especially important if you are going to be wearing your shoes a...

Rosana Beechum - avatar Rosana Beechum

How to Have a Peaceful Retirement

Retirement is the time to treat yourself after a lifetime of working, to complete your bucket list and to spend time with the people that you care for. However, having a peaceful retirement can be d...

News Company - avatar News Company

Friday essay: eco-disaster films in the 21st century - helpful or harmful?

A scene from the 2017 film Geostorm: many societies have historically attempted to deal with collective trauma by replaying and restaging it in art. Warner Bros., Electric Entertainment, Rat Pac-Dune ...

Ari Mattes, Lecturer in Communications and Media, University of Notre Dame Australia - avatar Ari Mattes, Lecturer in Communications and Media, University of Notre Dame Australia

A new study shows an animal's lifespan is written in the DNA. For humans, it's 38 years

A genetic "clock" lets scientists estimate how long extinct creatures lived. Wooly mammoths could expect around 60 years. Australian MuseumHumans have a “natural” lifespan of around 38 yea...

Benjamin Mayne, Molecular biologist and bioinformatician, CSIRO - avatar Benjamin Mayne, Molecular biologist and bioinformatician, CSIRO

Vital Signs: Australia's wafer-thin surplus rests on a mine disaster in Brazil

On Monday the Australian government will release the Mid-Year Economic and Fiscal Outlook (MYEFO). This will – as required by the Charter of Budget Honesty – provide an update on the key a...

Richard Holden, Professor of Economics, UNSW - avatar Richard Holden, Professor of Economics, UNSW

Don't believe the stereotype: these 5 charts show our democracy is safe in the hands of future voters

Almost 900 school kids, aged 12 to 17, were surveyed. ShutterstockA new, ongoing survey on how young Australians understand and imagine their democracy is already challenging long-held stereotypes. ...

Mark Evans, Professor of Governance and Director of Democracy 2025 - bridging the trust divide at Old Parliament House, University of Canberra - avatar Mark Evans, Professor of Governance and Director of Democracy 2025 - bridging the trust divide at Old Parliament House, University of Canberra

Private health insurance premiums should be based on age and health status

Policy changes have failed to stop young people dropping their private health insurance. ShutterstockPrivate health insurance has come under intense scrutiny in recent months, as it becomes clear heal...

Francesco Paolucci, Associate Professor; Head of Health Policy Program, Sir Walter Murdoch School of Public Policy and International Affairs, University of Newcastle - avatar Francesco Paolucci, Associate Professor; Head of Health Policy Program, Sir Walter Murdoch School of Public Policy and International Affairs, University of Newcastle

Knowledge is a process of discovery: how constructivism changed education

According to constructivists, we truly understand something when we filter it through our senses and interactions. from shutterstock.comThis is the second of two essays exploring key theories – ...

Luke Zaphir, Researcher for the University of Queensland Critical Thinking Project; and Online Teacher at Education Queensland's IMPACT Centre, The University of Queensland - avatar Luke Zaphir, Researcher for the University of Queensland Critical Thinking Project; and Online Teacher at Education Queensland's IMPACT Centre, The University of Queensland

Sick and Tired of Your Dead End Job? Try Teaching!

Tired of the same old grind at the office? Want an opportunity to impact lives both in your community and around the world? Do you love to travel and have new experiences? Teaching English is the perfect job for you! All you need is a willingness to ...

News Company - avatar News Company

The Impact of an Aging Population in Australia

There’s an issue on the horizon that Australia needs to prepare for. The portion of elderly citizens that make up the country’s overall population is increasing, and we might not have the infrastructure in place to support this. Australians h...

News Company - avatar News Company

LifeStyle

Boosting Your Child’s Learning through Play

Being a parent is probably the highest responsibility one has in a lifetime. Once it happens, it...

Different ideas of Christmas Gifts to give to your beloved ones

"CHRISTMAS GIFTS – one of the best festival gifts to give to your closed ones. Find Christmas pr...

How to Have a Peaceful Retirement

Retirement is the time to treat yourself after a lifetime of working, to complete your bucket list...

Latest Wednesday Lotto Results

Wednesday Lotto draw 3917 Lucky numbers for this draw were 43 followed by 25. The rest of the...