The Minister for Home Affairs Peter Dutton has today issued a Ministerial Direction to the Australian Federal Police (AFP) Commissioner.

This Ministerial Direction outlines the Government's expectations for the AFP in relation to investigative action involving a professional journalist or news media organisation in the context of an unauthorised disclosure of material made or obtained by a current or former Commonwealth officer. This Ministerial Direction does not constrain investigation by the AFP of an unauthorised disclosure of material made or obtained by a current or former Commonwealth officer.

"A key function of the AFP is the enforcement of the criminal law, without exception. However, I expect 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 an unauthorised disclosure of material made or obtained by a current or former Commonwealth officer," Minister Dutton said.

"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. I also expect the AFP to continue to seek voluntary assistance from professional journalists or news media organisations.

"Further, 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. 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.

This Ministerial Direction is issued under subsection 37(2) of the Australian Federal Police Act 1979 (Cth).