Milton Dick (Speaker) Share this | Hansard source

The President of the Senate, the Attorney-General and I have signed a new memorandum of understanding regarding Australian Federal Police investigations where parliamentary privilege may be involved. The AFP have also issued a new national guideline which updates the procedures they follow for the collection and quarantining of material that could be subject to parliamentary privilege.

The MOU and guidelines are designed to ensure that law enforcement investigations are conducted without improperly interfering with the functioning of parliament, its committees and its members. They also ensure that parliamentarians and their staff are given a proper opportunity to raise claims of parliamentary privilege in relation to material that is obtained through the exercise of investigative powers. The new MOU and guidelines replace the procedures agreed in 2021, and include new procedures related to the exercise of covert powers. These new procedures seek to ensure that covert powers are exercised in a manner which does not intrude on parliamentary privilege. In doing so, they strike a balance with the need to ensure that the AFP are not impeded unduly when they exercise their powers to conduct investigations covertly.

Some of the key elements of the new process for covert powers include the following: firstly, the AFP will consult with the clerk in relation to the exercise of covert powers which may engage privilege. Secondly, the clerk will advise the AFP of any risks that the investigation may interfere improperly with parliamentary functions. The AFP and the clerk will seek to agree on the appropriate way to mitigate those risks. Finally, information obtained through the exercise of covert powers which is potentially protected by parliamentary privilege will be quarantined from investigators until a claim for privilege can be raised and determined.

I would like to acknowledge the work of the President, the Attorney-General, the member for Hawke, Senator Brockman, the late senator Linda White and AFP deputy commissioner Ian McCartney in negotiating this new agreement.

I present a copy of the MOU and the national guidelines. I can also indicate to members that the President and I will be writing to all parliamentarians immediately, providing copies of the documents, along with an explanation of the changes that have been made.

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