Australia's top cop admits the Australian Federal Police (AFP) could have better handled media raids on the ABC and the home of a Newscorp journalist, but threw his support behind investigators, saying they were simply abiding by their oath to uphold the law.

Key points: A review of the AFP's handling of media raids found community confidence in the force was "negatively impacted"

A review of the AFP's handling of media raids found community confidence in the force was "negatively impacted" Commissioner Reece Kershaw says the AFP's communication "could have been better"

Commissioner Reece Kershaw says the AFP's communication "could have been better" Separate investigations of the ABC and Newscorp's Annika Smethurst, as a result of the raids, are still active

In June last year, AFP officers searched ABC computer systems for files linked to a series of 2017 reports known as The Afghan Files.

The reports covered allegations of unlawful killings by Australian soldiers in Afghanistan.

The raid on the ABC's Sydney headquarters happened just a day after a raid on the home of Newscorp journalist Annika Smethurst, linked to leaked classified information she had used in stories more than a year earlier.

Both investigations are still active and the AFP provided no suggestion they would be dropped.

But Commissioner Reece Kershaw — who replaced predecessor Andrew Colvin a month after the raids — commissioned a report on how similar "sensitive" investigations should be handled in the future.

The review, by former Australian Crime Commission head John Lawler, was released late last week and found community confidence in the AFP had suffered as a result of its investigations of how national security information had found its way into the media.

Speaking publicly for the first time since both the report's release and this week's Federal Court ruling against the ABC, Commissioner Kershaw acknowledged the AFP could manage delicate investigations better.



'Our communication could have been better'

The Commissioner said the review took a much broader approach than the two investigations of the ABC and Smethurst, but admitted they were a "trigger point".

He said, with hindsight, the AFP's handling was not perfect, as images of officers raiding a journalist's home and at the front doors of the ABC were broadcast across the country.

AFP officers sit with ABC lawyers and IT specialists during the raid. ( ABC News: Brendan Esposito )

"We may have been able to improve some of our communication and expectations of what is going to occur," he said.

"I always think that's probably an area we can improve in. And I have acknowledged that perhaps some of our communication could have been better in those matters.

"I think, as police, we're always wanting to improve, and I don't think there's anything wrong with that."

Opportunity for reform

The Lawler review provided 24 options for change, including formalising a definition of what constituted a "sensitive investigation", communicating directly with media outlets under investigation, changing the language of the status of investigations and establishing an escalation framework when a sensitive investigation was declared.

The Commissioner adopted all of the recommendations in principle and an AFP team is reviewing them.

The Lawler Review provided 24 recommendations for change within the AFP, all of which have been adopted in-principle by Commissioner Kershaw. ( ABC News: Tamara Penniket )



"It's a great opportunity for change and reform in those areas," Commissioner Kershaw said.

"We're setting up a new senior executive board that looks at those sensitive matters so that we, as an executive, have full coverage of the sensitive investigations and whether or not they've got enough resources, or the timelines are met … and so on.

"So it's a broader definition. It sort of recognises the complex work and the complex environment we're now operating in."

Cases still remain in a state of limbo

Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. Watch Duration: 37 seconds 37 s The Australian Federal Police entering the ABC headquarters in Ultimo (Photo - ABC News: Taryn Southcombe)

The AFP had a win on Monday, when the Federal Court threw out the ABC's case over the raid on its Ultimo headquarters, finding the police warrants used were legal.

Despite this, the Lawler review noted that "community and stakeholder confidence in the AFP [had] been negatively impacted as a result".

And Commissioner Kershaw was not gloating about the court's decision.

"I wouldn't say it's pleasing. I'd say it's an outcome," he said.

"But we know that, often, matters can be appealed, so it's not over until it's over."

Despite the Federal Court decision, both the ABC's case and the case against Smethurst remain in a state of limbo — unable to progress due to ongoing court action.

Federal Attorney-General Christian Porter says he wants them both finished.

"I am very frustrated about the time that it's taking to resolve this matter, as are other senior ministers. That is a frustration that has been voiced," he said.

Journalists are not above the law: Attorney-General

Some, including ABC managing director, David Anderson, are calling for explicit protections for journalists and whistleblowers.

Mr Porter said protections for journalists might be worthwhile, but journalists were not above having their homes searched.

"If what is being suggested is that the law be changed so that is no longer in the future legally possible to execute a warrant on a third party's house, even if that third party is a journalist, even if the warrant pertains to the retrieval of information on a very, very serious criminal matter, then I'm not sure that I accept that that is the starting point for law reform in this area," he said.

Last year, Mr Porter directed Commonwealth prosecutors to get his office's consent before prosecuting a working journalist.

The Lawler review suggested the AFP adopt the same protocol, seeking the Attorney-General's advice before proceeding with an investigation involving a journalist.

It found the idea had merit, but came with a range of legal complexities.

Commissioner Kershaw said he supported the idea in principle, but "it's the how-to bit that is probably the more difficult component".

AFP not politicised, Commissioner says

In the wake of this week's Federal Court decision, ABC head of investigative journalism John Lyons contrasted the probe into the ABC with the now-abandoned investigation into Energy Minister Angus Taylor.

"After 18 months, we still have two journalists that face possible criminal charges," Mr Lyons said.

"I contrast this to Angus Taylor and what the AFP's treatment of him was — that case was over within weeks."

Earlier this month, the AFP decided to not pursue an investigation into Mr Taylor and his office, after the Minister used an allegedly forged document in a political attack against Sydney Lord Mayor Clover Moore.

But Commissioner Kershaw dismissed the comparison, saying the AFP was independent and the force had not been politicised.

"Minister Taylor's referral, from my information, was not relating to national security, [while] those other two matters are relating to national security," he said.

"I think there's a big difference between comparing those matters.

"As police … we follow the evidence and we gather evidence. I'm able to operate independently, as my officers are, and we haven't had any sort of political interference.

"We want to make sure that we focus on crimes, which is what we're here to do, enforce the law. And that's the lane that we need to stay in."