Labor shadow minister for communications Stephen Conroy says Australian federal police raid is ‘an extraordinary attack on the parliament’

This article is more than 4 years old

This article is more than 4 years old

The Australian federal police has raided the Department of Parliamentary Services (DPS) at Parliament House on Wednesday, sparking a war of words between Labor and the government about the national broadband network (NBN).



Senior Labor shadow minister, Stephen Conroy, criticised NBN Co for a complaint to the police over the alleged leak of information about the NBN, labelling it an attempt to help Malcolm Turnbull “hide his incompetent administration of the NBN”.

The AFP is investigating a complaint NBN Co made in December over the alleged leak of confidential documents, which Conroy has said relate to delays and cost blowouts in the delivery of the NBN.

The investigation led to raids in May, during the election campaign, of Conroy’s parliamentary office and the home of a staffer.

At about 10am on Wednesday, several AFP officers were led by Conroy’s and DPS staff to a communications room in the basement of Parliament House.

The AFP confirmed in a statement it had executed a warrant in relation to the alleged unauthorised disclosure of Commonwealth information relating to the NBN Co.

The AFP said parliamentary privilege had been claimed over the material gathered and that it accepted the claim on Tuesday.

“All material seized during this warrant will be handled in accordance with the provisions and guidelines relating to parliamentary privilege,” it said.

Conroy has claimed parliamentary privilege over all correspondence between himself, staff and other shadow ministers’ staff in the course of their duties gathered in May and this fresh raid.

The material is being held in the safe of the clerk of the Senate, pending a Senate vote on Conroy’s claim for privilege over it.

Paul Karp (@Paul_Karp) AFP and Conroy's staff leave raid of dept of parliamentary services over alleged NBN leaks #auspol pic.twitter.com/tW3xe6H7U3

In a statement about the raid on Wednesday, Conroy labelled it “an extraordinary attack on the parliament and its constitutional duty to hold the government of the day to account”.

“We’re protecting the whistleblowers who have seen when anybody inside NBN Co has pointed to the fact the claims by the management and the government aren’t true, they’ve been sacked.”

NBN leak raids: Labor takes fight to assert privilege to Senate Read more

Conroy said parliamentary privilege is vital to prevent interference from the executive, to allow parliament “to scrutinise waste and maladministration even when the truth embarrasses the government”.



He said the information demonstrates “the government of the day is not actually achieving what it says in public”.

“This whole investigation is about covering up Malcolm Turnbull’s incompetent administration of the NBN ... it’s a $56bn project when he promised, before the 2013 election, it would be $29bn,” Conroy said.

“It’s massively blown out, and Malcolm Turnbull is desperate to keep that under wraps.”

He said that NBN Co’s complaint was “based on a claim that it is entitled to special protections from disclosure of information about its operations because it is part of the commonwealth”.

“However, this is contrary to its own enabling legislation which clearly and unambiguously states that NBN Co is not a public authority, not part of the commonwealth and not entitled to any of the immunities or privileges of the commonwealth.”

On ABC’s AM Conroy said there was therefore no lawful basis for the complaint, and challenged NBN Co to explain the basis for it.

The AFP responded that it is “satisfied that it is acting lawfully in accordance with relevant legislation and guidelines”.

At a press conference on Tuesday, Turnbull said he was “very disappointed” Conroy had “attacked the integrity of the AFP” for saying they were acting under political direction and illegally.

“He knows absolutely, as well as we do, that the AFP are thoroughly independent of the government.”

Turnbull did not answer a question about whether he and communications minister, Mitch Fifield, had been in contact with NBN Co board about the complaint.

He said the justice minister is usually advised of raids and had sent him a message late on Tuesday which he saw on Wednesday.

Fifield said on ABC’s AM that NBN Co was perfectly within its rights to call the AFP to investigate the alleged theft of commercially confidential documents.

Asked about the legality of the raid, Fifield said the AFP’s jurisdiction was a matter for the police, not members of parliament.

“Stephen Conroy has called for the [AFP] investigation to cease and desist.

“That is extraordinary, a member of parliament, the deputy leader of the opposition in the Senate, seeking to intervene in [an AFP] investigation.”

On Sky News, Fifield denied that NBN Co was behind schedule and over budget.

“The AFP have determined that it is [within their jurisdiction] ... It’s not appropriate for members of parliament to seek to heavy the AFP or seek to question the integrity of the AFP,” he said.

NBN Co told Guardian Australia that “like any company, NBN Co is completely within its rights to refer theft or other criminal matters to the police”.

“NBN Co referred a case of theft to the AFP in December last year.

“It is a matter for the AFP as to whether they accept the referral and pursue any matter, based on their own independent advice and judgment.”

At a press conference in Melbourne shadow attorney general, Mark Dreyfus, called on Turnbull to disclose all his dealings with NBN Co and its board, and his knowledge of the investigation.