“The Australian Federal Police has referred a brief of evidence to the Commonwealth Director of Public Prosecutions (CDPP) for assessment,” an AFP spokesperson told BuzzFeed News on Tuesday.

“The matter relates to an investigation into the alleged unauthorised disclosure of information concerning search warrants executed in support of a Registered Organisations Commission investigation.”

A spokesperson for the CDPP confirmed a full brief of evidence from the case was handed over on Monday.

“The brief will now be assessed in accordance with the Prosecution Policy of the Commonwealth to determine if a prosecution should be initiated,” the CDPP said.

Internal AFP documents published by BuzzFeed News reveal police have been investigating the offence of “unauthorised disclosure of government information”, which carries a maximum two-year jail term.

Under Australian law: “A person who publishes or communicates, without lawful authority or excuse, any fact or document which came to his or her knowledge, or into his or her possession, by virtue of being/or having been a Commonwealth Officer, and which is not his or her duty to disclose, commits an offence.”

The AFP and CDPP told BuzzFeed News they couldn’t answer any further questions as the matter is still under investigation.



At a case management hearing on Tuesday morning regarding the ongoing Federal Court challenge by the AWU into the “improper political purpose” of the raids, the AFP sought to maintain its claim of public interest immunity for another four weeks.

The AFP has maintained a claim of public interest immunity (PII) since its investigation began on Oct. 25, allowing police to refuse to answer questions or provide documents on the grounds that it may be prejudicial to its ongoing inquiries.

Lawyers for the AFP have requested a four-week extension on its claim of PII, as its investigation has not been completed.



The trial date, set for Sept. 3, is expected to be adjourned.

The AFP previously indicated to the court it expected its investigation would be concluded by the end of July. It has now been running for over 10 months.

The union has successfully argued its Federal Court challenge be delayed until it can be granted access to three confidential AFP affidavits relating to the raids, which have only been seen by the police and a judge. This can only happen after the AFP’s investigation is complete.

