Documents seized by Australian federal police during a raid on Parliament House three months ago as part of their investigation of allegedly leaked NBN documents are subject to parliamentary privilege and should be handed back, a committee says.

The house standing committee of privileges and members’ interests made the recommendation in its report published on Monday. If parliament accepts the recommendation, the AFP will not be allowed to access the seized documents and they will have to be returned.

It is the latest twist in the drama surrounding the AFP’s NBN Co investigation. The AFP is investigating a complaint made by NBN in December over the alleged leak of documents, which the former Labor senator Stephen Conroy said related to delays and cost blowouts in the delivery of the NBN.

The AFP has conducted two raids on political offices this year. The first was in May, during the election campaign, when Conroy’s parliamentary offices in Melbourne and a house on Allan Street in the Melbourne suburb of Brunswick were raided.

The second occurred on 24 August this year when the AFP raided offices of the Department of Parliamentary Services (DPS) in Parliament House in Canberra, seizing material belonging to a staff member of the Labor MP Jason Clare.

Monday’s parliamentary committee report relates to the second raid.

The day before that raid, the AFP had informed Clare of its intention to execute a search warrant on DPS offices and Clare told them he would claim parliamentary privilege for all material seized.

After investigating the incident, the committee says it believes the seized material belonging to Clare’s staff member was subject to parliamentary privilege.

The committee has six Liberal members and five Labor members. There were no dissenting reports.

It recommends that the house accept its recommendation and that the AFP be advised of the ruling. Parliament could be asked to vote on it this week.

“I’m hopeful that parliament can resolve this matter this week because it provides important guidance on the operation of privileges in the commonwealth parliament,” said Labor MP Pat Conroy, the deputy chair of the committee.



A spokeswoman said the AFP was aware of the committee’s recommendation. It was still waiting for the outcome of a separate Senate inquiry into the first raid in May.

“While this investigation is ongoing, it would not be appropriate to comment further at this time,” she said.



A spokeswoman for NBN Co declined to comment.

Clare’s claim of parliamentary privilege was the first time such a ruling had been sought from the house after the execution of a search warrant under the AFP national guidelines.

If parliament does not vote on the matter this week – its last for the year – the documents seized by the AFP will stay with the clerk of the house until parliament meets next year.