Dramatic move follows a series of revelations concerning the granting of visas to au pairs by the minister

This article is more than 1 year old

This article is more than 1 year old

Labor has sought to apply privilege to any documents or information seized as part of an Australian federal police search at the Department of Home Affairs headquarters, over leaks concerning Peter Dutton’s ministerial intervention in the case of two foreign au pairs.

The move means investigators must hand over any documentation taken as part of the search to the Senate Clerk, where it will be locked up until it can be examined by a Senate committee, to determine whether or not it meets the privilege guidelines.

If deemed to be privileged information, the documents will remain locked away and will not form part of the AFP investigation.

It is unknown what, if any documentation was seized during the Thursday morning search of the department’s Canberra headquarters, as investigators left through a side entrance, avoiding media camped outside.

Guardian Australia understands officers were searching personal devices and a workspace in relation to the possible leaks.

The AFP have been contacted for comment on the location of any documents.

During a Senate inquiry hearing into the au pair saga last month Labor senator Louise Pratt warned department boss Mike Pezzullo that an AFP investigation would have to take into account the parliamentary privilege of the committee.

Pratt said in a statement on Thursday: “Parliamentary privilege is an incredibly important principle that enables the parliament to hold the government to account, and it must be respected.”

The AFP has confirmed it received a referral from the Department of Home Affairs on 30 August 2018 regarding an unauthorised disclosure of information.

“The matter has been accepted for investigation,” the spokesman said.

“The AFP has undertaken enquiries and conducted a number of activities in relation to this investigation.”

The spokesman said as the investigation is ongoing, it would not be appropriate to comment further.

A source told the Guardian: “My assessment is that the department did an internal IT audit and found some information … the AFP is executing a cooperative warrant to get the evidence to continue its investigation and prosecution.”

Dutton last month narrowly avoided a no-confidence motion in parliament after a opposition-majority Senate inquiry found that he misled parliament about the saga.

Guardian Australia revealed in August that the minister granted visas to a French au pair connected to the relatives of the AFL chief executive, Gillon McLachlan, and an Italian au pair working for a former Queensland police colleague.

On 27 March, Greens MP Adam Bandt asked Dutton in question time to categorically rule out “any personal connection or any other relationship between you and the intended employer of either of the au pairs.” Dutton responded: “The answer is yes.”

Dutton in late August insisted he had not been in contact with the policeman for decades.

“I wouldn’t have spoken to that individual for 20 years,” he said.

The Italian woman had her visa cancelled upon arrival at Brisbane’s international airport on 17 June 2015. She was able to make a phone call and soon afterwards Dutton approved a new visa.

A leaked email chain showed immigration officials appeared to have scrambled on a Sunday to save the French au pair from deportation after the AFL boss had Dutton’s office alerted to her case on 1 November 2015.

A home affairs department spokesman said all inquiries should be directed to the AFP.