Police and politicians: What happens when MPs are referred to the AFP?
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The Human Services Minister has been referred to the Australian Federal Police, but what does this actually mean? ABC News political correspondent Stephanie Anderson explains.
What has happened?
Labor MP Linda Burney has asked the Australian Federal Police (AFP) to determine whether Human Services Minister Alan Tudge broke the law by disclosing a welfare recipient's personal information to a journalist.
Mr Tudge and his department have said the disclosure was legal according to section 202 of the Social Security Act 1999 and section 162 of A New Tax System Family Administration Act 1999.
This kind of move is not unprecedented — in fact, Labor did the same thing to Liberal backbencher Stuart Robert last year.
And just because someone has been referred to the AFP, doesn't mean it will result in an investigation or charges.
What do the police do?
In determining whether an investigation is accepted or rejected, federal police consider the impact the referral may have on Australian society, the resources needed for an investigation and the overall importance of the matter.
Matters of a "politically sensitive nature" may also be raised with the Minister for Justice — currently Michael Keenan — but the minister does not have the power to either approve or dismiss an investigation.
Even if an investigation goes ahead, they can be dropped — which is what happened to former frontbencher Mr Robert.
What do the politicians do?
This part varies.
In 2015, former MP Mal Brough resigned from the frontbench due to an ongoing investigation over the alleged copying of the diary of former speaker Peter Slipper.
Mr Brough, who had been special minister of state and minister for defence materiel and science, said he would step down while the investigation was ongoing, but announced one month later he would step down from politics altogether.
Mr Robert, who was referred to the AFP by Labor in 2016, had already resigned from the frontbench before the police were involved.
Last year, LNP MP George Christensen was referred to the AFP by the Australian Electoral Commission (AEC) over "bribery concerns".
Mr Christensen had promised to personally donate $12,000 to a turtle rescue centre in Queensland's Whitsundays if he was re-elected, prompting a complaint to the AEC from left-leaning activist group GetUp.
Mr Christensen laughed off the referral as a "joke", but withdrew the pledge.
Topics: government-and-politics, federal-government, law-crime-and-justice, police, australia
