Reports suggest an agency other than the AFP supported raids on journalists.

Documents obtained by Centre Alliance Senator Rex Patrick under Freedom of Information (FOI) show the AFP held back certain documents relating to the June 6 raid on ABC offices, because they related to an agency of the Federal Government which is exempt from FOI.

Subsection 7 (1) of the FOI Act outlines agencies that are exempt from releasing data - including the Australian Security Intelligence Organisation (ASIO), the Australian Signals Directorate (ASD) and the Australian Secret Intelligence Service (ASIS).

Senator Patrick says the fact that subsection 7 (1) was used by the AFP shows that another government agency was involved.

Given the duties of the agencies exempt from FOI, their involvement could raise the significance of the raids to a new level.

The story that led to the raid on News Corp journalist Annika Smethurst’s house related to a push by the Federal Government to give ASD more power to monitor the communications of Australians.

Senator Patrick believes the other agency was either ASIO or the Australian Signals Directorate.

The documents that the AFP did release included “media talking points” for the then-acting head of the AFP, Neil Gaughan, to tell reporters when discussing the raids. The talking points are accessible in PDF form, here.

The notes included a prepared answer if Mr Gaughan was asked why the Press Gallery office of Annika Smethurst was not searched, but her home was: “During the investigation, we obtained information that led us to believe evidence may be located at the (Canberra) residence,” he was invited to say.

Mr Gaughan was also given advice on answering questions about the ABC warrant that gave the AFP power to “add, copy, delete or alter” material.

“When interacting with a computer there is [sic] always unintended changes made during the identification and collection of digital information,” the notes suggested.

Senator Patrick said it is a concerning development.

“The documents released under FOI show that the AFP raids were targeting journalists as much as the sources of alleged leaks,” he told the ABC.

“Despite the AFP's protestations that they support journalistic freedom, there can be no doubt that they intended to send a message to the press.

“Significantly the AFP chose not to obtain journalist warrants to search journalists' metadata, and instead proceeded direct to obtain search warrants from court authorities more likely to rubber-stamp their applications. In doing so the AFP deliberately avoided having to pay a highly qualified Public Interest Advocate to examine the merits or otherwise of their investigation and argue against the grant of a warrant.

“All these matters need to be examined not only by the current inquiry by the Parliamentary Joint Committee on Intelligence and Security, but also through rigorous questioning of the AFP and Home Affairs through the Senate estimates committee process. I, for one, have a long list of questions which I will seek answers to.”