Attorney won't rush decision on journalist

The Australian Federal Police has recommended prosecutors consider charging journalist Dan Oakes over a leak that provided material for the ABC's Afghan Files report.

The report revealed allegations of possible war crimes by Australian special forces soldiers in Afghanistan.

Labor has called on Mr Porter to refuse consent for the prosecution.

A spokesman for Mr Porter said the attorney-general was on the record as being "strongly disinclined" to have journalists prosecuted.

"This is currently a matter for the CDPP which is required to independently assess matters put before it and that includes applying a public interest test before it can request consent from the attorney-general," the spokesman said.

"It's not appropriate for the attorney-general to pre-empt his consideration of any matters which may ultimately be put before him."

Law Council president Pauline Wright says law reform is urgently needed when it comes to the formal investigation of journalists suspected of breaching secrecy rules.

Changes should include search warrants being issued by judges of a superior court of record, a statutory "public interest test" when considering such warrants, and a public interest advocate or monitor to contest search warrants relating to journalists.

"We need a proper review of Australia's laws to ensure journalists do not face the risk of prosecution for doing their job," Ms Wright said on Friday.

"Disclosures of classified information should only be criminalised if it causes real harm to national security and 'harm' must be clearly defined as more than simply embarrassment to the government."

Labor leader Anthony Albanese said the attorney-general should step in.

"The prosecution, potentially, of an ABC journalist for doing their job, for telling Australians what is in the public interest, is an outrage," he said.

"Freedom of the press is not something that can be a matter of convenience."

Australian Associated Press