The Australian Federal Police (AFP) has declined to tell a Senate committee how many officers are examining a referral alleging Australians committed war crimes while serving with the Israel Defense Forces in Gaza.
Acting Assistant Commissioner Matthew Gale, of the AFP’s Cyber and Special Investigations Command, told a Senate Estimates hearing on Oct. 27 that the AFP received the referral on May 20 from Amnesty International Australia, the Australia Palestine Advocacy Network and the Australian Muslim Advocacy Network.
“This matter has been referred to my Special Investigations Command, and we’re reviewing the material that has been provided, and we will provide an update at the appropriate time,” he said.
The groups lodged the complaint with the AFP alongside the International Centre of Justice for Palestinians, which said the complaint was based on more than 130 eyewitness testimonies.
They asked the AFP to investigate any Australian dual nationals who took part in Israeli military operations in Gaza, including whether they may have committed war crimes or genocide under Australian law.
The groups said they were not seeking special legal powers, only that existing war crimes laws be applied consistently. None of the allegations has been tested in court.
AFP Says Staffing Levels Vary
Greens Senator David Shoebridge pressed Gale on how many officers had been assigned to the matter.
Gale said his command had two dedicated teams in Canberra and one each in Sydney and Melbourne, with war crimes among their responsibilities.
“These are actually quite complex and voluminous referrals that we have received,” he said. “They do take time.”
Deputy Commissioner Hilda Sirec then stepped in, saying the AFP would not disclose staff numbers because staffing levels vary depending on the needs of each investigation.
“But we have dedicated individuals involved,” she said.
Shoebridge then asked the AFP to provide, on notice, the hours spent on the referral so far and expected in future.
Australia has previously investigated alleged war crimes committed by its forces overseas.
A 2020 inquiry led by Major General Paul Brereton found credible information of 23 incidents involving the unlawful killing of 39 Afghan nationals by Australian special forces, and recommended that 36 matters be referred to the Australian Federal Police for criminal investigation.
Concerns Over AFP’s Freedom of Information Refusals
Questions over the information the AFP releases also arose earlier in the hearing, when Liberal Senator Jonathon Duniam said its rate of refusing freedom of information (FOI) requests had risen from 22 percent in 2021-22 to 40 percent in 2024-25.
Chief Operating Officer Katherine Van Gurp did not dispute the figures, saying there was no single driving reason.
She said the AFP received 1,162 FOI requests in 2025-26, a 9 percent rise on the year before, and the requests were growing more complex.
“We’re pro-transparency and pro-release, but obviously have to balance the national security considerations, particularly when there’s a current criminal matter or a current royal commission,” she said.
She said interest in the Bondi attack and other matters had led to more requests that were difficult to release.
Van Gurp added that despite the extra workload, the AFP was completing more FOI requests on time.
