Media Releases

JSCEM Fails on Funding and Disclosure Reform [10th Oct, 2005]
by Senator Andrew Murray


The Joint Standing Committee on Electoral Matters Report into the 2004 election fails to confront political governance, political donations and disclosure, according to the Australian Democrats.
The Democrats today welcomed the report but expressed concern that important political accountability issues were only substantially addressed in the Democrats 40-page Supplementary Remarks. (See Table for Democrat Recommendations)
"It must be stated that I support the Report as a whole, although I do oppose or qualify a few recommendations. The main problem with the Report is its failure to advocate a much better funding and disclosure regime," Democrats Electoral Matters spokesperson Senator Murray said.
"The funding and disclosure regime needs tightening. It is said that the squeaky wheel gets the grease. I am beginning to question this proverb as the Committee has failed to pursue these matters to their conclusion despite successive references by the Senate to the committee over several years.
"This failure to act reflects a political cultural problem where inertia is encouraged by a fear that reform will hurt self-interest. The institutional self-interest of political parties and their party organisations often acts against reforms to political governance and funding disclosure being adopted or advocated. Getting such reforms adopted by governments is hard work. That should not deter political initiatives to progress reform and in this respect the Committee's report is a missed opportunity.
In broad terms, Senator Murray said the Chair and the committee deserve congratulations for initiating real debate on parliamentary terms, voluntary and compulsory voting, voting systems, and modern campaigning.
"The Democrats strongly support compulsory voting. Our policy is to support fixed terms and four-year terms for the House of Representatives. That means that Senators' terms would move from six years to eight years.
"However, after all is said and done, I suspect a lot more may be said than done," Senator Murray concluded.


Table 1 Summary of Democrat Recommendations
1 Political governance
1.1 That political parties be brought under an accountability regime that includes a written publicly available constitution which must contain certain matters; protects the equal rights of members; and allows for regulatory oversight.
1.2 That the JSCEM inquire into branch stacking and pre-selection abuses in political parties.
1.3 That the Commonwealth Electoral Act 1918 be amended to ensure that the principle of one vote one value for internal party ballots be a prerequisite for the registration of political parties.
1.4 That the Commonwealth Electoral Act 1918 and the Workplace Relations Act be amended as appropriate to ensure democratic control remains vested in the members of political parties.
2 Constitutional reform
2.1 That the dates of elections be fixed and preset by legislation; that if a four-year term for the House of Representatives is to be put to the people as a Referendum question that research be undertaken to determine support for fixed four-year terms; earlier closure of the Electoral Roll can only result following the implementation of fixed election terms.
2.2 That subsection 394(1) of the Commonwealth Electoral Act 1918 be repealed.
2.3 That a referendum be held to alter the applicability of s44 of the Constitution.
2.4 That the Government review the potential for a Charter of Rights and Responsibilities to be introduced in Australia.
2.5 The Commonwealth Electoral Act 1918 be amended to give all persons in detention, except those convicted of treason or who are of unsound mind, the right to vote.
3 Government advertising
3.1 The Commonwealth Electoral Act should be amended to prohibit inaccurate or misleading statements of fact in political advertising, which are likely to deceive or mislead.
3.2 That blackout provisions in the Caretaker period for all non-essential government advertising be extended to cover the time from the July 1 date preceding the earliest likely date for the House of Representatives and the half-Senate election.
3.3 That mandatory standards be adopted in relation to government advertising, policed by an appropriate oversight body.
4 Funding and disclosure
4.1 No media company or related entity or individual acting in the interests of a media company may donate in cash or kind to the electoral or campaign funding of a political party.
4.2 All electoral and campaign funding is subject to a financial cap, indexed to inflation and controlled by the Australian Electoral Commission. Section 294 of the Commonwealth Electoral Act 1918 should be amended to this end
4.3 No entity or individual may donate more than $100 000 per annum (in cash or kind) to political parties, independents or candidates, or to any person or entity on the understanding that it will be passed on to political parties, independents or candidates.
4.4 The donations loophole be closed that allows nine separate cheques to be written at a value just below the disclosure level, made out to the separate federal state and territory divisions of the same political party.
4.5 Additional disclosure requirements to apply to Political Parties, Independents and Candidates for fundraising and political donations.
4.6 Additional disclosure requirements to apply to political parties that receive donations from trusts or foundations. Should be obliged to return the money unless predetermined declarations of interest and/or relationship are made.
4.7 Political parties that receive donations from clubs (greater than those standard low amounts generally permitted as not needing disclosure) should be obliged to return these funds unless full disclosure of the true donors identities are made.
4.8 Donations from overseas entities must be banned outright. Donations from Australian individuals living offshore should be permitted.
4.9 The Commonwealth Electoral Act 1918 should specifically prohibit donations that have strings attached.
4.10 The Corporations and Workplace laws be amended so that shareholders and members of registered organisations are required to periodically approve company or union political donations policies.
4.11 Where the Australian Electoral Commission conducts elections for registered and other organisations, the same provisions governing disclosure of donations for political organisations should apply.
5 Other matters
5.1 That the JCSEM initiate a cooperative inter-state consultation process to find ways to make how-to-vote laws and regulations as consistent as possible across all Australian parliamentary jurisdictions, and to take an early opportunity to trial, at a by-election, systems of displaying how-to-vote material inside polling booths.