Tony Smith (Speaker) Share this | Hansard source

I say to members: I'm giving this update as a courtesy—members on my right—and it would be in all their interests to listen to the entire statement. Let me repeat: the implementation would need to be complete prior to the writs being issued because nominations open as soon as writs are issued, at which time candidates can start nominating. This is, in part, to accommodate the requirements of the Electoral Commission but, more importantly, so that all candidates in the forthcoming by-election—all candidates—have sufficient time to comply with the new requirements.

Turning now to the date for the by-elections, the Electoral Commissioner has advised me that there is a complication of the school holiday period affecting all four states subject to by-elections, extending across a three-week period from 30 June to 21 July. Although, as the commissioner advises, it is possible to hold by-elections in the school holiday period, it does create additional difficulties for voters and risks disenfranchisement and low turnout. Let me say this is particularly—particularly—the case in by-elections, for, whilst in a general election there are significant absentee voting opportunities outside the electorate in which a voter resides, in by-elections there are not. If there is to be a single date for all by-elections and the school holidays are to be avoided, this pushes the next possible date to 28 July. Although the Electoral Commission—

Honourable members interjecting—

Members on both sides! Members on my right! The member for Bendigo! I say to those members interjecting: the majority of members are seeking to listen to my statement. Although the Electoral Commission would not usually provide advice about a preferred date, I can advise members on this occasion the Electoral Commissioner has advised that 28 July is the optimal date. As the commissioner notes in his advice to me: 'This achieves three things. It provides sufficient time for the AEC to implement the changes'—

Mr Dreyfus interjecting—

The member for Isaacs is warned. The commissioner's advice states: 'It allows sufficient time for the AEC to implement the changes, enables prospective candidates to comply with the new requirements and ensures that voters are not disenfranchised.' I consider it is prudent in the current circumstances that I follow this advice and allow time for the changes related to section 44 to be implemented and avoid the by-elections taking place in the school holidays. I, therefore, propose to accept the commissioner's recommendation for the optimal date of 28 July. I will consult with the AEC about the date to issue the writs and the relevant dates for the by-elections and will advise the House when the dates have been settled.

One very important consideration for me has been that this will not impact on the elected members' ability to take up their seats in the House at the earliest opportunity because of the break in the sittings from 28 June until 13 August. The earliest date that any elected members could now take their seats regardless of the date for the by-elections is the resumption of the sittings on 13 August. Because of the particular nature of the issues surrounding these by-elections, I'm going to table the advice I've received from the Electoral Commissioner. There are two pieces of correspondence from the Electoral Commissioner, one dated 17 May 2018 and a further, updated letter of 23 May 2018, and this is not a precedent for the tabling of such advice by Speakers in the future.

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