Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Hansard source

It's a delight to be able to make a contribution to the debate on the Referendum (Machinery Provisions) Amendment Bill 2022. As anyone who's watching, all seven people out there across Australia, can see, it is an issue that invokes a high degree of interest and much passion on the part of many of our colleagues across the spectrum of views that we have seen expressed throughout this debate. I think it is important, though, for us to remember that what we're debating here is slightly removed from, but not completely removed from, what the referendum will be about—the question and details of which we are yet to be provided.

This is about establishing the mechanism to be able to ask the question, and I think it's important that we do try our very best to focus on that as much as we can, although, as we've heard from our last speaker and through many of the other contributions throughout this debate—and well made they have been, I say to Senator Rennick—it is an issue that brings out a passion in the debate in our democracy, which is a wonderful thing. I'm pleased to see the interactions we've been having here in the chamber. It's been a source of much entertainment for many of us, but it is a serious matter.

Of course, here in Australia, in the lucky country, as we are often referred to—it being free and democratic—we have to have the ability to: make informed decisions based on all the information; make the right decision based on our circumstances and what we believe to be right or wrong; and impose our values framework over whatever decision we are making and reach a conclusion. That's essential for us to be able to get to the right outcome. Whoever they are, every single individual in this country has an equal right to make the case for what they believe in and cast a vote or make a decision in accordance with that will.

Having a process that enables us to do that, which is underpinned by integrity, is also essential. If you have an absence of either of those characteristics—full information being provided or a process underpinned by integrity—then you're going to undermine everything that is good and wonderful about this democracy, which we take for granted in this country: both the processes related to democracy, including elections, referenda and plebiscites and the institutions that are built upon them as well, including our state and federal parliaments.

It is important to highlight that I think we have taken these things for granted as a country, because, frankly, we've known nothing else in the years since our Federation. Yes, many of those who came before us have fought wars, and we've seen terrible things happen overseas in other jurisdictions, but here in Australia we have not had to face the terrible situations of dictatorship and loss of liberty in the way that we have seen in other countries. That is because we have a strong and functioning democracy.

That's underpinned by one thing, and that is our Constitution. It's something that we need to guard, and we need to make sure that when changes are made they are made properly, for good reason and with full information and that they are underpinned by a process of integrity, as I said before. We want to make sure that we protect the processes around the alteration of this foundation document—the thing that so many people lost their lives fighting to protect because they believe in it—and the end product that is delivered. Australians expect us in this place—in the other place and here in the Australian Senate—to make decisions that are in accordance with protecting this foundation document, our democratic processes and our institutions.

I think it's important to highlight, as a number of my colleagues have, a couple of concerns there are with the legislation. I don't want that to be conflated in any way with the suggestion that there is a desire to deny people the right to have their say on an important issue. Where people stand on the ultimate question that will be asked in the referendum is, as I said, not de-linked but separate to the debate we are having here. I don't want anyone to look at our expressing concerns here today and our wanting to make sure that the process that underpins the mechanics that will enable this referendum to take place has integrity—questioning those things and wanting to make sure that they are the best possible standard, the standard Australians are expecting us as a parliament to deliver—and say, 'They're trying to deny us the opportunity to have our say.' I'll come to those particular concerns and itemise those shortly and also refer to some of the points that were made in the Joint Standing Committee on Electoral Matters that had a quick look at this legislation.

This is not a trivial matter. In making changes to the Australian Constitution and to the process that leads to making those changes it is incredibly important to make sure how it is administered is fair, transparent and even-handed. The laws relating to communicating information, the organisations that communicate information are all there on an even playing field, and transparency—I think all of those things need to be front and centre as we move forward through this debate. As previous speakers who have participated in this debate have indicated, it is something that invokes a high level of passion and interest. It is something that I'm sure Australians—and there are not many tuned in tonight—will take a high degree of interest in over time.

I turn to the issues that the coalition have indicated they would like to see addressed with regard to the progression of this bill. There are three key areas. The first one is the restoration of a pamphlet to outline clearly and directly the 'yes' and 'no' campaigns as we head toward a referendum. That is something that has been in place in every referendum, as far as I'm aware, since 1912—a good 91 years ago. The second is the establishment of official 'yes' and 'no' campaign organisations so that we know who we're dealing with and how to apply the rules and we make it easier for the AEC to administer the laws related to campaigning, disclosures et cetera. Of course, then there is ensuring that appropriate funding is available to each of the organisations that I've just mentioned—the official 'yes' and 'no' campaign organisations. Having that arrangement and establishment in place is essential. As I said before, one of the vital characteristics to ensuring we preserve democracy in the way that we thrive and depend upon is to have a process based on integrity and where voters are fully informed through the process we're setting up today through this legislation.

I turn to the first of the issues though—the restoration of the pamphlet to outline both the 'yes' and the 'no' campaigns. It is welcome that the government have indicated that they will re-establish the provision of the pamphlet to Australian households to outline what each campaign is arguing for or against. It is essential that people are fully informed. This is the first arm of the issues I talked about before. I might turn to the Joint Standing Committee on Electoral Matters Advisory report on the Referendum (Machinery Provisions) Amendment Bill 2022. I'll go to the remarks of some of my colleagues in the dissenting report by coalition members and senators. There are a number of recommendations contained within it, and it provides a good overview. In terms of the pamphlet, I think it is important to look at some of the comments of entities that were interested in and involved in this process, starting with—and I know others have referred to this—the Central Land Council, which:

Noted that the failure to provide a physical, posted pamphlet in remote areas would almost certainly leave people (in particular older Australians and Elders) without reliable access to information regarding the referendum question, especially given the barriers to telecommunications in regional communities.

That was based on a submission from the Central Land Council. We also had references to the same problem from Dr Shireen Morris, the Australian Monarchist League, Professor Anne Twomey and others in the submissions they provided to that committee.

The Australian Electoral Commission said that its research:

… shows that 40 per cent of people still rely on and use the guide posted to households as their primary source of information.

These are the people who administer these processes where we seek to have Australians fully informed—the process to do that is by way of a pamphlet—and they are the ones who also administer the process of counting the votes with integrity. The IPA, the Institute of Public Affairs, also argued:

… that the official pamphlet plays an integral role in setting the tone of a referendum debate and helps to ensure an "open and fair exchange of ideas in which no side is demonised".

I think that is important. I think this idea of a free and frank exchange of views and ideas in this democratic country where pluralism is endorsed is a good thing. It is great that the government have said: 'You know what? The pamphlet is back on. That's going to go ahead.' Let's hope that that remains the case and that we do see, at the end of the day, a proper set-up where we will have a proper, fully informed debate by way of, at the very least, a pamphlet provided to Australians in the form that those entities—the Central Land Council, the AEC, the IPA and others who made submissions to that inquiry—have requested.

Having some established 'yes' and 'no' campaigns properly recognised and properly organised is a very important part of any referendum. The history that has been gone through at quite some length throughout this debate has outlined how this has formed the basis of any successful referendum in the past. Indeed, any government willing to make sure that Australians are taken on the journey of change would ensure that these provisions are a part of what they take forward. As the dissenting report of the coalition members and senators said in paragraph 1.26:

The absence of official campaign entities is of concern when considering the implementation and enforcement of modern electoral regulations on donations and foreign interference.

It also says:

The regulatory auditing process to administer these regulatory schemes would be assisted by having official campaigns to provide a starting point for enforcement and education by the AEC.

If we don't have official organisations established, who is responsible and who does the AEC pursue in the event of breaches of electoral law? If we don't have these entities established, then how do we ensure that the process has integrity? There will be myriad entities out there entering into the fray and making their views known, and they may be, sadly, in breach of the law. How is the AEC going to have the resources to pursue all of this, and what do we do if there is the implication that the outcome has been tainted by the fact that there has been a huge increase in breaches of electoral law because of the number of entities out there—because we don't have recognised official entities—breaching well-established electoral laws, particularly as they relate to a referendum?

The third issue that was raised in the dissenting report was around public funding of official 'yes' and 'no' campaigns. Again, if we don't have that and we don't have some clarity around the provision of this funding, then there will be this increased and incredibly more likely dependence on private funding from vested interests, which will invariably dominate debate. The dissenting remarks in the committee report also made it very clear, at paragraph 1.33, that those sorts of vested interests and the information they may disseminate 'would undoubtedly compromise the quality and reliability of referendum information available to Australians, negatively affecting voters' ability to make informed decisions'. One of the key elements to a successful outcome here is the ability of Australians to make an informed decision, with all the facts on the table before them.

So there are a range of issues that need to be addressed to make sure the very important decision we are about to ask Australians to make by way of a referendum, should this legislation pass, is made properly. We need to ensure that the elements I have outlined here, which other coalition members and senators have outlined and which the dissenting remarks in the report point to, underpin (1) the capacity of Australians to be informed as we make this incredibly important decision, and (2) the integrity of the process we have as a vehicle for making this decision. I hope the government heeds these calls and that we have a proper process before us.