James McGrath (Queensland, Liberal National Party, Shadow Assistant Minister to the Leader of the Opposition) Share this | Hansard source

McGRATH () (): I present an interim report of the Joint Standing Committee on Electoral Matters on the conduct of the 2022 federal election, and I move:

That the Senate take note of the report.

Australia's position as a successful democracy is reliant on a robust electoral system. Australia's successful electoral system and related institutions have been developed over many years. They are trusted by Australians, who understand that they are independent, impartial and non-partisan. The electoral system and related institutions protect the democratic rights and freedoms of all Australians. It is critical that any changes made to Australia's existing electoral system are made to improve our democracy for all. They must not be motivated by partisanship.

The coalition will not support any changes that favour a particular political party or cause. The coalition believes that any proposed electoral changes should be assessed on the following principles: equal treatment of all political participants; fair, open and transparent elections; encouragement of political participation without fear of retribution; and recognising freedom of thought, belief, association and speech as fundamental to free elections.

The coalition believes that those who join or actively support political parties, like those who support civil-society movements or not-for-profit organisations, do so on the basis of sincerely held beliefs and a genuine desire to participate in their democratic society. Members of established political parties are not less worthy than those who support other forms of political communication movements or civil-society causes.

In addition, changes to regulations at federal and state levels of government have increased the regulatory burden on political parties, making it harder for active grassroots participation. This is not a good outcome for democratic participation in Australia. Financially stable political parties with active memberships representing the broad political spectrum are important foundations for a healthy democracy. The governing legislative and regulatory framework for political parties should ultimately encourage grassroots participation, not make it harder.

The recommendations of the coalition members of the Joint Standing Committee on Electoral Matters are about improving Australia's democracy and making it easier for everyday Australians to be actively involved in politics. What I will do is to go through the proposed recommendations from the coalition members of the Joint Standing Committee on Electoral Matters. The first recommendation is:

The Coalition members of the Committee recommend that the Electoral Act be amended to allow for the obligations of Registered Political Parties to be applied to independent candidates where the Australian Electoral Commissioner believes those candidates are conducting their activities in a manner consistent with a Registered Political Party.

Our report goes on to say:

It has been recognised through the course of the Committee's inquiry that the 2022 Election saw a series of successful independent candidates, now known as the Teal Party, contest a number of seats.

There has been evidence presented to the Parliament, and through this inquiry, that suggests that this was done, in part, as a coordinated effort and that this coordination was either not presented in a transparent manner, or was unable to be categorised under the current electoral law.

It is concerning that allegations of this activity were made, while the candidates in question claimed to be unaffiliated independent candidates.

The statement from Teal members of parliament and candidates that they are not a political party is as offensive as it is wrong. Creating a level playing field between established political parties and the Teal Party will ensure equal treatment and limit the ability of 'political players' to game the system.

Our second recommendation is:

The Coalition members of the Committee recommend that the Government give consideration to the adequacy of the current electoral regulatory framework to nominate as a candidate at a Commonwealth election, and in particular any measures that could be implemented to strengthen the integrity of the system.

Our report goes on to say:

The Committee, and the Parliament more broadly, has heard evidence in relation to the ability for the nomination of large numbers of candidates for election that create burdens on electors, barriers to entry for some candidates or parties, and the potential for candidates to be utilised purely for preference distribution.

It is imperative that electors are provided a choice of candidates that is reflective of the community support and that the system of nomination is transparent and effective.

Our third recommendation is that the pre-poll period be limited to:

… a maximum of one week prior to election day and that the Australian Electoral Commission provide parties and candidates with the earliest possible advice about prepoll locations.

The report goes on to say:

The reason for the proposed reduction is twofold. Firstly, a reduction in the length of the pre-poll period would sizeably reduce the administrative burden on both the AEC and election candidates. Secondly, reducing the length of the pre-poll period would also allow for voters to make their voting decisions with the most current information.

Our fourth recommendation relates to the intimidation of voters. In particular, we recommend:

… that a new offence of 'electoral violence or intimidation' be added to the Electoral Act. This amendment is fundamental to address behaviour arising in an election such as violent, obscene or discriminatory abuse, property damage, and stalking candidates or their supporters to intimidate them or make them feel unsafe.

It goes on to say:

No one should feel unsafe while participating in our democratic process.

Over an extended period, the Committee and the Parliament has been presented evidence that political volunteers and supporters have been subject to politically motivated abuse, violence or harassment. The strength of our electoral system rests on the contestability of ideas and the presentation of that contest to electors. But this contest must be safe for the participants engaging in it. There is no greater importance than securing this contest in the electoral system for the ensuring of free and fair elections.

Our fifth recommendation is that the AEC should return all electoral practices to pre-COVID standards. It goes on to say:

Following the removal of any restrictions that were placed upon electors who are participating in Commonwealth elections relating to the COVID-19 pandemic, the Coalition members of the Committee believe there is no justification for any measures that were put in place to ensure the conduct of pandemic-elections …

The sixth recommendation is:

The Coalition members of the Committee recommend that vote counts after polling day for each electorate should be carried out in the electorate itself, not transported considerable distances.

The Coalition members of the Committee strongly support the counting of votes in locations within local electorates as far as possible. The Commission made extensive comment about their support for local campaign workers in the electoral process, including the scrutiny of the vote.

By removing votes for counting at other and distant locations, campaign workers who are unable to travel for those counts do not have the ability to participate in the scrutiny of their local electorate. This is an important part of the democratic process, and the Australian Electoral Commission should recognise and support that participation, particularly at the point of scrutiny of the vote after polling day.

The coalition members of the committee also made a number of comments in relation to the substantive report and its recommendations by the government members of the committee. While I do not have time to go through those, I would say that the coalition will not be supporting any changes that seek to impose a financial gerrymander on the Australian electoral system, a financial gerrymander that would benefit one side of politics at the expense of the other.

We would call upon electoral reforms to be reforms that are consistent with the four principles that I outlined at the beginning of my speech—that is, that there should be equal participation for all participants and that participation should be fair; that there should be open, transparent and fair elections; that people should be encouraged to participate without fear of retribution; and that we should recognise freedom of thought, belief, association and speech as fundamental to free elections. We will be using those four principles in any discussions we have with the government regarding any reforms that they bring forward following the presentation of this interim report of the Joint Standing Committee on Electoral Matters.