Paul Calvert (President) Share this | Link to this | Hansard source

Pursuant to standing orders 38 and 166, I present documents listed on today’s Order of Business at item 14 (a) to (e) which were presented to the President, Deputy President and temporary chairs of committees since the Senate last sat. In accordance with the terms of the standing orders, the publication of the documents was authorised. In accordance with the usual practice, and with the concurrence of the Senate, I ask that the government responses be incorporated in Hansard.

Leave granted.

The list read as follows—

(a)

Committee reports

(1)

Employment, Workplace Relations and Education Legislation Committee—Report, together with Hansard record of proceedings and documents presented to the committee—Provisions of the Independent Contractors Bill 2006 and the Workplace Relations Legislation Amendment (Independent Contractors) Bill 2006 (received 25 August 2006)

(2)

Economics Legislation Committee—Interim report—Provisions of the Tax Laws Amendment (2006 Measures No. 4) Bill 2006 (received 31 August 2006)

(b)

Government response to parliamentary committee report

Joint Standing Committee on Electoral Matters—Report—The 2004 federal election: Inquiry into the conduct of the 2004 federal election and matters related thereto (received 31 August 2006)

(c)

Government document

Office of the Gene Technology Regulator—Quarterly report for the period 1 January to 31 March 2006 (received 22 August 2006)

(d)

Report of the Auditor-General

Report No. 1 of 2006-2007—Performance Audit—Administration of the Native Title Respondents Funding Scheme: Attorney-General’s Department (received 30 August 2006)

(e)

Returns to order

(1)

Statements of compliance with the continuing order of the Senate of 30 May 1996, as amended on 3 December 1998, relating to indexed lists of files:

• Commonwealth Ombudsman (received 22 August 2006)
• Department of Foreign Affairs and Trade (received 23 August 2006)
• Employment and Workplace Relations portfolio agencies (received 28 August 2006)
• Department of Communications, Information Technology and the Arts (received 28 August 2006)
• Department of Families, Community Services and Indigenous Affairs received 30 August 2006)

(2)

Statements of compliance with the continuing order of the Senate of 20 June 2001, as amended on 27 September 2001 and 18 June, 26 June and 4 December 2003, relating to lists of contracts:

• Transport and Regional Services portfolio agencies (received 23 August 2006)
• Attorney-General’s portfolio agencies (received 24 August 2006)
• Environment and Heritage portfolio agencies (received 25 August 2006)
• Finance and Administration portfolio agencies (received 29 August 2006)
• Industry, Tourism and Resources portfolio agencies (received 30 August 2006)
• Families, Community Services and Indigenous Affairs portfolio agencies (received 30 August 2006)
• Treasury portfolio agencies (received 31 August 2006)
• Human Services portfolio agencies (received 31 August 2006)
• Prime Minister and Cabinet portfolio agencies (received 31 August 2006)

Ordered that the report of the Employment, Workplace Relations and Education Legislation Committee be printed.

Ordered that the final report of the Economics Legislation Committee on the provisions of the Tax Laws Amendment (2006 Measures No. 4) Bill 2006, be presented on 4 October 2006.

The government response read as follows—

Government’s Response to the Report of the Joint Standing Committee on Electoral Matters: The 2004 Federal Election: Report of the Inquiry into the Conduct of the 2004 Federal Election and Matters Related Thereto

Recommendation 1

The Committee recommends that the Commonwealth Electoral Act be amended to require that electoral enrolment forms, AEC reply paid envelopes and enrolment promotional material be prominently displayed at all times in every Australia Post, Medicare, Centrelink and Rural Transaction Centre outlet, including any agency or sub-agency, to encourage electors and potential electors to meet enrolment obligations. Further, all such material should be displayed without fee to the Commonwealth.

Response

Supported in principle, subject to the satisfactory resolution of legislative, financial and contractual issues associated with the requirement that the material be displayed at no cost to the Australian Government. The Australian Electoral Commission (AEC) will undertake relevant negotiations.

Recommendation 2

The Committee recommends that:

• the AEC formulate, implement and report against a detailed, ongoing, action plan to promote and encourage enrolment and voting among persons and groups experiencing difficulty because of social circumstance; and
• that such persons and groups should include, but not be limited to, homeless and itinerant persons, illiterate persons, persons with disabilities and residents of isolated and remote areas;
• the AEC consult with and consider the views of organisations and groups representing homeless and itinerant persons, illiterate persons, persons with disabilities, residents of remote localities, and other appropriate bodies, to formulate appropriate strategies, programs and materials for use when the action plan is implemented;
• the AEC report back to the Committee prior to the next Federal Election with details of its action plan and implementation strategies;
• where appropriate, adequate funding be provided to enable the AEC to develop, implement and report against the action plan; and
• that following the next Federal Election, the AEC seek feedback from representative groups and community members regarding the effectiveness of the strategies implemented, and further develops its action plan to incorporate constructive suggestions where appropriate.

Response

Supported. The AEC will also advise the Special Minister of State of the outcomes of the consultation process.

Recommendation 3

The Committee recommends that the Commonwealth Electoral Act be amended to require all applicants for enrolment, re-enrolment or change of enrolment details be required to verify their identity and address.

Regulations should be enacted as soon as possible to require persons applying to enrol or change their enrolment details, to verify their identity and address to the AEC by:

• showing or producing an acceptable identification document and a proof of address document to the AEC or a person who can attest a claim for enrolment; or
• where such proof of identity documents cannot be provided, by supplying written references given by any two persons on the electoral roll who can confirm the enrolee’s identity and by supplying a proof of address document:
• persons supplying references must have known the enrolee for at least one month and must show their own acceptable identification document or supply their drivers licence numbers to the AEC; and
• enrolees should have the choice of providing the required documents in person to the AEC, or a person who can attest a claim for enrolment, or by posting or faxing the required documents or certified copies to the AEC with the enrolment form to which they relate; and
• where certified copies of acceptable documents are posted or faxed to the AEC, they must be certified by the enrolee to be true copies and witnessed by an elector enrolled on the electoral roll.

Where the AEC or a person who can attest a claim for enrolment receives original documents from an enrolee, the AEC must return the documents to the enrolee by hand, registered mail or other means agreed to by the enrolee.

Response

Supported in part. The Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Electoral Integrity Act), which received Royal Assent on 22 June 2006, provides for the introduction of a requirement for electors to verify their identity by providing proof of identity at enrolment. A separate proof of address document will not be required. The Government notes that, whilst the range of documents used for proof of identity may also contain address details, verification of address will not be a requirement for enrolment.

The proof of identification requirement for electoral enrolment will be such that persons enrolling to vote or updating their enrolment must provide either:

(i)

their driver’s licence number (in which case the application does not need to be attested in any way, but the AEC will verify the driver’s name against the licence number); or

(ii)

if they do not have a driver’s licence, show a prescribed identification document (such as birth certificate or passport) which must be sighted by an attestor who is an enrolled elector in a prescribed class; or

(iii)

if they do not have a driver’s licence or prescribed identification document, have their enrolment claim countersigned by two electors who can confirm the applicant’s name and who have known the elector for more than one month.

Appropriate regulations setting out prescribed identification documents and the class of prescribed electors are being developed.

The proof of identity provisions will commence on Proclamation, or if not proclaimed within eight months of Royal Assent, they will commence after that.

Recommendation 4

The Committee recommends that Section 155 of the Commonwealth Electoral Act be amended to provide that the date and time fixed for the close of the rolls be 8.00pm on the day of the writs.

Response

Supported in part. The Electoral Integrity Act provides for the rolls to close at 8.00 pm on the day the writs are issued for new enrolments and re-enrolments. However, there will be two exceptions to this:

• 17 year olds who are not on the roll and who will turn 18 between the day the writ is issued and polling day; and
• persons who are not on the roll and will be granted citizenship between the issue of the writ and polling day.

For these two groups, the date for the close of rolls will be 8.00 pm three working days after the issue of the writ.

Persons who are currently enrolled will be able to update their details during the three day period. Persons who are not on the roll will not be added to the roll between 8.00 pm on the day of the issue of the writ and polling day.

Recommendation 5

The Committee recommends:

• Section 155 of the Commonwealth Electoral Act should be amended to provide for the date and time of the closing of the rolls as soon as possible within the life of the 41st Parliament;
• that the amendment to section 155 be given wide publicity by the Government and the AEC;
• that the AEC be required to undertake a comprehensive public information and education campaign to make electors aware of the changed close of rolls arrangements in the lead up to the next Federal Election;
• that the AEC review, and where appropriate amend, the wording of all enrolment related forms, letters, promotional material and advertising used for enrolment related activities to include a notification to electors that the rolls will close on the day of the issue of the writs for Federal Elections and referenda; and
• that appropriate funding be made available to the AEC so it may comply with these and other recommendations agreed to by the Government.

Response

Supported. The Electoral Integrity Act provides for the amendment of section 155 of the Commonwealth Electoral Act 1918 (Commonwealth Electoral Act). The Government has also provided appropriate funding to enable the AEC to undertake a comprehensive public information and education campaign to alert electors to the changes.

Recommendation 6

The Committee recommends that:

• the Commonwealth Electoral Act be amended to expand the demand power to allow the AEC direct access to State and Territory government agency data;
• the AEC continue with its Continuous Roll Update (CRU) processes as the principal method for reviewing the electoral roll;
• the AEC remain focussed and innovative in relation to CRU, in order to continue to develop and refine those processes to maintain and enhance the integrity of the electoral roll; and
• the AEC consider and report on the implications of the Direct Address Change proposal (contained in Submission No. 136) and provide a detailed report to the Committee on its findings by the end of 2005.

Response

Supported. The Electoral Integrity Act provides for the inclusion of all officers of State and Territory Governments among those who must provide information to the AEC for the purpose of preparing, maintaining or revising the rolls. This will also allow the AEC direct access to a range of relevant data to assist with roll maintenance activities.

The AEC will report progress on the Continuous Roll Update to the Special Minister of State. The AEC will report its findings on Direct Address Change to the Joint Standing Committee on Electoral Matters (JSCEM) on the basis of a timeframe determined in consultation with the JSCEM.

Recommendation 7

The Committee recommends:

• that the AEC continue to develop and utilise the Automated Postal Vote Issuing System (APVIS) to support the distribution of postal voting material for future elections;
• that AEC computer and data recording and retrieval systems be upgraded to allow real-time information to be extracted by DROs, AEC staff handling enquiries and call centre staff, on the progress of the production of postal voting material for individual postal voters;
• that the AEC consult with Australia Post and, if Australia Post holds and is able to supply the necessary data to the AEC, the AEC modify the Roll Management System (RMANS) so that matters relevant to the postal delivery schedules applicable to the delivery points at the postal address, or in the postcode area, of the applicant are available to the DRO at the time the decision is made whether an application should go to Central or Local print;
• that Australia Post provide the data required for upgrading the AEC’s systems at no cost to the Commonwealth;
• that the flexibility to determine whether postal voting material should be produced centrally or through a local computer-based system in the office of DROs be retained; and
• that if the AEC modifies RMANS so that matters relevant to the postal delivery schedules are available to DROs, the DRO must use such information when making the decision about whether an application should go to Central or Local print.

Response

Supported, noting that the external review of APVIS has already been undertaken and the outcome reported to the Government. The AEC is continuing to look at ways of implementing the recommendations of the review and will keep the Special Minister of State informed on progress.

Recommendation 8

The Committee recommends:

• that the AEC ensure that sufficient and continuing resources are available to the Election Systems and Policy Section in non-election periods and that these levels be supplemented as appropriate in the lead up to and during election periods;
• that the AEC apply appropriately rigorous and correct procurement practices in order to identify and enter into a contractual agreement with suitable provider/providers for the provision of APVIS services; and
• that the AEC apply contemporary best practice to the project management and contract management of APVIS, including undertaking the activities outlined in Recommendation 16 of the Minter Ellison report into postal voting.

Response

Supported in principle. The Government considers that the current resourcing levels for the AEC in non-election periods are appropriate. The Government notes that the adequacy of this resourcing is subject to periodic review. The Government will provide additional funding to the AEC for extra staff for the Election Systems and Policy Section for the next federal election.

Support for the implementation of the Committee’s recommendations relating to APVIS is subject to the AEC consulting with the Special Minister of State on how it proposes to respond to the outcomes of the review of APVIS as outlined in the response to recommendation 7.

Recommendation 9

The Committee recommends:

• that the Electronic Transaction Regulations 2000 be amended to permit electors to submit an application for a postal vote or an application to become a general postal voter, by scanning and e-mailing the appropriate form to the AEC;
• that the Commonwealth Electoral Act be amended to specifically permit eligible overseas electors and Australian Defence Force and Australian Federal Police personnel serving overseas to become general postal voters;
• that the Commonwealth Electoral Act be amended to provide that:
• for postal vote applications received up to and including the last mail on the Friday eight days before polling day, the AEC be required to deliver the postal voting material to the applicant by post unless otherwise specified by the applicant;
• for postal vote applications received after the last mail on the Friday eight days before polling day and up to and including the last mail on the Wednesday before polling day, the AEC be required to post or otherwise deliver the postal voting material by the most practical means possible; and
• for postal vote applications received after the last mail on the Wednesday before polling day, the applications be rejected on the grounds that delivery of postal voting material cannot be guaranteed. Reasonable efforts should be made to contact the applicants to advise them of the need to vote by other means.
• that the Commonwealth Electoral Act and the Referendum (Machinery Provisions) Act be amended to allow electors to return their postal votes to any employee of the AEC by any convenient means, and to require the AEC to then deliver the postal vote to the appropriate Divisional Returning Officer within 13 days after polling day.

Response

Supported in principle, subject to a satisfactory resolution by the AEC of the security issues relating to scanning and e-mailing of postal voting forms and further consideration of whether the Wednesday before polling day or another day is the most appropriate day from which the AEC would no longer accept postal vote applications. In relation to the delivery of postal voting material for applications received by the AEC after the last mail on the Friday eight days before polling day, the Government notes that use of courier services may be an effective option.

The Special Minister of State will give careful consideration to the definition of AEC employees who would be able to receive postal votes, and also to the identification of any convenient means by which postal votes may be returned to the AEC, including determining any associated security risks. The Government will introduce the necessary legislation to give effect to this recommendation.

Recommendation 10

The Committee recommends:

• that the Commonwealth Electoral Act and the Referendum (Machinery Provisions) Act be amended so that postal voters are required to confirm by signing on the postal vote certificate envelope a statement such as “I certify that I completed all voting action on the attached ballot paper/s prior to the date/time of closing of the poll in the electoral division for which I am enrolled”;
• that the Commonwealth Electoral Act and the Referendum (Machinery Provisions) Act be amended to allow the date of the witness’s signature, not the postmark, to be used to determine whether a postal vote was cast prior to close of polling.

Response

Not supported. The Government considers that such changes would weaken the integrity of Australia’s electoral system.

Recommendation 11

The Committee recommends that the AEC:

• amend the General Postal Voter application form to indicate that the completed form can be returned to the AEC by fax;
• amend the Postal Vote Application form to allow an applicant, if they choose to do so, to nominate a date by which they require the postal voting material to be delivered to the postal address nominated;
• highlight the difficulties associated with electors leaving it to the last week in the election period to lodge postal vote applications in the public education campaign associated with the next election;
• take steps through its public education activities to ensure that the public is informed of the importance of having a witness date on postal vote certificate envelopes; and
• devise appropriate penalties for voters who provide false witness or who are otherwise in default of the requirements.

Response

Supported. The Government notes that there will be various circumstances in which the AEC will not be able to provide postal voting material by the nominated date. The Government will provide appropriate funding to enable the AEC to undertake a comprehensive public education campaign to alert electors to the issues relating to postal voting. The Special Minister of State will consult the Attorney-General on appropriate penalties.

Recommendation 12

The Committee recommends that prior to the next election:

The AEC discusses with the Minister’s office options for establishing a process for the provision of information about emerging issues during the election period; including:

• how and to whom requests for urgent briefing are to be handled;
• identifying which staff are to be involved; and
• how issues are to be followed up and reported on, by the AEC;
• And, that following those discussions:
• the AEC formulate guidelines reflecting the outcome of those discussions and make them available to all relevant parties prior to the commencement of the election period.

Response

Supported. The Government recognises the importance of prior communication between the AEC and stakeholders, including political parties, in ensuring the smooth operation of processes for the provision of information during an election period. The AEC will consult with the Special Minister of State and other stakeholders and formulate relevant guidelines.

Recommendation 13

The Committee recommends that the AEC:

• consult widely with stakeholders, including political parties, Commonwealth, State and Territory Privacy Commissioners, privacy advocates and others, in order to canvass possible solutions to the privacy issue, that will not require a return to double enveloping; and
• report back to the Committee before the end of June 2006, with details of its consultations, and provide the Committee with recommendations about how the AEC should address the privacy concerns of electors, whilst minimising the number of ballot papers excluded from the count.

Response

Supported. The AEC will provide the outcomes of the consultation to the Special Minister of State. The AEC will report outcomes to the JSCEM on the basis of a timeframe determined in consultation with the JSCEM.

Recommendation 14

The Committee recommends that political parties and candidates should ensure that any material they provide to electors in advance of the writ issue or public announcement of the election date, advises electors of the relevant provisions relating to the lodgement of postal vote applications.

Response

Not supported. The Government considers that this is a matter for political parties and candidates.

Recommendation 15

The Committee recommends that the AEC should review its pre-polling arrangements with a view to ensuring that, wherever practical, pre-poll centres are located at appropriate Commonwealth, State or Territory government, or local government, agencies in regional areas.

Response

Supported. The AEC will report the outcome of the review to the Special Minister of State. For the next election, the AEC proposes to trial the use of state government agencies to issue pre-poll votes in rural and regional areas of Queensland. The AEC will continue to consult with the Special Minister of State on the development of the trial. The AEC will also report the outcome of the trial to the Special Minister of State and assess the feasibility of extending a similar model to other areas of Australia.

Recommendation 16

The Committee recommends that the Commonwealth Electoral Act and the Referendum (Machinery Provisions) Act be amended to provide that:

• the AEC may set up and operate pre-poll voting centres in circumstances and locations where the AEC is required to quickly ensure that electors are able to cast votes; and
• in such circumstances, to require the AEC to do everything it practically can to advise relevant candidates, political parties and other stakeholders of:
• the circumstances which prevail and require the AEC to take such action;
• the location, dates and times on which the AEC proposes to operate the pre-poll centre; and
• to require the AEC to Gazette the pre-poll centre or centres as soon as practicable after it becomes aware of the circumstances that require it to set up and operate the centre or centres.

Response

Supported. The Government will introduce the necessary legislation into Parliament.

Recommendation 17

The Committee recommends:

• that the AEC comprehensively publicise the location of all pre-poll voting centres; and
• that the AEC ensure that standardised, prominent signage is used to identify pre-polling centres, so that electors and other stakeholders can immediately recognise and locate them from the day of opening and throughout election day.

Response

Supported.

Recommendation 18

The Committee recommends that the Commonwealth Electoral Act be amended to expand the definition of an eligible political party so that:

Eligible political party means a political party that is either:

• a parliamentary party; or
• a political party that has at least 500 financial members who are currently enrolled on the electoral roll; and
• is established on the basis of a written constitution that incorporates the minimum requirements for the constitution of a registered political party contained in the Commonwealth Electoral Act and complies with the State or Territory legislation to the extent that it applies.

Response

Not supported. The Government believes that implementation of this recommendation would be an unwarranted intrusion into the internal affairs and activities of political parties.

Recommendation 19

The Committee recommends that the Commonwealth Electoral Act be amended to provide minimum requirements for the constitution of a registered political party.

Potential minimum requirements would include:

• a clear indication that it is a political party;
• a statement that it intends to participate in the Federal Election process;
• certain minimum requirements in relation to its operations, specifically that it:
• be written;
• include the aims of the party, one of which must be the endorsement of candidates to contest Federal Elections;
• include the process by which the party is managed in respect of its administration, management and financial management;
• set out requirements for becoming a member, maintaining membership and ceasing to be a member;
• outline the process for the election of office holders (including, but not limited to, the registered officer, the Executive and any committees);
• detail the party structure;
• detail the procedure for amending the constitution; and
• detail the procedures for winding up the party;
• the constitution of all parties registered with the AEC be made publicly available on the AEC’s website.

Response

Not supported. The Government believes that implementation of this recommendation would be an unwarranted intrusion into the internal affairs and activities of political parties.

Recommendation 20

The Committee recommends that the Commonwealth Electoral Act be amended to provide for the:

• deregistration of all political parties that are not parliamentary parties (as defined in section 123 of the Commonwealth Electoral Act) or are parties that have had past representation in the Federal Parliament; and that:
• all existing parliamentary parties and those with past representation remain registered, but be required (where appropriate) to prove that they meet the requirements for a parliamentary party:
• where a parliamentary party has proven that it meets the relevant requirements during the life of the 41st Parliament, it will not be required to provide further proof;
• where a parliamentary party has not proven its status as a parliamentary party during the 41st Parliament, it will be required to prove this by indicating which sitting member it relies on for its status;
• where a party claims that it has past representation in the Federal Parliament, it will be required to prove this by indicating which past member it relies on for its status.
• all other parties would have to apply for re-registration, at which point they must comply with the amended registration requirements in the CEA, including the existing naming provisions contained in section 129;
• where a political party applies for registration using a name which does not conform with the requirements of section 129 of the CEA, the Electoral Commission shall refuse such registration;
• where the AEC refuses such application for registration, it must notify the applicant party that it is bound to refuse the registration and give the applicant party an opportunity to vary the original application;
• if the applicant party fails to vary the application the AEC shall refuse the registration; and
• all amended registration requirements must also be met in any case where a registered political party applies to change its registered name; or its registration is reviewed by the AEC in accordance with section 138A of the CEA.

Response

Supported. The Electoral Integrity Act provid