Legal matters

A look at a proposed electoral law overhaul that focuses largely on issues of specific concern to the Coalition.

The government introduced four electoral reform bills to parliament yesterday. Antony Green offers a good overview that notes what’s missing from the recommendations of the Joint Standing Committee on Electoral Matters’ inquiry into the 2019 election: the particularly contentions measures of voter identification and optional preferential voting, and arrangements for handling an election during the pandemic, which will presumably have to follow at a later time.

To summarise:

• The most striking is a bill to triple the number of members required of a registered political party to 1500 and to disallow the registration of parties whose names contain, with limited exceptions, words already used in the name of a pre-existing party. The former requirement does not affect the significant exception that exists for parties with seats in parliament, as applies to Katter’s Australian Party, the Centre Alliance and the Jacqui Lambie Network (Antony Green notes it also helped Fraser Anning’s Conservative National Party to both register and blag free ABC air time before the last election, not that this proved notably helpful to them). Parties will have three months after the passage of the bill to either pass muster or face deregistration, in which case they will not be identified on ballot papers or eligible for public funding. This would appear to be one in the eye for the Liberal Democrats, who this week confirmed Campbell Newman as their Senate candidate in Queensland.

• A bill encompassing “counting, scrutiny and operational efficiencies” gives effect to JSCEM’s recommendation that the pre-poll voting period should be cut from three weeks to two, which the Coalition, Labor and Greens members were all on board with. It also allows for pre-poll votes to be pre-processed in the two hours before polls close so the actual counting of the votes can begin without delay, which should address an issue of recent election nights in which election day booths are mostly in by 8pm but pre-poll voting centres often aren’t until 11pm to midnight. Similarly, the bill allows for postal votes to be pre-processed so more of them can be counted on Sunday.

• An “electoral offences and preventing multiple voting” bill includes a measure to prevent those suspected of multiple voting from persisting in doing so, and one to target behaviour the Liberal Party has complained of being subjected to by GetUp! activists, specifically “violence, obscene or discriminatory abuse, property damage and harassment or stalking”. Former electoral administrator Michael Maley wonders if the latter measure might capture heckling or asking difficult questions; electoral law expert Graham Orr notes it brings the activities of FriendlyJordies to mind.

• A bill to lower the threshold for which third parties campaigning at elections will have to register as political campaigners, requiring them to file annual financial disclosure returns. The current six-figure threshold does seem on the high side, but the cause of “public confidence in Australia’s political processes” would surely be better served by lowering the threshold for declaring donations to political parties.

Other news:

• The Australian Electoral Commission has published the full panoply of reports and data relevant to the now finalised federal redistributions of Victoria and Western Australia. Antony Green has worked his estimated margins into a finalised 2022 federal election pendulum.

• Rachel Siewert, Greens Senator for Western Australia, announced on social media this week that she will resign her position in the Senate next month. This will allow the party’s preselected lead Senate candidate, Dorinda Cox, to build her profile ahead of next year’s election, a common practice for the Greens.

Author: William Bowe

William Bowe is a Perth-based election analyst and occasional teacher of political science. His blog, The Poll Bludger, has existed in one form or another since 2004, and is one of the most heavily trafficked websites on Australian politics.

3,209 comments on “Legal matters”

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  1. Just back from my allotted span of free walking.
    Masks = 100% compliance.
    Social distancing = 100% compliance.
    Aussie Aussie Aussie. Oi! Oi! Oi!
    *waves strayan flag on high*

  2. zoomster @ #2848 Tuesday, August 17th, 2021 – 1:26 pm

    If you’re putting ‘what I can get out of the government’ ahead of every other consideration, that’s exactly the definition of a Tory.

    I am intending to give my vote to those parties who prioritize my particular concerns.

    That this does not currently happen to be the Labor party is now somehow my fault?

  3. It’s good to see that some posters are referring to Morrison and crew as Tories. There’s nothing Liberal about them. They are more reactionary than Orbán.

  4. On predictions

    The Reserve Bank’s economic forecasts are too optimistic because they assume Sydney’s lockdown will be over by the end of next month, economists at Australia’s biggest bank say.

    In a note commenting on the minutes of the RBA board meeting last month, which were released this morning, CBA senior economist Kristina Clifton says that “these assumptions look more and more optimistic as time goes on”.

    “It has been our working assumption that the Greater Sydney lockdown won’t ease until mid November when a large proportion of the population is vaccinated,” she said.

    That would be another three months.

    (guardian)

  5. I am intending to give my vote to those parties who prioritize my particular concerns.

    That this does not currently happen to be the Labor party is now somehow my fault?
    _________________________________________________
    A parliament that cares about the population living without being sick.
    A parliament that isn’t the most corrupt since federation.
    A parliament that gives a stuff about working people
    A parliament that cares about the environment.

    Those sound like every reason to put the LNP last on every count. Anything else that you care about is not important…

  6. mundo @ #2845 Tuesday, August 17th, 2021 – 1:23 pm

    As I’ve said many times; what the hell is the point of the Liberal party.

    Freedom!*

    * Unless you’re female, or non-white, or non-heterosexual, or young, or a student, or a migrant/refugee, or in poor health, or (especially) poor, or (most especially) a poor migrant refugee. But if you have money and want more of it, the Libs have certainly got your back.

  7. “Not going to disagree with you. However, it is worth pointing out that half the population of Australia does so – give or take a very few percent – election after election. Perhaps it would be useful to try and understand why”
    ————————

    Not for any seriously held moral or political convictions I’ll wager.

    How ever corrupt, incompetent, stingy this government may be, the fact is the majority of people’s personal circumstances are not noticeably affected by them governing corruptly, stingily and incompetently. Our economy mostly runs itself in spite of what the government of the day does. And most of the really important bureaucratic and administrative work that keeps our democratic institutions intact is handled by non-aligned public servants. Of course there are opportunities lost – we could no doubt be a whole lot more prosperous with a government who had some vision and was less incompetent and corrupt, but whose going to convince the plebs of that?

    So by and large people go on with their lucky and prosperous lives without having the care or will to give much of a crap at all which party has the better policies. Why do they vote coalition? Probably because they are mostly in government, and people feel safer with the status quo. But almost certainly not due to a careful and detailed analysis of coalition policies.

  8. Zoomster
    I agree
    In my opinion one of the biggest problems I see in our society is self interest. We are seeing it in the way people are responding to the virus, it seems every cohort of society thinks they are a priority for vaccines, businesses are more concerned with their bottom line than they are the health of staff and customers.
    The type of rorting that we are seeing would not be successful if people asked the question, why is our sports club or commuter car park more important than others, is it a priority for our society. When voting for the local issues that best benefit you rather than the Australian society as a whole you get the mess we currently have.

  9. Mundo
    There is the need for a traditional conservative party that represents conservative people who believe in economic liberalism or maintaining institutions.

  10. Alpha Zero @ #2858 Tuesday, August 17th, 2021 – 1:41 pm

    A parliament that cares about the population living without being sick.
    A parliament that isn’t the most corrupt since federation.
    A parliament that gives a stuff about working people
    A parliament that cares about the environment.

    Those sound like every reason to put the LNP last on every count. Anything else that you care about is not important…

    Of course I care about those things. Whether Labor is sufficiently better at those specific things to outweigh all other issues – ones that I also regard as being important – is where we may differ.

  11. Assantdj
    People have always voted for who they think will look after them best and in Melbourne its Liberal areas seeing greater complying with the restrictions and i read that its Liberal areas with higher vaccination rates.

  12. conservative people who believe in economic liberalism

    “Money can do what it wants, but you can only do what I say”.

    If these people exist, I have only contempt for them.

  13. P1

    You’re voting Liberal. You’re doing it because you think you will personally benefit from doing so.

    Therefore you’re a Tory.

    I don’t see why you’re ashamed to admit it.

    As the Greens are so fond of reminding us, where your vote goes is your decision. Live by it.

  14. Big A Adrian @ #2862 Tuesday, August 17th, 2021 – 1:46 pm

    How ever corrupt, incompetent, stingy this government may be, the fact is the majority of people’s personal circumstances are not noticeably affected by them governing corruptly, stingily and incompetently.

    Until a crisis arrives. Then they are exposed, as the current ‘I don’t hold a hose, or a needle’ government has been, repeatedly.

  15. Vic Libs just don’t get it…

    Jeff Kennett
    @jeff_kennett
    · 19h
    Sadly, very sadly, arts organisations are being destroyed by the Andrews government.
    Major events lost, the Grand Final lost for the second year.
    School children denied their most basic rights.
    All for 4 people in hospital because of COVID.

  16. Assantdj, I think that is more a problem of ignorance and short attention spans – much of it willful.

    As in, can’t be arsed to take the time and energy to understand the things we should be understanding.

    Ultimately, its the very opposite of self interest.

  17. Soupy, false sympathy.

    Rashida Yosufzai
    @Rashidajourno
    · 9m
    Breaking: PM Scott Morrison says not all Afghan interpreters and other staff will be able to be rescued to Australia. “I know that support won’t reach all that it should. On the ground events have overtaken many efforts. We wish it were different.”

  18. Rex
    LOL
    Jeff needs to retire into the sunset to plant his tulips or whatever he wanted to plant because they are the same arts Morrison has failed to support.

  19. Mavis says:
    Tuesday, August 17, 2021 at 1:26 pm
    I can’t see how these statements can be reconciled

    Easy… she’s saying she’s going to let it rip.

  20. Prof. Peter Doherty
    @ProfPCDoherty
    · 24m
    They govern for their own re-election, for IPA friends & complicit media & for the fossil fuel barons The genuine needs of the Australian people come a distant last. They are not held to any moral or ethical standards & they are skilled at manipulating the levers of populism

  21. “Breaking: PM Scott Morrison says not all Afghan interpreters and other staff will be able to be rescued to Australia. “I know that support won’t reach all that it should. On the ground events have overtaken many efforts. We wish it were different.””

    They’ve only had 20 years to prepare.

  22. How many vaccine doses are really available, as opposed to almost daily announcements of a vaccine bonanza from Morrison, Hunt & co?

    The chief medical officer, Paul Kelly, says based on data from around 6,000 cases from the NSW outbreak, 99% of the cases were not fully vaccinated.

    A total of 3% were partially vaccinated, while another 4% were diagnosed within three weeks of receiving their first dose.

    Kelly said:

    The key message here is go and get vaccinated particularly if you’re in the older age group but, as Minister Wyatt has mentioned, but everyone.

    Vaccination is available. Right now. In many places very close to you.
    (Guardian updates at 14:08)

  23. file:///var/mobile/Library/SMS/Attachments/da/10/508C105D-7D62-4DCC-8A70-6BE7F7AEA45F/VIDEO-2021-08-13-16-43-18.mov

    The Limo driver what dun it.

  24. Mexicanbeemer @ #2861 Tuesday, August 17th, 2021 – 1:45 pm

    Zoomster
    Most people regardless of who they vote for think about what does the government do for them.

    I am of the opinion that there are people who do not reflexively vote for self interest.
    Mexicanbeemer states “Most people regardless of who they vote for think about what does the government do for them.”
    I suppose you could easily make that argument given how often the LNP are in government.
    However I think that a fair percentage of those folk have fallen for the RW propaganda
    amplified by the MSM and actually think they are voting in the country’s best interest.
    Labor must fight against this perception because it is simply wrong.

    Ideally…
    Federally – vote what’s best for Australia, provided it does not make things worse for the planet.
    State – vote what’s best for your State, provided it does not make things worse for Australia or the planet.
    Locally – vote what’s best for your shire, provided it does not make things worse for your State, Australia or the planet.

    So it comes down to opinion as to what’s best for the Planet, Australia, your State and your Shire.

    For me the LNP are bad in all situations because they vastly outweigh the benefit to wealthy individuals over any benefits to society.

  25. Typical Morrison just now – a sleazy character.

    Morrison is asked why it took until August to send 250 personnel to Afghanistan given Australia knew the situation was deteriorating in May, and also whether any of those personnel are connected to the Brereton inquiry.

    On the latter, he suggested asking the question was a “slur”:

    I find a bit extraordinary in the circumstances. These are 250 Australians answering the call of their government to go and help Australians in need, and you’re questioning their integrity. I find that quite surprising. They’re going there to help their fellow Australians and to help Afghans citizens who will be coming to live here in Australia.

    They are going to do their service in our uniform and in our name. I respect it and I would ask others to respect it also and not to cast slurs against their integrity.
    (Guardoian updates at 14:17)

  26. zoomster @ #2439 Tuesday, August 17th, 2021 – 1:54 pm

    P1

    You’re voting Liberal. You’re doing it because you think you will personally benefit from doing so.

    Therefore you’re a Tory.

    I don’t see why you’re ashamed to admit it.

    As the Greens are so fond of reminding us, where your vote goes is your decision. Live by it.

    Can’t believe some here are still talking to Bludger-Trash

  27. P1, Tory is as Tory does. Voting 1 for an ‘independent and 2 for a Tory means effectively that you are voting for them. Why be so shy about it? I’m a socialist and am happy to proclaim it. You seem a a bit ashamed. I can well understand why.

  28. Take a bow, Porter.

    More than 20 retired Family Court judges have answered a call to come back to the bench to smash a backlog of 7,000 cases.

    The backlog is due to ballooning wait times and a lag in replacing judges who have retired, leaving remaining judges with crippling workloads.

    The wait to get to the Family Court can be two years and some judges have 600 cases or more on their dockets.

    The retired judges have offered to help pro bono or for a minimal fee to clear thousands of custody and property cases before September, when the Family Court will merge with the Federal Circuit Court.

    The federal government said there was a need to reform the court structure and a merger was the best option.

    It said it would increase the number of matters that could be resolved each year and reduce waiting times for families in dispute.

    But the merger has been criticised by some, including members of the Hunter’s legal fraternity.

    https://www.abc.net.au/news/2021-08-17/retired-judges-return-to-tackle-family-law-backlog/100381008?

  29. I do understand that some here would consider my point of view naïve and idealistic.
    I’m happy to wear that rather than just sniping back at folks who disagree with me.

  30. citizen says:
    Tuesday, August 17, 2021 at 2:20 pm
    Typical Morrison just now – a sleazy character.

    Morrison is asked why it took until August to send 250 personnel to Afghanistan given Australia knew the situation was deteriorating in May, and also whether any of those personnel are connected to the Brereton inquiry.

    On the latter, he suggested asking the question was a “slur”:

    Pentecostal SfM has grown up believing the sun shines out of a preachers arse, there is only one thing that comes out & it isn’t sunshine.
    Scotty doesn’t accept that his word should ever be doubted.

  31. Sceptic:

    Tuesday, August 17, 2021 at 2:00 pm

    [‘Easy… she’s saying she’s going to let it rip.’]

    Well, if she does that NSW won’t be the “Premier State” much longer; it’ll the the “Pariah State”.

  32. Big A Adrian
    I agree that a large proportion of people have been voting against their own best interests but don’t see it as wilful.
    I see a media landscape that makes it difficult for people with limited education and time to effectively research and understand the competing arguement, especially as often the media doesn’t even acknowledge that their is a competing arguement. I see absolute untruths presented by politicians as facts and agreed to by media and this has gone on so long and has resulted in a warping of public opinion so that people who question the status quo are left feeling they are wrong.
    I see spare time as something that many poorer people just don’t have, when your working excessive hours to make ends meet and then come home to all the family responsibilities that you can’t just hire someone to do, you have little energy for a deep dive into why the current published information on the strength of the economy might actually be smoke and mirrors.

    Mexicanbeemer
    Apparently I have been voting incorrectly my entire adult life because I do consider the society I live in and the many people who reside in it as important to how I vote and it would be a very sad world if everybody only made decisions only on what is in their best interests. Many do but not all and life will be better for all when that balance is tilted a little further away from self interest and towards society.

  33. Mavis @ #2893 Tuesday, August 17th, 2021 – 2:27 pm

    Sceptic:

    Tuesday, August 17, 2021 at 2:00 pm

    [‘Easy… she’s saying she’s going to let it rip.’]

    Well, if she does that NSW won’t be the “Premier State” much longer; it’ll the the “Pariah State”.

    That it will. But it’ll also loose covid on every other state. To the extent that it hasn’t already.

    Gladys has all the power. And she’s going to do the wrong thing with it.

  34. Plus P1, you still haven’t the answered the question as to what the positive policies the Tories are offering that encourages you to vote for them. You say that Labor have to give you a positive incentive, so what is the Tory equivalent?

  35. Timbo
    Its not just Liberals but ALP people also vote for who they think will look after them.

    I remember a story told by John Cain about being stopped in Northcote by an angry voter who gave him a piece of his mind but finished by saying he would be voting for the ALP because he knew they would look after him more than the other side would.

  36. Assantdj

    Apparently I have been voting incorrectly my entire adult life because I do consider the society I live in and the many people who reside in it as important to how I vote and it would be a very sad world if everybody only made decisions only on what is in their best interests. Many do but not all and life will be better for all when that balance is tilted a little further away from self interest and towards society.
    —————————————–
    LOL
    you have been voting on the things that matter to you and the politicians and policies that you think will best deliver that.

  37. clem attlee @ #2896 Tuesday, August 17th, 2021 – 2:30 pm

    Plus P1, you still haven’t the answered the question as to what the positive policies the Tories are offering that encourages you to vote for them. You say that Labor have to give you a positive incentive, so what is the Tory equivalent?

    I see you are still missing the point I have been trying to make, and you also seem to have missed where I answered that specific question in a previous discussion with D&M.

    I suggest again you read back. I believe all the relevant posts were in the current thread.

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