Media Release – Government transparency needed on promised electoral reforms

Government transparency needed on promised electoral reforms

10 July 2020

The Gutwein government must urgently provide Tasmanians an update on the stalled promised election transparency reforms, according to Independent Member for Nelson, Meg Webb MLC.

“The March 2018 state election saw a loud public outcry over the role played by vast secret and undisclosed amounts of vested interests’ money in that election, and a growing disquiet over the threat political donations pose to our democracy in general,” Ms Webb said.

“Under then-Premier Will Hodgman, a review into the State’s Electoral Act saw minor amendments resulting from Stage 1 of the process, but the remaining substantive terms of reference dealing with the need to introduce state-based political disclosure rules, and regulation of third parties appear to have vanished into the ether.

“According to the timeframe announced by Attorney-General Elise Archer we were promised the Final Report by the end of 2019, begging the questions, what has happened and why have these important democratic reforms stalled?

“Respected entities such as the Tasmanian Law Reform Institute and UTAS’ Institute for Social Change took seriously the reform review and made submissions in good faith, but it now appears the government is failing to take seriously its own reform process.

“Tasmania is falling embarrassingly behind our interstate counterparts who have moved to tighten and modernise their laws on political donations disclosure and electoral expenditure.

“Tasmanians deserve to have similar measures to ensure and protect the integrity of our democratic institutions and processes, and to have those reforms in place before the next state election.

“Premier Gutwein likes to describe his government as the ‘most transparent ever’, so I expect he will take a direct interest in, and responsibility for, kick-starting these reforms urgently, to ensure Tasmania can lay claim to the most transparent political donation and third party election laws in the nation,” Ms Webb said.

Background:

• The government’s initial review into reforming the Tasmanian Electoral Act 2004 and associated election laws was announced in May 2018 and commenced in June that year.
• Terms of Reference for the Review:

1. Modernising the current Tasmanian Electoral Actwith specific examination of sections including 191(1)(b); 196(1) and 198(1)(b);
2. Whether state-based disclosure rules should be introduced, and, if so, what they should include;
3. The level of regulation of third parties, including unions, during Election campaigns

• An Interim Report on the Electoral Act Review was released by Attorney General Elise Archer in December 2018, and stage 1 minor amendments passing the parliament that same month. 
• Public consultation on the Interim Report was extended to 15 April 2019 to allow for consideration of a relevant High Court decision. Despite this extension, the Attorney General stated on 18 February 2019 the Final Report was still to be finalised in 2019.

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