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ELECTORAL BILL
(Serial 195)
ELECTORAL (CONSEQUENTIAL AMENDMENTS) BILL
(Serial 196)
Bills presented and read a first time.
Ms MARTIN (Chief Minister): Madam Speaker, I move that the bills now be read a second time.
The right to enrol and vote in free and fair elections is a fundamental right in a modern, liberal democracy.
An adequately resourced Electoral Commission, operating independently of government, is an essential
component of our democratic rights. Prior to the last election, in recognition of these principles, I promised
Territorians that a Labor government would establish an independent Electoral Commission. Passage of these
bills will deliver on my commitment and establish the first ever independent Electoral Commission in the
Northern Territory.
Madam Speaker, in April 2003, the government engaged the highly regarded firm, Minter Ellison
Consulting , to undertake and independent review of the Northern Territory electoral system. The terms of
reference of the review were:
·
recommend a suitable structure for an independent electoral commission;
· make recommendations for the appropriate administration, funding and reporting framework for an
independent electoral commission;
· assess the range of functions to be carried out by an independent electoral commission, including an
assessment of the resources needed to fulfil those functions; and
· identify the legislative changes required to establish an independent electoral commission and support other
recommendations.
The consultants, whose team include a very experienced electoral and legal professionals, have provided a
comprehensive review of our electoral system following an extensive public consultation.
Madam Speaker, I table a copy of the consultant’s report.
Forty-nine written submissions were received from Territorians during this process. The consultants also
conducted public forums in Darwin and regional centres. It is pleasing to see Territorians are interested in our
democratic system and are keen to contribute in this important area of electoral reform.
Government has carefully considered the consultant’s report and the recommendations. There are a number
of significant areas of electoral reform flagged in the report, and the majority of these reforms have been taken
up and are reflected in this bill. Some recommendations have not been adopted. For example, the proposal
for public funding of political parties and candidates is not supported by the government.
I now turn to some key aspects of the Electoral Bill. The bill establishes the Northern Territory Electoral
Commission, which consists solely of the Electoral Commissioner. The bill also contains several provisions to
establish and enhance the independence of the commission.
The commission is not subject to the direction or control of the minister. For example, the appointment of
polling places and mobile polling places now rests exclusively with the commissioner. The independence of
the commissioner is further enhanced by provisions that require the commission to report on its activities to the
Speaker at the end of each financial year. Provision is also made in the bill for the minister to consult with the
leaders of political parties in the Assembly and MLAs who are not members of political parties before the
commissioner is appointed.
Another major reform in the bill relates to the timing of elections. Under existing arrangements, the
government of the day can call an election at any time subject to the agreement of the Administrator. The new
provisions mandate a fixed minimum three-year term other than in exceptional circumstances set out in the bill.
In other words, consistent with public expectation, governments will be required to serve a reasonable period
before an election is called.
The election timetable is another important aspect of electoral administration reformed in the bill. Under
the current act, the election period can be as short as 16 days or as long as 52 days. The bill provides for a
19-day election period. This provision strikes a good balance between the administrative requirements for the
election, the needs of voters and candidates and the disruption to government a longer election period would
involve.
Another fundamental component of best practice electoral administration is the accuracy of electoral rolls.
The vast distances covered by the Territory and high population mobility present significant challenges in terms
of roll maintenance. Under the bill, rolls close at 8pm two days after issue of the writ as opposed to 6pm on
writ issue day under the existing act. The additional two days provides the opportunity for eligible voters to
enrol or transfer their enrolment for an impending election.
The bill details the functions of the commission, including requirements to promote electoral education and
information programs. These programs will provide the opportunity for the commission to emphasise and
facilitate the obligation of eligible citizens to enrol.
The consultant’s report also recommends that the commission should work with the Australian Electoral
Commission to develop roll maintenance strategies appropriate to the Northern Territory.
The bill introduces for the first time registration of political parties in the Northern Territory jurisdiction.
The bill sets out criteria for registration, including the requirement for a registered party to have 50 members
who are selectors. Under the bill, a registered political party can nominate party candidates. The name of the
registered political party will be printed on the ballot paper under the name of each candidate endorsed by the
party. A candidate not endorsed by a registered political party may elect to have the word ‘Independent’
printed under his or her name. Ballot papers will continue to show candidates’ photographs. The popularity
of this uniquely Northern Territory requirement was confirmed during public consultations. Under the bill, the
order of candidates names on ballot papers will now be determined by lot.
The privacy of elector information has long been a concern of my government. In this bill, we have taken
further steps to safeguard electors’ privacy. Electoral Roll details available for public inspection will now only
include the name and enrolled address of an elector. The Electoral Roll will no longer be available for sale.
However, the bill will continue the current practice of making Electoral Roll update data available to members
of the Assembly to allow them to service their electorate. The Electoral Commissioner will also be able to
provide roll data for medical research purposes if the commissioner considers it is in the public interest to do so.
The full preferential voting system will be retained. This system is the voting system used by the federal
House of Representatives, and received wide support in the public consultation phase. The bill also provides
for the popular pre-poll voting system to be retained, and to be enhanced by allowing declaration voting at
pre-poll voting centres. Other enhancements in the bill relating to voting include the ability to allow an elector
to cast a vote if they are voting outside their electoral division by making an oral declaration and having their
name marked off on a roll listing of all Territory electors.
The other important change is to bring the registered postal vote criteria in line with the Commonwealth
criteria. This will effectively allow for one register in the Northern Territory, covering Commonwealth and
Northern Territory registered postal voters. Some minor changes have also been introduced in the bill in
relation to normal postal voting procedures. These relate to the deadline a postal vote application must be
received by. Four days before polling day if ballot papers are to be sent outside Australia, and two days before
polling days if ballot papers are to be sent within Australia.
Mobile polling is a very important and essential characteristic of voting in the Northern Territory. Mobile
polling allows electors, who would otherwise be disenfranchised by the tyranny of distance, to exercise their
fundamental right to vote. The bill retains the provision for the commission to exercise the flexibility, if the
exigencies of the election require, to substitute or change mobile polling locations or times.
________________
Visitors
Madam SPEAKER: Chief Minister, could you pause for a moment. I would to acknowledge the
students in the Gallery. Honourable members, the students, year 6 and 7, are from Durack Primary School,
accompanied by Mrs Lorelle Gilbert, Mrs Debbie Willmore and Mrs Lucy Barua, and on behalf of all
honourable members I extend you a warm welcome.
Members: Hear, hear!
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Ms MARTIN: Thank you, Madam Speaker and it is great to have some young Territorians who, in the
future, will vote here as we have the second-reading of a very important bill about how we run elections in the
Northern Territory.
The bill retains the provision for the commission to exercise the flexibility, as I said before, if the exigencies
of the election require to substitute or change mobile polling location or times. Mobile polling has traditionally
commenced on the Monday before polling day. The period for mobile polling is mandated under the bill, and
mobile polling will commence nine days after writ issue. An extra four days will therefore be available to
facilitate voting in remote locations.
Assistance to voters is an important issue in the Territory. Many electors do not speak English as a first
language, and there are relatively high levels of non-literacy in English. Without assistance, such electors can
be disenfranchised or experience difficulty in casting their votes. Consistent with existing provisions, the bill
provides for a polling official to assist an elector to vote. In addition, new provisions for assisted voting allow
an elector to nominate an assistant other than a polling official. This new provision is consistent with the
Commonwealth Electoral Act and will enhance the franchise for those requiring assistance.
The bill also makes provision for the commission to issue an infringement notice to an elector who fails to
vote without a valid and sufficient reason. This will avoid costly prosecution action.
I would also like to draw your attention to a small but important change to voting scrutiny procedures.
While sound electoral practice requires that a check count is undertaken of ballot papers – and I have been
assured that this has always been the case at Northern Territory election scrutinies. The bill now has the
requirement for a check count to be undertaken enshrined in legislation.
I now come to another essential component of the electoral system and that is electoral redistribution. The
essential requirements of a sound and effective electoral redistribution system have now been incorporated into
this bill. The redistribution committee is to comprise the Electoral Commissioner, the Surveyor-General and
the Auditor-General. This bill sets out the objects of a redistribution and the factors the committee must
consider in determining proposed boundaries. The bill also provides for an augmented distribution committee
to be established to consider objections to proposed boundaries. The augmented committee comprises the
redistribution committee plus an appointed person who must be a person who has served as, or is qualified for
appointment as a Judge of the Supreme Court or a Magistrate, or a person with other appropriate qualifications
or experience and no political affiliations.
The other cornerstone contained in this bill is to ensure absolute independence and integrity of the electrical
redistribution process is that report of the final redistribution committee is final. It cannot, as the case is under
existing legislation, be rejected by the Legislative Assembly. The bill provides for similar public consultation
and review periods to those operating under current legislation. Another essential component of this bill relates
to financial disclosure. The procedures cover the disclosure of loans, donations and gifts to political parties,
candidates or associated entities. An annual return is required to be submitted to the commission by persons
making donations of $1500 or more, or providing gifts of $1500 or more to the same registered party or
associated entity during the financial year.
In relation to electoral expenditure, the bill requires the report agent of a candidate to provide to the
commission within 15 weeks after polling day details of election expenditure exceeding $200. The bill also
requires that a publisher or broadcaster must provide a return to the commission eight weeks after polling day to
include where the advertisement was published, the person who requested the advertisement and the cost of the
advertisement. To complete the financial disclosure accountability loop, the reporting agent of a political party
or the financial controller of an associated entity must, within 16 weeks after the end of the financial year,
complete an annual return. The return must disclose the amount received on behalf of the party or entity, the
amount paid on behalf of the party and any outstanding debts.
Madam Speaker, to minimise reporting requirements, if a party is registered under the Commonwealth
provisions, a copy of the return provided to the Commonwealth may be provided to the commission to satisfy
this reporting requirement. An associated entity, however, must within 16 weeks of the end of the financial
year, provide a return to the commission of amounts received and amounts paid on behalf of the entity together
with any outstanding debts incurred by the entity. Similarly, if the associated entity provides a return to the
Commonwealth, the commission will accept a copy of the return as complying with the provisions of the act.
The bill provides for the commission to take investigative action in relation to financial disclosure if the
commission considers it necessary. This bill also provides comprehensive review procedures where a person
or entity wants to have a decision of the commission reviewed. Part 12 of the bill establishes the Court of
Disputed Returns and prescribes the procedures for disputing elections. These procedures are similar to those
that currently operate under the Northern Territory Electrical Act.
The bill prescribes electoral offences. The integrity of the electoral system is, as I have stated earlier,
fundamental to our democratic society. My government views offences against the electoral system as a very
serious matter indeed. The bill, therefore, prescribes substantial penalties such as improperly influencing a
voter or an official, or providing false and misleading statements to an official. The penalties provided in this
bill are congruent with similar level offences prescribed in other legislation.
The introduction of the electoral bill has necessitated the drafting of the Electoral (Consequential
Amendments) Bill 2003. This bill principally covers changes to nomenclature and definitions in other
Northern Territory legislation.
In general terms, enactment of these bills will establish an independent Electoral Commission operating
under best practice electoral administration in the Northern Territory.
I commend these bills to honourable members.
Debate adjourned.