Amendments needed to ensure Qld election reforms don’t silence charities and community groups – Committee Report
Proposed laws to curb the corrupting influence of big corporate money in politics need amending to avoid locking out charities and community groups from important political debates, a Queensland Parliamentary Committee has found.
The Government-led Economics and Governance Committee has released its report on the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 and recommended that the Bill be passed, but that amendments be considered to preserve the important role not-for-profit organisations play in our democracy.
Alice Drury, Senior Lawyer at the Human Rights Law Centre, said the report made important and positive acknowledgments of how the proposed laws could be improved, but the detail of potential amendments is yet to be seen.
“Queensland has a historic opportunity to have the best laws in the country for regulating the influence of money in politics. But first, the proposed laws need significant amendment to ensure not only that charities can continue to speak up, but that big corporate spending is reined in.”
“It is heartening that the Committee looks to be taking the concerns of charities and community groups seriously. However we are yet to see any detailed amendments from the Palaszczuk Government, and with complex laws such as these, the devil is in the detail. We encourage the Government to work with legal experts and civil society groups to ensure their amendments will be adequate to protect civil society advocacy and avoid constitutional challenge.”
Currently, the proposed laws will impose onerous compliance obligations on any community group or charity that spends more than $1,000 on election advocacy, with criminal penalties for non-compliance. The proposed laws will also stop someone from donating more than $4,000 per four-year term (or less than $20 per week) to a charity or community group for election-related advocacy. As a result, charities and community groups will struggle to raise funds to speak out in elections on the matters they work on.
In contrast, corporations will not face any restrictions on the income they can use on campaigning, and will be able to spend up to $1 million each on election advertising.
The proposed laws are expected to be voted on in Parliament next week.
“Without limits on political donations and election spending, politicians will respond to those with the biggest bank balance, instead of those with the best ideas. Australians are fed up with the status quo. We need a level playing field. Election campaigns should be a time when people with important things to say can be heard, not just those with enough cash to buy a national platform.”
The Human Rights Law Centre has received advice from Stephen Keim SC that warns that the Palaszczuk Government’s proposed changes to Queensland electoral laws could face a High Court challenge.
Read the Joint Memorandum of Advice prepared by Stephen Keim SC, Kate Slack and Arron Hartnett here.
Michelle Bennett, Communications Director: 0419 100 519
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