Page 1741 - Week 05 - Thursday, 8 May 2008
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If we want to encourage a range of people to put themselves forward to represent the people of Canberra, we should afford them some protection and support. It does not make a lot of sense to argue that we should abandon this provision in the act because it has not worked. It has not worked because the commission has not tried to make it work.
The commissioner has made it clear in the past that he thinks the place to resolve misrepresentations is at the ballot box. This ignores the central point that the motive behind misleading and defamatory behaviour at election time is precisely to influence what happens at the ballot box. It is too late to rely on private legal action to prevent the mischief having its effect. The commissioner must be alert to deceptive behaviour and be ready and willing to apply for injunctive relief. Not to do so is an abrogation of his statutory duty. If the commissioner refuses to perform this duty, then the government should institute another body who will. I would rather we were debating strengthening existing anti-corruption provisions but, given that we are not, I am happy to argue at least that the existing protection offered under this act is preserved.
Clause 101 negatived.
Proposed new clause 101A.
DR FOSKEY (Molonglo) (12.41 am): I move amendment No 46 circulated in my name which inserts a new clause 101A [see schedule 2 at page 1783].
This amendment picks up the commissioner’s recommendation to amend the canvassing ban from 100 metres to six metres. The Greens cautiously supported the introduction of the 100-metre rule, which was a tradition of the Hare-Clark system in Tasmania. It promised to cut down on the use of paper and was touted as protection against parties and candidates misleading voters and setting up nefarious preference deals—quite a big expectation. A return to the six-metre rule would prove easy to enforce from the Electoral Commission’s perspective and would bring election day activity into line with the commonwealth’s requirements at federal elections.
I understand that the Electoral Commissioner is no longer so strongly committed to a return to the six-metre rule, but he has not been able to advise us of any plans to address the existing problems. Yes, there is often a complaint that people feel pressured and harassed when running the gauntlet at polling booths. It is our view that everyone should have the choice of pre-polling or a postal vote if they do not like that. However, there are also many people who appreciate the information and the assistance that they receive from volunteers and party representatives handing out how-to-vote cards.
During the last ACT election, people asked me to explain our somewhat complex system. Having someone there with the knowledge to assist as they were going in is helpful. Most people expect there to be material at the polling booth. I am afraid that most of them do not do their homework as we would like, and this is especially beneficial given that each year our population changes by a staggering 30 per cent, meaning that many voters have never had any contact with the ACT electoral system,
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