House debates

Thursday, 25 November 2021

Bills

Electoral Legislation Amendment (Candidate Eligibility) Bill 2021; Second Reading

10:35 am

Photo of Tim WilsonTim Wilson (Goldstein, Liberal Party, Assistant Minister to the Minister for Industry, Energy and Emissions Reduction) Share this | Hansard source

I move:

That this bill be now read a second time.

Today I introduce the Electoral Legislation Amendment (Candidate Eligibility) Bill 2021.

This bill amends the Commonwealth Electoral Act 1918 to streamline the candidate qualification checklist by asking six fewer questions, while increasing the transparency of information relevant to the status of candidates for elected office.

I also table a sample form of candidate qualification checklist, produced by the Australian Electoral Commission that the amendments in this bill give effect to.

The bill implements recommendation 1 of the bipartisan Joint Standing Committee on Electoral Matters' (JSCEM) report on the conduct of the 2019 federal election and matters related thereto.

An exposure draft of this bill, and the tabled form that gives effect to the recommendations of JSCEM, are currently subject to an inquiry of JSCEM. I thank the chair for his detailed consideration of these matters; the government looks forward to considering the findings of the committee upon the prompt finalisation of its inquiry, and is prepared to consider amendments to this bill in accordance with any further recommendations.

In line with these recommendations, the bill strengthens and clarifies the nominations process. This will result in improved public confidence in Australia's electoral system.

Section 44 candidate checklist

This bill replaces the existing 'section 44 qualification checklist' for people wishing to nominate as candidates in federal elections.

The checklist is part of the candidate nomination forms and allows candidates to demonstrate their eligibility to be elected to parliament under section 44 of the Australian Constitution.

The amended checklist outlined in the bill will enhance the integrity of the electoral system by requiring candidates to respond to key questions about their citizenship status and eligibility.

The amended qualification checklist makes some questions mandatory for candidates, and requests important additional information as to the date of birth, place of birth, and date of naturalisation (if not an Australian citizen at time of birth), of a candidate. It also requests the date of birth and place of birth for parents and grandparents.

Clarifying existing disclosure requirements, the checklist streamlines the process for candidates to advise additional details in relation to their citizenship where they are known, answering for example if they became a citizen of a country other than Australia as a result of a relationship with a current or former spouse or similar partner.

The amended checklist will increase transparency by allowing members of the public to scrutinise the information provided by candidates, which is published on the Australian Electoral Commission website.

Existing privacy safeguards will still apply, and candidates may redact, omit or delete information in additional documents they do not wish to be published that are not relevant to their eligibility.

Conclusion

The amendments in this bill demonstrate the government's commitment to improve transparency of the Australian electoral system and support voter confidence in election processes, which is imperative to the functioning of our democracy.

Debate adjourned.

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