Senate debates

Thursday, 21 June 2012

Bills

Electoral and Referendum Amendment (Maintaining Address) Bill 2011, Electoral and Referendum Amendment (Protecting Elector Participation) Bill 2012; Second Reading

7:29 pm

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

Democracy is a fragile flower. It is the standout form of government where people are able to contest elections, advocate for ideas and candidates and vote for representatives of their choice. Democracy largely relies on an unwritten compact, a culture which sees, among other things, the peaceful handover of government by one party to another in the face of electoral defeat, a culture which allows people to freely exercise their vote. As an aside, such freedom should include, in my respectful opinion, the right not to vote, as allowed in most democracies, but I accept I am in a minority not only in this place but also in my party in relation to that particular proposition, so I will move on.

For a democracy to be fully functional it requires people to have absolute confidence in the electoral results. They might not like the results but they need to know they were achieved robustly and fairly and with absolute integrity. That is why I and other colleagues on the coalition benches have consistently inquired into the issue of multiple voting. In a close election result, as we experienced in 2010, we need to know the result was not manipulated.

Earlier this year, on 16 January, I asked some follow-up questions to ascertain the details and prevalence of the scourge of multiple voting. The answer, in case anyone is interested, is in response to question No. 1511. The answer informed us that 16,210 electors were found to be marked off a certified list more than once. The highest number of multiple votes by one person was 10. One thousand, four hundred and fifty-eight electors admitted to multiple voting, yet not a single person was charged and only three were given cautions. If we are to retain confidence in the outcome of our democratic processes, we need confidence in the robustness of the system. The figures I just referred to do not lend themselves to the encouragement of community confidence in the integrity of our system.

I accept—I am a bit of a lone voice on this—that the presentation of some form of identification at the time of voting may be a measure to reduce the incidence of multiple voting. In short, the integrity of our system of democracy in voting is a vital ingredient in the culture of democracy. That is why the integrity of the electoral roll is so important. That brings us to this bill, which will further undermine the integrity of the electoral roll and thus consequentially undermine confidence in our democracy. And that is why the coalition opposes the Electoral and Referendum Amendment (Maintaining Address) Bill 2011. It slackens what should be a tight enrolment and re-enrolment process. To retain confidence and integrity in the system, we need safeguards. That is why direct and deliberate enrolment and re-enrolment are so essential. I know we will be told about safeguards. We are told the same thing about multiple voting, yet we know it occurs and the official figures confirm it. It happens not once or twice but literally thousands of times each election.

The use of external data—that is, data not collected or validated by the Australian Electoral Commission itself—is a matter of concern. It is that external data which the Australian Electoral Commission would seek to use to enrol and re-enrol people. It is known from previous audits that the Australian Taxation Office, Medicare and other files are not as robust as we might hope. The Australian National Audit Office, who hopefully know something about this, told us in report No. 37 of 1998-99 that there were 3.2 million more tax file numbers than people in Australia at the 1998-99 census. We were also told that 62 per cent of deceased clients were not recorded as deceased in a sample match. Similarly, a more recent audit report, No. 24 of 2004-05, said:

ANAO found that up to half a million active Medicare enrolment records were probably for people who are deceased.

So simply to leave to some bureaucrats and, with respect to be Australian Electoral Commission, highly regarded officials to determine what may be a 'reliable and current data source' simply does not cut it for me or for the coalition. It is appropriate for the AEC to make contact with electors based on information to which they might have access to encourage re-enrolment or to update relevant information or enrolment. That makes sense. But we need the protection to ensure that changes are not made in error. Regrettably, this legislation goes that step too far by allowing the Australian Electoral Commission to directly update an elector's enrolled address. That Labor should seek to pursue measures that allow for roll integrity to be compromised does not surprise and should not surprise. We all recall Labor MP Mike Kaiser in Queensland, who rorted the electoral roll. He was later given a safe landing as chief of staff to a certain Labor Premier in New South Wales and then found his way back into Queensland for employment in the Queensland Labor government. Labor simply does not take these matters seriously and, in fact, anybody caught, such as Mike Kaiser, is always looked after, always given a soft landing. Now Labor is going even further with another bill for automatic enrolment, with the Orwellian name of 'protecting elector participation'. In fact, it is conscription. There is no protection about it. It is putting people on the electoral roll whether they ask for it or not.

Let us turn to the explanatory memorandum in relation to that second bill. I note that the explanatory memorandum tells us:

The Bill contains provisions that will:

    I think most of us who are active in politics in this place have always been anxious close to an election to get the final electoral roll for particular electorates, so we then can do our mail-outs and our advocacy to the electors. And bundles and bundles and bundles of those letters are returned as 'not at this address'. I remember observing that as Special Minister of State. I understand that, if there is one thing I can lay claim to, I am the longest-serving Special Minister of State. I remember going around to electoral offices—and by 'electoral offices' I mean 'electoral' as in the Australian Electoral Commission offices around Australia, not individual MPs' electorate offices—where the MPs, Labor and coalition, brought to the Australian Electoral Commission all the returned envelopes, including hundreds of people who had been rushed onto the electoral roll in the last few days that you are allowed to enrol before an election.

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