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(Accountability, Integrity and Other Matters) Amendment Bill 2019 Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 Report No. 37, 56th Parliament Economics and Governance Committee February 2020 Economics and Governance Committee Chair Mr Linus Power MP, Member for Logan Deputy Chair Mr Ray Stevens MP, Member for Mermaid Beach Members Ms Nikki Boyd MP, Member for Pine Rivers Mr Sam O’Connor MP, Member for Bonney Mr Dan Purdie MP, Member for Ninderry Ms Kim Richards MP, Member for Redlands Committee Secretariat Telephone +61 7 3553 6637 Fax +61 7 3553 6699 Email [email protected] Technical Scrutiny +61 7 3553 6601 Secretariat Committee webpage www.parliament.qld.gov.au/egc Acknowledgements The committee acknowledges the assistance provided by the Department of Justice and Attorney-General, the Department of Local Government, Racing and Multicultural Affairs, and the Queensland Parliamentary Library and Research Service. Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 Contents Abbreviations iv Chair’s foreword vii Recommendations viii 1 Introduction 1 1.1 Role of the committee 1 1.2 Inquiry process 1 Inquiry consultation 2 1.3 Policy objectives of the Bill 2 Amendments relating to funding and expenditure for State elections 2 Amendments relating to signage for State elections 3 Amendments relating to dishonest conduct of Ministers 3 Amendments relating to dishonest conduct of councillors and other local government matters 3 1.4 Government consultation on the Bill 4 1.5 Should the Bill be passed? 6 2 Amendments relating to funding and expenditure for State elections 7 2.1 Background 7 2.2 Overall stakeholder views 9 2.3 Caps on electoral expenditure 14 The electoral expenditure cap scheme 14 Expenditure cap scheme definitions 16 Offences and recovery of amounts exceeding an expenditure cap 18 Stakeholder views 19 2.4 Caps on political donations 31 The political donation cap scheme 31 Donation cap scheme definitions 33 Offences and recovery of amounts exceeding a donation cap 34 Stakeholder views 36 2.5 State campaign accounts 44 Stakeholder views 48 2.6 Public election funding 52 Stakeholder views 53 Department’s response 54 2.7 Policy development payments 54 Stakeholder views 56 Department’s response 57 2.8 Supporting amendments 57 Registration of third parties 58 Agents for an election 58 Record keeping requirements 59 Disclosure requirements 60 Stakeholder views and the department’s response 61 Economics and Governance Committee i Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 3 Amendments relating to signage at State elections 65 3.1 Limits on signage around polling locations 65 3.2 Limits on the time for displaying or setting up signs at polling location 67 3.3 Offences and compliance actions 68 3.4 Stakeholder views and the department’s response 68 Prohibition on third party election signage in restricted signage areas 69 Technical aspects of the signage restrictions 71 4 Amendments relating to dishonest conduct of Ministers 74 4.1 Proposed offence – Integrity Act 2009 74 4.2 Proposed offence – Parliament of Queensland Act 2001 75 4.3 Penalties and compliance actions 75 4.4 Proceedings for the proposed offences 75 4.5 Crime and Corruption Commission position on proposed offences 76 4.6 Stakeholder views and the department’s response 77 Interaction with Cabinet Conventions 77 Interaction with existing offences 79 Technical aspects 79 Dishonest intent or strict liability offences 82 5 Amendments relating to dishonest conduct of councillors and other local government matters 94 5.1 Amendments relating to dishonest conduct of councillors 94 Crime and Corruption Commission position on proposed offences 95 Stakeholder views 96 Department’s response 100 5.2 Conflicts of interest 101 Prescribed conflicts of interest 103 Declarable conflicts of interest 104 Other matters relating to conflicts of interest 106 Stakeholder views and the department’s response 107 5.3 Councillor registers of interests 115 Stakeholder views 116 Department’s response 117 5.4 Filling a mayoral or councillor vacancy 117 Stakeholder views 118 Department’s response 119 5.5 Councillor advisors 120 Stakeholder views 121 Department’s response 124 5.6 Councillors to direct designated local government employees 124 Stakeholder views 125 Department’s response 125 5.7 Brisbane City Council senior contract employees 126 Stakeholder views and the department’s response 126 ii Economics and Governance Committee Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 5.8 Dissolution of a local government 126 Stakeholder views 127 Department’s response 128 5.9 Local government elections – minor amendments 128 Stakeholder views and the department’s response 129 6 Compliance with the Legislative Standards Act 1992 130 6.1 Fundamental legislative principles 130 Rights and liberties of individuals 130 Institution of Parliament 140 6.2 Explanatory notes 141 Appendix A – Submitters 142 Appendix B – Officials at public departmental briefing 146 Appendix C – Witnesses at public hearing 147 Statement of Reservation 149 Economics and Governance Committee iii Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 Abbreviations ACF Australian Conservation Foundation ACNC Australian Charities and Not-for-profits Commission ACT Australian Capital Territory AIP Australian Institute for Progress AJPCHR Australian Joint Parliamentary Committee on Human Rights (Parliament of Australia) ALP Australian Labor Party BCC Brisbane City Council BCCG Bayside Creeks Catchment Group Electoral and Other Legislation (Accountability, Integrity and Other Matters) Bill Amendment Bill 2019 BRU Brisbane Residents United CAFNEC Cairns and Far North Environment Centre CCC Crime and Corruption Commission CEO chief executive officer CJ Chief Justice Clerk Clerk of the Parliament (Queensland) COBA City of Brisbane Act 2010 Committee Economics and Governance Committee CPI Centre for Public Integrity Criminal Code Criminal Code Act 1899 D&O insurance director’s and officer’s insurance DJAG Department of Justice and Attorney-General DLGRMA Department of Local Government, Racing and Multicultural Affairs DPP Director of Public Prosecutions ECQ Electoral Commission of Queensland EDO Environmental Defenders Office iv Economics and Governance Committee Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 Electoral Act Electoral Act 1992 FLP Fundamental legislative principle Gecko Gecko Environment Council Association Inc GPAP Greenpeace Australia Pacific HRLC Human Rights Law Centre Human Rights Act Human Rights Act 2019 Independent Remuneration Queensland Independent Remuneration Tribunal Act 2013 Tribunal Act Integrity Act Integrity Act 2009 Justices Act Justices Act 1886 LECNA Logan East Community Neighbourhood Association Inc LGA Local Government Act 2009 LGAQ Local Government Association of Queensland LGEA Local Government Electoral Act 2011 LGMA Local Government Managers Australia Queensland LNP Liberal National Party LSA Legislative Standards Act 1992 NQCC North Queensland Conservation Council NSW New South Wales NT Northern Territory OIA Office of the Independent Assessor Operation Crime and Corruption Commission, Operation Belcarra: A blueprint for integrity Belcarra Report and addressing corruption risk in local government, October 2017 OQPC Office of the Queensland Parliamentary Counsel OSCAR Organisation Sunshine Coast Association of Residents Inc PDP policy development payment POQA Parliament of Queensland Act 2001 Economics and Governance Committee v Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 QCA Queensland Community Alliance QCCL Queensland Council for Civil Liberties QCOSS Queensland Council of Social Service Ltd QCU Queensland Council of Unions QHRC Queensland Human Rights Commission QIC Queensland Integrity Commissioner QLGRA Queensland Local Government Reform Alliance Inc QLS Queensland Law Society QNMU Queensland Nurses and Midwives’ Union SMS Short message service Standing Orders Standing Rules and Orders of the Legislative Assembly (Queensland) Together Together Queensland Industrial Union of Employees Queensland UK United Kingdom All Acts are Queensland Acts unless otherwise specified. vi Economics and Governance Committee Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 Chair’s foreword This report presents a summary of the Economics and Governance Committee’s examination of the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019. The committee’s task was to consider the policy outcomes to be achieved by the proposed legislation and the application of fundamental legislative principles – that is, to consider whether the Bill has sufficient regard to the rights and liberties of individuals, and to the institution of Parliament. On behalf of the committee, I thank those individuals and organisations who made written submissions to the inquiry and appeared at the committee’s hearing on the Bill. I also thank our Parliamentary Service staff, the Department of Justice and Attorney-General, and the Department of Local Government, Racing and Multicultural Affairs for their assistance. I commend this report to the House. Linus Power MP Chair Economics and Governance Committee vii Electoral and Other Legislation (Accountability,
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