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Good Government in Tasmania Good government in Tasmania Strengthened donations laws and Right to Information provisions, as well as a Tasmanian Integrity Commission with teeth and new truth in political advertising laws are needed to ensure good government in Tasmania. Discussion paper Leanne Minshull November 2020 ABOUT THE AUSTRALIA INSTITUTE The Australia Institute is an independent public policy think tank based in Canberra. It is funded by donations from philanthropic trusts and individuals and commissioned research. We barrack for ideas, not political parties or candidates. Since its launch in 1994, the Institute has carried out highly influential research on a broad range of economic, social and environmental issues. OUR PHILOSOPHY As we begin the 21st century, new dilemmas confront our society and our planet. Unprecedented levels of consumption co-exist with extreme poverty. Through new technology we are more connected than we have ever been, yet civic engagement is declining. Environmental neglect continues despite heightened ecological awareness. A better balance is urgently needed. The Australia Institute’s directors, staff and supporters represent a broad range of views and priorities. What unites us is a belief that through a combination of research and creativity we can promote new solutions and ways of thinking. OUR PURPOSE – ‘RESEARCH THAT MATTERS’ The Institute publishes research that contributes to a more just, sustainable and peaceful society. Our goal is to gather, interpret and communicate evidence in order to both diagnose the problems we face and propose new solutions to tackle them. The Institute is wholly independent and not affiliated with any other organisation. Donations to its Research Fund are tax deductible for the donor. Anyone wishing to donate can do so via the website at https://www.tai.org.au or by calling the Institute on 02 6130 0530. Our secure and user-friendly website allows donors to make either one-off or regular monthly donations and we encourage everyone who can to donate in this way as it assists our research in the most significant manner. Level 1, Endeavour House, 1 Franklin St Canberra, ACT 2601 Tel: (02) 61300530 Email: [email protected] Website: www.tai.org.au ISSN: 1836-9014 Contents Introduction ...................................................................................................................... 1 Recommendations from the Australia Institute ........................................................... 2 Election donations reform ........................................................................................ 2 Right to Information ................................................................................................. 3 Tasmanian Integrity Commission ............................................................................. 3 Truth in political advertising ..................................................................................... 3 The need for open and good government ....................................................................... 4 1. Not a priority ............................................................................................................ 4 2. Commercial in confidence ........................................................................................ 5 Donations law reform ....................................................................................................... 7 Reform proposals ....................................................................................................... 10 Expenditure caps in the ACT ....................................................................................... 11 Recommendations from the Australia Institute ......................................................... 11 Expenditure caps .................................................................................................... 11 Donation disclosure ................................................................................................ 12 Donation bans......................................................................................................... 12 Right to Information ....................................................................................................... 13 Review by the Ombudsman ....................................................................................... 15 Recommendations from the Australia Institute ......................................................... 16 Accountability – The need for a stronger integrity commission .................................... 18 Narrow jurisdiction ..................................................................................................... 19 Lack of public hearings ............................................................................................... 20 Recommendations from the Australia Institute ......................................................... 21 Truth in political advertising ........................................................................................... 22 Recommendation from the Australia Institute .......................................................... 24 Conclusion ...................................................................................................................... 25 Introduction Compared to other Australian states, Tasmania has weaker political donation laws, less government transparency and limited public accountability. Most other Australian states restructured their accountability mechanisms following a public corruption scandal. Tasmania has endured comparable scandals, but the response has been less robust. The one good thing about being at the back of the pack is the opportunity to choose the best of the rest, leapfrogging the field. Tasmania can emerge as a national leader in good government if the political will exists. Some areas of governance reform have never been attempted, while others were last attempted – unsuccessfully – over a decade ago. In 2009, following increasing pressure for government transparency, the then Bartlett Labor government introduced a number of reforms including the creation of the Tasmanian Integrity Commission (TIC) and a Right to Information (RTI) framework. In the following decade, the TIC has never held an inquiry using all of its investigative powers, meaning that it has made no misconduct findings or held any public hearings. The Australia Institute was unable to find any evidence of cases being referred to the Director of Public Prosecutions (DPP). The jurisdiction of the TIC is also more limited than the analogous integrity commissions of some other states: it cannot investigate persons who are not public servants or members of parliament. The Right to Information Act came into force in 2010 in order to increase accountability of the executive to the people of Tasmania. A decade on, as at 1 July this year, the office of the Ombudsman was investigating 82 RTI cases, which had been “open” for an average of 418 days. Tasmania is an underperformer in ensuring RTIs are processed in a timely manner, and has a higher than average instance of redactions and rejections in comparison to other states. Tasmania does not have state-level political donation laws. Only federal laws apply, meaning that there is no obligation to report donations below $13,500 nor an obligation to report direct donations to political candidates at all. Unlike some other states, there are no bans on donations from particular industries such as property developers or the gaming industry, no ban on foreign donations and no caps on election expenditure. Tasmania does outlaw the use of another candidate’s image and name during an election period. However, it is still perfectly legal for candidates and parties to lie in political Good government in Tasmania 1 advertising. The Australian Capital Territory recently followed South Australia in passing truth in political advertising laws in 2020. Rather than implement piecemeal legislation as scandals unfold, Tasmania could pre- emptively implement reforms in these four areas of governance that would collectively make Tasmania Australia’s most accountable state government. This would both strengthen democracy in Tasmania and help restore trust in government and politics. This report recommends that the Government undertake significant rather than piecemeal reform in 2021 to ensure the people of Tasmania have confidence in their democracy and their elected officials. RECOMMENDATIONS FROM THE AUSTRALIA INSTITUTE Election donations reform Expenditure caps Tasmania already has expenditure caps for Legislative Council elections. The caps apply for the period between the beginning of the year of the election and the end of polling day. This is easier to do in Legislative Council elections where the term is set. Elections for the House of Assembly are not legislated to occur every four years, but this has been the protocol for a number of elections. Were an election to be held before the fourth year, the election period for the purposes of spending caps could be taken from the issuing of the writs. Donations caps for candidates and political parties would not have addressed the large spending from third parties during the 2018 election. Other jurisdictions place spending caps on third parties and associated entities. Expenditure Caps • Cap election expenditure at $30,000 per party candidate and $30,000 per party in the State House of Assembly. • Keep the current system of donations caps in the Legislative Council. • Third
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