D ONATI TIONS & OT OTHER ER D ANGE ANGERS TO D EMOCR CRACY CY
W E ARE STANDING ON A BORIGINAL LAND OF THE K ABI K ABI /G UBBI G UBBI PEOPLE
Age Agenda 1. Revel Pointon, EDO Qld – overview of key threats of political donations and revolving door and current regulations 2. Cameron Murray, The Australia Institute – how ‘the game’ works and how we can stop it 3. Greg Smith and Melva Hobson, OSCAR – issues on the Sunshine Coast 4. Discussion and questions
Ab About E EDO DO Ql Qld • Non-government • Non-profit community legal centre operating for over 25 years • Part of a national network, EDOs of Australia • Over 80% community funded ( Thank you for helping us continue this work!)
How we ow we can he help p you you Our lawyers provide: 1. Legal advice (free advice line) 2. Legal representation 3. Law and policy reform advocacy 4. Community education
What at is dem emocra cracy? From Greeks: ‘ Demos ’: people ‘ Kratos ’: power or rule. = Rule/ power of the people Australia is a representative democracy - eligible people vote for candidates to carry out the business of governing on their behalf.
What ar hat are k e key ey el eleme ements of f demo emocrat atic dec ecision mak making? g? • Representative of the population – public interest is considered in decision making • Transparent – decision making processes are open to public • Accountable – the public can be meaningfully involved in decision making and can question or test decisions
So, wha o, what’s ’s t the he pr prob oblem? ? • Senator Matt Canavan, 2017: “ It has been such an honour to represent the Australian mining sector over the past year” • Tony Abbot, farewell speech to former industry minister Ian Macfarlane, calling on the mining industry to “ acknowledge and demonstrate their gratitude to him in his years of retirement from this place”
Imagin ine…. …. • Your friend gives you a spare car, you need a car. A few months later, your friend asks you if she can borrow money. How do you make your decision? • You’re a planning officer, your good friend from school puts in an application for a development, it will make your property value increase in the next door property. How do you make your decision?
Safe Safeguards o of f de demo mocracy Elections Open government debate and Hansard Codes of Conduct (that are enforceable) Right to Information/ Freedom of Information Submissions to government and committees Appeal rights to independent courts Media scrutiny, kind of Unions and social movements …….
Cu Current a attack ck on advoc ocacy by chariti ities! s!
How a are politic litical d l donatio tions s regula ulate ted currentl tly? Federally: – Disclosure required of donations above $13,500 annually – Annual returns for donors and third party campaigners – Election disclosures – Public funding scheme for parties and candidates with over 4 percent of the primary vote, paid per vote (currently $268.30)
Is s it it work rking? Excerpt from: 2 Feb 2018, Lindy Edwards, https://theconversation.com/the-truth-about-political-donations-there-is-so-much-we-dont-know-91003
Hole les s in federal regula ulatio tion • $13,200 too high as disclosure threshold • Large donations can be split between branches, or across multiple days • No cap on amount that can be donated or who can give • Reported once - annually, in February • Do not need to distinguish between ‘donations’ and ‘other receipts’
Qld regula ulati tion on of politi itical donati tion ons • Donation disclosure threshold - $1,000 • Donations to be disclosed within 7 days • Fundraising dinner/raffle tickets = disclosable gift • Reporting required within 15 weeks of election • Unlawful to receive foreign gifts, or more than $200/$1000 from an anonymous donor • Third party disclosure of $1,000+ expenditure advocating voting or drawing attention to issue
Future Qld regulation…? Possible ban on developer donations?
What t about bout local government? t? • Local Government Act – imposes Code of Conduct on public servants and obligations on Councillors • Local Government Electoral Act – requirements around elections to prevent ‘corrupt conduct’ • Operation Belcarra – highlighted serious issues around elections
Local government t election tion donati tion ons • Candidates and groups of candidates must submit disclosure return after polling day – detailing donations and loans during period • Real-time - within 7 days - donation disclosure is now required (since July 2017) • Third parties who spent $ on political activities over threshold must also disclose
Local government – disclosing interests • Register of interests must be kept for: – Councillors (including Mayors) and relatives – CEOs and relatives – Senior executive employees and relatives • You can inspect register for Councillors but no one else. • Includes: gifts of >$500, shares or controlling interests, officer positions in corporations etc
Councillors – Conflicts of interest • Conflicts of interest : may exist if a decision is, or may be seen to be , influenced by the decision makers personal interests. • Councillor’s must declare conflicts of interest • And state how they intend to deal with the conflict – up to their discretion • If they don’t – they may be guilty of misconduct. • However, they can stay if they are needed to get voting quorum…
Councillors – Material personal interest • Material personal interest: may exist if the councillor or certain related persons (eg a spouse or employer) will gain a benefit or suffer a loss, directly or indirectly, from the matter. • Must “inform the meeting of” the interest and, generally, leave the room while the matter is discussed and voted on. • Not legislated that donations should be considered a ‘material personal interest’… general business ?
Prop Propos osed l leg egislation on t to o implement nt Ope perat ation B Belcarra • Prohibits property developer donations to local government politicians • ‘ Prohibited donor ’ = a property developer and their close associates, such as related corporations, directors and their spouses and any industry representative organisation whose members are mainly property developers. • Also introduces: more disclosure, less discretion around managing conflicts of interest, delegation to CEO where Councillors have majority conflict • Stay tuned for when it’s introduced! Have your say.
Safegu Safeguar ards agai against th the e ‘r ‘revolving d door or’ Federally and Queensland: • Separate Register of Lobbyists – advisors and public servants cannot have dealings with unregistered lobbyists • Lobbyists must disclosure info re. connections, previous senior government employment, who they work for etc • Separate Lobbyist Code of Conduct e.g. must submit records of contact with government and opposition representatives monthly
How How i is th the ‘revolving door oor’ r regulate ted cu currentl tly? Federally: – 12 month restriction for Senior public servants to ‘engage in lobbying activities relating to any matter that they had official dealings with in their last 12 months of employment'. – 18 month restriction for Cth Ministers and Parliamentary Secretary Queensland: – 2 year restriction on senior government officials
https://www.forgov.qld.gov.au/system/files/documents/w-o-g-post-separation-provisions.pdf?v=1454302249
Wha hat mor ore cou ould d Ql Qld d be doi doing? ? • We must use, protect and fight for our legal rights and processes to help keep our government honest and working in the public interest • How do you feel we could bring more accountability and transparency to government decision making? • How can we better protect our democratic processes?
Thank you you! • Join Us edoqld.org.au • Follow Us @EDOQldLaw • Support Us edoqld.org.au/donate
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