2015-11-26
Mr BARBER (Northern Metropolitan) — My question is to the Special Minister of State in regard to his responsibilities for the reform and improvement of Victoria's integrity systems. Yesterday we had tabled in this house a report from the Ombudsman, and I would like to quote a couple of things that she said in the accompanying press release:
Rules governing donations to political candidates in Victoria are inadequate and should be reformed to protect both public confidence in the electoral system and the reputation of people standing for election.
…
New South Wales has legislated against property developers making political donations, the constitutional validity of which was recently upheld in a High Court decision.
'The High Court referred to the well-evidenced corruption risk in that state … when ruling on the New South Wales case.
'The risk in Victoria is no different. It must therefore be time for Victoria to put this issue back on the table with a view to reform before the next election. We should not wait for a scandal … to happen …
I ask the minister: when will the government be responding to the Ombudsman's report and recommendations?
Mr JENNINGS (Special Minister of State) — I thank Mr Barber for his question and his interest, which is consistent with the matters that we have actually discussed in the chamber in the last few sitting weeks. I am sure the Ombudsman will be very pleased to know where the Hansard extract of the quotes from her press release begins and ends, as distinct from the way Mr Barber concluded his question, because the Ombudsman went a little bit further in the press release. Certainly Mr Barber extrapolated even further, on the basis of his line of inquiry to me, beyond what the Ombudsman said in her report.
Having given that introduction, I repeat to the chamber what I indicated when we debated recently a reference requiring a parliamentary committee in Victoria to have a look at political donations and the regulatory regime around them. My response at the time was that there had been a significant piece of work undertaken by the Parliament as far back as 2009. My colleagues on the Electoral Matters Committee looked at those matters in 2009 and made recommendations that have not been acted upon within Victoria from that stage until now. In the intervening period there had been an expectation that there would be a national framework to deal with political donations dealt with through the prism of either bilateral relationships between the states and the commonwealth or, more preferably, through the Council of Australian Governments (COAG) framework and that there would be an agreed approach to the harmonisation of political donation laws.
As the member indicated in his question, there was High Court consideration of these matters recently, which led to some apprehension about jurisdictions moving before the High Court made its determination about whether the New South Wales laws were deemed to be valid or not. As he has indicated, the determination of the High Court was to uphold New South Wales's jurisdiction, so that creates a foundation by which those laws can be assessed at the state level. At the national level, the High Court has actually affirmed them.
I reiterate on behalf of the Victorian government our preference to deal with these matters through the federal harmonisation of these laws. However, an undertaking that I made in the debate recently in the Parliament was that if those COAG agreements, understandings and negotiations are inconclusive and do not lead to a national harmonisation of those laws, then the Victorian government is very happy to look through the remainder of its term at the need for Victoria to move to act on whatever are seen to be deficiencies in the political donations regulatory landscape.
Mr BARBER (Northern Metropolitan) — I thank the minister for his answer. If the answer to the Victorian Ombudsman reporting to the Victorian Parliament about what she sees as a deficiency within the Victorian system is that it depends on COAG and a consensus being formed between a whole series of state and federal Labor and Liberal-led governments on the issue of donations, could the minister update the house on where things are at at this precise moment with COAG on this question?
Mr JENNINGS (Special Minister of State) — In fact I did not totally rely on it — in fact, quite the opposite. I indicated that in terms of the sequence of consideration of these matters they would be in the first instance dealt with through a COAG framework, but not exclusively. I indicated that if they were not concluded in a satisfactory fashion, the Victorian government would come back and invite the Parliament of Victoria to consider those matters in the future, so I have already indicated that we are prepared to reflect on the progress of COAG's considerations.
I am comforted, and the member should be comforted, by three things: comments by the Premier of Victoria, the comments of the Premier of New South Wales and some indication that the Prime Minister is currently considering this. Within the last month all have made public commentary that they are prepared to consider these matters. It may create a momentum for COAG's consideration of these issues that have been laying somewhat dormant at the federal level for quite some time, but there are positive statements by the leaders of those three jurisdictions. I would hope it will lead to an escalation and momentum for reform.
To access full speeches and debates please visit http://hansard.parliament.vic.gov.au/isysadvsearch.html where you can search Victorian Hansard publications from 1991 onwards.