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Electoral Act Review - Final Report

On 3 May 2018 the Premier, the Hon. Will Hodgman, announced that a review would be undertaken of Tasmania’s Electoral Act 2004 and associated election laws to be jointly conducted by the Department of Justice and the Department of Premier and Cabinet (the Review).

The Review has been guided by two principles: protecting freedom of speech, with note to Constitutional implications; and minimal cost to the taxpayer.

The Terms of Reference for the Review are:

  1. Modernising the current Tasmanian Electoral Act, with specific examinations of sections including section 191(1)(b), 196(1) and 198(1)(b);
  2. Whether state-based disclosure rules should be introduced, and, if so, what they should include; and
  3. The level of regulation of third parties, including Unions, during election campaigns.

The Terms of Reference for the Review were released for public consultation from 12 June to 20 July 2018.

The Interim Report was informed by the submissions on the Terms of Reference, recent case law and the experience of other Australian jurisdictions including legislative models in place in those jurisdictions.

The Interim Report provided a summary of this information and preliminary analysis and posed 20 consultation issues to guide consultation. The Interim Report was released for public consultation on 20 December 2018, which closed on 15 April 2019.

In addition, a draft Bill containing a number of minor and technical amendments proposed for introduction as the first tranche of reforms resulting from the Review was released for consultation at this time. The amendments were passed by both Houses of Parliament and have since commenced.

The Final Report

The Final Report (PDF, 6.7 MB) has now been released.

It is divided into four sections which largely align with the three Terms of Reference for the Review and include an additional section relating to implementation issues for the proposed reforms.

The Final Report makes 11 recommendations. Several of these recommendations contain a number of sub-sections. This detail is included to ensure readers can form an accurate picture of the reforms proposed.

Submissions

The submissions received on the Terms of Reference and the Interim Report are now available below, other than those submissions, or parts of submission, which the Tasmanian Government Public Submissions Policy provides are not for publication. That includes submissions from exempt bodies; duplicate or updated submissions, personal, sensitive or offensive or defamatory information; information the submitter requested be confidential; information that does not substantively comment on relevant issues; or that would be exempt under the Right to Information Act 2009 or contrary to the Personal Information Protection Act 2004.

Terms of Reference

Name/OrganisationDate

Andrew Wilkie MP (PDF, 77.1 KB)

19 July 2018

Anne Layton-Bennett (PDF, 692.3 KB)

20 July 2018

Australian Christian Lobby (PDF, 145.3 KB)

20 July 2018

Australian Labor Party (Tasmania) (PDF, 491.6 KB)

20 July 2018

Civil Liberties Australia (PDF, 574.7 KB)

20 July 2018

Don Wing (PDF, 4.5 MB)

20 July 2018

Dr Kevin Bonham (PDF, 40.2 KB)

19 July 2018

Graeme Lindsay (PDF, 445.6 KB)

18 July 2018

Hobart City Council (PDF, 1.9 MB)

24 July 2018

Integrity Commission  (PDF, 3.1 MB)18 July 2018

Ivan Dean MLC (PDF, 381.6 KB)

5 July 2018

Kerin Booth (PDF, 773.6 KB)

12 July 2018

Kerrie Thomas (PDF, 520.1 KB)

11 July 2018

Liberal Party of Australia (Tas) (PDF, 145.7 KB)

23 July 2018

Local Government Association of Tas (LGAT) (PDF, 202.8 KB)

19 July 2018

Local Government Professionals (PDF, 349.7 KB)

19 July 2018

Lynette Shennan (PDF, 243.5 KB)

12 July 2018

News Corp Australia & Fair Fax Media (PDF, 158.7 KB)

13 June 2018

Professor Richard Eccleston and Mr Nicholas Gribble
(PDF, 1.1 MB)

20 July 2018

Robert O’Keefe (PDF, 411.7 KB)

26 June 2018

Rosemary Armitage (PDF, 1.4 MB)

18 July 2018

Simon Warriner (PDF, 15.2 KB)

9 July 2018

Sven Wiener (PDF, 62.9 KB)

20 July 2018

Tasmanian Electoral Commission (PDF, 386.7 KB)

20 July 2018

Tasmanian Greens (PDF, 202.5 KB)

20 July 2018

Unions Tasmania (PDF, 206.2 KB)

20 July 2018

Interim Report

Name/OrganisationDate

Allan P Fawcett (PDF, 14.2 KB)

13 February 2019

Andrew Heard (PDF, 15.1 KB)

13 February 2019

Ann McCuaig (PDF, 277.1 KB)

18 February 2019

Anne Layton-Bennett (PDF, 711.3 KB)

24 March 2019

Anonymous (PDF, 365.2 KB)

18 February 2019

Anonymous (PDF, 18.6 KB)

13 February 2019

Anonymous (PDF, 66.2 KB)

13 February 2019

Australian Labor Party (Tasmania) (PDF, 424.4 KB)

15 April 2019

Catherine Errey (PDF, 89.2 KB)

15 February 2019

Community Legal Centres Tasmania (PDF, 533.3 KB)

14 April 2019

David Halse Rogers (PDF, 110.9 KB)

7 February 2019

Dr Andrew T Davidson (PDF, 62.1 KB)

17 February 2019

Dr David Treanor (PDF, 71.4 KB)

13 February 2019

Essie Davis (PDF, 14.5 KB)

15 February 2019

Fairlie Ferguson (PDF, 66.1 KB) 18 April 2019

Georgina Ferguson (PDF, 47.9 KB)

14 February 2019

Graeme Lindsay (PDF, 194.0 KB)

31 January 2019

Grant Scurr (PDF, 9.9 KB)

13 February 2019

Jaquie Lambie Network (PDF, 256.1 KB)

19 February 2019

Jeremy Nuttall (PDF, 46.5 KB)

15 February 2019

Jill Nolan (PDF, 13.6 KB)

14 February 2019

John G Hughes (PDF, 82.4 KB)

14 February 2019

Keith Thompson (PDF, 43.5 KB)

15 February 2019

Kevin Bonham (PDF, 369.7 KB)

15 April 2019

Kym Achilles (PDF, 38.3 KB)

17 February 2019

Liberal Party of Australia (Tasmania) (PDF, 417.0 KB)

4 February 2019

Liberal Party of Australia (Tasmania) (PDF, 179.7 KB)

15 April 2019

Marcus Higgs (PDF, 78.7 KB)

15 February 2019

Margaret Taylor, R J Scott, Austra Maddox (PDF, 123.8 KB)

4 February 2019

Max Atkinson (PDF, 836.9 KB) 12 April 2019

News Corp and Nine (PDF, 820.6 KB)

14 January 2019

Noela Foxcroft (PDF, 18.8 KB)

14 February 2019

Peter Blackwell (PDF, 47.3 KB)

16 February 2019

Professor Richard Eccleston and Dr Zoe Jay (PDF, 343.1 KB)

15 April 2019

Richard Angus (PDF, 84.8 KB)

13 February 2019

Robert Jackson (PDF, 42.2 KB)

15 April 2019

Ross Licolne (PDF, 45.2 KB)

14 February 2019

Sara Dane (PDF, 14.0 KB)

13 February 2019

South Hobart Progress Association (PDF, 43.6 KB)

4 February 2019

Stephen Foskett (PDF, 62.8 KB)

13 February 2019

Sue Nettlefold (PDF, 16.7 KB)

15 February 2019

Tasmania 2018 Election Inquiry (PDF, 241.0 KB)

15 February 2019

Tasmania Law Reform Institute (PDF, 104.5 KB)

17 April 2019

Tasmanian Electoral Commission (PDF, 2.0 MB)

19 March 2019

Tasmanian Greens (PDF, 786.3 KB) 18 February 2019

Tasmanian Greens (PDF, 642.0 KB)

20 February 2019

Tess Fletcher (PDF, 14.1 KB)

13 February 2019

Tim Sprod (PDF, 13.8 KB)

11 February 2019

Tom Kingston (PDF, 215.8 KB)

13 February 2019

Tony Thurstans (PDF, 62.6 KB)

14 February 2019

Una Harbinson (PDF, 15.4 KB)

13 February 2019

Unions Tasmania (PDF, 245.0 KB)

15 April 2019

United Church, Alliance for Gambling Reform, Foundation of Alcohol Research and Education, National Alliance for Action on Alcohol (PDF, 57.9 KB)

15 April 2019

Uniting Church of Australia, Synod of Victoria and Tasmania (PDF, 116.7 KB)

18 February 2019

Vica Bailey (PDF, 872.6 KB)

15 April 2019

Warren Hastings (PDF, 64.8 KB)

18 February 2019

Zoe Cosens (PDF, 41.4 KB)

13 February 2019