Age Agenda 1. Revel Pointon, EDO Qld overview of key threats of - - PowerPoint PPT Presentation

DONATI

TIONS & OT OTHER ER

DANGE

ANGERS TO DEMOCR CRACY CY

WE ARE STANDING ON ABORIGINAL LAND

OF THE

KABI KABI/GUBBI GUBBI

PEOPLE

Age Agenda

• 1. Revel Pointon, EDO Qld – overview of key threats
• f 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
• n 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

• w 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
• pen to public
• Accountable – the public can be meaningfully

involved in decision making and can question

• r test decisions

So, wha

• , what’s

’s t the he pr prob

• blem?

?

• 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

• f

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

• cacy 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,
• r 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

• n of politi

itical donati tion

• ns
• 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

• ns
• 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
• ne 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

• r 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

• sed l

leg egislation

• n t

to

• 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

• r’

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

• or’ 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

• re cou
• uld

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!

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