- Date:
- 30 June 2023
The Panel's reviews
On 12 May 2023, the Victorian Government announced the appointment of the Electoral Review Expert Panel (Panel) to examine ways to improve Victoria's electoral and political donations system.
The terms of reference of the Panel require the Panel to produce a main report and a supplementary report.
Main report
The Panel reviewed the 2018 amendments to the Electoral Act 2002. The Panel also considered recommendations from the Independent Broad-based Anti-corruption Commission's Special Report on corruption risks associated with donations and lobbying.
The Panel delivered its Report on Victoria’s laws on political finance and electronic assisted voting to the Premier on 24 November 2023.
The report was tabled in the Parliament of Victoria on 5 March 2024. It is available on the Parliament's website, here.
Supplementary report
The Panel has also produced a supplementary report on political party administration. The Panel examined whether minimum party administration requirements should be introduced to qualify for public funding.
The Panel delivered its supplementary report to the Premier on 23 February 2024.
Public forums
The Panel held public forums with experts and stakeholders in July and August 2023. Recordings and transcripts have been made available.
Further information about the Panel's public forums is available here.
The Panel
The Panel was chaired by Ms Elizabeth Williams, who was Victoria’s Deputy Electoral Commissioner from 2005 to 2021. Ms Williams served alongside Mr David Feeney and Ms Helen Kroger, who both hold extensive practical experience in electoral matters and community advocacy as former Members of the Commonwealth Parliament.
Elizabeth Williams (Chair)
Ms Williams served as Deputy Electoral Commissioner at the Victorian Electoral Commission (VEC) from 2005 to 2021. While at the VEC, Ms Williams led the implementation of the 2018 electoral and political donations reforms, and has extensive experience overseeing state and local government elections, legal and regulatory compliance and electoral funding.
Ms Williams now operates her own consultancy services on leadership, governance and electoral practice. She was recently appointed as a member to an Electoral Representation Advisory Panel to review the electoral structure of Victorian councils.
David Feeney (Member)
Mr Feeney is a former Member of the Commonwealth Parliament for the Australian Labor Party, serving as a Senator for Victoria from 2008 to 2013, and a Member of the House of Representatives from 2013 to 2018. Prior to entering Parliament, Mr Feeney was ALP Assistant National Secretary, ALP Campaign Director for South Australia, Director of Strategy for the former Premier of Victoria, the Hon. Steve Bracks and Victorian Labor State Secretary.
Mr Feeney currently holds positions as a Senior Fellow at the Australian Strategic Policy Institute, a member of the Defence Council Victoria, and a member of the board of NIOA.
Helen Kroger (Member)
Ms Kroger has practical experience of electoral funding as a former member of parliament and in political party roles. She is a former Member of the Commonwealth Parliament for the Liberal Party, serving as a Member of the Senate for Victoria from 2008 to 2014. Prior to entering Parliament, Ms Kroger held various positions in the Liberal Party including State President Victoria Division of the Liberal Party from 2003 to 2006 and Vice-President of the Federal Liberal Party from 2005 to 2008.
Ms Kroger currently holds positions as Chairperson of the Australian Fisheries Management Authority Commission, Director of Birches Early Learning Centre Pty Ltd and Deputy Chairwoman of the International Women’s Democrat Union.
Terms of reference - Independent review of Victoria’s electoral and political donations system
The terms of reference of the Panel require the Panel to produce a main report and a supplementary report.
Main report
The Victorian Parliament passed the Electoral Legislation Amendment Act 2018 (2018 Electoral Amendments) to:
- improve the operation of Victoria’s electoral processes; and
- enhance the integrity of the electoral system by prohibiting political donations from certain sources and to introduce a political donations disclosure and reporting regime.
Under section 222DB of the Electoral Act 2002 (Vic) (Electoral Act) a review must be undertaken of the operation of the 2018 Electoral Amendments. According to the Electoral Act, under this review:
- The Panel are required to examine and make recommendations in relation to:
- whether the Electoral Act should be further amended to provide for a cap on political expenditure and if so –
- whether the cap should apply generally or to specific persons or entities;
- the value of the cap; and
- the consequences of a failure to comply with the cap;
- the impact of the 2018 Electoral Amendments upon third party campaigners, small community groups and not-for-profit entities;
- the operation of the disclosure scheme given effect to by the 2018 Electoral Amendments including, but not limited to, the operation of disclosure returns; and
- the effectiveness of the 2018 Electoral Amendments so far as they relate to electronic assisted voting.
- whether the Electoral Act should be further amended to provide for a cap on political expenditure and if so –
- The Panel may examine and make recommendations in relation to contemporary trends and issues in respect of the electoral funding including, but not limited to, the funding of political parties or candidates (however described).
In addition to those matters that require consideration under the Electoral Act:
- The Panel are required to examine and make recommendations in relation to the legislative and operational implementation of recommendations 1 and 2 of the Independent Broad-based Anti-corruption Commission’s (IBAC) Special report on corruption risks associated with donations and lobbying (October 2022).
- The Panel may examine and make recommendations in relation to any other relevant matters.
The Panel must submit a copy of the review into these matters to the Minister by 24 November 2023.
Supplementary report
In addition to matters addressed in the Main Report, you are required to address the following matters in a Supplementary Report:
- The Panel must examine appropriate amendments to the Electoral Act to ensure that major political parties fulfil minimum requirements of party administration to qualify for public funding, which could include requiring:
- payment of party memberships is via traceable means
- mandatory photo ID checks to be undertaken for new members joining a party
- proof of eligibility is provided to hold a concessional membership
- measures that parties must comply with to ensure the appropriate use of the electoral roll and enrolment information.
- The Panel must advise on a minimum threshold in the Electoral Act to determine the major political parties to which the requirements would apply. The threshold could be based on:
- the number of Members of Parliament in a party
- the number of members in a party
- the number of votes that a party has received
- the amount of public funding that a party is otherwise entitled to under section 211 of the Electoral Act.
- The Panel may examine and make recommendations in relation to any other relevant matters.
The Panel must submit a copy of the review into these matters to the Minister by 24 February 2024.
Submissions received by the Electoral Review Expert Panel
Public submissions received by the Electoral Review Expert Panel on its main and supplementary reviews.
Submission from Professor Emerita Anne Twomey
Submission from Dr Yee-Fui Ng
Submission from the Victorian Electoral Commission
Submission from Moira Deeming MP
Submission from the Victorian Greens
Submission from the Health and Community Services Union
Submission from the Electoral Commission of South Australia
Submission from The Centre for Public Integrity
Submission from Climate 200
Submission from Victorian Labor
Submission from Victorian Trades Hall Council
Submission from Liberal Party of Australia Victorian Division
Submission from Nationals Party of Australia - Victoria
Submission from Melissa Lowe
Submission from Accountability Round Table
Submission from the Australia Institute
Submission from Professor Graeme Orr
Consultation - Independent review of Victoria’s electoral and political donations system
As part of the Review, the Panel issued a discussion paper (including key high-level questions) on their website inviting all interested parties to make a submission.
Overview
The Victorian Government established a Panel of three members to conduct an independent review (Review) of the operation of the 2018 amendments to the Electoral Act 2002 (the Act) which included political finance reforms for Victoria.
The Panel also considered donations and expenditure-related recommendations from the Independent Broad-based Anti-corruption Commission’s Special Report on corruption risks associated with donations and lobbying.
The Panel delivered its report on these matters to the Premier on 24 November 2023.
The Panel also considered minimum party administration requirements for registered political parties and delivered a supplementary report on 23 February 2024.
Public forums
The Panel held public forums with experts and stakeholders.
Recordings and transcripts of public forums are available below.
Transcripts have been prepared by individuals who were not present at the public forums and have not been verified by attendees.
Public forum 11 July 2023, 10 am to 12 pm
Speakers:
- Accountability Round Table, represented by the Hon Dr Ken Coghill
- Australia Institute, represented by Dr Richard Denniss.
Public forum 13 July 2023, 10 am to 12 pm
Speakers:
- Representatives of the Australian Labor Party, Victorian Division.
Public forum 13 July 2023, 2 pm to 3 pm
Speakers:
- Nick McGowan MP.
Public forum 14 July 2023, 10 am to 12 pm
Speakers:
- Representatives of the Liberal Party of Australia Victorian Division
- Representatives of the Nationals Party of Australia – Victoria.
Public forum 19 July 2023, 10 am to 12 pm
Speakers:
- Representatives of Climate 200.
Public forum 20 July 2023, 10 am to 12 pm
Speakers:
- Dr Yee-Fui Ng
- Professor Graeme Orr
- The Centre for Public Integrity, represented by Professor Joo-Cheong Tham and Catherine Williams.
Public forum 20 July 2023, 2 pm to 3 pm
Speakers:
- Professor Emerita Anne Twomey.
Public forum 21 July 2023, 10 am to 12 pm
Speakers:
- Melissa Lowe
- Hayden O'Connor
- Felicity Frederico.
Public forum 21 July 2023, 2 pm to 4 pm
Speakers:
- Representatives of the Victorian Electoral Commission.
Public forum 28 July 2023, 10 am to 11 am
Speakers:
- Representatives of the Victorian Socialists.
Public forum 31 July 2023, 11 am to 12 pm
Speakers:
- Dr Tim Read MP.
Public forum 4 August 2023, 10 am to 11 am
Speakers:
- Representatives of the Victorian Trades Hall Council.