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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:
    1. 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;
    2. the impact of the 2018 Electoral Amendments upon third party campaigners, small community groups and not-for-profit entities;
    3. 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
    4. the effectiveness of the 2018 Electoral Amendments so far as they relate to electronic assisted voting.
  • 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.

Updated

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