Hansard debates

Anthony CARBINES (Ivanhoe – Leader of the House, Minister for Police, Minister for Community Safety, Minister for Victims, Minister for Racing) (11:27): Under the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility:

Opening paragraphs

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (Charter), I make this Statement of Compatibility with respect to the Electoral Amendment (Miscellaneous Matters) Bill ‍2026 (Bill).

In my opinion, the Bill, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The Electoral Act 2002 (Electoral Act) provides the overarching legal framework for the electoral system in Victoria. Notably, the Electoral Act establishes the Victorian Electoral Commission (VEC) and its responsibilities, functions, and powers; sets out election procedures and enrolment processes; regulates political financing and state funding; and prescribes relevant offences and compliance and investigatory measures.

Recent electoral reforms were introduced to the Electoral Act via the Electoral Amendment Act 2026 (Amendment Act) and the Electoral Further Amendment Act 2026 (Further Amendment Act) to support the integrity of Victoria’s democratic system by:

• implementing recommendations of various reports on Victoria’s electoral system released since the last significant reform of the Electoral Act in 2018;

• introducing a new political donations, reporting, and state funding regime following the High Court’s decision in Hopper & Anor v. State of Victoria [2026] HCA 11 (Hopper) which found the former Part 12 of the Electoral Act to be wholly invalid; and

• capitalising upon opportunities to improve and modernise the Electoral Act as identified by the Government and the VEC.

This Bill introduces further reforms to the Electoral Act to enhance transparency in Victoria’s electoral processes and strengthen public trust in the democratic system. Key amendments to the Electoral Act under the Bill include:

• removing group voting tickets from Legislative Council elections and prescribing a new method for voting above the line to ensure election results better reflect voter preferences;

• requiring certain electoral information to be disclosed and published, including the Register of New Entrants and details related to repayment of funds received from nominated entities between 25 ‍November 2018 and 14 April 2026;

• prescribing new timeframes for certain state funding payments and lodgements which were due before current Part 12 of the Electoral Act was introduced via the Further Amendment Act;

• enabling the VEC to make determinations about claimable administrative expenditure and require an auditor to apply any relevant determination of the VEC;

• clarifying that the anti-circumvention offence under the Electoral Act is an indictable offence, so as to make it triable summarily pursuant to subsection 28(1)(b)(iii) of the Criminal Procedure Act ‍2009.

Human rights protected by the Charter that are relevant to the Bill

In my opinion, the human rights under the Charter engaged by the Bill are the:

• right to privacy (section 13(a) of the Charter);

• right to freedom of expression (section 15 of the Charter); and

• right to take part in public life (section 18 of the Charter).

Having considered all relevant factors, I am satisfied that the Bill is compatible with the Charter. To the extent that any rights are limited, the limitation is reasonable and able to be justified in a free and democratic society based on human dignity, equality and freedom in accordance with section 7(2) of the Charter.

Right to Privacy (section 13)

Section 13(1) of the Charter states that a person has the right not to have their privacy unlawfully or arbitrarily interfered with. An interference will be lawful if it is permitted by a law which is precise and appropriately circumscribed, and will be arbitrary only if it is capricious, unpredictable, unjust or unreasonable, in the sense of being disproportionate to the legitimate aim sought.

Requirement to publish the Register of New Entrants

Clause 20 of the Bill requires the VEC to publish on its Internet site the Register of New Entrants containing details of each registered political party or independent candidate registered as a new entrant under the Electoral Act. The information to be published include the name of the new entrant and the date and period the new entrant is registered as a new entrant.

Requirement to provide and publish details of certain repayments to nominated entities

Clause 24 of the Bill inserts new section 277(2A) into the Electoral Act to require registered political parties to provide the VEC with certain information when returning to their nominated entities any money equivalent to the amount received from their nominated entities between 25 November 2018 and 14 April 2026 pursuant to section 277 of the Electoral Act.

The information to be disclosed includes:

• the name of the registered political party

• the name of the nominated entity

• the date on which the money was returned to the nominated entity

• the date in respect of which the money had been received from the nominated entity

• the monetary value returned.

New section 277(2C) requires that that VEC publish the disclosed information on its website within 7 days of its receipt.

These amendments engage the right to privacy as identifiable information must be provided to the VEC and for those names to be then published on the VEC’s website.

While the requirement to provide and publish personal information engages the right to privacy, the interference is lawful as it is authorised under legislation. Further the interference is not arbitrary, as it is reasonable and proportionate to the legitimate objective of supporting transparency by enabling the VEC to conduct necessary investigations and encourage compliance with the scheme.

Freedom of expression and right to take part in public life (sections 15 & 18)

Section 15(1) of the Charter provides that every person has the right to hold an opinion without interference. Section 15(2) of the Charter provides that every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Victoria and includes information imparted orally or in writing.

Section 18(1) of the Charter provides that a person has the right, and is to have the opportunity, without discrimination, to participate in the conduct of public affairs, directly or through freely chosen representatives.

Further, section 18(2) of the Charter provides that every eligible person has the right, and is to have the opportunity, without discrimination to (a) vote and be elected at periodic State and municipal elections that guarantee the free expression of the will of the electors; and (b) have access, on general terms of equality, to the Victorian public service and public office.

Removing group voting tickets from Legislative Council elections

Clause 7 of the Bill repeals section 69B of the Electoral Act to remove group voting ticket provisions from the Electoral Act. Clause 15 of the Bill substitutes section 93A(1), (2) and (3) of the Electoral Act with new provisions that prescribe a new method for voting in Legislative Council elections requiring electors to number at least five parties or groups above the line, in order of preference.

These amendments promote freedom of expression and the right to take part in public life, as they reduce the risk and public perception of corruption and undue influence in the political process.

The new proposed method for voting also empowers electors to make informed and deliberate votes by ensuring that their vote is allocated in accordance with their listed preferences and is not subject to a preference deal between political parties. In this manner, the amendment promotes the right to freedom of expression by allowing for Victorian citizens to participate in the conduct of public affairs by freely expressing their political views with confidence that those views would be accurately reflected in electoral outcomes.

Conclusion

I consider that the Bill is compatible with the Charter because, to the extent that some of the provisions may limit human rights, those limitations are reasonable and demonstrably justified in a free and democratic society in accordance with section 7(2) of the Charter.

The Hon Ben Carroll MP

Premier