Page 1235 - Week 04 - Thursday, 21 April 1994
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
MR HUMPHRIES (6.02): Madam Speaker, I move amendment zw. circulated in my name. It reads:
zw. Page 131, line 33, before proposed new section 318 insert the following section in proposed new Division 2:
Investigation of complaints
"317A. The Commissioner shall -
(a) investigate; or
(b) refer to the appropriate authority for investigation;
any complaint alleging a contravention of this Act, unless the Commissioner believes on reasonable grounds that the complaint is frivolous or vexatious.".
Madam Speaker, this amendment simply inserts a level of requirement on the commissioner to investigate complaints about contraventions of the Act. The present procedure is that the commissioner, when complaints are made, can treat them, I think, in one of three ways. He or she can investigate them himself or herself; they can be investigated by some other body, such as the Director of Public Prosecutions; or they can be basically overlooked or ignored on the basis that they do not seem to reveal any serious breach or that they are frivolous or of no consequence.
Madam Speaker, this amendment makes it clear that this is not just a matter for discretion on the part of the commissioner but is an obligation on him or her to properly consider and deal with any complaints that are made. I have heard, in the context of the Australian Electoral Commission, about some complaints not being properly examined or looked at. I am sure that the amendment I put forward here will not change the substance of the work that the commissioner does, but it will make it clear that any complaint made about the operation of an election in respect of a contravention of the Act should be taken seriously, at least on face value, and that it is important, in those circumstances, to consider the complaint and decide in which of those three ways it should be dealt with. I believe, Madam Speaker, that this makes the position clear and puts an obligation on the commissioner to consider those matters. As I say, it will not change the practice, but it will provide for some certainty that the people who make complaints under this system will have those complaints treated seriously.
Amendment agreed to.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .