Page 2369 - Week 07 - Thursday, 17 August 2006
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chairperson, appreciate their responsibility to the community by remaining apolitical so far as is possible.
While this might not be possible in practice, since I would argue that it is not possible in any organisation, from family to parliament, for an individual to be completely apolitical, it is important that the public perceives the electoral commission’s members and chairperson to be non-party political.
The Electoral Amendment Bill 2006 seeks to widen the eligibility criteria for the appointment of an electoral commission member and chairperson. While I agree with most of the proposed amendments, I fear the bill has gone too far in some aspects, as it allows a member of the electoral commission to be someone who has previously been a member of the ACT Legislative Assembly, commonwealth parliament or another state or territory legislature.
While they may not have held this role in the last five years, the fact that anyone who has been an elected political representative of this nature mocks the apolitical values required of the electoral commission and does not reflect the open and fair services the commission should provide to ensure democratic processes. The government’s amendment would allow, for example, anyone who was a member of this Legislative Assembly prior to 2001 to be a member of the electoral commission. I doubt whether over the last five years these people have necessarily cut all ties and devotions to their political allegiance.
It is possible that this may not be the public’s perception. I will therefore be moving an amendment to ensure that a member of the electoral commission cannot be someone who has ever been a member of the ACT Legislative Assembly, commonwealth parliament or another state or territory legislature.
The Electoral Amendment Bill 2006 maintains the previous Electoral Act requirement that, before a member is appointed, the minister must consult the leader of each political party represented in the legislative Assembly and each member who is not a member of a political party.
I appreciate this clause, for it provides some level of transparency in the appointment process. But a problem remains because there is no way the opposition and the crossbench can know if the government has found the best person for the job. Furthermore, an objection by the leader of another party can only be expressed as an opinion which the minister does not have to take account of.
My office asked the ACT government, regarding the recruitment process, what requirements there were for advertising the position to be filled, where it must be advertised, membership of the selection panel, the development of selection criteria, merit selection and appeals against employment decisions. These are all important processes that ensure the electoral commission chairperson is appointed in a transparent and accountable manner. The government responded, and I quote:
There are now no set requirements regarding the selection process to be adopted with these statutory offices. Appointments are made by the Executive and any selection process is a matter for the Executive to decide on a case by case basis.
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