Politics cannot work for the people without listening to their voices. Yet there is a strong sense in the community that diverse voices are not heard in the political process. For many Australians, when they see parliament on television they do not see people from their communities, people like them.
We need to work to ensure parliament better reflects the people it represents, and the diversity of the Australian community. That starts with removing barriers for people putting their hand up for election. Updating the Candidate Qualification checklist does not achieve that.
Instead, the proposed checklist requires candidates to provide detailed information about a range of matters, including about current and former spouses, regardless of whether that information has any potential impact on their citizenship status or eligibility. The requirement to disclose irrelevant historical personal details may deter people from seeking candidacy.
Currently, section 44 of the Constitution disqualifies people who hold any office of profit under the Crown or those who hold dual citizenship from being eligible to run for election to the Federal parliament.
This provision compels public servants to resign their employment for the duration of the election campaign, which can have significant professional consequences. This is discriminatory and impedes the democratic right of many Australian citizens to participate in the election process.
The exclusion of dual citizens is equally discriminatory and perpetuates the lack of diversity in our parliament. Half of Australia’s population were born overseas or their parents were, meaning a significant proportion of Australian citizens are eligible to hold dual citizenship. Our parliament would be greatly enriched by their experience. Instead, we deal another blow to multiculturalism by locking out these valued Australians from seeking election.
The complexity and variety of international rules regarding the granting and surrendering of citizenship can make it extremely difficult for people to confirm their eligibility. This difficulty alone presents a barrier to entry that will deter people from getting involved. The revised candidate Qualification Checklist does not remove that barrier.
The Australian Human Rights Commission’s Set the Standard report records the experience of parliamentarians having their cultural background politicised and being subjected to discrimination and abuse. The Commission recommended increasing diversity to neutralise these impacts and ensure safe workplaces for all, through targets and action to increase representation of First Nations people, people from CALD backgrounds, people with disability, and LGBTIQ+ people.
Amending s.44 to ensure people from diverse cultural backgrounds, with diverse professional and personal histories are not prevented or discouraged from nominating as candidates will help achieve a more representative parliament that can better serve the community.
Recommendations
1.
That the government initiate a referendum to amend section 44 of the Constitution to allow public servants and dual citizens to stand for election to Federal parliament.
2.
In the interim, the government introduce legislation to guarantee public servants who stand down from their role to run for election a right to return to work if they are not elected.
3.
That the government implement recommendations of the Australian Human Rights Commission’s Set the Standard review to ensure a more diverse and representative parliament.
Senator Larissa Waters
Member