Overview
1.1
A federal election is the biggest peacetime logistical event in Australia. It involves all Australians, from those who vote, to the schools who host polling booths and run the ubiquitous sausage sizzle. In each electorate, hundreds of individuals – from candidates to party volunteers, to poll workers, are required to ensure that elections proceed in a free, fair and democratic manner.
1.2
It is essential that elections are conducted in a manner which assures public trust in the electoral and democratic process. Trust in our democracy and in governments at all levels can only be assured if there is trust in elections. States of disaster have the potential to significantly disrupt the conduct of elections and damage confidence in our democracy.
1.3
The bushfires of the 2019-20 summer followed by the COVID-19 pandemic disrupting the daily life of all Australians have focussed attention on the need for a strategy to deal with the conduct of elections during times of emergency which now must consider communicable disease outbreaks, natural disasters, and restrictions on movement and assembly.
1.4
This inquiry provided the Committee with an opportunity to examine Australia’s electoral preparedness during challenging circumstances and whether there is flexibility within the Commonwealth Electoral Act 1918 (Electoral Act) to adapt to these challenges.
About the inquiry
Objectives and Scope
1.5
On 22 September 2020 the then Minister for Finance, Senator the Hon Mathias Cormann, asked the Joint Standing Committee on Electoral Matters (JSCEM) to inquire into and report on the future conduct of elections operating during times of emergency situations.
Emergency situations
1.6
States of emergency are generally declared and managed by state and territory governments in response to states of emergency, most commonly natural disasters. Prior to 2020, the Commonwealth had a wide range of powers set out in various pieces of commonwealth legislation and the Australian Government Crisis Management Framework to respond to states of emergencies. These powers have now been consolidated and clarified by the National Emergency Declaration Act 2020, under which certain circumstances, the Governor-General (on advice from the Prime Minister) may declare a state of national emergency.
1.7
A state of national emergency may be declared where an event is causing, or likely to cause nationally significant harm defined as:
harm to the health, including mental health, of an individual or group of individuals;
harm to the health of animals or plants;
damage to property, including infrastructure;
harm to the environment; and
disruption to an essential service.
1.8
Examples of nationally significant harm are:
major natural disasters – such as, bushfires that spread across multiple jurisdictions and threated significant danger to life and property, or a geomagnetic storm that causes, or threatens to cause, extensive disruption or damage to electricity, satellite and communications networks;
communicable disease outbreaks that pose a major threat to the health and life of Australians, including outbreaks that are spreading out of control overseas and are likely to reach Australia;
large-scale cyber incidents or terrorist attacks – such as malicious cyber-attack that causes a prolonged and widespread failure in the energy sector, resulting in shortages of essential medical supplies, impact on water supply and sanitation disruption to the supply of food;
major chemical, biological or radiological incidents, whether accidental or deliberate;
emergencies occurring overseas, to the extent that such emergencies cause, or are likely to cause, nationally significant harm within Australia – such as a natural disaster that causes extensive damage to major international maritime ports or disruption to critical shipping channels and disrupts the availability of essential services in Australia; and
a combination of the above emergencies occurring concurrently or consecutively, that together has caused, or is causing, or is likely to cause nationally significant harm – such as multiple natural disasters occurring concurrently in different parts of the country, during a pandemic that complicated response and recovery efforts, and that collectively cause, or are likely to cause, nationally significant harm.
1.9
Any of the above would cause significant harm to the electoral process. The capacity for the Governor-General to declare a national emergency provides clarity to national agencies, such as the Australian Electoral Commission (AEC), about when to trigger disaster response plans.
1.10
In the terms of reference for the inquiry, the then Special Minister of State asked the Committee to consider potential drivers of social restrictions, such as future civil unrest, or international conflict. Since that request, the National Emergency Declaration Act 2020 was passed and the Committee considers that it adequately defines the circumstances of events that would harm the electoral process.
Inquiry conduct
1.11
A media release announcing the inquiry was issued on 9 October 2020 calling for submissions to be received by 13 November 2020.
1.12
The Committee also invited submissions from a large number of organisations and individuals, including registered political parties, constitutional experts, State and Territory governments and electoral management bodies, and academics.
1.13
The inquiry received 22 submissions and 13 exhibits, which are listed at Appendix A and B respectively.
1.14
The Committee held a public hearing on 18 November 2020. A list of witnesses is at Appendix C.
Report Structure
1.15
A number of elections were held over the course of 2020, at the local, State/Territory and Federal (by-election) level during the course of various emergency declarations. These elections have provided electoral management bodies nation-wide the opportunity to assess the legislative and logistical challenges to conducting elections in a state of emergency. Chapter Two discusses these challenges in detail.
1.16
Chapter Three examines what measures need to be put in place to manage elections in the event of future emergency situations.
1.17
The Chapter concludes by looking at specific reform proposals put to the inquiry and makes recommendations for legislative change that supports the AEC to continue to conduct safe, secure and trustworthy Australian elections.