Electoral (Administration) Amendment Bill (No 2)

I will take a very brief call in order to get on the record of the Committee the understanding that we on this side of the Chamber have in respect of Supplementary Order Paper 262, which will be moved by the Minister in the chair, the Minister of Justice. It inserts new clause 5A, amending, as it does, section 22 of the Electoral Act. I put on record our thanks to the Minister for having a very open and consultative approach on this legislation. It is important, when it comes to electoral administration, to get these technical matters correct, just as it is for the more substantive issues in relation to electoral law reform.

But when I looked at the departmental report about the provisions on the Supplementary Order Paper, which are to change the definition of an “adjoining district” for the purposes of the appointment of registrars of electors, I saw that the departmental report states “We note that the EEC has already carried out a restructuring exercise aimed at moving to a regionalised structure. This has seen the effective disestablishment of a number Registrar of Electors positions. The restructuring has been challenged by the Engineering, Printing and Manufacturing Union in an application for judicial review. We understand that the application, which is currently before the courts, alleges that the restructuring contravenes the existing requirements of section 22 of the Act. … Amending the Act before the court case is concluded has a number of implications that require careful consideration. One possible effect would be to limit the remedies the court could offer if the application for review is successful. The existence of the ‘live’ legal proceedings supports our earlier conclusion that consideration of the structural change proposed by the EEC should be deferred until a more appropriate time.” Then there is further discussion about the various approaches that the Electoral Commission has adopted on that.

I would like the Minister to take the opportunity that this debate allows to confirm on the record of the House that this technical amendment is supported by the Engineering, Printing and Manufacturing Union and will not prejudice its case.

In respect of this particular bill, the Electoral (Administration) Amendment Bill (No 2), Supplementary Order Paper 262, as the member suggests, was introduced to respond to an issue about the physical location of registrars of electors. The Act does not, on its face, seem to support the flexibility needed in the delivery of those services, and, quite frankly, had they been located in other places this issue of having them adjoining the right electorates would have been fine. We have introduced the Supplementary Order Paper to address this matter. It amends section 22 of the Electoral Act to define “adjoining” in relation to electorates. It essentially reflects the status quo, and it has the support of all affected parties.

I will not give a legal opinion about the case itself, but I know that the advice I have is that the Engineering, Printing and Manufacturing Union supports the amendment before the Committee. How that will affect other matters I will not be drawn on, but that is certainly the advice I have received.

The question was put that the amendments set out on Supplementary Order Paper 262 in the name of the Hon Simon Power be agreed to.

Amendments agreed to.

Part 1 as amended agreed to.

Part 2 agreed to.

Schedule agreed to.

Clause 1 agreed to.

Clause 2 agreed to.

Clause 3 agreed to.

Bill to be reported with amendment presently.

House resumed.

The Chairperson reported the Appropriation (2011/12 Estimates) Bill without amendment and the Electoral (Administration) Amendment Bill (No 2) with amendment.

Report adopted.