Thursday, 7 April 2022

Political donations

Dr RATNAM (Northern Metropolitan) (12:17): My question is for the Minister for Local Government. Minister, the Local Government Act 2020 requires all local government candidates to submit an election return no later than 40 days after election day. This donation disclosure is a key part of our electoral laws and provides important, albeit inadequate, transparency and accountability for political donations to candidates. However, there are still 109 candidates who have not submitted their returns for the 2020 election. While this is an offence under the act and carries a penalty of just over $10 000, the Local Government Inspectorate has not taken any action against the non-compliant candidates. Minister, what action will you take and what consequences will these candidates face for what is clearly a flagrant breach of the law?

Mr LEANE (Eastern Metropolitan—Minister for Local Government, Minister for Suburban Development, Minister for Veterans) (12:18): I thank Dr Ratnam for her question. My expectation, Dr Ratnam, is for all councils and all councillors to adhere to the 2020 act. I actually was very, very disappointed to be alerted to the situation that you just outlined. I am not sure if there is an update as to whether there has been an increase or a decrease in the number of people that have not complied, and I am happy to get a real-time update and I am happy to supply it to you, Dr Ratnam, if there has been any alteration to that particular number.

The situation is that the inspectorate actually comes under the governance of the Attorney-General, and I am happy to, via the Attorney-General, see if we can get an update from the inspectorate about the actions around this particular concern and where the inspectorate is at with it. I and the Attorney-General did have a conversation with the inspectorate a number of months ago, and we made it clear that we will give all power to his arm when it comes to these sorts of situations. So we will get that update as well for you.

Dr RATNAM (Northern Metropolitan) (12:20): Thank you, Minister, for that follow-up. I really appreciate it and would like to see some further action regarding the situation. Minister, furthermore, the failure of the Local Government Inspectorate to prosecute these 109 candidates is undermining the compulsory returns system and is setting a dangerous precedent that local government candidates are free to disregard donations rules and avoid scrutiny. This means, for example, that developers could be influencing council decisions, with the public left in the dark. The government has had the opportunity to fix the donations system for local council but has repeatedly failed to do so, using ongoing IBAC investigations and the impending report as an excuse. Minister, will the government introduce long-awaited donations reforms for local government in this term of government?

Mr LEANE (Eastern Metropolitan—Minister for Local Government, Minister for Suburban Development, Minister for Veterans) (12:20): Thanks, Dr Ratnam, for your supplementary question. I think the point on the failure of the inspectorate to act in this situation may not be correct. There may be ongoing actions. But, as I said, I will follow that up through the correct channels of governance to see where the inspectorate may be with that. There is consideration around local government legislation—and I am happy to bring some here soon—around a number of issues. On donation law reform, we are still hopeful that maybe the IBAC report will come out with its recommendations so we do not have to revisit an act in the future. I am monitoring that and will hopefully see where that may be at soon.