Thursday, 30 July 2026

 The PRESIDENT (09:34): I have received a message from the Legislative Assembly:

The Legislative Assembly presents for the agreement of the Legislative Council ‘A Bill for an Act to amend the Electoral Act 2002 to remove group voting tickets from Legislative Council elections and to improve the operation of that Act and the electoral system of Victoria, to make consequential amendments and for other purposes.’

 Ingrid STITT (Western Metropolitan – Minister for Government Services, Special Minister of State, Minister for Ageing, Minister for Mental Health, Minister for Multicultural and Multifaith Victoria) (09:34): I move:

That the bill be now read a first time.

Motion agreed to.

Read first time.

Ingrid STITT: I move, by leave:

That the second reading be taken forthwith.

Motion agreed to.

 Ingrid STITT (Western Metropolitan – Minister for Government Services, Special Minister of State, Minister for Ageing, Minister for Mental Health, Minister for Multicultural and Multifaith Victoria) (09:34): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

Opening paragraphs

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (Charter), I make this Statement of Compatibility with respect to the Electoral Amendment (Miscellaneous Matters) Bill 2026 (Bill).

In my opinion, the Bill, as introduced to the Legislative Council, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The Electoral Act 2002 (Electoral Act) provides the overarching legal framework for the electoral system in Victoria. Notably, the Electoral Act establishes the Victorian Electoral Commission (VEC) and its responsibilities, functions, and powers; sets out election procedures and enrolment processes; regulates political financing and state funding; and prescribes relevant offences and compliance and investigatory measures.

Recent electoral reforms were introduced to the Electoral Act via the Electoral Amendment Act 2026 (Amendment Act) and the Electoral Further Amendment Act 2026 (Further Amendment Act) to support the integrity of Victoria’s democratic system by:

• implementing recommendations of various reports on Victoria’s electoral system released since the last significant reform of the Electoral Act in 2018;

• introducing a new political donations, reporting, and state funding regime following the High Court’s decision in Hopper & Anor v. State of Victoria [2026] HCA 11 (Hopper) which found the former Part 12 of the Electoral Act to be wholly invalid; and

• capitalising upon opportunities to improve and modernise the Electoral Act as identified by the Government and the VEC.

This Bill introduces further reforms to the Electoral Act to enhance transparency in Victoria’s electoral processes and strengthen public trust in the democratic system. Key amendments to the Electoral Act under the Bill include:

• removing group voting tickets from Legislative Council elections and prescribing a new method for voting above the line to ensure election results better reflect voter preferences;

• requiring certain electoral information to be disclosed and published, including the Register of New Entrants and details related to repayment of funds received from nominated entities between 25 November 2018 and 14 April 2026;

• prescribing new timeframes for certain state funding payments and lodgements which were due before current Part 12 of the Electoral Act was introduced via the Further Amendment Act;

• enabling the VEC to make determinations about claimable administrative expenditure and require an auditor to apply any relevant determination of the VEC;

• clarifying that the anti-circumvention offence under the Electoral Act is an indictable offence, so as to make it triable summarily pursuant to subsection 28(1)(b)(iii) of the Criminal Procedure Act 2009.

Human rights protected by the Charter that are relevant to the Bill

In my opinion, the human rights under the Charter engaged by the Bill are the:

• right to privacy (section 13(a) of the Charter);

• right to freedom of expression (section 15 of the Charter); and

• right to take part in public life (section 18 of the Charter).

Having considered all relevant factors, I am satisfied that the Bill is compatible with the Charter. To the extent that any rights are limited, the limitation is reasonable and able to be justified in a free and democratic society based on human dignity, equality and freedom in accordance with section 7(2) of the Charter.

Right to Privacy (section 13)

Section 13(1) of the Charter states that a person has the right not to have their privacy unlawfully or arbitrarily interfered with. An interference will be lawful if it is permitted by a law which is precise and appropriately circumscribed, and will be arbitrary only if it is capricious, unpredictable, unjust or unreasonable, in the sense of being disproportionate to the legitimate aim sought.

Requirement to publish the Register of New Entrants

Clause 20 of the Bill requires the VEC to publish on its Internet site the Register of New Entrants containing details of each registered political party or independent candidate registered as a new entrant under the Electoral Act. The information to be published include the name of the new entrant and the date and period the new entrant is registered as a new entrant.

Requirement to provide and publish details of certain repayments to nominated entities

Clause 24 of the Bill inserts new section 277(2A) into the Electoral Act to require registered political parties to provide the VEC with certain information when returning to their nominated entities any money equivalent to the amount received from their nominated entities between 25 November 2018 and 14 April 2026 pursuant to section 277 of the Electoral Act.

The information to be disclosed includes:

• the name of the registered political party

• the name of the nominated entity

• the date on which the money was returned to the nominated entity

• the date in respect of which the money had been received from the nominated entity

• the monetary value returned.

New section 277(2C) requires that that VEC publish the disclosed information on its website within 7 days of its receipt.

These amendments engage the right to privacy as identifiable information must be provided to the VEC and for those names to be then published on the VEC’s website.

While the requirement to provide and publish personal information engages the right to privacy, the interference is lawful as it is authorised under legislation. Further the interference is not arbitrary, as it is reasonable and proportionate to the legitimate objective of supporting transparency by enabling the VEC to conduct necessary investigations and encourage compliance with the scheme.

Freedom of expression and right to take part in public life (sections 15 & 18)

Section 15(1) of the Charter provides that every person has the right to hold an opinion without interference. Section 15(2) of the Charter provides that every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Victoria and includes information imparted orally or in writing.

Section 18(1) of the Charter provides that a person has the right, and is to have the opportunity, without discrimination, to participate in the conduct of public affairs, directly or through freely chosen representatives.

Further, section 18(2) of the Charter provides that every eligible person has the right, and is to have the opportunity, without discrimination to (a) vote and be elected at periodic State and municipal elections that guarantee the free expression of the will of the electors; and (b) have access, on general terms of equality, to the Victorian public service and public office.

Removing group voting tickets from Legislative Council elections

Clause 7 of the Bill repeals section 69B of the Electoral Act to remove group voting ticket provisions from the Electoral Act. Clause 15 of the Bill substitutes section 93A(1), (2) and (3) of the Electoral Act with new provisions that prescribe a new method for voting in Legislative Council elections requiring electors to number at least five parties or groups above the line, in order of preference.

These amendments promote freedom of expression and the right to take part in public life, as they reduce the risk and public perception of corruption and undue influence in the political process.

The new proposed method for voting also empowers electors to make informed and deliberate votes by ensuring that their vote is allocated in accordance with their listed preferences and is not subject to a preference deal between political parties. In this manner, the amendment promotes the right to freedom of expression by allowing for Victorian citizens to participate in the conduct of public affairs by freely expressing their political views with confidence that those views would be accurately reflected in electoral outcomes.

Conclusion

I consider that the Bill is compatible with the Charter because, to the extent that some of the provisions may limit human rights, those limitations are reasonable and demonstrably justified in a free and democratic society in accordance with section 7(2) of the Charter.

Ingrid Stitt MP

Special Minister of State

Minister for Government Services

Minister for Ageing

Minister for Mental Health

Minister for Multicultural and Multifaith Victoria

 Ingrid STITT (Western Metropolitan – Minister for Government Services, Special Minister of State, Minister for Ageing, Minister for Mental Health, Minister for Multicultural and Multifaith Victoria) (09:34): I lay on the table a statement of compatibility with the Statewide Treaty Act 2025:

In my opinion, the Bill is compatible with the matters set out in section 66(3)(d) of the Statewide Treaty Act 2025 (Treaty Act). I base my opinion on the reasons outlined in this statement.

Overview of the Bill

The Victorian Government recently introduced a range of electoral reforms via the Electoral Amendment Act 2026 (Amendment Act) and the Electoral Further Amendment Act 2026 (Further Amendment Act). The reforms introduced by the Amendment Act and the Further Amendment Act strengthen Victoria’s democratic system by ensuring integrity, transparency, accountability, and fairness in Victoria’s electoral processes.

In support of these underpinning principles, this Bill introduces further reforms to the Electoral Act 2002 (Electoral Act). Key amendments to the Electoral Act under the Bill include:

• removing group voting ticket provisions from the Electoral Act;

• prescribing a new method for voting in Legislative Council elections requiring electors to number at least five groups above the line, in order of preference;

• specifying new timeframes for certain annual returns, payments, and applications for state funding which were due after old Part 12 of the Electoral Act was invalidated but before current Part 12 of the Electoral Act was introduced via the Further Amendment Act;

• requiring the Victorian Electoral Commission (VEC) to publish the Register of New Entrants on their Internet site; and

• requiring registered political parties to provide the VEC with prescribed information when repaying historical amounts received from their nominated entities between 25 November 2018 and 14 April 2026, and for the VEC to publish that information on its Internet site.

Consultation with the First Peoples’ Assembly of Gellung Warl

The First Peoples’ Assembly was not given an opportunity to advise on and did not make representations on the Bill, based on my understanding that it is unlikely to have a significant impact on First Peoples or Statewide Treaty.

Compatibility of the Bill with each of the objects in section 66(3)(d) of the Statewide Treaty Act 2025

I have considered whether the Bill is compatible with the objects set out at section 66(3)(d) of the Treaty Act.

• advancing the inherent rights and self‑determination of First Peoples (section 66(3)(d)(i));

• addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation (section 66(3)(d)(ii)); and

• ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples (section 66(3)(d)(iii)).

Advancing the inherent rights and self‑determination of First Peoples

The inherent rights of First Peoples, including the right to self-determination, are recognised by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

The First Peoples’ Assembly, as it existed prior to the commencement of the Treaty Act, identified that the right to self-determination for First Peoples includes political self-determination, which provides First Peoples with the right to self-government and the power to organise and direct their lives according to their own values, institutions and mechanisms within the framework of the state of which they are a part.

The Bill may indirectly limit the achievement of political determination for First Peoples by imposing obligations and limitations on voting, including votes made by First Peoples, or to political parties or candidates who represent First Peoples’ interests. These limitations may arise from amendments under the Bill that will abolish group voting tickets and prescribe a new method of preferential voting in Victoria’s Legislative Council elections.

Despite the indirect limitation on the right to political self-determination, the Bill is compatible with the object of advancing the inherent rights and self-determination of First Peoples as any limitation on the right to political self-determination is reasonably justifiable for serving the overall legitimate purpose of increasing transparency and integrity within Victoria’s electoral system. The regulations on voting methods are also necessary measures to ensure electors can participate meaningfully and that their votes are represented fairly in election outcomes.

Addressing unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation

The Yoorrook Justice Commission’s ‘Truth be Told’ report describes the effects of colonisation on First Peoples. It describes how the gap between outcomes for First Peoples and other Victorians in areas including life expectancy, education, and health is caused by the impacts of colonisation in the past, which continue today.

The Bill may indirectly compound the unacceptable disadvantage inflicted on First Peoples by imposing restrictions on voting methods as outlined above.

The Bill remains compatible with the object of addressing unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation as the proposed reforms apply equally to all Victorians, including First Peoples and non–First Peoples, as such, any impact on specific disadvantage by First Peoples is likely to be minor. The Bill serves the overall purpose of improving Victoria’s electoral system, and the restrictions imposed are proportionate to this objective.

Ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples

A Bill may affect the equal enjoyment of rights and freedoms by First Peoples where, in its express terms or practical effect, it has a differential effect on First Peoples as compared to non–First Peoples.

As the Bill does not in its terms deal with First Peoples and does not directly or indirectly in its practical effect engage the human rights or fundamental freedoms of First Peoples, the Bill is compatible with this object.

Ingrid Stitt MP

Special Minister of State

Minister for Government Services

Minister for Ageing

Minister for Mental Health

Minister for Multicultural and Multifaith Victoria

 Ingrid STITT (Western Metropolitan – Minister for Government Services, Special Minister of State, Minister for Ageing, Minister for Mental Health, Minister for Multicultural and Multifaith Victoria) (09:35): I move:

That the bill be now read a second time.

Ordered that second-reading speech be incorporated into Hansard:

The Electoral Act 2002 (the Electoral Act) is a fundamental piece of legislation supporting our democracy by legislating for transparent and efficient elections in Victoria.

The Victorian Government recently introduced a range of electoral reforms via the Electoral Amendment Act 2026 and the Electoral Further Amendment Act 2026. These reforms strengthened Victoria’s democratic system by ensuring integrity, accountability, and fairness in Victoria’s electoral processes.

In support of these underpinning principles, this Bill introduces further reforms to the Electoral Act. Notably, the Bill includes amendments to remove group voting tickets provisions from the Electoral Act for Legislative Council elections and makes other miscellaneous amendments to provide clarity in the law. These measures will be in place ahead of the upcoming 2026 State election to ensure Victorian electors can trust in the fairness and integrity of this State’s electoral system and law.

I will now turn to the details contained in the Bill.

Removing group voting tickets from Legislative Council elections

Group voting tickets (GVTs) first emerged in Australia in the 1983 with the Australian Senate under the Commonwealth Electoral Legislation Amendment Act 1983 (Cth), for the purpose of simplifying the voting process and reducing previously high levels of informal voting. Initially, this produced positive outcomes as informal voting in the Senate declined.

In Victoria, GVTs were introduced as part of major reforms to the Victorian Legislative Council under the Constitution (Parliamentary Reform) Act 2003. Currently, section 69A of the Electoral Act allows Council candidates to be grouped on the ballot papers for Legislative Council elections by submitting a GVT to the Victorian Electoral Commission (VEC), setting out an order of preferences for all Council candidates on the ballot paper. Any above the line vote for a group on the Council ballot paper is interpreted into a below the line vote for all candidates in the order of preference submitted on the GVT.

GVTs have become controversial due to the election of candidates with very low primary votes and the involvement of the practice of ‘preference whispering’, whereby parties engage in preference deals to influence voting outcomes, often coordinated by a third party referred to as a ‘preference whisperer’. This practice is widely perceived as unethical, is not transparent and leads to distrust in the electoral system.

In 2016, the Federal Government abolished GVTs and allowed voters to allocate a minimum of six preferences above the line or 12 or more below the line. All other jurisdictions, besides Victoria, have now legislated to abolish GVTs.

The Bill proposes amendments to the Electoral Act to eliminate GVTs from Legislative Council elections and introduce a new method of voting allowing electors to indicate multiple preferences above the line. These proposed amendments acquit recommendations arising from the Victorian Parliament’s Electoral Matters Committee’s (EMC) inquiry into the conduct of the 2022 Victorian State election (2022 State election inquiry) and inquiry into Victoria’s Upper House electoral system (Upper House electoral inquiry).

Notably, the 2022 State election inquiry raised two major concerns related to GVT which were that voters do not understand how their votes will be distributed when they vote above the line, and the results do not reflect voters’ preferences. For example, in 2018, two candidates were elected to the Legislative Council with less than 1% of the first-preference votes. GVTs give parties and candidate groups significant control over the distribution of voting preferences, producing results where candidates with very low numbers of primary votes win seats in the Council due to the distribution of preferences.

The Bill proposes to acquit the EMC’s recommendations and bring Victoria’s electoral system in line with other Australian jurisdictions by eliminating GVTs from the process of voting in Legislative Council elections and introducing a new method for voting above the line for Legislative Council elections. Under the Bill, voters will be required to number at least five groups in order of preference, which will be interpreted as a preference for all the candidates of that party or group in the order listed below the line.

The Bill will also include a savings provision to the effect that a Legislative Council ballot paper will not be treated as an informal vote if there are fewer than five boxes numbered or if there is non-consecutive numbering above the line.

These proposed amendments will ensure that the electoral processes and outcomes are not influenced by persons who can afford to pay for “preference whispering” services, and the parties and candidates that cannot afford to participate in preference whispering deals will no longer be unfairly disadvantaged.

The Bill will also safeguard election outcomes by enabling voters to make informed choices, resulting in outcomes which will no longer be determined by behind-the-scenes negotiations that are not transparent and ultimately do not reflect voters’ preferences. Furthermore, candidates and parties winning seats in the Legislative Council that have secured numbers of primary votes that properly represent the electorate will justify their presence in the parliamentary chamber.

To make it clear, the Bill will not alter any provisions in the Electoral Act regulating the way votes are currently made below the line for Legislative Council elections, nor alter any provisions in the Local Government Act 2020 in relation to voting in local government elections. Removing GVT from the voting process will also not make it impossible for smaller parties to be elected to the Legislative Council. It will however require candidates to convince electors to give their party voting preference rather than relying on the GVT practice. These are important measures, particularly in light of the upcoming State election, to ensure our democratic system is fair, transparent, and inclusive.

Supporting greater transparency and accountability in Victoria’s political finance regime

To further enhance transparency and accountability in Victoria’s political finance regulatory framework, the Bill requires certain information to be disclosed and published.

Specifically, the Bill includes amendments requiring the VEC to publish some information relating to new entrants from the Register of New Entrants on its Internet site.

The Bill will also require registered political parties to provide the VEC with prescribed information when repaying historical funds received from their nominated entities between 25 November 2018 and 14 April 2026, and for the VEC to publish that information on its Internet site. These proposed reforms promote greater transparency and strengthen oversight within Victoria’s political finance system by requiring parties to not only return these funds, as currently mandated by the Electoral Act, but to also disclose relevant details as public information.

Further, the Bill includes minor, but necessary, amendments to the Electoral Act to clarify operational requirements. These include amendments:

• enabling the VEC to make determinations about claimable administrative expenditure and requiring an auditor to apply any relevant determination of the VEC;

• providing alternative timeframes for certain state funding payments and lodgements which were due before the current Part 12 of the Electoral Act was introduced;

• extending the requirement for registered political parties to return political donations accepted in excess of the general cap during the applicable period to apply to the aggregate of individual donations received;

• clarifying that the reduction of public funding payable in respect of any political donation received in contravention of the Electoral Act applies from 10 June 2026 (the day after the Further Amendment Act received the Royal Assent), in line with the commencement of the offence at section 275 of the Act for unknowingly making or accepting an unlawful political donation;

• repealing definitions that have been made redundant following reforms introduced by the Further Amendment Act, such as definitions of ‘nominated entity’, ‘associated entity’, ‘disclosure return’, ‘donor’, ‘group’, and ‘third party campaigner’ in section 83 of the Electoral Act.

These amendments will improve the operation of the Electoral Act and ensure that elections continue to be conducted with the greatest regard to transparency, accessibility, and efficiency.

Commencement

The amendments in the Bill will commence on the day after the Bill receives the Royal Assent.

Conclusion

Together, the proposed amendments to the Act under this Bill will complement recent electoral reforms to further strengthen public confidence in the integrity, transparency, and accountability of Victoria’s democratic system and electoral processes.

I commend the Bill to the House.

 Evan MULHOLLAND (Northern Metropolitan) (09:35): I move:

That debate on this bill be adjourned for one week.

Motion agreed to and debate adjourned.