The Australian Collaboration is a collaboration of peak national community
organisations representing social, cultural and environmental constituencies
and interests.
Please Note: You are viewing the non-styled version of The Australian Collaboration website. Either your browser does not support Cascading Style Sheets (CSS) or it is disabled.
Through the agency of Democracy Watch, the Australian Collaboration seeks to stimulate debate about democracy and to make a constructive contribution to the enhancement of democratic life in Australia. To further these objectives, the site comments on:
An essay Democracy under Siege, examining these issues and initiatives that have been taken in other countries to deal with similar problems has also been published by the Collaboration. Click on the link for further information and downloading or for purchase of a hard copy.
The choice of issues and the commentaries on them on this site do not necessarily reflect the choices and views of the Collaboration’ s individual member organisations. Democracy Watch last reviewed August 2008.
An open, democratic society offers many benefits to its citizens. It gives them freedom to make choices about their lives, to develop their potential as human beings and to live free from fear, harassment and discrimination. It gives them protection under the law and the right to elect legislators of their choice and to remove them if they do not perform to their satisfaction. It guarantees freedom of speech, religion and assembly. It ensures an independent judiciary. Through the principle of the rule of law it guarantees universality of the scope of the law and equality before the law for all citizens.
Freedom of the press makes possible the exposure of corruption, malpractice and incompetence; diversity of media opinion offers alternative interpretations of news and events. Parliamentary committees and inquiries oversee the accountability of executive decisions. Public officers such as Auditors General and Ombudsmen, answerable to the parliament not the executive, have statutory powers to review large and small decisions of the government.
A strong democracy encourages an active and outspoken civil society and robust public debate including dissent and disagreement with government. Such a democracy gives its members many opportunities to participate in public life. A properly functioning democracy also has moral responsibilities to non-citizens, refugees, visitors and other nations. Many of these responsibilities are enshrined in international covenants and agreements.
These are the benchmarks against which the practice of democracy in Australia must constantly be measured.
Described below. are a number of reforms needed to strengthen public accountability and democratic practices in Australia. They are applicable to all political parties, governments and parliamentarians.
Accountability and democratic reforms are needed for the following reasons:AUSTRALIAN COLLABORATION AND ACCOUNTABILITY ROUNDTABLE RECOMMENDED DEMOCRATIC AND ACCOUNTABILITY REFORMS (Click here to download the table)
| CONSOLIDATED AUST COLLABORATION & ACCOUNTABILITY ROUNDTABLE RECOMMENDATIONS | 2020 SUMMIT FUTURE GOVERNANCE “TOP IDEAS” | RUDD GOVERNMENT PRE-ELECTION PROMISES | RUDD GOVERNMENT POST ELECTION ACTIONS |
| Electoral reform | |||
| Four year terms with fixed election dates. | – | Promised. | No action likely this electoral term. |
| Repeal of recent amendment to Electoral Act related to enrolments and electoral donations. | – | Promised. | New legislation prepared:
|
| Caps on donations to political parties. | Adoption of the Canadian model to restrict corporate and private campaign finances. | – | Canvassed by the PM. To be discussed in forthcoming green paper. |
| Automatic enrolment at the age of 18 and automatic correction of enrolment information by the Australian Electoral Commission. | Automatic enrolment at the age of 18 and automatic re-enrolment for eligible voters. | – | – |
| The redesign of Senate ballot papers to ensure transparency of preferences. | – | – | – |
| Independent system for managing leaders pre-election debates. | – | Promised. | Not yet arranged. |
| Overall review of electoral reform needed. | Supported. | – | Two green papers are being prepared. The first, to be released in July 2008, will look at disclosure, funding and expenditure issues; the second, to be released in October, will examine a broader range of options aimed at strengthening a range of other elements of electoral law. |
| A wholesale review of the federation to enhance Australian democracy. | A major review including an expert commission, a convention of the people and a referendum. | – | – |
| Government spending in marginal seats (pork barreling). | – | – | – |
| Strengthening of the Parliament | |||
| Restoration of Senate as house of review with full Senate committee scrutiny of Executive. | Electoral and constitutional reform to renew the role and composition of the Senate as a house of review. | Promised. | Some initiatives taken. |
| Strengthen government accountability to parliament. | Independent arbitration of ministerial public interest immunity claims. Appropriation bills to specify individual projects and programs. | – | – |
| Improve legislative processes. | Minimum time and other standards for the passage of legislation. Improved community engagement in scrutiny of bills and policies. | – | – |
| Parliamentary inquiries with scope to include outside experts. | Supported. | – | – |
| A Parliamentary Standards or Ethics Commissioner reporting to the Parliament to give advice and investigate and report alleged breaches. | Establishment of an Ethics Commissioner. | – | – |
| Parliamentary code of ethics. | Development of a parliamentary code of ethics. | – | – |
| Independent parliamentary presiding officers for House of Representatives and Senate. | – | Raised as a possible action without commitment. | – |
| Reform of question time. | Supported. | Raised as a possible action without commitment. | – |
| Accountability of the Executive | |||
| Legislation to codify ministerial responsibility. | – | – | – |
| Guide for Ministerial Behaviour. | – | Promised. | New Standards of Ministerial Ethics (replacing Chapter 5 of previous guide) introduced:
|
| Private ministerial staff obliged to provide information to parliamentary inquiries. | Ministerial advisers required to appear before parliamentary committees when taking executive decisions. | Promised if they have exercised executive power. | – |
| Restoration of Westminster system of public service. | Public Service to be instructed that it must co-operate with parliament. | Promised. | Partially set in motion. Departmental heads from previous govt retained. 5 year contracts for senior public servants and previous Govrnment’s performance review modified. Strengthened transparency and merit based selection when appointing senior public servants. |
| Restrictions on government advertising. | – | Promised. | New rules requiring Auditor General approval for advertising campaigns above $250,000. |
| Transparency, freedom of information and freedom of speech | |||
| Media concentration & media laws. | Improved media diversity and accountability. | – | – |
| Reform of federal FOI including formal role for Ombudsman. | Reform of current FOI system including: abolition of conclusive certificates, Commissioner for Freedom of Information, an exemption-test based on matters of essential public interest & a full merits review. | Implementation of Australian Law Reform Commission Open Government report promised. | Australian Law Reform Commission carrying out a review for the Government. |
| Strengthened protection for whistleblowers. | Strengthened whistleblower protection. | Promised. | Parliamentary Committee investigating. |
| Strengthened protection for journalists. | A Charter of Free Speech including shield laws for journalists. | Promised. | Not yet. |
| Greater funding support for ABC. | Secure independent public broadcasters. | – | – |
| Lodgement of final reports of publicly funded opinion polling in the National Library and National Archives. | Greater transparency supported. Free and easily accessible public service documents when released. | – | – |
| Anti-corruption | |||
| An effective national anti-corruption Commissioner. | – | Greater support promised for the Integrity Commissioner and Australian Commission for Law Enforcement Integrity. | Token and inadequate budget increases only in May 2008 budget. The scope of the Commission also limited to the detection, investigation and prevention of corruption in the Australian Crime Commission and the Australian Federal Police. |
| An independent appointment system for all public offices. | – | Promised for ABC, SBS and National Museum of Australia only. | ABC, SBS and National Museum of Australia appointments reform not yet carried out. |
| Citizen engagement, collaborative governance and civil society | |||
| Improve citizen engagement | Online portal, free searchable govt information, an Australian C-Span, deliberative inclusive processes that feed into decision-making and citizenship education & training. | – | – |
| Improve deliberative democracy | Online participation, citizen juries, citizen parliaments, participatory budgeting & electronic town meetings. | – | – |
| Removal of gagging clauses from funding arrangements. | – | Promised. | Carried out. |
| Commitment to a model of democracy which acknowledges the key role of civil society organisations – as argued by the House of Reps Standing Committee in 1991. | Greater recognition of the importance of the third sector (civil society bodies) and strengthening of the sector. | – | – |
| Human rights | |||
| National charter of rights and responsibilities. | A national process to consult all Australians about the protection of human rights. A national charter or bill of rights. | Inquiry promised. | Indicated but not yet established. |
| Reform of sedition laws according to Law Reform Commission recommendations. | – | Promised. | Not yet. |
| Review of terrorism laws to examine where the laws lead to breaches of human rights. | – | – | None as such but Haneef Inquiry examining application of those laws in a specific situation. |
Click on the headings to open the files.
Changes to media laws - On 18 October 2006, the Australian Parliament passed new media laws easing cross-media and foreign ownership rules. This legislation is likely to lead to the further concentration of media ownership in Australia. The Rudd Government has made no changes to these laws since coming to office.
The anti-terror and sedition laws - Aspects of the recently passed anti-terror laws have been widely criticised by many groups, including prominent law bodies, because of the threats to civil liberties arising from some of their provisions. While the Rudd Government appears to accept the status quo on terrorism laws, there have been a few important new initiatives taken, including the Haneef Inquiry.
Attacks on community voices - There have been many recent attacks on community voices, especially on bodies that act as advocates for the environment, the disadvantaged or the community. These community groups are a corner stone of a healthy democracy. An important rectifying step was taken in January 2008 when Deputy Prime Minister Julia Gillard removed gagging clauses from contracts with community organisations
Disenfranchisement of voters and increase in the threshold for political donations - Changes to the Commonwealth Electoral Act were approved by Parliament in June 2006 despite widespread criticism. One amendment requires that the electoral roll close the day after the issue of electoral writs. This could result in the disenfranchisement of thousands of citizens. Another amendment increases the threshold for disclosure of political donations from $1,500 to $10,000, diminishing the transparency of political party funding. The Rudd Government has introduced new legislation to deal with these problems.
Campaigning funds for sitting members - In many democracies, there are strict controls on parliamentary entitlements and allowances for incumbents. In Australia, allowances have increased dramatically in recent years, together with the capacity to carry over unused entitlements for election campaigning. This gives sitting members an unfair advantage over other candidates. To date the Rudd Government has done nothing about this issue.
Codes of conduct for politicians and public servants after leaving office - Unlike other countries, until very recently there have been no federal codes governing post-separation employment for politicians and public servants. The Rudd Government has acted to rectify this situation.
Changes to Senate Committees - Under the Howard Government, changes were made to Senate Committees, curtailing their powers and independence. The Rudd Government has promised to restore these powers.
The public broadcasters - Despite strong and consistent public support, the Australian Broadcasting Corporation (ABC) has had its funding severely cut and has been under constant attack. Funding under the Rudd Government is still severely constrained.
Asylum seekers - The treatment of asylum seekers, both those waiting confirmation of their status and those accepted as legitimate refugees, has been lacking in humanity, often violating their basic rights and causing them bodily harm. The Rudd Government has introduced important new policies to improve the situation of asylum seekers.
Freedom of speech - The right to “freedom of political communication” is not entrenched in the Australian constitution or other legislation. The Rudd Government has promised to reform Freedom of Speech (FOI) laws.
Inadequate protection for whistleblowers - Whistleblowers play an important democratic role in exposing corruption and malpractice. There is, however, no uniform national legislation to protect them. A parliamentary committee is now examining the adequacy of protection for whistleblowers.
Inappropriate and politically motivated appointments to public offices - Australia lacks formal procedures to help ensure appropriate and unbiased appointments to public offices. The Rudd Government has promised to introduce a new system for a limited number of public appointments (ABC, SBS and Museum of Australia).
Corruption - The lack of a federal anti-corruption agency has been brought into prominence by the Australian Wheat Board scandal. The Rudd Government has made no commitment to the creation of a new Commissioner/Commission with comprehensive powers. It has also failed to provide adequate support for existing agencies.
Use of taxpayers’ money for political advertising - In recent years there has been an increase in the use of taxpayers’ money for political advertising. There are no laws regulating government expenditure on advertising. The Rudd Government has introduced new procedures involving scrutiny by the Auditor General. They are not, however, incorporated into legislation.
The censoring of scientists - Explicit and veiled limitations on the ability of scientists to speak out openly about their findings have diminished the quality of public debate in Australia. Examples of the censoring of scientists are still being reported.
Democracy Watch last reviewed August 2008.
Be Honest Minister! – A new ministerial code for the federal government
Changes in the balance of power between the executive and parliament have become a problem in Westminster democracies in recent years. In Canada and the UK there have been important moves to try to redress the balance and increase the accountability of the executive. Similar moves in Australia are being promoted by the Accountability Working Party – a non-partisan group of academics and former senior parliamentarians convened by leading members of the Australasian Study of Parliament Group. In the run up to the federal election it has drafted a new ministerial code, greatly strengthening the Howard Government’s version, and is trying to persuade all parties and the public of its merits. Elements in the new code include insisting that ministerial advisers be answerable to parliamentary committees, the on-line registration of lobbying activities, the appointment of a Parliamentary Standards Commissioner and provisions governing post-separation employment.
Click here for the full text
The Democratic Audit of Australia
http://democratic.audit.anu.edu.au/
Through its web “Audit Updates” and other publications, the Democratic
Audit provides informed commentary on threats to democracy in Australia. Its
other aims are:
Human Rights and Equal Opportunity Commission
http://www.hreoc.gov.au/
The Human Rights and Equal Opportunity Commission has responsibility for
the investigation of possible infringements of racial, sex, disability and
age anti-discrimination laws and for inquiries into alleged infringements
of human rights. It also plays a central role in contributing to the maintenance
and improvement of a tolerant, equitable and democratic society, through
its public awareness and other educational programs, aimed at the community,
government and business sectors.
The NSW Council of Civil Liberties
http://www.nswccl.org.au/
The NSWCCL attempts to influence public debate and government policy on
a range of human rights issues. It tries to secure amendments to laws, or
changes in policy, where civil liberties are not fully respected.
Liberty Victoria
http://www.libertyvictoria.org.au/
Liberty Victoria is committed to the defence and extension of human rights
and civil liberties. It seeks to promote Australia's compliance with the
major human rights instruments set out in international law.
Friends of the ABC
http://friendsoftheabc.org/
Friends of the ABC aim to defend and promote the Australian Broadcasting
Corporation (ABC) in its vital role as Australia's independent, national
broadcaster. It opposes all efforts to censor the ABC or to compromise its
independence through the introduction of advertising.
International Institute for Democracy and Electoral Assistance
http://www.idea.int/
The International Institute for Democracy and Electoral Assistance (IDEA)
is an intergovernmental organization with member states from all continents.
IDEA works with both new and long-established democracies, helping to develop
and strengthen the institutions and culture of democracy.
