Northern Territory Second Reading Speeches

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ELECTORAL AMENDMENT BILL 2008

Madam Speaker, I move that the bill be now read a second time.

As previously announced by the government, the proposed legislation provides for four year fixed-term elections in the Northern Territory, and makes a number of consequential amendments to accommodate this. Currently South Australia, Victoria, New South Wales and the ACT all have fixed-term elections. There was a bill before the previous parliament in Western Australia that would have provided for fixed terms in that state as well. Whilst that bill was discontinued with the proroguing of the Western Australian parliament, I am advised that the incoming government indicated during the election campaign that it supported fixed term elections.


The population of the current jurisdictions with fixed-term elections represents approximately 70% of Australian electors. Should Western Australia move to a fixed term, this figure would rise to 80%. Fixed terms will reduce public uncertainty, allow participants to pre-plan, and assist in the efficient delivery of voting services. These measures should optimise voter participation in elections and that can only strengthen our system of parliamentary democracy.


Following the last election, a number of voters expressed concern that the parliament had not run its full term. The government has considered those comments, and has responded. This is a government that listens to the public, and acts appropriately. The
Electoral Act currently provides that a general election must not be held within three years of the first sittings of a new parliament unless extraordinary circumstances occur. The Northern Territory (Self-Government) Act provides that the period from the first sitting of the new parliament to the vote of the next general election shall not be more than four years.

Working within the limitations set by the
Northern Territory (Self-Government) Act, the proposed scheme provides that future elections in the Northern Territory will occur on the fourth Saturday of August in the fourth year after the year of the previous general election. Under this formula, the scheduled date for the next Territory general election is Saturday 25 August 2012. Successive elections will be held in August 2016, 2020, 2024 and so on.

Honourable members will appreciate that there will always be difficulties choosing a date in advance. No matter what the date, it is bound to clash with something or be inconvient for someone. The scheduled date is the best available, having regard to possible weather restrictions, school holidays, major events and financial reporting obligations. Circumstances may rise at some time in the future where it is neither desirable nor feasible for the Legislative Assembly to continue sitting until the next scheduled election date. To deal with such situations, the provisions of the existing act which enabled the Administrator to issue a writ for a general election in extraordinary circumstances will continue. These arise where the parliament has passed a resolution of no confidence in the government of the day, or where the parliament fails to pass an Appropriation Bill for the ordinary annual services of government.


In the 30 years of self-government in the Territory, there has never been a general election under such circumstances but, nevertheless, it is necessary to deal with the issue and to deal with how the date for the election following an extraordinary general election is to be determined. If, at some stage in the future, it was necessary to hold an extraordinary general election in the month of May, and that year was the scheduled year for a general election, then the inflexible system could conceivable require the Northern Territory to hold two general elections within a very short period of time. This is clearly undesirable. It would be costly, create uncertainty and erose stability. To use the date of the extraordinary election as the new date for calculating future elections would be similarly undesirable. The date of the extraordinary election may occur in the middle of the Wet Season or on the AFL Grand Final weekend, and all future elections would be held on the anniversary of this inconvient date.


To avoid the need to hold two general elections within a short period of time, and to avoid having to hold future elections at unsuitable time of the year, the bill provides a new mechanism for determining the date of the general election following an extraordinary one. It provides that the term of the Legislative Assembly immediately following an extraordinary general election will be for the remainder of the year of that election, and the next election will be held on the scheduled date; that is, the fourth Saturday in August in the third year following. For example, if there was an extraordinary general election held in December 2014, the election following that would not be held on the fourth Saturday in August in 2016, the schedule date that would have been used if there had been no extraordinary event; but, rather, on the fourth Saturday in August 2017, and then at regular four-yearly intervals after that.


The current Commonwealth
Electorate Act prevents states and territories from holding an election on the polling date for a general federal election. The Commonwealth does not have fixed terms, so it is necessary to provide some mechanism to move the Territory scheduled election date if this clashes with a future federal election. A provision in the bill allows the Administrator to set another date for the Territory general election within two months of the scheduled date that had to be abandoned, because of the federal election. The alternative date has to be a Saturday. Even when the date for the Territory general election is known in advanced, the length of the statutory election period - that is, the number of days between the issue of the writ and the polling day - is still an important issue. In this period, nominations need to be lodged, rolls closed and postal and pre-poll voting organised.
Clearly, knowing the date in advance is going to help considerably. Things like mobile polling, staffing and printing can be planned in advanced and this should make the process more efficient. Where there have been cause for a longer election period in the Territory, there are factors that weigh against too long a period. These include the more time the Territory is in caretaker mode, the longer the period the parliament is not functioning and the greater the likelihood that unforeseen events may arise. The calls for a longer period are based on the view that extra time would assist in the delivery of major services and, in particular, assist in regard to postal and pre-poll voting.


The government acknowledges the concerns that have been raised and, to address them, the bill contains three specific measures to facilitate an ordinary election. These measures should assist in maximising the opportunity to vote. They are:


·
an amendment to ensure that postal votes can be despatched as soon as practical after the close of nominations and the draw for positions on the ballot papers has taken place. This is a significant improvement to the current requirements that postal votes can not be sent out by the Electoral Commissioner until nine days after the writ or the election has been issued;
· an amendment which enables pre-poll voting to occur at the discretion of the Electoral Commission after the draw for positions on the ballot paper has occurred, and before polling day. This replaces the provision which prevented the Commission from commencing pre-polling until 13 days after the issue of the writ; and, finally,

·
an amendment to add an extra day to the electoral period. Given that the bill now provides that scheduled elections will be held on Saturdays, this provision will mean that the writs for the election will be issued on Mondays rather than on Tuesdays as traditionally occurred in the past.

The government is confident that these measures will provide a strong, robust electoral system that will maximise a number of people being in a position to cast a vote within a reasonable time frame. In regard to the length of the election period, it is noted that the past two elections have been successfully carried out under the current 19 day schedule, and knowing the election date in advance is going to assist preparation and planning in future years.


Fixed term elections will mark another milestone in the development of the Northern Territory. As we move towards greater certainty in regard to population growth and industrial development, it is time to update the electoral process. The proposed measures will promote certainty and stability, and should assist both the public and industry plan for the future. I commend the bill to honourable members and table the explanatory statement to accompany the bill.


Debate adjourned.


 


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