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2010-2011-2012-2013
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
Commonwealth Electoral Amendment
(Leaders' Debate Commission) Bill 2013
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Christine Milne)
Outline
The Commonwealth Electoral Amendment (Leaders' Debate Commission) Bill 2013 establishes a
commission to oversee a series of debates to occur prior to a federal election. The bill provides for the
appointment of a Commissioner and seven Deputy Commissioners.
NOTES ON CLAUSES
Clause 1 - Short Title
This is a formal provision specifying the short title.
Clause 2 - Commencement
This clause provides for the Act to commence on the day it receives Royal Assent.
Clause 3 - Schedule(s)
This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in
that Schedule, and any other item in a Schedule operates according to its terms.
Schedule 1
Clause 1
This clause provides a definition for the position of Commissioner.
Clause 2
This clause provides a definition for the position of Deputy Commissioner.
Clause 3
This clause provides a definition for the Commission.
Part XXIV - Leader's Debate Commission
Division 1--Preliminary
Clause 396--Object
This clause sets out the objects of the bill, which is to promote informed political debate through the
establishment of a Commission, and the appointment of a Commissioner and seven Deputy
Commissioners, who will implement a system to have three or more leader's debates. The
Commission must be impartial, independent and apolitical.
Division 2 - Establishment, functions and powers of the Commissioner of the Leaders' Debate
Commission
Clause 397
This clause provides for the appointment of a Commissioner.
Clause 398
This clause sets out the functions of the Commissioner including the Commissioner's responsibility to
appoint Deputy Commissioners to provide advice and to supervise staff. This clause also sets out
specific functions of the Commissioner including the determination of the format, number, length,
participants, moderators, location, questions to be asked at debates and details about the broadcast of
the debates.
Clause 399
This clause provides that a part-time Commissioner is to be appointed by the Governor-General, after
consultation with the leaders of all other parliamentary political parties and once satisfied that the
person is suitable for appointment due to their experience, qualifications or training.
Clause 400
This clause has the effect of the Commissioner being appointed for a 3 year term of office and is able
to be reappointed once only. This will have the effect of a Commissioner not being able to serve more
than two consecutive terms. In the case of the first Commissioner this clause stipulates a term of
office for two years.
Clause 401
This clause has the effect of providing that remuneration and allowances for the part-time position of
Commissioner to be set by the Remuneration Tribunal.
Clause 402
This clause allows the Minister to grant a leave of absence to the Commissioner.
Clause 403
This clause has the effect of permitting the Commissioner to have paid employment that is not in
conflict with the proper performance of his or her duties.
Clause 404
This clause has the effect of requiring the Commissioner to provide written notification of conflicts of
interests to the Minister.
Clause 405
This clause has the effect that the Governor-General may provide, in writing, additional terms and
conditions about the role of the Commissioner.
Clause 406
This clause sets out the process for resignation of the Commissioner, namely that the Commissioner
may resign in writing to the Governor-General and that the resignation takes effect on the date
specified by the Commissioner or on the day it is received if no date is nominated.
Clause 407
This clause has the effect that the Governor-General may terminate the appointment of the
Commissioner for misbehaviour or physical or mental incapacity. This clause also sets out
circumstances in which the Governor-General must terminate the appointment of the Commissioner
such as bankruptcy, failure to disclose conflicts as outlined in clause 404, conflict with clause 403 or
absence for a period of 7 or more consecutive days or for 14 days in any 12 months, except on leave
of absence granted under clause 402.
Clause 408
This clause provides for the Minister to appoint an Acting Commissioner in circumstances where the
Commissioner office is vacant, during all periods where the Commissioner is absent from Australia or
unable to perform the duties outlined in this bill.
Division 3 - Deputy Commissioners
Clause 409
This clause has the effect of requiring the Commissioner to appoint seven Deputy Commissioners
who must have experience and qualifications in the fields of media or politics and must be non-
partisan and impartial. The Deputy Commissioners must be one member of the Commonwealth
Parliamentary Press Gallery, one member of the National Press Club, one representative of the
Australian Labor Party, one representative of the Federal Coalition, one representative of the
Australian Greens and two non-partisan community representatives. Representatives of political
parties must be nominated by the Leader of that party.
Clause 410
This clause has the effect of outlining the functions of the seven Deputy Commissioners which is to
provide advice and recommendations to the Commissioner.
Clause 411
This clause provides that Deputy Commissioners are appointed for a period of no longer than three
years.
Clause 412
The effect of this clause is that Deputy Commissioners are not to receive remuneration for their role.
Clause 413
This clause has the effect of requiring the Deputy Commissioners to provide written notification of
conflicts of interests to the Commissioner.
Clause 414
This clause has the effect that the Commissioner may provide, in writing, additional terms and
conditions on the role of the Deputy Commissioner.
Clause 415
This clause sets out the process for resignation of the Deputy Commissioners, namely that the Deputy
Commissioners may resign in writing to the Commissioner and that the resignation takes effect when
on the date specified by the Deputy Commissioner or on the day it is received if no date is nominated.
Clause 416
This clause has the effect of allowing the Commissioner to terminate a Deputy Commissioner's
appointment at any time.
Division 4 - Leader's Debate Commission
Clause 417
This clause has the effect of establishing the Leader's Debate Commission as part of the Australian
Electoral Commission.
Clause 418
This clause outlines the composition of the Commission, including a Commissioner, seven Deputy
Commissioner and staff as provided by the Australian Electoral Commission.
Clause 419
Clause 419 outlines that the function of the Commission is to assist the Commissioner in his/her
performance of their duties, as outlined in clause 398 of the bill.
Clause 420
This clause outlines the conditions for staff of the Leader's Debate Commission including that they
are engaged under the Public Service Act 1999 and made available by the Australian Electoral
Commission. When staff are engaged under these conditions they are subject to the direction of the
Commissioner.
Division 5 - Miscellaneous
Clause 421
This clause outlines that the Commissioner must provide a report for the Minister as to the
performance of the Commissioner's functions as set out in clause 398 within 3 months after polling
day of a House of Representatives election. The clause causes the Minister to have to table in
Parliament a copy of the Commissioner's report within 15 sitting days.
Clause 422
This clause outlines the powers of the Governor-General to prescribe regulations which may be
necessary to give effect to this bill.
Clause 423
This clause outlines that payments for this bill are to made out of money appropriated by the
parliament for the purposes of this Act.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Commonwealth Electoral Amendment (Leaders' Debate Commission) Bill 2013
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The Commonwealth Electoral Amendment (Leaders' Debate Commission) Bill 2013
establishes a commission to oversee a series of debates during federal elections. The bill
allows for the appointment of a Commissioner and seven Deputy Commissioners.
Human rights implications
This bill engages the right to freedom of opinion and expression (Article 19 of the
International Covenant on Civil and Political Rights) and the right to take part in public affairs
and elections (Article 25 of the International Covenant on Civil and Political Rights).
The bill provides discretion to the Commission to the content of speech or broadcast during
the debates and the discretion to restrict or specify media coverage of the debates. The bill
does provide the Commission with the power to regulate the communication of information
and ideas about public and political issues however, the scope of the bill is restricted to the
Leaders of parliamentary political parties and, from time to time, independent or non aligned
Members of Parliament. The bill does not limit the rights of other citizens. The bill only
places restrictions on these rights in limited circumstances, should the Leaders choose to
participate in specific debate events. It is not a general or blanket restriction that applies at
any time outside of the debate. There are no penalties or sanctions in the bill.
The engagement of these rights is acceptable as the bill aims to increase the overall amount
and quality of political expression from the Leader's of political parties.
Conclusion
This Bill is compatible with human rights.
Senator Christine Milne
This material is provided to persons who have a role in Commonwealth legislation, policy and
programs as general guidance only and is not to be relied upon as legal advice. Commonwealth
agencies subject to the Legal Services Directions 2005 requiring legal advice in relation to matters
raised in this document must seek that advice in accordance with the Directions.