After several disturbing results in the super election year of 2024—which is now rolling into 2025 with Germany going to an election just this week—we should realise how fortunate we are in Australia on several fronts.
Not only are we fortunate in our global location but as we head towards a federal election, also in our quite unique electoral and voting systems.
How our elections are run is a vital foundation to the health of our democracy. As support for major parties continues to decline, the recent legislative changes pushed through by the Labor Government with the support of the Coalition are cause for both praise and concern – and something we should all have on our radars.
I could not think of a better person to bring us up to speed on these recent electoral changes than Kiera Peacock.
Kiera is a lawyer with over a decade of experience in political campaigns where she combines her deep understanding of Australia’s political landscape with her expertise in public and constitutional law to support those working to strengthen democratic processes. Kiera Peacock founded Ripple in 2024, a specialist firm ‘sitting at the heart of politics, law and campaigning.’ Wow!
Below, Kiera answers some questions about the recent electoral reform and what they mean for our democracy.
So what’s happened with recent federal electoral reforms? Give us the background.
Basically everyone in politics agrees that the federal electoral financing system needs to change. Where people differ is on what should change, and how.
Labor had been looking to bring about reform for the last couple of years. In November a draft bill (400 pages long!) was tabled in federal parliament. It didn’t pass then, but over summer Labor secured a deal with the Coalition to pass the most sweeping changes to our federal laws in decades.
They’ll come into effect on 1 July 2026 (after the upcoming 2025 election) and introduce donation caps, expenditure caps and, to offset the impact of donation caps, increased public funding for federal election participants.
There are some good things with these federal electoral reforms – what are they?
Transparency.
The laws will help improve transparency in donations to political participants. They will expedite public disclosure of donations and require greater disclosure of donations. This means we’ll be better able to draw threads between who is making donations and why – to detect undue influence on policy or decision making.
It is an improvement on the current annual disclosures of donations above $16,9000. But many would argue that the transparency provisions don’t go far enough. Someone could still donate $4,999 to hundreds of different entities and never be disclosed as a political donor.
What are the specific concerns to be aware of with the federal electoral reforms?
The fact that these 400 pages of amendment came into existence with no scrutiny and practically no consultation beyond the two major parties is very problematic.
The whole reason why you have scrutiny and consultation for key legislative changes is to provide that 360 degree input – from all sectors of society. Understand where the problems might be, who might be inadvertently affected, if there are improvements the creators haven’t thought of.
Apart from the really substantive issue of how the laws came to be, there are a few other concerns:
- Their complexity is going to make it tough for all to comply – especially grassroots campaigners who don’t have the compliance budgets of major parties.
- They have a number of loopholes which mean they won’t actually get dark money out of politics.
- And as you dig through the 400 pages, you find all these parts of the law which really advantage major incumbent parties over new entrants – including the ability of a major party to outspend in a seat, as well as raise money from large trust funds which are exempt from some of the donation restrictions.
Australia does have some unique features in the way our federal elections are run – can you highlight these and the benefits?
There are three core pillars of the Australian electoral system which together mean that our system is one of the most representative and robust in the world.
First, compulsory voting. Everyone has an obligation to vote. This means our politicians are chosen by the majority of the electorate, not the majority of those who have the opportunity to vote.
Second, preferential voting. Preferential voting means every vote counts. You can put down the candidate you most want to win, then every other candidate according to your preference after that. Your vote won’t be wasted if your first preference doesn’t win. This is huge because it means the successful candidate is usually the one who appeals to the broadest number of voters rather than having an all or nothing first past the post campaign.
Third, an independent electoral commission. The AEC has a tough job and their overall ability to be independent and run fair, transparent elections is really important. Like in any organisation, mistakes may be made and we need systems of accountability – freedom of information laws, parliamentary scrutiny etc. But on the whole, they do a great job conducting elections.
What do you think would make our federal electoral system more democratic?
Simplifying it. If a grassroots campaigner needs a lawyer to engage in politics, the laws are broken.
One of the biggest problems I see is that people are scared to engage. The breach of many electoral laws is a criminal offence. This scares people off from participating – they want to comply but they may not know how.
As an aside—many would also be surprised to know that unlike in the business sector—there are no requirements in politics to tell the truth in political advertising. Can you tell us about this?
It is bizarre. Politicians have really exempted themselves from the ordinary requirements that you shouldn’t be able to lie in an ad. There was an attempt to require truth in political advertising in the 80s but it was quickly revoked.
Whilst you don’t want to stifle political activity, to my mind there is a difference between outlawing a lie and requiring truth. We should absolutely expect that our politicians will not lie in political advertising. Laws to ban lies were tabled by Labor in November 2024 as well – but the laws never went to a vote despite having crossbench support as Labor didn’t have the Coalition on side.
What are the politics behind all of this? (There’s always politics)
The stated objective is to kill Clive Palmer’s ability to pump $100m into an election.
But it is hard to look at how the laws came to be, and some of the provisions which really advantage incumbents, and not think that part of their purpose is to entrench the status quo in terms of political power.
What’s the disinformation to look out for with federal electoral reforms?
I haven’t seen anything in the category of deliberate misinformation or lies about these laws, like we’ve seen in other aspects of politics.
However, there are assumptions we see in some discourse which should be challenged. Contrary to what many think, there is no requirement for Australia to be a two party system. The Constitution doesn’t even mention parties, it is just the way that politicians have largely organised themselves over the last 100 years. In that time parties have come and gone. Similarly, there is no requirement that politicians be members of a party.
What can each of us do to address the issues you raise?
Laws can be changed and voters have power. If someone isn’t happy with the deal which has been done – let your local MP and 2025 candidates know.
Find out how to reach your local federal member here.
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A huge thanks to Kiera Peacock for ensuring we’re aware of these vital issues underpinning our precious democracy.
Let’s draw the line between the issues we all care about – including how our elections are run – and our informed vote as we all walk into the polling booth in the coming months to elect the people who will make decisions for us on these vital issues. It really is up to us!
See other articles in this Women’s Agenda series here:
- ‘Biases are supercharged’: Tracey Spicer on what women should know about AI
- How the death of Julie-Ann Finney’s son prompted her advocacy for better veteran mental health support
- Why becoming more politically active is the best new year’s resolution you can make
- We’ve just experienced Australia’s hottest spring on record. Here’s what that means for all of us
- What is the most powerful thing we can do to support asylum seekers and refugees? Jana Favero explains
- Why is abortion suddenly back in the headlines? Here’s what you need to know