The Hon. H.J. GUMBYS (16:25): I rise to support the Electoral (Appointments and Expiry of Part 13A Modifications) Amendment Bill 2026. The public should be able to have confidence in the way elections are conducted and in the rules governing those who contest them. That requires an electoral commission with experienced leadership, and electoral laws that are clear and workable. This bill addresses both. It updates the appointment terms for the Electoral Commissioner and the Deputy Electoral Commissioner and it provides continuity for arrangements supporting our political funding reforms while those reforms undergo an independent review.
These are distinct changes, but both concern the responsibility of parliament to maintain an electoral system that works efficiently. Under the current Electoral Act, the Electoral Commissioner is appointed until the age of 65. The Deputy Electoral Commissioner serves under a different arrangement, with their term linked to the timing of general elections. The bill replaces these arrangements with appointments for a term not exceeding seven years, with the possibility of reappointment.
Fixed terms are already used for electoral commissioners across the commonwealth, states and territories. The maximum seven-year term also reflects the approach taken for South Australia's Independent Commissioner Against Corruption. There is good reason to update our arrangements. The present age limit restricts the candidates parliament can consider, regardless of their experience or capacity to perform the role. A person over 65 cannot be appointed Electoral Commissioner. Someone approaching that age may also be overlooked because they would only be able to serve for a relatively short period. Neither circumstance necessarily tells us anything about whether that person would be the strongest candidate. The focus should be on their qualifications, their judgement and their ability to carry out the responsibilities of the office.
Removing the age limit allows a broader field of candidates to be considered on that basis. It also addresses the unusual situation in which a person can serve as Deputy Electoral Commissioner beyond 65 but cannot then be appointed Electoral Commissioner. The proposed terms provide greater scope to plan for continuity of leadership, and there is flexibility to avoid an appointment expiring during an election and to avoid both senior positions becoming vacant at the same time or in close succession. Elections require extensive preparation, and that timing of leadership transition should take that into account.
Importantly, the bill retains the existing appointment mechanisms. The Statutory Officers Committee will continue to recommend a candidate for Electoral Commissioner to parliament. Appointment by the Governor will continue to require a recommendation made by resolution of both houses. The bill changes the term of appointment while preserving that parliamentary role. It also preserves the existing term of the current Deputy Electoral Commissioner, who is serving as Acting Electoral Commissioner. Her appointment is due to expire in March 2031 and the new arrangements will apply to subsequent appointments. That transitional provision provides certainty for office holders and the commission.
The second part of this bill concerns the temporary arrangements supporting our electoral funding reforms. When the government introduced its ban on political donations it also made substantial changes to public funding, election expenditure and disclosure requirements. The legislation included a temporary regulation-making power so that unforeseen problems with the operation of those changes could be addressed promptly. The power cannot be used to alter the provisions prohibiting donations and loans for certain electoral participants. It allows adjustments to other parts of the funding framework so that the system can operate as intended.
Those adjustments have addressed matters such as registering agents, calculating advance public funding and determining funding arrangements for new parties formed by sitting members. They also have clarified how the funding rules apply to candidates elected at by-elections. These are practical questions that electoral participants and the Electoral Commission need clear answers to. The temporary regulations provide those answers, but they are currently scheduled to expire on 31 December 2026.
The difficulty is that the broader reforms are also due for an independent statutory review. That review must commence before 1 January 2027 and be completed within nine months of the appointment of the three-person panel. Its recommendations may affect the very funding arrangements that these temporary regulations address. We should give that review the opportunity to inform the permanent legislation.
Allowing the temporary rules to expire in the meantime would create disruption, particularly if a by-election were held. Writing all of those rules into the act immediately could also mean undertaking substantial legislative work that would need to be revisited following the review. The bill therefore extends the sunset date for the transitional regulation-making power to 31 December 2028. This will allow the temporary regulations to be updated so that they can continue operating while the review is completed and a legislative response is prepared.
The intention remains to deal with these matters in the act, taking account of the review's recommendations. Amendments arising from that process are anticipated to be ready for introduction by mid to late 2028. That timeframe allows parliament to consider the changes ahead of the March 2030 election. The extension has a defined end date, and the independent review will still proceed as required. It gives electoral participants continuity, while allowing parliament to consider the permanent arrangements with the benefit of that review.
Both parts of this bill support the effective administration of our electoral system. The appointment changes allow a broader range of experienced candidates to be considered for electoral leadership, while preserving parliament's role in appointing the commissioner. The extension of the transitional arrangements ensures that existing funding rules can continue operating while their future form is properly considered. I commend this bill to the council.