The Election Funding, Expenditure and Disclosures Amendment Bill 2014 (NSW) (Election Funding Bill) was introduced into Parliament on 14 October 2014. The Bill proposed provisions in relation to elections generally and included the following proposed provisions which would be applicable to the 2015 State Election only:
- a one-off disclosure of political donations from 1 July 2014 to 1 February 2015 (this date was subsequently amended to 1 March 2015) in relation to political donations received during that period in relation to the State Election or elected members of Parliament. The one-off disclosure is required to be lodged and published;
- a cap on political donations and electoral campaign expenditure to the levels that applied in the 2011 State Election;
- a reduction in the electoral expenditure caps for third-party campaigners from:
- $1,050,00 to $250,000 for registered campaigners; and
- $525,000 to $125,000 for non registered campaigners;
- a replacement of the existing scheme for public funding of election campaigns of parties and candidates; and
- the imposition of an indictable offence with a maximum penalty of imprisonment for 10 years, where a person enters into or carries out a scheme with the purpose of circumventing political donations or electoral expenditure prohibitions.
The proposed provision to reduce the electoral expenditure cap for third-party campaigners was subsequently abandoned. The balance of the Election Funding Bill was passed by both Houses of Parliament on 22 October 2014.
Notably, the Election Funding Bill changes the scheme of public funding for election campaigns for the 2015 State Election. For example, $4 will be paid for each first preference vote received by an endorsed candidate of an eligible party in the Legislative Assembly election and $3 will be paid for each first preference vote received by an endorsed candidate of an eligible party in the Legislative Council election, unless the lesser amount is the total amount of the actual campaign expenditure of the party and the endorsed candidates, in which case, that amount will be paid.
The Election Funding Bill also states that if an eligible party meets the eligibility criteria for public funding of election campaigns under section 57 of the Election Funding, Expenditure and Disclosures Act 1981 (NSW), but does not meet the 'periodic Legislative Council' election eligibility criteria, then as long as the party had 10 or more endorsed candidates in the Legislative Assembly general election, they are eligible for the $4 payment from the Election Campaigns Fund for each first preference vote in relation to the Legislative Assembly.
There are also similar provisions in the Election Funding Bill in relation to public funding of independent candidates. The new public funding model replaces the previous scheme which was a sliding scale of actual expenditure incurred by a party.
The Election Funding Bill is currently awaiting assent by the Governor. The editorial committee of the Government Bulletin notes that the election is scheduled for 28 March 2015.
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In the media
IPC delivers 2013 - 2014 annual report to NSW
Parliament
The IPC has released the annual report 2013 – 2014 and
outlines our directions for the coming year. A number of key
resources and reports were developed including the inaugural Report
on the Operation of the Government Information (Public Access) Act
2009: 2010 – 2013 by the Information Commissioner (22 October
2014)
More... View the IPC Annual Report
2013 – 2014.
NSW electoral funding reforms passed
More taxpayer dollars will be given to political parties in NSW to
spend on the upcoming March election campaign in a bid to take away
the corrupting influence of donors. State parliament also passed
the NSW Premier's electoral funding measures which will also
hand tougher penalties and jail terms to politicians breaking
donation laws (22 October 2014)
More...
ICAC annual report 2013-14
The NSW Independent Commission Against Corruption (ICAC) furnished
its annual report 2013-14 to the Presiding Officers on Wednesday 22
October 2014. If the Presiding Officers make the report public, it
will be made available for download from the ICAC website here...
New Court powers to hit environmental offenders'
bottom lines: NSW
The Minister for Planning has announced the NSW Government will
introduce laws to give the Land and Environment Court the power to
impose tough new sanctions. The proposed amendments to the
Environmental Planning and Assessment Act 1979 will give the Court
remedial actions on top of fines when miners, developers and other
commercial operators are found guilty of breaching development
consent conditions.
New court powers to hit environmental offender's bottom
lines
Community safeguards with tougher law:
NSW
High risk offenders who are subject to Extended Supervision Orders
(ESO) now face up to five years jail if they breach those orders,
under legislation passed by the NSW Parliament. The new law will
affect a small group of sex offenders and violent criminals who the
Supreme Court has determined require ongoing supervision after
their release (16 October 2014)
More...
Prosecution briefs with the DPP and
outcomes
Access information on prosecution briefs currently with the
Director of Public Prosecutions, the outcomes of DPP advice and
prosecutions in relation to ICAC investigations over the past five
years (16 October 2014)
Prosecution briefs with the DPP and outcomes
ICAC finds six corrupt following investigations into the
soliciting and receipt of money within RailCorp and Housing
NSW
The Commission has furnished its report into the conduct of a
RailCorp manager and a Housing NSW employee (Operation Spector) (13
October 2014)
ICAC finds six corrupt following investigations into the soliciting
and receipt of money within RailCorp and Housing NSW
In practice and courts
New arrangements for privacy and freedom of
information
The Freedom of Information Amendment (New Arrangements) Bill
2014 (the Bill) was introduced into the Australian Parliament
on 2 October 2014.
The Bill proposes the repeal of the Australian
Information Commissioner Act 2010 including abolition of
the Office of the Australian Information Commissioner (OAIC), and
the amendment of the Freedom of
Information Act 1982 (FOI Act), Privacy Act
1988 and related laws.
ICAC: Annual report 2013–14 now
available
The Commission has tabled its annual report for the last reporting
period released on 22 October 2014
Annual report 2013–14 now available
NSW: Bail - Additional show cause offences: submissions The Council is seeking submissions from interested parties addressing the Terms of Reference. Submissions should be sent to sentencingcouncil@agd.nsw.gov.au, 31 October 2014. The Bail Amendment Bill 2014 can be found here. The Review of the Bail Act 2013 undertaken by Mr John Hatzistergos can be found here.
Legislation
NSW
Proclamations commencing Acts
Courts Legislation Amendment (Broadcasting Judgments) Act 2014 No
44 (2014-679) — published LW 24 October 2014
This Proclamation appoints 27 October 2014 as the day on which
Schedule 2 to the Courts Legislation Amendment (Broadcasting
Judgments) Act 2014 commences.
Regulations and other miscellaneous instruments
Child Protection (Working with Children) Amendment Regulation
2014 (2014-681) — published LW 24 October 2014
Amongst other things, this Regulation makes murder of any person a
disqualifying offence for the purposes of the Child Protection
(Working with Children) Act 2012
Children and Young Persons (Care and Protection) Further Amendment
Regulation 2014 (2014-682) — published LW 24 October
2014
(2014-685) — published LW 24 October 2014
This Regulation makes various amendments to the Children and Young
Persons (Care and Protection) Regulation 2012 that are
consequential on the Child Protection Legislation Amendment Act
2014, for example it specifies further factors relating to
guardianship orders indicating a significant change in the
circumstances of a child or young person for the purposes of
seeking the leave of the Children's Court to the making of an
application to rescind or vary a care order.
Bills introduced Government
Criminal Procedure Amendment (Domestic Violence Complainants) Bill
2014
The object of this Bill is to amend the Criminal Procedure Act
1986 to enable the use of recorded interviews with complainants in
proceedings for domestic violence offences, instead of written
statements or oral evidence and to make other consequential and
minor amendments.
Surveillance Devices Amendment (Police Body-Worn Video) Bill
2014
The object of this Bill is to amend the Surveillance Devices Act
2007 to allow for the use of body-worn video by police officers.
The Bill excepts police use of body-worn video from offences that
prohibit the use of surveillance devices to record private
conversations and to record the carrying on of activities.
Non-Government
Relationships Register Amendment (Recognition of Same-Sex and
Gender-Diverse Relationships) Bill 2014
The object of this Bill is to provide for the legal recognition of
relationships between two adult persons of the same sex, or two
adult persons, one or both of whom is gender-diverse, who have had
their union solemnised as a marriage as a civil union in certain
other countries or in certain other Australian States or
Territories.
Bills passed by both Houses of Parliament
Constitution Amendment (Parliamentary Presiding Officers) Bill
2014 The object of this Bill is to amend the Constitution Act
1902 to ensure that both the President of the Legislative Council
and the Speaker of the Legislative Assembly (and deputies acting
when they are unavailable) may exercise the functions of
Parliamentary presiding officers relating to the administration of
Parliament and the employment of Parliamentary staff during a State
general election period when the Legislative Assembly is dissolved
and the Legislative Council is suspended.
The Bill also makes a consequential amendment to the Parliamentary
Remuneration Act 1989 to ensure that Parliamentary presiding
officers (and their deputies) continue to receive their usual
remuneration during that State general election period.
Criminal Records Amendment (Historical Homosexual Offences) Bill
2014
The object of this Bill is to amend the Criminal Records Act 1991
to enable certain convictions for a number of de-criminalised
homosexual conduct offences to become extinguished.
Election Funding, Expenditure and Disclosures Amendment Bill
2014
The object of this Bill is to amend the Election Funding,
Expenditure and Disclosures Act 1981 to make special provisions in
relation to the 2015 State general election and to make other
provisions in relation to that and other elections.
Child Protection (Offenders Registration) Amendment (Statutory
Review) Bill 2014
The object of this Bill is to make various amendments to the Child
Protection (Offenders Registration) Act 2000 as a result of the
statutory review under section 26 of that Act. The changes include,
including objects in that Act and expanding the classes of
registrable offences to include manslaughter of a child, wounding
or grievous bodily harm of a child under 10 years of age and
abduction of a child.
Crimes (High Risk Offenders) Amendment Bill 2014
The object of this Bill is to amend the scheme for the supervision
and detention of high risk sex offenders and high risk violent
offenders that is set out in the Crimes (High Risk Offenders Act)
2006.
Crimes Legislation Amendment Bill 2014
The objects of this Bill include to amend the Crimes Act 1900 to
apply the statutory definition of consent to attempts to commit
sexual assault, to negate consent to sexual intercourse in
circumstances where consent has been given under a mistaken belief
that sexual intercourse is for health purposes and to make it an
offence to possess a distress signal or distress flare in a public
place without a reasonable excuse.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.