Premier responds to Electoral Commissioner’s fears over ‘intrusive’ new laws

Annastacia Palaszczuk has addressed concerns proposed new laws could provide ministers with “intrusive powers” to access sensitive and confidential information about political rivals.

Premier Annastacia Palaszczuk at Parliament House on Monday. Picture: Liam Kidston

Annastacia Palaszczuk insists the state’s Electoral Commission will remain independent despite fears proposed new laws could provide ministers with “intrusive powers” to access sensitive and confidential information about political rivals.

Extensive legislation introduced by the Queensland government to modernise the public sector will allow ministers to order reviews of independent bodies, including the Electoral Commission of Queensland.

Electoral Commissioner Pat Vidgen warned the laws would dent the watchdog’s independence and have a “chilling effect” that will undermine public confidence.

But the Premier said the ECQ was consulted about the proposed laws, while refusing to rule out excluding the watchdog from the new legislation.

“I understand what the ECQ is saying but it’s before the committee and we look forward to the report,” she said.

“Let’s see what the committee says.”

Queensland Electoral Commissioner Pat Vidgen. Picture: Cameron Bates

Mr Vidgen revealed his concerns to the committee about how the review powers could be misused by ministers to access information about political rivals collected by the ECQ.

“The ability of the executive to initiate a review at any time also raises concerns with regard to the real or perceived motivation for the timing of a review,” Mr Vidgen told a public hearing at Queensland parliament on Monday.

“An example of this would be a review initiated by an incoming government immediately following an election, which could give rise to access to electoral material stakeholders including candidates and political parties,” he said.

The laws, introduced by the Premier, would allow a minister to call a reviewing entity, such as a special commissioner, to conduct wide-ranging public sector reviews into state government entities.

The proposed powers include the ECQ but not core integrity bodies such as the Crime and Corruption Commission and the Audit Office.

The Electoral Commissioner appeared at a public hearing on Monday in front of the relevant committee examining the proposed laws to call for the protections to be extended to include the electoral watchdog.

“The mechanisms such as a public sector review function established in law must be proportionate and include appropriate safeguards against potential misuse or perceived misuse in the present and in the future,” Mr Vidgen told the hearing.

“The ECQ’s observation is that this review function, as presently drafted, may have consequences on its operation by providing the executive arm of government with potentially intrusive powers to review or access sensitive and confidential information collected in the course of performing our duties.”

Shadow legal affairs spokesman Tim Nicholls said the proposed powers to initiate a review of the electoral watchdog could provide a risk to Queensland’s ability to hold “free and fair” elections.

“One of the great fears, of course, is that under the proposed provisions, government officers – bureaucrats – will be able to walk into the Electoral Commission of Queensland and demand the production of sensitive and confidential records and documents,” he said.