Unions score win over third-party election campaign spending

The unions have had a big win over attempts to ban third parties from spending more than $500,000 on election campaigns.

Secretary of Unions NSW Mark Morey.

Unions NSW has had a big win over the state government after it tried to ban so-called third parties from spending more than $500,000 on election campaigns.

The High Court today unanimously ruled the relevant section of the government’s Electoral Funding Act 2018 was invalid because it unreasonably interfered with the implied freedom of communication protected by the constitution.

“The defendant (the government) has not justified the burden on the implied freedom of halving the cap ... as necessary to prevent the drowning out of voices other than those of third-party campaigners,” Justices Susan Kiefel, Virginia Bell and Patrick Keane wrote in their joint judgment.

The laws capped electoral expenditure from third parties — including unions — at $500,000, which was less than half the previous limit of $1.05 million.

Premier Gladys Berejiklian in May 2018 argued: “Our reforms will drive greater integrity, transparency and accountability in our electoral funding regime and help protect our democratic values and freedoms.”

Unions NSW secretary Mark Morey described the passing of the laws as “a dark day for democracy”.

The government will have to pay the costs of the High Court case.

AAP