Retiring MLC Ivan Dean backs former premier Paul Lennon’s legal fears over simultaneous elections

Holding simultaneous upper and lower house elections “smacks of hubris”, a political analyst says, but the Attorney-General says the government has legal advice backing its decision.

A STOUSH over the holding of the state election and two Legislative Council elections on the same day threatens the political system and could end up in court, a MLC says.

Ivan Dean, who is retiring from the Legislative Council seat of Windermere he has held for 18 years, says he believes the Electoral Act is being breached by parties promoting candidates.

“A lot of people are very concerned and it could end up in court if a candidate challenges the election,” Mr Dean said.

“I would hate that to be the case.

“But from what I am seeing, hearing and reading, it doesn’t look good.”

Attorney-General Elise Archer said the government took advice on the matter.

“The government took legal advice on this and we are able to hold both elections on the same day,” Ms Archer said.

“Senate elections are held on the same day as the House of Representatives and there are a number of independents and parties who run in those Senate elections.

“In almost every other state and territory they have dual elections as well, even if it’s just half of their upper house.

“So what Tasmania is doing is no different to that, but we have taken legal advice and we believe we’re in a very strong position in that regard.”

Ivan Dean independent MLC. COVID inquiry with Luke Martin of the Tourism Industry Council Tasmania appearing via video link from his car after not passing the COVID safe questionnaire to gain access to parliament. Picture: NIKKI DAVIS-JONES

Former Labor premier Paul Lennon has written to the Tasmanian Electoral Commissioner Andrew Hawkey expressing concern that the elections are, for the first time, being held on the same day.

Mr Lennon has legal advice expressing concern at the simultaneous elections and likely breaches of the Electoral Act.

Political analyst Professor Richard Herr believes the holding of the elections on the same day could have “serious legal and political consequences”.

“The decision was deliberate and with an agenda that smacks of hubris and opportunistic overreach,” Professor Herr said.

Election analyst Richard Herr warned holding elections on the same day could have “serious legal and political consequences”. Picture: AAP

Mr Dean said Mr Lennon and Professor Herr’s assessments were “pretty damning”.

“I wonder where all this going and even the Electoral Commissioner was worried because he wrote to the parties about the risks of having them on the same day he so was concerned,” he said.

“Why would he do that and do the candidates even understand what they might be doing wrong?

“Where will this go because the Act is very clear on this matter.”

Mr Hawkey said he had received Mr Lennon’s letter.

“I will look into his letter and respond soon,” he said.

Ex-premier reveals ‘corrupt’ campaign concerns

FORMER Labor Premier Paul Lennon says it is not possible to hold state and Legislative Council elections on the same day that are fair and free from “corrupt and illegal practices”.

Mr Lennon has written to Tasmanian Electoral Commissioner Andrew Hawkey detailing his “extreme concern” that the elections are for the first time being held on the same day.

“The decision is very troubling and will more than likely, if not stopped, cause multiple breaches of the Electoral Act by representatives of any political party that has candidates running for election in both the general election for the House of Assembly and any or all of the Legislative (Council) divisions of Windermere and Derwent,” Mr Lennon wrote.

Both the Liberal and Labor parties have endorsed candidates in the elections for Derwent and Windermere.

The elections being held simultaneously has caused outrage among some independent sitting MLCs and candidates who argue that candidates with party backing have an unfair advantage because they can be included in party advertising and media appearances by party leaders

Mr Lennon has detailed legal advice from former solicitor-general Leigh Sealy SC that the likelihood of registered political parties and their candidates of contravening the Electoral Act is “greatly increased.”

Former Tasmanian premier Paul Lennon has written to the electoral commissioner highlighting his concerns over holding simultaneous elections. Picture: Nikki Davis-Jones

If found guilty of a breach of the Electoral Act a penalty of $34,400 and six months jail for each individual offence can be imposed.

The concern is around section 162 of the Electoral Act which says: “A person must not incur any expenditure for or on behalf of a party with a view to promoting or procuring the election of a candidate or intending candidate as a member of the council, whether or not the candidate or intending candidate is an endorsed candidate of the party.”

Mr Lennon says Premier Peter Gutwein and Minister Guy Barnett have promoted Ben Shaw in Derwent and Nick Duigan in Windermere as Liberals during the election.

“Therefore, it follows that every paid generic advertisement for the Liberal team has as its sole purpose the promotion and procurement of the election as Liberal candidates in both the general election for the House of Assembly and the Legislative Council divisions of Derwent and Windermere,” he said.

Liberal candidate for Derwent Ben Shaw with Premier Peter Gutwein on the campaign trail in the Derwent Valley. Picture: Nikki Davis-Jones

Labor MLC for Derwent Craig Farrell has been pictured on the state election campaign trail with party leader Rebecca White.

Mr Lennon said he is aware that Mr Hawkey wrote to political parties to draw their attention to specific provisions of the Electoral Act about promoting and procuring the election of candidates in Legislative Council elections

“Indeed you go so far as to say that parties should take steps to ‘minimise’ the likelihood of the Electoral Act being breached,” Mr Lennon said.

Labor leader Rebecca White and MLC for Derwent Craig Farrell talk to locals at the New Norfolk market. Picture: Zak Simmonds

He said Mr Hawkey’s advice prompted him to get legal advice from Mr Sealy, which confirmed his own concerns.

“It is not possible to hold the general election for the House of Assembly and for the divisions of Mersey, Windermere and Derwent on the same day that are fair and free from corrupt and illegal practices,” Mr Lennon wrote.

“Public confidence in the electoral process depends upon a general acceptance that elections are fair and free, and that political parties and individual candidates have acted or are acting lawfully during the course of an election campaign.

“If you allow the general election for the House of Assembly and Legislative Council to both proceed on May 1, then how do you propose to reassure the Tasmanian public that they will be free and fair, and NOT be tainted by the fact, or even the perception, that political parties have acted or are acting unlawfully during the course of the election campaign?”

Retiring independent Windermere MLC Ivan Dean is worried that independents are being disadvantaged.

“It is not a level playing field,” Mr Dean said.

“It’s hard to control something that hasn’t happened before.”