The Victorian Electoral Commission (VEC) has released a statement explaining the new regulatory approach to its job and its response to non-compliance with the law.
Electoral Commissioner Warwick Gately said he was acutely aware that Victorians expected his Office to take its role seriously not just conducting State elections, but also ensuring all election participants played by the rules.
“It is important all those participants know what the rules are,” Mr Gately said.
“Those campaigning must follow the rules set out in the law, particularly when it comes to authorising their electoral campaign material, signage, avoiding any false and misleading content in relation to casting a vote, and — for the first time this State election – making and receiving political donations.”
He said that was why he was publishing the VEC’s regulatory approach – “To provide transparency and predictability in our compliance responses.”
Mr Gately said the VEC had taken feedback from the public on board, and this had matured and improved its responses to non-compliance with the law.
He said this marked an important reset of the VEC’s approach that was consistent with the practice of modern regulators.
“Our priority is to educate and support electoral participants to meet their obligations,” the Commissioner said.
“Where education and support fail to address non-compliance, or we believe an offence has been committed, the VEC will investigate or take action that is in balance with the level of harm,” he said.
“We will also refer matters to other State and Federal integrity and enforcement bodies where needed.”
Mr Gately said he had bolstered the size of the VEC’s compliance team in anticipation of an expected increase in complaints this State election.
He said the VEC wouldn’t make public comment on its investigations that may compromise fairness or prejudice any further action.
“Given that the 2022 State election is the first election under Victoria’s new funding and disclosure laws, these new laws will be an important priority area for the new regulatory approach,” Mr Gately said.
“Key focus areas will be non-monetary disclosures, disclosures on fundraising events, and donations that are not disclosed within 21 days and those that exceed the general cap of $4,320,” he said.
“It is critical for electoral participants to be alert to these obligations.”
The Commission’s three-page Regulatory Approach statement can be downloaded at this PS News link.
