The Australian Electoral Commission (AEC) has questioned the findings of the Australian National Audit Office’s (ANAO’s) recent probe into its administration of the financial disclosure requirements of the Parliament’s election laws.
In his report the Auditor-General found the Commission’s management of the scheme to be only partially effective.
But in a statement accompanying the audit, the AEC said the auditors had misunderstood the intent of the legislation which governed the scheme.
“The proposed report contains some errors of fact and superficial analysis that lead to some flawed observations,” the AEC said.
“It demonstrates a misunderstanding of the AEC’s business and the legislation under which it operates.”
The Commission said that as a result, the Audit office had presented a report that gave the Australian public an unduly negative and misleading impression of the effectiveness of the scheme.
“The ANAO’s finding that the AEC’s management of the disclosure scheme is ‘partially effective’ runs counter to the extent of disclosure achieved by the AEC (obtaining 98.9 per cent of annual returns and 99.6 per cent of election returns during the four-year period examined),” it said.
“Moreover, the AEC disagrees with the ANAO’s view that it does not make effective use of its enforcement powers. The ANAO seems to have misinterpreted Parliament’s intent on this issue.”
It said the AEC’s view, “supported by data”, is that it had successfully achieved disclosure through consultation and education.
“The proposition the AEC should be more heavy-handed in its approach to enforcement is rejected, as prosecutorial action for amendments and other administrative mistakes would be disproportionate,” the AEC said.
“The AEC believes the ANAO’s misunderstanding of the intent of the legislation exaggerates the nature of the recommendations and the perceived risk to electoral integrity.”
The Auditor-General’s report, and the AEC’s response, can be accessed online at this PS News link or in print at this link.