FOI Request LEX3132, Schedule of Released Documents [PDF 129KB] (pdf)
Download cached file | Download from AEC--- Page 1 --- Request for: • The documents requested are all communications related to FOI REQUEST NO. LEX3132 https://aec.gov.au/Parties_and_Representatives/Party_Registration/Deregistered_parties/files/statement-of-reasons-voteflux-org-upgrade- democracy-s137-deregistration.pdf that were initiated by the Commissioner or a delegate of the Commisioner that were (in any way) releated to an attempt to understand and evaluate the arguments put foward by Flux in their February 13th appeal. That is: all attempts by (a delegate of the) Commissioner to evaluate whether the arguments put foward by Flux had merit in any way, shape, or form. • Additionally: any request by ANY AEC personal concerning the validity of the statistical claims that were put forward in the above-mentioned documents which were made as part of Flux's appeal. SCHEDULE OF RETRIEVED DOCUMENTS Document No. Description Date Minute: For action – Deregistration under s 137(6) of the Commonwealth Electoral Act 1918 (Electoral Act) – VOTEFLUX.ORG | Upgrade Democracy! (the Party) 21 March 2022 Email chain – Re: Delegate consideration – s 137 response received – VOTEFLUX.ORG | Upgrade Democracy! 2 March 2022
This document is a schedule of retrieved documents for FOI Request LEX3132, which sought "all communications" from the Australian Electoral Commission (AEC) Commissioner or a delegate evaluating VOTEFLUX.ORG's February 13, 2022, appeal against potential deregistration, specifically concerning their membership validity claims and statistical assertions.
The schedule lists two documents released:
* A "Minute" dated March 21, 2022, concerning the deregistration of VOTEFLUX.ORG under s 137(6) of the Commonwealth Electoral Act 1918.
* An "Email chain" dated March 2, 2022, titled "Re: Delegate consideration – s 137 response received – VOTEFLUX.ORG | Upgrade Democracy!"
Relevance to FOI Request:
This document directly addresses the FOI request by providing a list of the specific communications released in response. It confirms the scope of the request aligns with the provided overview (seeking documents related to the evaluation of VOTEFLUX.ORG's appeal and membership claims). The listed documents, the March 2, 2022, email chain and the March 21, 2022, Minute, are precisely those identified in the request overview as key to demonstrating the AEC's assessment process and final determination regarding VOTEFLUX.ORG's membership validity.
LEX3132 documents [ZIP 1.53MB] (zip)
Download cached ZIP | Download from AECZIP Contents
- Document 1.pdf (pdf)
- Document 2 Disclosure log.pdf (pdf)
Document 1.pdf (pdf)
Download file--- Page 1 --- Minute Classification: OFFICIAL File reference: OBJECT ID: fA176751 To: Joanne Reid, Assistant Commissioner Disclosure, Assurance and Engagement Branch Through: Stuart Oreo Director CC: Parliamentary Engagement and Party Registration Assistant Director Parliamentary Engagement and Party Registration Subject: For action – Deregistration under s 137(6) of the Commonwealth Electoral Act 1918 (Electoral Act) – VOTEFLUX.ORG | Upgrade Democracy! (the Party) Purpose This minute asks you, as a delegate of the Electoral Commission, to deregister the Party under s 137(6) of the Electoral Act on the grounds that the Party does not have at least 1,500 members (s 137(1)(b) of the Electoral Act). Authority Sections 123, 137, 138 and 138A of the Electoral Act. Background On 13 January 2022, you, as a delegate of the Electoral Commission, issued a notice to the Registered Officer of the Party, Notice) stating that the Electoral Commission is considering deregistering the Party (OBJECT IDs: A1319272 and A1442167). The Registered Officer of the Party had until 13 February 2022 to provide a response. , under s 137 of the Electoral Act (the s 137 On 13 February 2022, the Party responded to the s 137 Notice: • Response received – OBJECT ID: A1369037 • Statement – OBJECT ID: A1369035 • Supplementary membership list – OBJECT ID: A1369039 On 2 March 2022, you, as a delegate of the Electoral Commission, having considered the statement lodged by the Party, and membership list lodged in support of that statement containing 4,680 names, requested that further membership testing be performed. In confirming your advice, you instructed to select the top 1,650 names for testing to conform with the AEC’s testing methodology parameters. Please see OBJECT ID: A1406912. Minute Page 1 s47Fs47F --- Page 2 --- --- Page 3 --- --- Page 4 --- OFFICIAL Application to change the Party’s name, abbreviation and logo in the Register On 19 February 2022, the Party lodged an application in accordance with s 134 of the Electoral Act to change its name, abbreviation and logo in the Register (OBJECT ID: A1396302). The Party’s logo passed validation and has been assessed by CRE8IVE (OBJECT IDs: A1421693 and A1421695). If the Party is deregistered, the application lodged under s 134 of the Electoral Act will no longer be valid. Conclusion On 13 January 2022, a notice was issued a notice to the Registered Officer of the Party under s 137 of the Electoral Act stating that the Electoral Commission is considering deregistering the Party On 13 February 2022, the party responded to the s 137 Notice providing a statement and a membership list in support of that statement. An assessment of the Party’s membership list was undertaken and based on the ABS methodology it demonstrated that the Party has failed to demonstrate to have at least 1,500 members. Accordingly, there are reasonable grounds on which you, as the delegate of the Electoral Commission, can be satisfied that the Party does not have at least 1,500 members. Based on this information, you may determine under s 138A of the Electoral Act that the Party is not an ‘eligible political party’ and should be deregistered. If you, as the delegate of the Electoral Commission is of this view, you should not deregister the Party under s 137 of the Electoral Act and advise the Registered Officer of this decision. Minute Page 4 --- Page 5 ---
Document Summary
This minute, dated March 21, 2022, from Stuart Oreo (Director) to Joanne Reid (Assistant Commissioner), recommends the deregistration of VOTEFLUX.ORG | Upgrade Democracy! (the Party) under s 137(6) of the Commonwealth Electoral Act 1918. The stated grounds for deregistration are the Party's failure to demonstrate that it has at least 1,500 members.
Key details include:
* On January 13, 2022, a notice was issued to the Party regarding potential deregistration.
* On February 13, 2022, the Party responded to this notice, providing a statement and a supplementary membership list containing 4,680 names.
* Following this, on March 2, 2022, Assistant Commissioner Joanne Reid instructed that further membership testing be performed, specifically requesting the top 1,650 names from the submitted list be tested to conform with AEC methodology.
* An assessment of the Party’s membership list was subsequently undertaken using the Australian Bureau of Statistics (ABS) methodology.
* This assessment concluded that the Party failed to demonstrate the requisite 1,500 members.
* The minute advises that there are reasonable grounds for the delegate to be satisfied the Party does not meet the membership threshold and recommends deregistration under s 138A of the Electoral Act.
Relevance to FOI Request
This document is highly relevant as it is the "March 21, 2022, Minute" explicitly referenced in the FOI request overview. It directly addresses the core subject of the FOI request: the Australian Electoral Commission's (AEC) evaluation of VOTEFLUX.ORG's February 13, 2022, appeal against potential deregistration, specifically concerning their membership validity claims.
The document confirms:
* The receipt and assessment of the Party's 4,680-name membership list submitted as part of their appeal.
* That the assessment was conducted following the instruction from Assistant Commissioner Joanne Reid on March 2, 2022, to test the top 1,650 names.
* The definitive outcome of this evaluation: VOTEFLUX.ORG failed to demonstrate the requisite 1,500 members based on ABS methodology.
* The subsequent recommendation for the Party's deregistration based on these findings, representing a critical communication in the decision-making process sought by the FOI request.
Document 2 Disclosure log.pdf (pdf)
Download file--- Page 1 --- Joanne Reid FAD Stuart Oreo RE: Delegate consideration - s 137 response received - VOTEFLUX.ORG | Upgrade Democracy! [SEC=OFFICIAL] Wednesday, 2 March 2022 2:59:18 PM image003.gif image004.gif From: To: Cc: Subject: Date: Attachments: Hi . I have considered the statement provided by VOTEFLUX.ORG | Upgrade Democracy!, which included provision of a membership list. In order to deregister the Party for the reason set out in the s 137 notice I am required to be satisfied on reasonable grounds that the party does not have at least 1,500 members. Given the party has submitted a new membership list I consider that list needs to be tested before I can make a determination in relation to that matter. Please arrange for membership testing of the list supplied with the statement in accordance with our usual processes. I note the membership list provided contains 4,680 names – please select the top 1,650 names for testing to conform with our testing methodology parameters. Jo Joanne Reid | Assistant Commissioner Disclosure, Assurance & Engagement Branch Australian Electoral Commission From: FAD <FAD@aec.gov.au> Sent: Wednesday, 2 March 2022 11:24 AM To: Joanne Reid <Joanne.Reid2@aec.gov.au> Subject: FW: Delegate consideration - s 137 response received - VOTEFLUX.ORG | Upgrade Democracy! [SEC=OFFICIAL] Good morning Joanne Please see the below emails and associated attachments regarding the s 137 response received by the AEC from VOTEFLUX.ORG | Upgrade Democracy! in relation to the s 138A review. Regards | A/g Senior Project Officer Parliamentary Engagement and Party Registration Section | Disclosure, Assurance & Engagement Branch Australian Electoral Commission From: Stuart Oreo <Stuart.Oreo@aec.gov.au> Sent: Tuesday, 1 March 2022 2:48 PM To: FAD <FAD@aec.gov.au> Subject: RE: Delegate consideration - s 137 response received - VOTEFLUX.ORG | Upgrade s47Fs47Fs47Fs47Fs47F --- Page 2 --- Democracy! [SEC=OFFICIAL] Approved to send to Jo. Thanks Stuart Oreo | Director Parliamentary Engagement and Party Registration Section | Disclosure, Assurance & Engagement Branch Australian Electoral Commission From: FAD <FAD@aec.gov.au> Sent: Tuesday, 1 March 2022 1:17 PM To: Stuart Oreo <Stuart.Oreo@aec.gov.au> Cc: Subject: FW: Delegate consideration - s 137 response received - VOTEFLUX.ORG | Upgrade Democracy! [SEC=OFFICIAL] Hello Stuart, The below request has been prepared to be sent to Joanne, as delegate of the Electoral Commission for the purposes of Part XI of the Electoral Act. VOTEFLUX.ORG | Upgrade Democracy! (the Party) did respond to the s 138A notice, however they did not pass membership testing. It is up to the delegate to consider the response within the legislative framework and determine if the Party should be deregistered. prior to sending to the delegate. Regards, Can you please let me know if you support this Good morning Joanne On 13 February 2022, the Australian Electoral Commission (AEC) received the attached statement (also accessible at OBJECT ID: A1369037) from the Registered Officer of VOTEFLUX.ORG | Upgrade Democracy! (the Party), January 2022 (attached, also accessible at OBJECT ID: A1386429). On 14 February 2022, the Party , in response to the s 137 Notice issued to the Party on 13 , Secretary and DRO) provided the AEC with an email (the Additional Statement) correcting “two errors made in the correspondence that I sent you yesterday” (attached, also accessible at OBJECT ID: A1386415). Background On 3 September 2021, the Electoral Legislation Amendment (Party Registration Integrity) Act 2021 (Party Registration Integrity Act) came into effect, amending the Commonwealth Electoral Act 1918 (Electoral Act), and increased the membership threshold for an eligible political party to 1,500 members. All registered non-Parliamentary parties, including the Party, had until 2 December 2021 to comply with the legislative requirement to have ‘at least 1,500 members’. On 8 October 2021, the Registered Officer of the Party was issued with a notice under s 138A(3) of the Electoral Act (the 138A Notice), requesting the Party provide evidence of compliance with the increased membership requirements and submit a membership list of between 1,500 and 1,650 members by 8 December 2021 (see OBJECT ID: A1157688). s47Fs47Fs47Fs47Fs47Fs42s47Fs47F --- Page 3 --- On 26 November 2021, the AEC sent a reminder to the Party (see OBJECT ID: A1304513). On 7 December 2021, the Party responded to the s 138A Notice providing the requested documentation (OBJECT ID: A1267776). Membership testing was conducted in accordance with the membership testing methodology and formula provided by the Australian Bureau of Statistics (ABS). A breakdown of the membership testing outcome is at OBJECT ID: A1303995. See below table for a summary of the membership contact outcomes. The relevant numbers for this membership test were: The random sample size Maximum number of denials permitted Contact attempts made* Responses received Confirmed Membership Denied Membership PASS/FAIL Members 53 7 78 44 9 FAIL On 13 January 2022, the Party was issued with a notice under s 137(1) of the Electoral Act (the s 137 Notice), stating that the Electoral Commission is considering deregistering the Party as the Electoral Commission is satisfied on reasonable grounds that the Party does not have at least 1,500 members (OBJECT ID: A1386429). Pursuant to s 137(2) of the Electoral Act, the Party was provided with one month to respond to the s 137 Notice (being 13 February 2022). On 13 February 2022, the Registered Officer of the Party provided a response to the s 137 Notice (OBJECT ID: A1369037) and on 14 February 2022 the Party the Additional Statement (OBJECT ID: A1386415). The Party’s email of 13 February 2022 also included a membership list in support of the statement which contains 4,680 names (OBJECT ID: A1369039). , Secretary and DRO) provided Eligibility Provisions Pursuant to s 138A(1) of the Electoral Act, the Electoral Commission may review the Register to determine whether a party remains an ‘eligible political party’, or whether it should be deregistered under ss 136 or 137 of the Electoral Act. Under s 123(1) of the Electoral Act an ‘eligible political party’ means a political party that: a. either: (i) is a Parliamentary party; or (ii) has at least 1,500 members; and b. is established on the basis of a written constitution (however described) that sets out the aims of the party. A ‘Parliamentary party’ means a political party at least one member of which is a member of the Parliament of the Commonwealth. The Party does not have, and has never had, a member of the Parliament of the Commonwealth. Section 136 of the Electoral Act pertains to a party failing to endorse candidates and therefore is not relevant to this review. The issue in question is whether the statement provide by the Party is sufficient for you, as a delegate, to be assured that the Party has ‘at least 1,500 members’. Section 137(1)(b) of the Electoral Act first requires the delegate of the Electoral Commission to be ‘satisfied on reasonable grounds’ that the Party does not have at least 1,500 members. Legislative framework s47F --- Page 4 --- Section 138A(1) of the Electoral Act outlines the purpose of a s 138A review: The Electoral Commission may review the Register to determine whether one or more of the parties included in the Register: (a) is an eligible political party; or (b) should be deregistered under section 136 or 137. Sections 138A(3 – 5) of the Electoral Act states: 3. For the purposes of reviewing the Register, the Electoral Commission may give a written notice to the registered officer of a registered political party requesting specified information on the party’s eligibility to be registered under this Part. 4. The notice must specify a period within which the information must be provided. The period must be at least 2 months. 5. The registered officer must comply with the notice within the specified period. However, the Electoral Commission may extend that period. Section 137(1)(b) of the Electoral Act prescribes that the Electoral Commission is satisfied on reasonable grounds that the Party does not have ‘at least 1,500 members’ and therefore does not meet the requirement of being an eligible political party under s 123 of the Electoral Act to remain in the Register of Political Parties (the Register). The Electoral Commission must give the registered officer of the party notice, in writing, that it is considering deregistering the party under this section, setting out its reasons for considering doing so and the terms of the provisions of subsections (2), (3), (4) and (5). Subsections 137(2 – 5) of the Electoral Act includes: 2. of the Electoral Act prescribes that where a notice is given under subsection (1) in relation to a political party, the registered officer of the party or 10 members of the party may, within 1 month after the date on which the notice was given, lodge with the Electoral Commission a statement, in writing, signed by the registered officer or by those members of the party, as the case may be, setting out reasons why the party should not be deregistered under this section. 3. Where a statement lodged under subsection (2) is signed by 10 members of a political party, the statement shall set out the names and addresses of those members and contain a statement that they are members of that party. 4. Where a notice is given under subsection (1) in relation to a political party and a statement is not lodged under subsection (2) in response to that notice, the Electoral Commission shall deregister the party. 5. Where, in response to a notice given under subsection (1) in relation to a political party, a statement is lodged under subsection (2), the Electoral Commission shall consider that statement and determine whether the political party should be deregistered for the reason set out in that notice. s42s42 --- Page 5 --- ‘ Membership testing methodology Under the membership testing methodology and formula provided by the ABS it is the Electoral Commission’s view that, absent of any relevant factors to the contrary, a failure to satisfy the test provided by the ABS alone constitutes reasonable grounds upon which the delegate of the Electoral Commission, can be satisfied that a political party does not have at least 1,500 members. Consideration of the Statement Under s 137(5) of the Electoral Act, the Electoral Commission shall consider the statement lodged under s 137(2) of the Electoral Act. However, s 137(5) of the Electoral Act stipulates that the Electoral Commission shall consider that statement and determine whether the political party should be deregistered for the reason set out in that notice. The reasons set out in the s 137 Notice issued to the Party was for failing to have at least 1,500 members in response to the s 138A Notice (s 137(1)(b) of the Electoral Act). Under s 137(6) of the Electoral Act, where the Electoral Commission determines that a political party should be deregistered, it shall: deregister the party; and give the last person who was registered officer of the party written notice of the deregistration, setting out its reasons for rejecting the reasons set out in the statement. Under s 137(6A) of the Electoral Act, if the Electoral Commission deregisters a party the Electoral Commissioner: must publish a notice of the deregistration on the AEC website; and may publish the notice in any other way that the Electoral Commissioner considers appropriate (under AEC policy a statement of reasons is published setting out the particulars of the deregistration and the basis for rejecting the reasons). s42s42s42s42 --- Page 6 --- As the delegate of the Electoral Commission the statement for your consideration is at OBJECT ID: A1369035, as well as the Additional Statement at OBJECT ID: A1386415. A summary of that statement can be provided by PEPRS if required. The membership list lodged with the Party’s statement contains 4,680 names (OBJECT ID: A1369039). Delegate’s decision The response received by the AEC from the Party in relation to the s 137 Notice issued meets the legislative requirements of s 137(2) of the Electoral Act because it: was received within 1 month after the date on which the notice was given; Is in writing; Is made by the Registered Officer of the Party; and Outlines reasons why the Party should not be deregistered. As per s 137(5) of the Electoral Act, you, as a delegate of the Electoral Commission, shall consider that statement and determine whether the political party should be deregistered for the reason set out in that notice. In this case, the reason is for failing to have at least 1,500 members (s 137(1)(b) of the Electoral Act). Once you have considered the Party’s response please advise, by return email, if you believe that VOTEFLUX.ORG | Upgrade Democracy! should be deregistered under s 137(1)(b) of the Electoral Act. In your reply email can you please provide statements as to why you made your decision? These statements will form part of a Statement of Reasons if the party is to be deregistered. This email, your and the statement from the Party will form part of a formal minute response, pending your determination of the eligibility review of the Party. Regards, | A/g Senior Project Officer Parliamentary Engagement and Party Registration Section | Disclosure, Assurance & Engagement Branch Australian Electoral Commission s47Fs47Fs47Fs42
This document is a March 2, 2022, email chain initiated by AEC Assistant Commissioner Joanne Reid. It details her decision, as a delegate, to instruct the re-testing of VOTEFLUX.ORG | Upgrade Democracy!'s membership list. VOTEFLUX.ORG submitted a new list of 4,680 names as part of their appeal against a potential deregistration notice (s 137), following a previously failed membership test in December 2021 where they did not meet the 1,500-member threshold. Reid directed that the top 1,650 names from the new list be tested in accordance with standard AEC methodology to verify their membership claims. The email chain also provides background on the party's prior non-compliance and the legislative framework for party registration review (ss 123, 137, 138A of the Electoral Act).
This document is highly relevant to the FOI request as it constitutes a direct communication from an AEC delegate (Assistant Commissioner Joanne Reid) concerning the evaluation of VOTEFLUX.ORG's membership validity claims in their appeal against deregistration. It specifically details the instruction to undertake the membership assessment, aligning with the FOI overview's description of a March 2, 2022, email chain where testing of the new membership list was instructed to verify claims after an earlier failed test.