FOI Request LEX3404, Schedule of Released Documents [PDF 112KB] (pdf)
Download cached file | Download from AEC--- Page 1 --- Request for: • The minutes of all meetings of The Commission that took place between March 2nd 2021 and October 19th 2022 (dates which span ~596 days). Doc No. Document description Exemption/s Decision on Access SCHEDULE OF RELEASED DOCUMENTS Endorsed minutes for Commission Meeting No. 272, held on 18 March 2021 47F Edited copy Endorsed minutes for Commission Meeting No. 273, held on 3 September 2021 42, 47F Edited copy Endorsed minutes for Commission Meeting No. 274, held on 6 October 2021 47F Edited copy Endorsed minutes for Commission Meeting No. 276, held on 17 November 2021 47F Edited copy Endorsed minutes for Commission Meeting No. 277, held on 8 February 2022 47F Edited copy --- Page 2 --- Doc No. Document description Exemption/s Decision on Access Endorsed minutes for Commission Meeting No. 278, held on 29 March 2022 47F Edited copy Endorsed minutes for Commission Meeting No. 279, held on 26 September 2022 47C, 47F Edited copy
This document is a "SCHEDULE OF RELEASED DOCUMENTS" responding to the FOI request. It lists seven sets of endorsed minutes from Australian Electoral Commission (AEC) meetings held between March 18, 2021, and September 26, 2022, all falling within the specified FOI request timeframe. The schedule indicates that all released minutes are "Edited copy" and cites specific exemptions (47F, 42, 47C) applied to the content.
This document is centrally relevant to the FOI request as it constitutes the official record of the material released. It directly confirms the outcome of the request, detailing precisely which of the requested AEC meeting minutes (seven sets of endorsed and edited copies) were provided, thereby fulfilling the core demand for these records.
LEX3404 documents [ZIP 1.0MB] (zip)
Download cached ZIP | Download from AECZIP Contents
- Document 1 - 272 Endorsed Minutes - 18 March 2021_Redacted.pdf (pdf)
- Document 2 - 273 Endorsed Minutes - 3 September 2021_Redacted.pdf (pdf)
- Document 3 - 274 Endorsed Minutes - 6 October 2021_Redacted.pdf (pdf)
- Document 4 - 276 Endorsed Minutes - 17 November 2021_Redacted.pdf (pdf)
- Document 5 - 277 Endorsed Minutes - 8 February 2022_Redacted.pdf (pdf)
- Document 6 - 278 Endorsed Minutes - 29 March 2022_Redacted.pdf (pdf)
- Document 7 - 279 Endorsed Minutes - 26 September 2022_Redacted.pdf (pdf)
Document 1 - 272 Endorsed Minutes - 18 March 2021_Redacted.pdf (pdf)
Download file--- Page 1 --- Minutes Australian Electoral Commission Meeting No. 272 Date: Thursday 18 March 2021 Time: 11:30am Location: Commissioner’s Boardroom, 10 Mort Street, Canberra, ACT Attendees: The Hon. Justice Susan Kenny AM (Chair); Mr Tom Rogers (Electoral Commissioner); Dr David Gruen (Australian Statistician) Ms Joanne Reid (Assistant Commissioner Disclosure, Assurance, and Engagement Branch) Mr Andrew Johnson (Chief Legal Officer) Action Officer: (Commission Secretariat) Agenda Item 1. Welcome and Commissioner’s introduction 2. For information: Membership testing and advice 3. For Decision: Application for review under s141 – Stop Selling Australia Party 4. Closing Agenda item 1: Welcome and Commissioner’s introduction The Chair opened the meeting at 11:40am. Mr Tom Rogers acknowledged the traditional owners of the land and welcomed the Commission members; the Hon. Justice Susan Kenny, and Dr David Gruen. The Commission members welcomed this meeting as the first opportunity for a face- to-face meeting since all three members were appointed to the Commission. section 47F --- Page 2 --- Agenda item 2: For information: Party membership process Ms Jo Reid provided background on party registration for federal elections. • The role of the AEC is to ensure that parties who apply for registration are compliant under the Commonwealth Electoral Act 1918 (the Electoral Act). • Part of Ms Reid’s role as the Assistant Commissioner of Disclosure, Assurance, and Engagement Branch, is to act as the delegate of the Electoral Commission for party registration matters under s126(3) of the Electoral Act. • Parties can either be parliamentary or non-parliamentary. Parliamentary parties must have one Member of Parliament to register. Non-parliamentary parties must provide evidence that they have at least 500 active members. • The AEC currently has 74 parties and state branches registered. Registered parties can have their party name on the ballot paper next to the name of the candidate. • Parties are not incorporated entities and are only accountable under the Electoral Act. Regardless of registration, all candidates for an election must lodge a financial return. • Ms Reid noted that decisions made by the delegate can be subject to further review by the Commission under s141 of the Electoral Act. Members discussed s129 of the Electoral Act and restrictions of party names, noting the previous decisions made by the AEC and the Commission. Ms Reid provided Commission Members an overview of the Australian Electoral Commission’s membership testing process. • The AEC uses statistical sampling to attain confidence that a party has at least 500 members. The methodology for this process was developed in March 2010, and reviewed and updated in 2011 and 2017. • To determine whether a political party meets the requirements of the Electoral Act relating to the number of members, the AEC will contact a random sample of 18 to 50 members where the sample size corresponds with the size of the list provided. A certain percentage of members must confirm their membership when contacted by the AEC. • Mr Rogers noted that the review of the methodology in 2017 pertained to whether non- responses are able to be considered as neither confirming nor denying membership. The advice received from the previous Australian Statistician, Mr David Kalisch, indicated that the original membership testing considered a non-response a denial. The approach taken by the AEC would not disadvantage the party, in fact considering non-responses as neither confirmations nor denials would be potentially advantageous for the party. • Based on the advice of the then Australian Statistician, Mr David Kalisch, the current methodology provides no less than a 90% confidence rate that a party has 500 members. • Ms Reid noted that the process has never been tested in a court. Commission members noted that the process could be tested by the Administrative Appeals Tribunal (AAT). Members discussed the process, noting the risk that the AAT would consider resourcing limitations a weak argument for the random sample approach. Members noted that a stronger argument would involve a high statistical confidence in the methodology, demonstrated attempts to avoid penalising applicants, and evidence that alternative methodologies have been investigated. Members agreed that further investigation of the membership testing methodology should be undertaken. Minutes: Australian Electoral Commission Meeting No. 272 Page 2 --- Page 3 --- Action Officer 272.1 The Australian Electoral Commission will engage with the Australian Tom Rogers Bureau of Statistics, regarding the membership testing methodology, to: 1. Obtain updated advice on the current methodology 2. Explore whether there is an alternative methodology that increases the statistical confidence without unduly affecting the resourcing of the Australian Electoral Commission Ms Jo Reid excused herself from the meeting. Agenda item 3: For Decision: Application for review under s141 – Stop Selling Australia Party Members discussed the application for review under s141 of the Electoral Act concerning the registration of the Stop Selling Australia Party, as outlined by the commission paper. Members noted the recommendation that the Commission affirms the delegate’s decision of 18 September 2020 to refuse the application to register the Party. Members noted that, as the membership list contains exactly eligible 500 members, a single denial from the testing of 18 members of the list results in a failure to meet the minimum required number of eligible members. . Members reflected the discussion and resultant action item 272.1 that had occurred under agenda item 2. The Commission reflected that the AEC made demonstrated and numerous attempts to remain in contact with the Party. On this basis, the Members agreed to affirm the delegate’s decision of 18 September 2020 to refuse the application to register the Party, and the additional information provided by the affected party under review pursuant to section 141(4) of the Electoral Act. Agenda item 4: Closing The Chair closed the meeting at 12:30pm. Minutes: Australian Electoral Commission Meeting No. 272 Page 3
Summary of Document and Relevance to FOI Request
This document comprises the minutes from Australian Electoral Commission (AEC) Meeting No. 272, held on March 18, 2021, falling within the FOI request's specified timeframe. The minutes detail key discussions and decisions central to the FOI's scope concerning political party registration and membership verification.
Key points from the document:
- Party Membership Testing Methodology: The Commission reviewed its existing statistical sampling methodology for verifying that non-parliamentary parties meet the then-current 500-member requirement. Discussion included the methodology's history (developed 2010, updated 2011, 2017), previous advice from former Australian Statistician Mr David Kalisch regarding non-responses, and potential risks of challenges to the methodology (e.g., by the Administrative Appeals Tribunal).
- Engagement with ABS for Methodology Review: A significant outcome was the decision (Action 272.1) to engage with the Australian Bureau of Statistics (ABS). The purpose was to obtain updated advice on the current membership testing methodology and to explore alternative methodologies that could increase statistical confidence without unduly affecting AEC resources. This directly addresses the FOI request's focus on "seeking Australian Bureau of Statistics (ABS) advice on membership testing" and the "evolving methodology for verifying party membership."
- Party Registration Decision: The Commission formally decided to affirm the delegate's refusal of registration for the "Stop Selling Australia Party." This decision, made under s141 of the Commonwealth Electoral Act 1918, was based on the party failing to meet the minimum 500 eligible member requirement during testing, demonstrating the practical application of membership rules and the Commission's decision-making on party registration.
Relevance to FOI Request:
This document is highly relevant as it is an endorsed set of minutes from an AEC meeting within the specified period. It directly addresses the FOI's core themes by detailing the Commission's discussions and decisions regarding:
- The evolving methodology for verifying party membership, specifically initiating engagement with the ABS to review and potentially enhance the statistical confidence of the testing process.
- A specific ruling on a political party's registration ("Stop Selling Australia Party"), including the application of membership verification rules.
- General discussions on party registration processes and name restrictions, underscoring the Commission's oversight role.
Document 2 - 273 Endorsed Minutes - 3 September 2021_Redacted.pdf (pdf)
Download file--- Page 1 --- Minutes Australian Electoral Commission Meeting No. 273 Date: Friday 3 September 2021 Time: 10:00am Location: Microsoft Teams Attendees: The Hon. Justice Susan Kenny AM (Chair); Mr Tom Rogers (Electoral Commissioner); Dr David Gruen (Australian Statistician) Action Officer: (Commission Secretariat) Agenda Item 1. Welcome 2. Party Registration – overview of process 3. Commission paper – 4. Closing Agenda item 1: Welcome and Commissioner’s introduction The Chair opened the meeting at 10:00am. Mr Tom Rogers acknowledged the traditional owners of the land and welcomed the three-person Australian Electoral Commission (the Commission) members; the Hon. Justice Susan Kenny, and Dr David Gruen. section 47F --- Page 2 --- Agenda item 2: For discussion: Membership testing process and approach Mr Rogers provided an update on amendments to the Commonwealth Electoral Act 1918 (the Electoral Act). The amendments require a change to the membership testing methodology used by the AEC. This change to the methodology due to an increase of the minimum number of members for a party to register as a non-parliamentary party. Mr Rogers noted that any changes will require consideration and a decision from the Commission. The current membership testing process was endorsed by the Commission on 20 March 2017, and was most recently discussed by the Commission following the briefing by Dr David Gruen and staff from the ABS on 11 June 2021. Mr Rogers noted that it was likely that there will be 35 federally registered non-Parliamentary parties that will require a review, along with any further parties that may apply for registration. Mr Rogers referred to meeting paper 2. Commission agenda item - party registration membership testing and summarised the five approaches for the consideration of the Commission. The Chair noted the significant administrative burden that Option Three may have if the AEC was to email more than 1,500 people in each party. The Chair also noted that the introduction of the Bill would indicate that there is a desire to maintain a high level of scrutiny. Options Four and Five would reduce that level of scrutiny, and thus, would not align with the intent of the legislation. Dr Gruen noted a point raised in an application for review; non-responses could theoretically bring the number of members relied upon for a membership list under the minimum required number to be registered as a non-parliamentary political party. Dr Gruen raised that if an external provider has the resources at hand there may not be a continued need for a sampling methodology. The Chair agreed. Mr Rogers noted that there is a need to continue to uphold the security and integrity of the electoral roll. Mr Rogers noted the intermediate option to investigate the possibility of utilising another government department to conduct the membership testing. Mr Rogers noted that two elements to address would be cost and the capacity of the other organisation to undertake the testing. Commission decision: Investigate Option 2 from the meeting paper 2. Commission agenda item - party registration membership testing before a further decision is made. Minutes: Australian Electoral Commission Meeting No. 273 Page 2 --- Page 3 --- Agenda item 3: For information: Update on current matters before the Commission Mr Rogers provided an update on current matters that are not yet ready for decision by the Commission. Mr Rogers noted that at this point there are three live applications for review underway. All three applications are party registration decisions that have been submitted under s141 of the Electoral Act. Small Business Party The Small Business Party (SBP) was deregistered by the delegate on 23 August 2021. The original decision was based on a failure to meet the required number of members. An application for review was made by the Registered Officer of the party, , on 27 August 2021. No membership list has been provided yet; the deadline for further information is 30 September. The Seniors United Party of Australia The Seniors United Party of Australia (SUPA) was deregistered by the delegate on 9 March 2021. The original decision was based on a failure to meet the required number of members. An application for review was submitted by a member of SUPA, March 2021. membership list. has provided information appealing the decision, but not a on 21 A request for an updated membership list was sent to SUPA on 7 July 2021. The Party have made several requests for extra time. The current deadline for the provision of any additional information is 25 September 2021. The party has indicated that the continued lockdown in NSW may result in further requests for an extension of time. The party has been made aware that, as the party is currently not registered, there is a risk that SUPA will not be registered when an election is called. Commission members discussed the two applications for review and decided that correspondence should be provided to SBP and SUPA, regarding the impact of the amendments to the Electoral Act. Decision: Provide the Small Business Party and the Seniors Uniter Party of Australia with awareness that the legislation will change the minimum number of members required to form a parliamentary party. Minutes: Australian Electoral Commission Meeting No. 273 Page 3 section 47Fsection 47Fsection 47Fsection 42section 42 --- Page 4 --- The New Liberals Mr Rogers raised that as part of the application for review, the leader of The New Liberals, Mr Victor Kline, has requested that the Electoral Commissioner recuse themselves from the review. Mr Rogers indicated that he sees no basis to recuse himself from the review, with the Chair and Dr Gruen agreed. The New Liberals were registered as a non-parliamentary party on 3 June 2021. Mr Andrew Hirst of the Liberal Party of Australia lodged an application for review under s141 in regards to this decision. The issues raised by the application of : • The name ‘The New Liberals’ is too similar to the name ‘Liberal Party of Australia’ (s129 (1)(d) and (da) of the Electoral Act) • The New Liberals are not able to meet the membership requirements due to non- contacts. (s126 (2)(ca) of the Electoral Act) The New Liberals were advised of an application for review and provided a redacted version of the objection. Mr Kline submitted further material for the consideration of the commission Mr Kline has indicated publically that the party will lodge an application to change their name. The name change is not yet publically available on the Australian Electoral Commission website0 The Commission agreed that further action should be undertaken when the name change is published on the Australian Electoral Commission website. The Commission further agreed to review the legal advice received on this issue and discuss at a future meeting, noting that the Commission undertake a de novo review of this matter under s141 of the Electoral Act. Agenda item 4: Closing The Chair thanked members for attending and closed the meeting at 11:30am. Minutes: Australian Electoral Commission Meeting No. 273 Page 4
Summary of AEC Meeting No. 273 (3 September 2021) and Relevance to FOI Request
This document details Australian Electoral Commission (AEC) Meeting No. 273, held on September 3, 2021, falling within the specified timeframe of the FOI request (March 2, 2021, to October 19, 2022).
Key discussions and decisions directly relevant to the FOI request include:
- Membership Verification Methodology: The meeting focused heavily on the evolving methodology for verifying political party membership. It addressed amendments to the Commonwealth Electoral Act 1918, which increased the minimum member requirement for non-parliamentary parties. Discussions included the administrative burden of different testing approaches and the Commission's decision to "Investigate Option 2" for membership testing. Dr. David Gruen (Australian Statistician) was in attendance, reflecting the FOI request's mention of seeking Australian Bureau of Statistics (ABS) advice on membership testing.
- Party Deregistration and Review Applications:
- Small Business Party (SBP): An update was provided on SBP's deregistration due to failing to meet membership requirements, and the subsequent application for review.
- Seniors United Party of Australia (SUPA): The Commission discussed SUPA's deregistration (March 9, 2021) for failing to meet membership requirements and the ongoing application for review. This party is specifically named in the FOI request overview. A decision was made to inform both SBP and SUPA about the impending legislative changes to minimum membership numbers.
- Party Name Changes and Disputes:
- The New Liberals: The meeting addressed an application for review lodged by the Liberal Party of Australia regarding the registration of "The New Liberals" on grounds of name similarity and membership requirements. This party is explicitly mentioned in the FOI request overview concerning specific rulings on party names. The Commission agreed to review legal advice and conduct a de novo review, noting that the party had indicated plans to change its name.
This document directly supports the FOI request by providing minutes detailing the Commission's discussions and decisions on political party registration, deregistration, name changes, and the evolving methodology for membership verification in response to legislative amendments increasing member requirements, including specific mentions of "Seniors United Party of Australia" and "The New Liberals," and the involvement of the Australian Statistician.
Document 3 - 274 Endorsed Minutes - 6 October 2021_Redacted.pdf (pdf)
Download file--- Page 1 --- Minutes Australian Electoral Commission Meeting No. 274 Date: Wednesday 6 October 2021 Time: 4:00pm Location: Microsoft Teams Attendees: The Hon. Justice Susan Kenny AM (Chair); Mr Tom Rogers (Electoral Commissioner); Dr David Gruen (Australian Statistician) Mr Anders Holmberg (Chief Methodology) Action Officer: (Commission Secretariat) Agenda Item 1. Welcome 2. For decision: Membership testing process and approach Paper – Party registration - ABS advice for membership testing lists for 'at least 1,500 members' 3. For decision: Manner and timing of non-parliamentary political party register review Paper – Political Party Registration - Manner and timing of Register review 4. Closing Agenda item 1: Welcome and Commissioner’s introduction The Chair opened the meeting at 4:00pm. The meeting commenced with the three-person Australian Electoral Commission (the Commission) members; the Hon. Justice Susan Kenny, Mr Tom Rogers, and Dr David Gruen, and Mr Anders Homberg, Chief Methodologist of the Australian Bureau Statistics (ABS), as a guest for Item 2. Mr Rogers provided an update to the Commission on administrative matters concerning the Australian Electoral Commission (AEC). section 47F --- Page 2 --- Agenda item 2: For decision: Membership testing process and approach In response to recent amendments to the Commonwealth Electoral Act 1918 (the Electoral Act) by the Electoral Legislation Amendment (Party Registration Integrity) Act 2021 (the Party Registration Act), the Commission discussed proposed sample sizes for registered non-Parliamentary political party membership list testing as outlined in the paper entitled ‘Party registration – ABS advice for membership testing lists for 'at least 1,500 members'. The proposed methodology, which examined sample sizes derived from data provided by the ABS, is based on the current method with updated sample sizes. The Commission endorsed the methodology of the proposed approach but requested additional statistical advice from the ABS regarding the percentage chances of incorrectly rejecting or accepting membership lists. Commission decision: • Agree that ABS staff will recalibrate the parameters in the data provided to the Commission to ensure a reasonable (low) probability of rejecting a valid list or accepting an invalid list. The Commission will examine the re-worked parameters out- of-session. • Agree that the Commission endorses the current general approach, noting that the methodology is an extension of the existing methodology. Agenda item 3: For decision: Manner and timing of non-parliamentary political party register review In response to the recent amendments to the Electoral Act by the Party Registration Act, the Commission examined administrative processes for the AEC to ensure registered non- Parliamentary parties meet new membership eligibility requirements within the three-month period provided by the Party Registration Act. The Commission endorsed a review of the registered non-Parliamentary parties under section 138A of the Electoral Act, with subsequent action to be taken under section s137 of the Electoral Act if appropriate. Decision: • Agree that the Commission will, for the purpose of reviewing the Register, provide a notice under s 138A of the Electoral Act to each registered non-Parliamentary party to request specified information to establish that the party meets the 1,500 membership eligibility requirement as at 2 December 2021. Agenda item 4: Closing The Chair thanked members for attending and closed the meeting at 5:10pm. Minutes: Australian Electoral Commission Meeting No. 274 Page 2
Summary of Document: Australian Electoral Commission Meeting No. 274 (6 October 2021)
These minutes detail decisions made by the Australian Electoral Commission (AEC) following the enactment of the Electoral Legislation Amendment (Party Registration Integrity) Act 2021, which increased the minimum membership requirement for political parties to 1,500. Key discussions involved:
- Membership Testing Methodology: The Commission, with input from the Australian Bureau of Statistics (ABS), discussed and endorsed a proposed methodology for testing membership lists of non-parliamentary parties, an extension of the existing approach. They requested additional statistical advice from the ABS to refine parameters, ensuring a low probability of incorrectly accepting invalid or rejecting valid membership lists.
- Political Party Register Review: The Commission decided to initiate a review of the register of non-parliamentary parties. This involved providing notices under section 138A of the Electoral Act to each party, requiring them to provide information by December 2, 2021, to demonstrate they meet the new 1,500 membership eligibility requirement.
Relevance to FOI Request:
This document is highly relevant to the FOI request as it directly addresses key areas specified:
- Evolving Methodology for Membership Verification: It details the AEC's immediate response to the legislative amendments, specifically outlining the proposed and endorsed methodology for verifying the increased 1,500-member requirement.
- ABS Advice on Membership Testing: The minutes explicitly show the AEC seeking and receiving advice from the ABS regarding statistical parameters for membership testing, which is a core component mentioned in the FOI request overview.
- Party Registration/Deregistration Processes: The decision to conduct a comprehensive review of the non-parliamentary party register, requiring parties to prove their 1,500-member eligibility, directly pertains to the AEC's processes for maintaining party registration and potential deregistration if requirements are not met.
- Legislative Amendments: The entire meeting's focus is a direct consequence of the Electoral Legislation Amendment (Party Registration Integrity) Act 2021, which is central to the FOI request's context.
Document 4 - 276 Endorsed Minutes - 17 November 2021_Redacted.pdf (pdf)
Download file--- Page 1 --- Minutes Australian Electoral Commission Meeting No. 276 Date: Wednesday 17 November 2021 Time: 4:00pm Location: Microsoft Teams Attendees: The Hon. Justice Susan Kenny AM (Chairperson); Mr Tom Rogers (Electoral Commissioner); Dr David Gruen (Australian Statistician) Action Officer: (Commission Secretariat) Agenda Item 1. Welcome 2. For decision: Seniors United Party of Australia 3. For decision: The New Liberals 4. Closing Agenda item 1: Welcome and Commissioner’s introduction The meeting opened at 4:00pm with the three-person Australian Electoral Commission (the Commission) in attendance; the Hon. Justice Susan Kenny, Mr Tom Rogers, and Dr David Gruen. section 47F --- Page 2 --- Agenda item 2: For decision: Seniors United Party of Australia In relation to the application for review regarding the deregistration of the Seniors United Party of Australia, the Commission examined and discussed the material before it, including the results of the assessment of the revised membership list submitted by the Party on 23 September 2021. The Commission decided: • To set aside the decision of the delegate made under s 137(6) of the Commonwealth Electoral Act 1918 (Cth) on 9 March 2021 to deregister the Seniors United Party of Australia; and • To substitute a decision to take all such steps as are necessary to give effect to its decision, including to maintain the registration of the Seniors United Party of Australia by re-registering that Party. Agenda item 3: For decision: The New Liberals The Electoral Commissioner noted that The New Liberals sought his recusal from the review of the delegate’s decision to register The New Liberals “on the basis of reasonable apprehension of bias”, for the reasons stated in a document dated 5 July 2021. The Electoral Commissioner advised that he had no “material personal interest” within s 29 of the Public Governance, Performance and Accountability Act 2013; no “direct or indirect pecuniary interest” within s 11 of the Commonwealth Electoral Act 1918; and that there was no basis for a reasonable apprehension of bias on his part. Having considered the matters raised by The New Liberals, the other members of the Commission agreed that there was no basis shown for the Electoral Commissioner to withdraw from the review. In relation to the applications for review, the Commission examined and discussed the material before it, including the material provided by the Liberal Party of Australia, the National Party of Australia and The New Liberals, and the material before the delegate in making the decision under review. The Commission was satisfied that an assessment of the membership list submitted by The New Liberals showed that The New Liberals has at least 500 members, and that the assessment was made in conformity with the sampling methodology endorsed by the Commission. The Commission concluded, however, that the name “The New Liberals” so nearly resembles the name, “Liberal Party of Australia” and/or the abbreviation “Liberal” that it is likely to be confused with or mistaken for that name or that abbreviation, as the case may be. Accordingly, the application for registration by The New Liberals must be refused pursuant to s 129(1)(d) of the Commonwealth Electoral Act 1918. The Commission decided: • To set aside the decision of the delegate made on 3 June 2021 to register The New Liberals (the Party) under Part XI of the Commonwealth Electoral Act 1918 (the Act); and • To substitute a decision to refuse the application to register the Party as a political party under Part XI of the Act; • To take all such steps as are necessary to give effect to the Commission’s decision, including to remove the Party from the Register of Political Parties maintained under s 125 of the Act. Minutes: Australian Electoral Commission Meeting No. 276 Page 2 --- Page 3 --- Agenda item 4: Closing The Chairperson thanked members for attending and closed the meeting at 5:00pm. Minutes: Australian Electoral Commission Meeting No. 276 Page 3
Document Summary
Minutes from Australian Electoral Commission Meeting No. 276, held on November 17, 2021, detail decisions regarding political party status. The Commission decided to set aside the delegate's decision to deregister the Seniors United Party of Australia, re-registering the party instead. It also considered the application for registration from The New Liberals, confirming the party met the 500-member requirement based on endorsed methodology. However, the Commission ruled that the name "The New Liberals" too closely resembled "Liberal Party of Australia" and/or "Liberal," setting aside the delegate's decision to register the party and instead refusing its application for registration.
Relevance to FOI Request
This document is highly relevant to the FOI request as it falls within the specified date range (March 2, 2021, to October 19, 2022). It directly addresses key aspects outlined in the request overview, including:
* Political party registration and deregistration decisions: The minute details decisions on both re-registration (Seniors United Party of Australia) and refusal of registration (The New Liberals).
* Specific rulings on party names: Explicitly covers the case of "The New Liberals" and the reasoning for its rejection based on name resemblance.
* Evolving methodology for verifying party membership: While the 1,500-member threshold was not applied, the document confirms that The New Liberals' 500 members were assessed "in conformity with the sampling methodology endorsed by the Commission," highlighting the ongoing development and application of membership verification processes.
* Specific party names: Directly mentions "Seniors United Party of Australia" and "The New Liberals" as highlighted in the request overview.
Document 5 - 277 Endorsed Minutes - 8 February 2022_Redacted.pdf (pdf)
Download file--- Page 1 --- Minutes Australian Electoral Commission Meeting No. 277 Date: Friday 4 February 2022 Time: 2:00pm Location: Microsoft Teams Attendees: The Hon. Justice Susan Kenny AM (Chairperson); Mr Tom Rogers (Electoral Commissioner); Dr David Gruen (Australian Statistician) Action Officer: (AEC Legal Services Section) Agenda Item Welcome 1. For decision: Liberal Democratic Party – s 134A objection Item 1a. Draft Notice of Decision 2. For decision: Democratic Labour Party – s 134A objection and request for extension Item 2a. Draft Notice of Decision 3. For decision: Dr Gregory – United Australia Party – internal review and standing Item 3a. Draft Notice of Decision Closing Welcome and Commissioner’s introduction The meeting opened at 2:07pm with the three-person Australian Electoral Commission (the Commission) in attendance; the Hon. Justice Susan Kenny, Mr Tom Rogers, and Dr David Gruen. section 47F --- Page 2 --- Agenda item 1: For decision: Liberal Democratic Party – s 134A Objection The Commission examined and discussed the material before it in relation to the application for review brought by the Liberal Democratic Party of the delegate’s decision of 23 November 2021 to uphold the objection under s 134A to the continued use of the name ‘Liberal Democratic Party’ and the abbreviation ‘Liberal Democrats’. The Commission decided: • To affirm the delegate’s decision of 23 November 2021 pursuant to s 141(4)(a) of the Commonwealth Electoral Act 1918 (Electoral Act). Agenda item 2: For decision: Democratic Labour Party – s 134A objection and request for extension The Commission examined and discussed the material before it in relation to the Democratic Labour Party’s requests: 1. To grant an extension for the Democratic Labour Party to submit a review of the delegate’s decision of 19 November 2021. 2. Should the Commission grant the extension, to review the delegate’s decision of 19 November 2021 to uphold the objection to the party’s continued use of the name ‘Democratic Labour Party’ and the abbreviation ‘Labour DLP’. The Commission decided: • To grant the Democratic Labour Party’s request for an extension of time. • To affirm the delegate’s decision of 19 November 2021 pursuant to s 141(4)(a) of the Electoral Act. Agenda item 3: For decision: Dr Gregory – United Australia Party – internal review and standing The Commission examined and discussed the material before it in relation to the application for review brought by grant the application from Clive Palmer’s United Australia Party under s 134(1) of the Electoral Act, to change the party name and abbreviation to the ‘United Australia Party’ and ‘UAP’ respectively. of the delegate’s decision dated 11 August 2021 to The Commission decided: • To affirm the delegate’s decision of 11 August 2021 pursuant to section 141(4)(a) of the Electoral Act. Closing The Chairperson thanked members for attending and closed the meeting at 2:29pm. Minutes: Australian Electoral Commission Meeting No. 277 Page 2 section 47F
Summary of AEC Meeting No. 277 Minutes (February 4, 2022)
This document contains the endorsed minutes from Australian Electoral Commission (AEC) Meeting No. 277, held on February 4, 2022. The meeting was attended by the Hon. Justice Susan Kenny AM (Chairperson), Mr Tom Rogers (Electoral Commissioner), and Dr David Gruen (Australian Statistician).
The primary agenda items and decisions focused on objections and internal reviews related to political party names and abbreviations under the Commonwealth Electoral Act 1918. Key decisions included:
* Liberal Democratic Party: The Commission affirmed a delegate's decision to uphold an objection under s 134A regarding the continued use of the name 'Liberal Democratic Party' and abbreviation 'Liberal Democrats'.
* Democratic Labour Party: The Commission granted an extension of time for a review and subsequently affirmed a delegate's decision to uphold an objection under s 134A regarding the continued use of the name 'Democratic Labour Party' and abbreviation 'Labour DLP'.
* United Australia Party: The Commission affirmed a delegate's decision to grant Clive Palmer's United Australia Party's application to change its name and abbreviation to 'United Australia Party' and 'UAP' respectively, following an internal review initiated by Dr Gregory.
Relevance to the FOI Request
This document is directly relevant to the FOI request as it falls within the specified timeframe (March 2, 2021, to October 19, 2022). It specifically details the Commission's decisions and discussions concerning political party name changes, registrations, and objections, which is a core theme of the FOI request. The minutes provide concrete examples of the AEC's regulatory actions regarding party names, including the "Liberal Democratic Party" and "United Australia Party," aligning with the FOI overview's mention of key discussions and specific rulings on party names and abbreviations. It illustrates the Commission's role in adjudicating disputes and reviews related to party identification.
Document 6 - 278 Endorsed Minutes - 29 March 2022_Redacted.pdf (pdf)
Download file--- Page 1 --- Minutes Australian Electoral Commission Meeting No. 278 Date: Tuesday 29 March 2022 Time: 2:00pm Location: Microsoft Teams Attendees: The Hon. Justice Susan Kenny AM (Chairperson); Mr Tom Rogers (Electoral Commissioner); Dr David Gruen (Australian Statistician) Action Officer: (Commission Secretariat) Agenda Item Welcome 1. For decision: Review of the delegate’s decision to deregister the ‘Australian People’s Party’ Closing Welcome The meeting opened at 2:00pm with the three-person Australian Electoral Commission (the Commission) in attendance; the Hon. Justice Susan Kenny AM, Mr Tom Rogers, and Dr David Gruen. section 47F --- Page 2 --- Agenda item 1: For Decision: Review of the delegate’s decision to deregister the ‘Australian People’s Party’ The Commission examined and discussed the material before it in relation to the application for review brought by the ‘Australian People’s Party’ of the delegate’s decision of 3 November 2021 to deregister the Australian People’s Party under s 137(6) of the Commonwealth Electoral Act 1918 (Electoral Act). The application for review was made under s 141(2) of the Electoral Act. The Commission is satisfied on reasonable grounds that the Australian People’s Party is a non-Parliamentary party that does not have at least 1,500 members. The Commission therefore upholds the deregistration of the Australian People’s Party under s 137(6) of the Electoral Act and affirms the decision on review. The Commission decided: • To affirm the delegate’s decision of 3 November 2021 pursuant to section 141(4) of the Electoral Act. Closing The Chairperson thanked members for attending and closed the meeting at 2:18pm. Minutes: Australian Electoral Commission Meeting No. 278 Page 2
Summary of Document: Australian Electoral Commission Meeting No. 278 Minutes (29 March 2022)
This document contains the minutes from Australian Electoral Commission Meeting No. 278, held on March 29, 2022, attended by the Chairperson, Electoral Commissioner, and Australian Statistician. The sole substantive agenda item was a review of the delegate’s decision to deregister the ‘Australian People’s Party’. The Commission upheld the deregistration, affirming the delegate's decision of November 3, 2021, under section 137(6) of the Commonwealth Electoral Act 1918. The basis for the deregistration was the Commission's satisfaction that the party did not have at least 1,500 members.
Relevance to FOI Request:
This document is directly relevant to the FOI request as it falls within the specified date range (March 2, 2021, to October 19, 2022) for AEC meeting minutes. It details a specific Commission decision concerning political party deregistration, which is a core subject of the request. Furthermore, the decision explicitly references the party's failure to meet the 1,500-member requirement, directly illustrating the Commission's implementation of the legislative amendments increasing minimum membership thresholds, a key focus highlighted in the FOI request overview, and specifically names the "Australian People's Party" as a subject of deregistration discussions.
Document 7 - 279 Endorsed Minutes - 26 September 2022_Redacted.pdf (pdf)
Download file--- Page 1 --- Minutes Australian Electoral Commission Meeting No. 279 Date: Monday 26 September 2022 Time: 10:00am Location: Lvl 10 Conference Room, 305 William Street, Melbourne Victoria 3000; Microsoft Teams Attendees: The Hon. Justice Susan Kenny AM (Chair) Mr. Tom Rogers (Electoral Commissioner) Dr. David Gruen AO (Australian Statistician) (by Microsoft Teams) (Commission Secretariat) Action officers: Agenda No. Description Welcome 1 For decision: VOTEFLUX.ORG | Upgrade Democracy! – internal review (deregistration) 2 3 Item 1a. Commission Paper Item 1b. Draft Notice of Decision For discussion: For decision: Australian Federation Party – internal review (logo change decision) Item 3a. Commission Paper Item 3b. Draft Notice of Decision Closing Welcome and Commissioner’s introduction The meeting opened at approximately 10:00am with the three-person Australian Electoral Commission (the Commission) in attendance. The Hon. Justice Susan Kenny AM and Mr Tom Rogers attended in person and Dr David Gruen AO joined via Microsoft Teams. The Commission decided that agenda item 3 would be addressed before agenda item 2. section 47Fsection 47C --- Page 2 --- Agenda items – in order of discussion Agenda item 1: For decision: VOTEFLUX.ORG | Upgrade Democracy! – internal review (deregistration) The Commission examined and discussed the material before it in relation to the three applications for review brought by of the delegate’s decision of 24 March 2022 to deregister the VOTEFLUX.ORG | Upgrade Democracy! party. The Commission decided: • To affirm the delegate’s decision of 24 March 2022 pursuant to s 141(4)(a) of the Commonwealth Electoral Act 1918 (Electoral Act). Agenda item 3: For decision: Australian Federation Party – internal review (logo change decision) The Commission examined and discussed the material before it in relation to the application for review brought by made by the Australian Federation Party to change its logo on the Register of Political Parties to the logo set out in the Party’s application. of the delegate’s decision of 11 March 2022 to grant the application The Commission decided: • To affirm the delegate’s decision of 11 March 2022 pursuant to s 141(4)(a) of the Commonwealth Electoral Act 1918 (Electoral Act). Agenda item 2: For discussion: Closing The Chair thanked members for attending and closed the meeting at 11:00am. Minutes: Australian Electoral Commission Meeting No. 279 Page 2 section 47Csection 47Fsection 47F
Document Summary
This document comprises the minutes for Australian Electoral Commission Meeting No. 279, held on September 26, 2022. Attendees included Justice Susan Kenny AM (Chair), Mr. Tom Rogers (Electoral Commissioner), and Dr. David Gruen AO (Australian Statistician). The Commission made two key decisions: affirming the delegate's decision to deregister the VOTEFLUX.ORG | Upgrade Democracy! party, and affirming the delegate's decision to approve the Australian Federation Party's logo change application. One agenda item for discussion remains redacted.
Relevance to FOI Request
This document is directly relevant to the FOI request as it falls within the specified timeframe (March 2, 2021, to October 19, 2022) and details Commission decisions pertinent to political party deregistration (VOTEFLUX.ORG | Upgrade Democracy!) and changes to party registration details (Australian Federation Party logo). The presence of the Australian Statistician and a redacted "For discussion" item aligns with the FOI request's interest in the evolving methodology for verifying party membership and seeking ABS advice, although the specific content of this item is withheld.