Australian democracy - a user's guide

In the lead-up to the election, the then Opposition Leader Kevin Rudd spoke of the lack of transparency in government as a cancer "eating away at democracy". But what do we have to do to make this cancer go into remission? And how do we ensure that it doesn't return?

In the table below the CPD team lists some of the key problems facing our democracy - and outlines the current position of the incoming federal Labor government.

Problem

Labor response

Power concentrated in the executive, role of Parliament diminished

Acknowledges problem, but no specific policies.

Terrorism laws breach human rights unnecessarily

Supportive of status quo.

Government advertising budgets used for political advantage

Has promised to adopt the guidelines proposed by the Auditor-General in 1998 for campaigns over $250,000.

Power increasingly redistributed from the states and territories to the Commonwealth

Has pledged 'cooperative federalism' - still unclear what priciples will guide decision making should cooperation fail.

Those who speak out in the public interest against wrongdoing in their workplace (particularly public servants) are punished

Has promised whistleblower protection legislation.

ABC board stacked with Government-friendly appointees

New process for board appointment (Nolan rules), but could go further and allow election of community, staff, or consumer representatives.

Ambiguous sedition laws potentially criminalise legitimate speech

ALRC proposals to be implemented.

Public service politicised

Problem noted. Has promised to make ministerial staff accountable to parliamentary committees if they have exercised executive power. Have refrained from sacking departmental heads associated with the previous government.

Concentration of media ownership reduces diversity of voices and puts too much political power in the hands of a few proprietors

No specific response.

Party discipline over-emphasised, hampering representative’s power to put national interest or their electorate’s interest above party loyalty.

If anything Labor is less flexible than the Coalition on this point.

Government funding and restrictions on charitable status used to silence critics in civil society

Any formal requirement for recipients of government funding not to criticise the government will be removed.

Lack of ministerial accountability

Ministerial Code of Conduct released in December 2007 reaffirmed commitment to the principle of Ministerial Responsibility. However, made an election commitment that staffers would be accountable before parliamentary inquiries, which reduces the potential for Ministers to claim ignorance as a defence in cases like the AWB and 'children overboard' affairs.

Freedom of Information Act and processes expensive and obstructive

Has promised to implement the Recommendations of the 1996 ALRC Open Government Report

Lack of legislated protection for basic human rights

Has pledged to ‘consult’ on the possibility of a Human Rights Act.

Lack of disclosure of and limits to political donations

Pledged to bring the disclosure threshold back down to $1500, and ban foreign donations, but has not discussed limits. The proposal to only provide public funding for election expenses against verified receipts makes sense on the surface, but may have unintended consequences.

Electoral laws changed to make it harder to enroll

Has pledged to reverse the changes.

Common practice of retired politicians taking up lucrative consultancies and positions in their previous jurisdictions.

Has said that former ministers will be required to adhere to a twelve-month waiting period before they can take up employment in their most recent area of responsibility.

Government spending skewed to favour marginal seats

No response. In the lead up to the election, the Coalition outspent Labor in NSW and QLD, while Labor outspent the Coalition in WA. Many of Labor's new GP Super Clinics were announced in marginal seats.

Democracy reduced to voting once every three years – other avenues for participation in public decision making are superficial and favour vested interests, squeaky wheels, and the status quo

Has promised to ‘pursue new and innovative measures designed to foster greater participation’. Has announced a 'petitions committee' to receive and report on petitions - sponsorship by a member of parliament will no longer be required. Electronic petitions similar to those adopted by the UK government are being considered.

Abolition of ATSIC and replacement with a hand-picked advisory group

NIC has been abolished and Indigenous Affairs Minister Jenny Macklin has pledged to consult on the structure of its replacement.

Resources:

Democratic Audit of Australia
Democracy Watch, Australian Collaboration

If you have any suggestions for additions to this list, please post them in the comments below and we will try to keep the table updated over time.