Correspondence between Jacinta Allan and independent candidates reveals why a dispute over Victoria’s electoral laws is likely to head to the top court.
Inaction by Premier Jacinta Allan on a pledge to consider overhauling electoral laws is likely to trigger a High Court challenge by independent candidates who say the rules create an unconstitutional constraint on political communication.
“On this basis, a challenge to the Victorian law about nominated entities has good prospects of success.”The dispute centres on a carve-out from Victoria’s tightly capped campaign donation laws that allows the three major parties – the Liberals, the Nationals and the ALP – to access unlimited campaign funds from so-called “nominated entities” – trusts that control legacy assets such as property and shares.
The nominated entity of the National Party in Victoria, Pilliwinks Pty Ltd, supports the party’s political activities by providing financial loans. In its most recent annual return to the Australian Electoral Commission, Pilliwinks listed a $901,427 debt owed by it to the party. For more than 30 years the High Court has held that the Constitution provided an implied freedom of political communication.
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