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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 lists 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. |
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.
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Comments
Petitions committee
FYI, last month Labor announced a new petitions committee which will accept & act on petitions from the general public. They're considering a move to online petitions, and are removing a requirement that petitions be sponsored by an MP - see http://www.alp.org.au/media/0108/mslh110.php
Representative voice for Indigenous Australians
lost since the demise of ATSIC
Andrea Philipp
The risks of Government, and the People.
The ALP has always been painted as some sort of Lefty-commie-dictatorship party. This has never been true, ordinary Australians have never had to fear the Left, we just have too much to loose. What we have just witnessed is the real threat to this country, the Right. The Nazis have finally won the war.
If you care to examine Hitler's policies, particularly the workplace and "efficiencies" in the market, you will find them remarkably similar to the Neo-Cons in almost every respect. Terrorism was an added bonus for them. Like the Reichstag, the World Trade Centre proved an ideal excuse for the implementation of laws around the world that attacked basic civil liberties.
Are we surprised by Mr Rudd's lack of commitment here? No, because if he had said a word before or during the campaign, then no doubt Mr Howard would have bludgeoned the ALP with it. Now Mr Howard has gone, Mr Rudd is in the PMs office, he could turn it around, but that kind of power is too easily taken by government and far too hard to give up by government. The real drive to change those laws must come from the State Branches, from the Federal Electorate Committees, within the ALP, and from ordinary people. The PM and Federal Parliamentary Party will be unlikely to do it. However, there are a number of people from the Left, Julia Gillard, Penny Wong from Adelaide are two who spring to mind, that may take up the cudgels. If not, then I and many like me will.
In the end, it is about us maintaining our democracy, we cannot expect government to do it for us. They fear us, and have done since Hobbes wrote "Leviathan". For unlike Hobbes, government understood that people were waking to their power, and that government would, ultimately be the servant of people, not the other way round. We have forgotten this, or deliberately been sidetracked into forgetting it. Now maybe, we will again start to remember.
Colin Fraser
The best thing about meeting today's challenges is learning to deal with tomorrow's as well
Youth Forum
Thanks Daniel, I'd almost forgotten about the Youth Roundtable, not to mention AYPAC, a genuine peak body which was apparently replaced with the roundtable for being too outspoken. A hand-picked handful of young people told to do 'research' without resources was a poor substitute for the representative, independent organisation that went before it. I'd be interested to see the funding arrangements for the new Forum & what measures will be taken to give it some genuine freedom to speak out.
Australian Youth Forum
Other avenues for participation in public decision making could include the Australian Youth Forum.
It'll have a broader role than its predecessor, the Youth Roundtable.