This blog is open to any who wish to comment on Australian society, the state of the environment or political shenanigans at Federal, State and Local Government level.
Despite the legislation concerning national referenda being clear (as evidenced by the above interview with Antony Green), misinformation and at times deliberate disinformation is to be found in both mainstream and social media concerning the proposed 2023 Aboriginal and Torres Strait Islander Voice to Parliament referendum.
The level of factual inaccuracy has become a matter of concern.....
Australian
voters are rightly proud of their electoral system – one of the
most transparent and robust voting systems in the world. As a
result, there is an intense, and highly appropriate level of public
interest in all aspects of that system, and associated commentary
online and in mainstream media. Sometimes this commentary is
immediate and based on emotion rather than the reality of the law
which the AEC must administer.
There
has been intense commentary online and in mainstream media regarding
what will and will not be a formal vote for the 2023 referendum;
specifically around whether or not a ‘tick’ or a ‘cross’ will
be able to be counted. Much of that commentary is factually incorrect
and ignores:
the
law surrounding ‘savings provisions’,
the
longstanding legal advice regarding the use of ticks and crosses,
and
the
decades-long and multi-referendum history of the application of that
law and advice.
The
AEC completely and utterly rejects the suggestions by some that by
transparently following the established, public and known legislative
requirements we are undermining the impartiality and fairness of the
referendum.
As
has been the case at every electoral event, the AEC remains totally
focussed on electoral integrity. Indeed, electoral integrity is a
central part of the AEC’s published values; underpinned by, and
supported through, complete adherence to all relevant laws and
regulations.
How
to cast a formal vote
The
formal voting instructions for the referendum are to clearly write
either ‘yes’ or ‘no’, in full, in English.
It
is that easy: given the simplicity, the AEC expects the vast, vast
majority of Australian voters to follow those instructions and cast a
formal vote.
Previous
levels of formality
It
is important to keep scale, or a lack of it in this instance, and
precedent in mind when discussing this matter.
More
than 99% of votes cast at the 1999 federal referendum were formal.
Even of the 0.86% of informal votes, many would have had no relevance
to the use of ticks or crosses.
AEC
communication
Instructions
for casting a formal vote – to write either yes or no in full, in
English, will be:
This
is why the level of formal voting at previous referendums has been so
high and why the AEC expects the vast, vast majority of voters to
follow those instructions.
The
law
Like
an election, the Referendum (Machinery Provisions) Act 1984 includes
‘savings provisions’ - the ability to count a vote where the
instructions have not been followed but the voter’s intention is
clear.
The
AEC cannot ignore the law and cannot ignore savings provisions.
The
law regarding formality in a referendum is long-standing and
unchanged through many governments, Parliaments, and multiple
referendums. Legal advice from the Australian Government Solicitor,
provided on multiple occasions during the previous three decades,
regarding the application of savings provisions to ‘ticks’ and
’crosses’ has been consistent – for decades.
This
is not new, nor a new AEC determination of any kind for the 2023
referendum. The law regarding savings provisions and the principle
around a voter’s intent has been in place for at least 30 years and
6 referendum questions.
The
longstanding legal advice provides that a cross can be open to
interpretation as to whether it denotes approval or disapproval: many
people use it daily to indicate approval in checkboxes on forms. The
legal advice provides that for a single referendum question, a clear
‘tick’ should be counted as formal and a ‘cross’ should not.
Voters
in the upcoming voice to parliament referendum are being urged to
write “yes” or “no” on referendum ballot papers – and being
warned that if they use a cross, their vote may not be counted.
The
well-established and longstanding rule which will mean ticks are
likely allowed but votes that use crosses are likely excluded has
prompted criticism from the opposition leader, Peter Dutton, the
former prime minister Tony Abbott and the no campaign, which claims
the requirement will “stack the deck” against them.
The
rule has been on the books, without controversy, for 30 years and six
referendum questions, and when asked about ticks and crosses on
Thursday, an Australian Electoral Commission spokesperson simply
said: “Please don’t use them.”….
Fair
Australia tweeted: “Looks like just another attempt to stack the
deck against ‘no’ voting Australians.”
Abbott
claimed on 2GB that “there’s a suspicion that officialdom is
trying to make it easier for one side … This is the worry all along
that there is a lot of official bias in this whole referendum
process.”
Dutton,
also speaking on 2GB, called it “completely outrageous” and
claimed the situation “gives a very, very strong advantage to the
‘yes’ case”. The opposition leader said he would ask the
government to draft legislation to change the rule.
The
Coalition opposition did not propose amending this rule during debate
on the Referendum (Machinery Provisions) Act earlier this year, and
supported the government’s legislation....
The
Sydney Morning Herald,
25
August 2023, excerpt:
North Coast Voices no longer allows the Facebook Button sited at the end of each blog post to activate when it is clicked on by a reader.
This button has been deactivated because it has become clear that Facebook Inc. is not now and has never been a corporation genuinely committed to principles of digital privacy and security of Internet users' personal information and other associated data.
Unfortunately, because Blogger installs this button as part of a set, Gmail, Blog This!, Twitter, Pin Interest and Google + have also been deactivated and, we apologise to readers who may use these features.
The Universal Declaration of Human Rights Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
[Adopted and proclaimed by United Nations General Assembly resolution 217 A (III) of 10 December 1948]
Hi! My name is Boy. I'm a male bi-coloured tabby cat. Ever since I discovered that Malcolm Turnbull's dogs were allowed to blog, I have been pestering Clarencegirl to allow me a small space on North Coast Voices.
A false flag musing: I have noticed one particular voice on Facebook which is Pollyanna-positive on the subject of the Port of Yamba becoming a designated cruise ship destination. What this gentleman doesn’t disclose is that, as a principal of Middle Star Pty Ltd, he could be thought to have a potential pecuniary interest due to the fact that this corporation (which has had an office in Grafton since 2012) provides consultancy services and tourismbusiness development services.
A religion & local government musing: On 11 October 2017 Clarence Valley Council has the Church of Jesus Christ Development Fund Inc in Sutherland Local Court No. 6 for a small claims hearing. It would appear that there may be a little issue in rendering unto Caesar. On 19 September 2017 an ordained minister of a religion (which was named by the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to 40 instances of historical child sexual abuse on the NSW North Coast) read the Opening Prayer at Council’s ordinary monthly meeting. Earlier in the year an ordained minister (from a church network alleged to have supported an overseas orphanage closed because of child abuse claims in 2013) read the Opening Prayer and an ordained minister (belonging to yet another church network accused of ignoring child sexual abuse in the US and racism in South Africa) read the Opening Prayer at yet another ordinary monthly meeting. Nice one councillors - you are covering yourselves with glory!
An investigative musing: Newcastle Herald, 12 August 2017: The state’s corruption watchdog has been asked to investigate the finances of the Awabakal Aboriginal Local Land Council, less than 12 months after the troubled organisation was placed into administration by the state government. The Newcastle Herald understands accounting firm PKF Lawler made the decision to refer the land council to the Independent Commission Against Corruption after discovering a number of irregularities during an audit of its financial statements.The results of the audit were recently presented to a meeting of Awabakal members. Administrator Terry Lawler did not respond when contacted by the Herald and a PKF Lawler spokesperson said it was unable to comment on the matter. Given the intricate web of company relationships that existed with at least one former board member it is not outside the realms of possibility that, if ICAC accepts this referral, then United Land Councils Limited (registered New Zealand) and United First Peoples Syndications Pty Ltd(registered Australia) might be interviewed. North Coast Voices readers will remember that on 15 August 2015 representatives of these two companied gave evidence before NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND. This evidence included advocating for a Yamba mega port.
A Nationals musing: Word around the traps is that NSW Nats MP for Clarence Chris Gulaptis has been talking up the notion of cruise ships visiting the Clarence River estuary. Fair dinkum! That man can be guaranteed to run with any bad idea put to him. I'm sure one or more cruise ships moored in the main navigation channel on a regular basis for one, two or three days is something other regular river users will really welcome. *pause for appreciation of irony* The draft of the smallest of the smaller cruise vessels is 3 metres and it would only stay safely afloat in that channel. Even the Yamba-Iluka ferry has been known to get momentarily stuck in silt/sand from time to time in Yamba Bay and even a very small cruise ship wouldn't be able to safely enter and exit Iluka Bay. You can bet your bottom dollar operators of cruise lines would soon be calling for dredging at the approach to the river mouth - and you know how well that goes down with the local residents.
A local councils musing: Which Northern Rivers council is on a low-key NSW Office of Local Government watch list courtesy of feet dragging by a past general manager?
A serial pest musing: I'm sure the Clarence Valley was thrilled to find that a well-known fantasist is active once again in the wee small hours of the morning treading a well-worn path of accusations involving police, local business owners and others.
An investigative musing: Which NSW North Coast council is batting to have the longest running code of conduct complaint investigation on record?
A which bank? musing: Despite a net profit last year of $9,227 million the Commonwealth Bank still insists on paying below Centrelink deeming rates interest on money held in Pensioner Security Accounts. One local wag says he’s waiting for the first bill from the bank charging him for the privilege of keeping his pension dollars at that bank.
A Daily Examiner musing: Just when you thought this newspaper could sink no lower under News Corp management, it continues to give column space to Andrew Bolt.
A thought to ponder musing: In case of bushfire or flood - do you have an emergency evacuation plan for the family pet?
An adoption musing: Every week on the NSW North Coast a number of cats and dogs find themselves without a home. If you want to do your bit and give one bundle of joy a new family, contact Happy Paws on 0419 404 766 or your local council pound.
When making comment defamatory statements, racist remarks, hate speech, incitement to violence, gratuitous insults, obscenities, sexual innuendo, active matters before the courts and linking to commercial products/promotions should be avoided.
Trolling will not be tolerated. Spam will not be accepted.
The blog administrator reserves the right to reject comments which ignore this policy.