High Court Ruling Sparks Controversy Over New Legislation
Victoria's proposed new electoral laws are under scrutiny for allegedly favouring major parties while discriminating against minor parties and independents. The Allan government introduced the legislation following a High Court ruling on 15 April 2026 that deemed previous laws invalid.
On 15 April 2026, the High Court in Hopper v Victoria [2026] HCA 11 found that Victoria's electoral donation laws were invalid because they discriminated against minor parties and independents through unfair loopholes favouring the major parties.
The Allan government's proposed replacement legislation introduces taxpayer-funded administrative payments of $300,000 for a party's first elected MP, $100,000 for their second, and $55,000 for each subsequent MP. These payments are unavailable to minor parties without sitting members, raising concerns about fairness.
Legal experts and crossbenchers have already warned that the proposed laws could be worse than the ones the High Court struck down, prompting discussions of a fresh legal challenge.
The proposed laws maintain the 4 per cent threshold before first-preference votes attract public funding, disadvantaging minor parties and independents. They also do not address requirements for smaller parties to repay legitimately used campaign funding.
Demands for Fair Electoral Practices
Family First has proposed several changes to the legislation, including removing the 4 per cent threshold, ending the repayment requirement for campaign funding by smaller parties, and abolishing administrative payments tied to MPs. They argue these measures would ensure all parties and independents are treated equally.
Jane Foreman of Family First criticised the Allan government's approach, stating, "Labor's answer is to write that discrimination into the new law, and make Victorians pay for it. This isn't fixing the system. It's rigging it all over again."
The proposed legislation has sparked a debate in Victoria's Parliament, with calls for amendments to ensure fair treatment across the political spectrum. If passed without changes, the laws could face further legal scrutiny.
Family First's policy aims to remove the 4 per cent threshold, end the campaign funding repayment requirement for smaller parties, abolish MP-tied administrative payment streams, and ensure all electoral laws treat every party and independent equally.
