Crossbenchers to fight to overturn electoral reform cannonballing in minority parliament

Tensions are high on what could be the last sitting day of this Parliament, after Labor and the Coalition teamed up to pass through a suite of electoral reforms that have angered the crossbench.

A number of independents, who could become critical if either Prime Minister Anthony Albanese or Opposition Leader Peter Dutton fall short of forming a majority government, have threatened to make their support contingent on a review of the “dirty deal” that passed on Thursday morning.

While the reforms decrease the disclosure threshold to $5000 from $16,900, will enforce real-time disclosure and cap individual donors to $50,000 per candidate or party, crossbenchers say the candidate spending cap of $800,000 will lock out future independents from taking on the major parties.

Parties will meanwhile have a national cap of $90 million, with the changes to come into effect for the 2028 election.

Independent Mackellar MP Sophie Scamps said today would “go down in history as the day the two major parties undermined our democracy to entrench their own power”.

“Having a vibrant crossbench is fundamental to holding Governments to account, and they have just passed laws by gagging debate to ensure that that accountability may not be there in the future,” she said.

“Australians should be very worried about our democracy.”

Outgoing North Sydney MP Kylea Tink said voters had a chance to send the major parties a strong message at this election.

“Australians, stand up for your vote. Vote the way that will bring truth and integrity back to this place, and right now your vote is wasted if you cast it with either the Labor Party or the Liberal-Nationals.”

Special Minister of State Don Farrell has rejected the suggestion the changes would make it harder for independents - which prompted a terse corridor confrontation with independent Zali Steggall.

The Warringah MP, who ousted Tony Abbott in 2019, called out the Minister for his “hubris” in front of the cameras.

She subsequently said she would make winding back the laws a condition of her support should she hold the balance of power in a hung parliament.

Ms Steggall wants an independent review of the new election financing laws by a panel of High Court judges and ethical experts – not the parliamentary committee that typically would examine such things.

But she says that’s just one part of her conditions.

“Trust is also an element of support,” she said.

“There is something just deeply wrong with finding out terms of amended legislation through the media that dramatically impacts participation in democracy… We can disagree on outcomes, on amounts or maybe provisions, but I at least request the respect of being briefed and told where negotiations have landed before reading about it in the press.”

The crossbench has also questioned whether the reforms are constitutional and foresee a legal challenge.

“No doubt that there’ll be a legal challenge and I think that needs run its course to see whether these laws are unconstitutional,” Curtin MP Kate Chaney said.

Ms Steggall said the Independents “don’t have the capacity” to launch a High Court challenge, but “the Australian people deserve to have this legislation tested”.

Independent senator David Pocock - who the Government have often relied on in this term of Parliament - also backed a fresh, detailed examination of the new laws after the election.

He criticised the Government for only circulating the amendments in the Senate in the midst of debate, and hit out at Senator Farrell’s reluctance to answer question as a show of disrespect.

Senator Pocock said there had been an “uptick in small donations” to independents overnight.

“Lots of people (are) saying this is not what we want in our politics,” he said.

“No one’s arguing that we want big money in politics, but the argument all along has been let’s create a level playing field. You have to take into account the advantages of being an incumbent.

“This isn’t about me. It probably suits me… but this is about other communities who want someone other than the major parties in there, representing them, fighting for them and being accountable to them.”

Clark MP Andrew Wilkie, who has served as an independent since 2010 and was crucial to the former Labor Government, said his support in the next Parliament would be contingent on prioritising integrity and transparency.

“But as far as mu negotiations with the future Government, unlike what I did in 2010, if I am re-elected at the forthcoming federal election then this time around, I will not enter into a formal deal for my support for supply and confidence,” he said.

“Instead, I will approach every single vote on its merit, including possibly on day one, a vote of confidence in the Government.”

Two-term Indi MP Helen Haines said she would never “sell her vote”.

“Signing deals with either major party takes away the most useful tool that I have, and that’s to sit down with whatever minister is trying to pursue a piece of legislation, and make it better,” she said.