GetUp warned by electoral commission it may be ‘associated entity’ of Labor
Exclusive: Activist group GetUp argues in lengthy submission it is independent of Labor and Greens
Lobby group GetUp could risk prosecution if it does not make an ‘associated entity’ disclosure. Photograph: Alan Porritt/AAP
Paul Karp
@Paul_Karp
Monday 23 October 2017 04.01 AEDT
GetUp is writing to its members warning the Australian Electoral Commission is set to review whether the campaigning group is an “associated entity” of Labor and the Greens after expressing a preliminary view it may be.
Under electoral law an associated entity is one controlled by or “operates wholly or to a significant extent for the benefit” of a registered political party. Associated entities face more stringent reporting requirements, including disclosure of donations.
Guardian Australia understands the AEC wrote to GetUp noting it might have to submit an associated entity disclosure because its 2016 election activities benefited Labor and the Greens.
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The AEC said it had not come to a final conclusion on whether GetUp was an associated entity, but said the organisation could risk prosecution if it did not complete the return by the deadline of last Friday.
GetUp refused to submit the return, arguing in lengthy submissions that it is independent of the political parties.
The AEC has reviewed GetUp’s status twice before at the behest of Coalition parliamentarians and on both occasions -
in 2005 and
2010 – it concluded GetUp was not an associated entity.
But GetUp’s email to its members, seen by Guardian Australia, warns “this time is different” and claims “the AEC’s preliminary review seems stacked against us, with cherry-picked facts and twisted legal interpretations”.
“They’re trying to use the threat of criminal penalties to force GetUp into becoming an associated entity of Labor and the Greens,” it says.
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Under
the Electoral Act it is an offence for an associated entity to fail to lodge a return.
GetUp warns its members that “hard-right forces”, including Liberal senator
Eric Abetz, are behind the push, which it says will “attack [members’] place in our politics and diminish our collective power”.
In 2010 the AEC noted the difficulties of administering the test of what a “benefit” to a political party is and how to interpret the “inexact phrase” of “significant extent”. It said factors relevant to the test included donations to a political party and “directly advocating voting for a particular party”.
In the 2016 federal election
GetUp for the first time distributed how-to-vote cardswhich stated “the Liberals are holding us back” and recommended a vote for Labor, the Greens, the Nick Xenophon Team and former senators Ricky Muir and Glenn Lazarus. Before that election GetUp distributed “score cards” which rated the parties on progressive issues but did not direct preferences.
The AEC has said indirect or consequential benefits to a particular political party do not constitute a “benefit”. “Thus, the fact that an organisation advocates a ‘left’ agenda does not mean it is operating for the benefit of all ‘left’ registered political parties.
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“Some closer connection is required between the actions of an organisation and a party before one can say the organisation operates for the benefit of that party.”
GetUp reiterates it is an “independent grassroots movement” and has told its members that “not a single dollar has ever been exchanged between GetUp and any political party”.
The email says GetUp cannot “submit to the lie” that it may be an associated entity, and is prepared to fight in court. It has asked a $12 donation from members.
On Thursday
the Australian reported GetUp had appointed two new directors to its board with Labor ties, including former Labor digital director Daniel Stone. It quoted Liberal MP Ben Morton, who suggested GetUp was “nothing more than a front for Labor and the Greens”.
The joint standing committee on electoral matters is currently conducting a review of political donations.
Abetz,
a long-standing critic of GetUp, made a submission complaining the group had
targeted Coalition MPs including Peter Dutton, George Christensen and Andrew Nikolic at the 2016 election. Abetz accused GetUp of “misleading voters” by claiming to be independent despite “links to Labor, the Greens and the unions”. He declined to comment further.
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The chair of the joint standing committee on electoral matters, Linda Reynolds, has argued GetUp, green groups, church groups and industry organisations are campaigning and raising large amounts of money but
are not visible or sufficiently regulated by the AEC.
The national director of GetUp, Paul Oosting, has rejected the claim, stating that like all third party non-profit organisations, GetUp is covered by requirements of the Electoral Act, including disclosure of donations and authorisation of electoral messages.
On Thursday Oosting defended GetUp’s independence, saying its priorities were set by the values of its one million members, not party politics.
“The reality is, the hard right is desperate to undermine our movement because they know we’re growing more powerful as they get more and more out of touch with everyday people,” he reportedly said.
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