David Pocock and Kim Rubenstein unite over territory representation

A concerted push to increase the ACT and Northern Territory Senate spots from the current two senators for each territory has been a significant feature of the Joint Standing Committee on Electoral Matters (JSCEM) review of the 2022 federal election. The committee tabled its interim report focused on electoral integrity issues late on Monday. It made 15 recommendations including that the government lowers the donation disclosure threshold to $1,000 from the current $15,200.

While the final report is months away, Senator Pocock is disappointed there are no recommendations yet to deal with territory representation.

"Territories should not have to continually fight to ensure that they are fairly represented in the Federal Parliament," he said in his additional comments in the JSCEM report.

More hearings are expected soon before the committee hands down its final report later this year, but Senator Pocock and Professor are seeking commitments.

"There is a strong case for better representation for the territories," he told reporters in Canberra. "We have a fraction of the senators to two senators in the territories on three year terms compared to 12 in the states on six year terms and I think there's a very strong argument to have better representation in the Senate for people in the territories."

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Professor Rubenstein, a constitutional expert, author and 2022 ACT Senate candidate, said increasing territory representation would be a simple amendment to the Electoral Act.

"There are no constitutional issues here. It would be to just double the number of senators, because the number of people in the ACT has doubled since 1975," she said. "And interestingly in the same period, the state representation has gone from 10 to 12."

Senator Pocock also proposed the length of service for ACT and NT senators increase to six years from the current three years to bring them in line with the states.

"There's no rhyme or reason for that. It's a quirk of history," Professor Rubenstein said. "So to normalise territorian Senate representation to a six year term makes sense. And so, similarly, tripling it to have six senators, but in each election there would only be three senators elected each term."

Earlier this month, Special Minister of State Don Farrell confirmed the government is still actively considering a significant increase in the size of Federal Parliament to address four decades worth of population changes, including additional ACT and Northern Territory senators.

Senator Pocock pointed out that government representatives have not been out agitating for change.

"I think it just speaks to when you're part of a major party you have to tow the party line. The party comes first. You're not necessarily able to actually advocate the things that matter to the territory that would be good for the ACT unless you get some sort of approval from the party to do so," he said.

"It's going to be a fine balancing act there to not entrench the major parties. I think given the value we're seeing having a more diverse parliament in terms of minor parties, independents and representing their constituents."

The committee also recommended legislation or amendments to the Commonwealth Electoral Act to enact truth in political advertising.

More hearings are expected soon before the committee hands down its final report later this year.

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