Is this where democracy goes to die?

I know this is going to sound a bit extreme, but a state government body has issued a ruling which could turn us, and a large number of charities, not-for-profits and community groups, into criminals.

Who would think that if a property developer pays to attend one of our fundraisers or seminars, donates money to us, or encourages others to do any of these things, they could be committing a criminal offence? And that by accepting their money we could be as well?

The Electoral Commission of Queensland (ECQ), that’s who.

Under legislation introduced by the Palaszczuk Labor government, as interpreted by the ECQ, any organisation that has received money from a property developer is either excluded from publicly campaigning on any issue that might change someone’s vote; or must return the donations before they do.

We know this because the ECQ has ruled that because of our activities as a think tank we cannot accept money from any property developer because our advocacy might affect someone’s voting intentions. Click here to see the various letters and legal documents so far in this case.

It’s a ruling that will affect not only us, but a wide range of community groups and we believe it to be outrageous.

That’s why we are going to court to get a declaration that the commission is wrong.

We’re confident we will win, because we have Peter Dunning QC acting for us. He has to be the foremost expert in the country on this issue, having represented the state of Queensland twice on this legislation, and being on the winning side both times.

He's given us an opinion that we are in the right but we still need to take action to make the ECQ see reason.

Many people who develop property are like you: generous individuals who support a wide range of organisations. Why should they, or the organisations they support, be financially and socially penalised because of their involvement in a legitimate business that houses and supports millions of Queenslanders?

And why should we be penalised as well?

Here are some of the consequences if the ECQ’s position is not overruled.

1. Any community group or charity that accepts donations from a property developer will either have to return the donation, or forgo their democratic rights to make representations and influence views.
2. Organisations will be faced with a choice between speaking-up or staying solvent.
3. The legislation is retrospective. A donor might give money to an organisation, and the organisation might only subsequently find they need to lobby. The minute they do, the donation becomes illegal and has to be returned, even though it might have been spent already.
4. Property developers will no longer be able to safely donate to a wide range of community organisations. The type of organisations that could be affected are:
   1. Churches
   2. Conservation groups
   3. Industry groups
   4. Sporting Clubs
   5. Welfare organisations
5. It will be impossible to know which organisations you can legally donate to, because you can’t know when an issue might suddenly affect an organisation and they need to speak up.
6. The traditional chook raffle, bingo game or trivial pursuit night will come with legal obligations to note the purchasers, ask them whether they are a “prohibited donor” (that’s the Queensland Government’s technical term for a property developer), and issue them with a receipt, just in case.
7. It could get worse. In some other states the gambling and liquor industries are also “prohibited donors”. If the legislation is extended here to include them as well, then the local club or pub will no longer be able to sponsor charities and community groups, just in case.

I will keep in touch as the matter develops. We are definitely going to need money for legal fees, and depending what happens in the court, we may need to run a community campaign.

This ruling jeopardises our funding and our existence as some of our donors and supporters are “prohibited donors” including the donor who provides our office space and the auditorium. But not just us. The financial pain and the intimidation will affect a lot of other community groups as well.

Regards,

Graham Young
Executive Director