Media Release 2007: Use of electoral roll data by Magenta Linas and Trade Unions

21 June 2007

Following a request by the federal Special Minister of State, The Hon Gary Nairn MP, the AEC has examined whether electoral data usage by Magenta Linas and the Australian Council of Trade Unions (ACTU) is in breach of sections 90B, 91A or 91B of the Commonwealth Electoral Act 1918 (the Act). The AEC sought legal advice from the Australian Government Solicitor.

Information on the electoral rolls and the certified lists of voters is given to political parties including the Australian Labor Party (ALP), under section 90B and, therefore, is protected information for the purposes of section 91B of the Act. The ALP provides that information to Magenta Linas to run the ALP's electoral database.

Protected information provided to political parties may be used for any purpose in connection with an election or referendum under the Act.

As a Federal election will take place at some stage this year, there is clear evidence that the ACTU campaign as described in Appendix 1 of the Australian Council of Trade Unions (ACTU) document: Federal Election 2007: Union Political Strategy Manual, is intended to influence voters, and is a purpose in connection with an election and as such does not breach the Act.

Nevertheless, it is timely to remind all persons who receive information under section 90B that such information may only be used for the permitted purposes specified under the Act.

Contact:
Phil Diak
Director, Media
Australian Electoral Commission
02 6271 4415 (bus hours)
0413 452 539 (after hours)