The Centre for Democracy and Dialogue (CDD) has strongly supported the proposed repeal of provisions giving the Supervisor of Elections broad powers to compel information despite existing confidentiality, privilege and secrecy laws.
The issue is addressed under Clause 3 of the Electoral (Amendment) Bill 2026, which seeks to repeal Sections 6(1B) and 6(1C) of the Electoral Act.
The CDD said the existing provisions give “unusually broad authority” to a single administrative office-holder and allow established confidentiality and privilege protections to be overridden without prior judicial authorisation.
The organisation said this raises significant concerns relating to privacy, professional confidentiality and freedom of political engagement.
The CDD said its earlier submission on the Electoral Act had highlighted protections under Article 17 of the International Covenant on Civil and Political Rights (ICCPR) against arbitrary or unlawful interference with privacy.
It also noted that election management bodies in comparable democracies remain subject to ordinary privacy and confidentiality laws.
“Repeal of sections 6(1B) and 6(1C) is therefore both a rights-protective reform and an institutional safeguard,” the CDD said.
The organisation said the proposed repeal also responds directly to concerns raised by the Multinational Observer Group (MOG).
The MOG’s 2022 Recommendation 6 called for a review of the appropriateness of the Supervisor of Elections’ powers under Sections 6(1A) to 6(1C), including their actual or perceived impact on free political debate.
The CDD described Clause 3 as “a direct and significant response” to that recommendation.
However, the organisation said further safeguards were necessary to ensure that the repeal was not undermined by other provisions of the Act.
The CDD recommended that Clause 3 be retained and that Section 6(1A) also be reviewed.
It said the review should ensure that Section 6(1A) cannot be interpreted in broad terms to recreate the compulsory powers that Clause 3 seeks to remove.
The CDD said this would ensure the reform provides meaningful protection for privacy, confidentiality and political engagement rather than simply shifting compulsory powers into another provision of the legislation.
