1 00:00:00,240 --> 00:00:03,800 Speaker 1: Now about twelve days since the local government elections across 2 00:00:03,840 --> 00:00:07,680 Speaker 1: the Northern Territory, we're still unsure who is set to 3 00:00:07,720 --> 00:00:12,559 Speaker 1: become the territory's next mayors and well counselors. The race 4 00:00:12,600 --> 00:00:16,560 Speaker 1: for Darwin Lord mayor really becoming pretty nasty. There's claims 5 00:00:16,600 --> 00:00:19,800 Speaker 1: of dodgy how to vote cards, posts on social media 6 00:00:19,840 --> 00:00:23,680 Speaker 1: about who's responsible, and at least one person contacting the 7 00:00:23,720 --> 00:00:27,520 Speaker 1: Electoral Commissioner to say they're happy to participate in any 8 00:00:27,600 --> 00:00:31,800 Speaker 1: kind of investigation. Now joining us on the line to 9 00:00:31,840 --> 00:00:35,560 Speaker 1: tell us more about the situation is the Northern Territory's 10 00:00:35,680 --> 00:00:39,760 Speaker 1: Electoral Commissioner, Kirston Kelly. Good morning to your commissioner. Good 11 00:00:39,760 --> 00:00:45,080 Speaker 1: morning now, Commissioner. First off, in relation to these complaints 12 00:00:45,159 --> 00:00:47,720 Speaker 1: that have been made in relation to the claims of 13 00:00:47,760 --> 00:00:51,960 Speaker 1: the dodgy how to vote cards, can I just confirm 14 00:00:52,000 --> 00:00:54,800 Speaker 1: that that has indeed now been referred to the Northern 15 00:00:54,920 --> 00:00:56,440 Speaker 1: Territory Police as well. 16 00:00:57,080 --> 00:01:00,160 Speaker 2: So, yes, the Non Territory electri Commission did receive a 17 00:01:00,240 --> 00:01:03,760 Speaker 2: number of complaints regarding how to vote material or campaign 18 00:01:03,800 --> 00:01:07,200 Speaker 2: material and those complaints have been now been referred to 19 00:01:07,200 --> 00:01:08,640 Speaker 2: the NT Police to investigate. 20 00:01:09,080 --> 00:01:11,920 Speaker 1: Is that sort of usual process or why did you 21 00:01:11,959 --> 00:01:13,320 Speaker 1: decide to take that pass? 22 00:01:13,959 --> 00:01:17,520 Speaker 2: So it is usual process. So we received complaints and 23 00:01:17,560 --> 00:01:20,840 Speaker 2: we made some inquiries with regards to that complaints will 24 00:01:20,840 --> 00:01:24,600 Speaker 2: receive them in writing. So an investigation is necessary for 25 00:01:24,680 --> 00:01:27,319 Speaker 2: us to understand the facts and determine whether an offense 26 00:01:27,360 --> 00:01:30,520 Speaker 2: has been committed. And the Northern Territory Electoral Commission, under 27 00:01:30,560 --> 00:01:34,039 Speaker 2: the Local Government Act and the Local Government Electoral Regulations 28 00:01:34,040 --> 00:01:37,520 Speaker 2: doesn't have investigation powers, so it's really important that an 29 00:01:37,560 --> 00:01:41,679 Speaker 2: investigation be undertaken, and the Electric Commission doesn't have those powers, 30 00:01:41,720 --> 00:01:43,800 Speaker 2: so we've referred that matter to the Ant Police. 31 00:01:43,959 --> 00:01:47,800 Speaker 1: It must be a fairly unusual circumstance for the Northern 32 00:01:47,880 --> 00:01:50,120 Speaker 1: Territory Electoral Commission to get to the point where you've 33 00:01:50,160 --> 00:01:52,920 Speaker 1: got to refer something like this to the Northern to 34 00:01:53,000 --> 00:01:56,120 Speaker 1: the police. It just seems like this campaign got a 35 00:01:56,200 --> 00:01:57,040 Speaker 1: bit out of hand. 36 00:01:57,920 --> 00:02:01,440 Speaker 2: So I think we've certainly spoken before about campaign offenses 37 00:02:01,720 --> 00:02:05,880 Speaker 2: and the requirements under the Local Government legislation and elections 38 00:02:05,920 --> 00:02:10,359 Speaker 2: generally for campaign material to be authorized and correctly authorized. 39 00:02:10,639 --> 00:02:13,800 Speaker 2: And it is an offense if a person produces and 40 00:02:13,840 --> 00:02:17,880 Speaker 2: distributes campaign material and it's unauthorized or they do that recklessly. 41 00:02:17,960 --> 00:02:21,120 Speaker 2: So those provisions exist because it's important then when people 42 00:02:21,639 --> 00:02:24,960 Speaker 2: are can testing an election and they're putting information out 43 00:02:24,960 --> 00:02:27,959 Speaker 2: in the public domain, that that is authorized. So those 44 00:02:28,000 --> 00:02:32,160 Speaker 2: provisions exist, and if there are allegations of contravention, then 45 00:02:32,200 --> 00:02:34,640 Speaker 2: it's important that we look into that and refer it 46 00:02:34,680 --> 00:02:35,400 Speaker 2: for investigation. 47 00:02:35,840 --> 00:02:39,560 Speaker 1: So obviously that police referral has been made. Now we 48 00:02:39,720 --> 00:02:43,920 Speaker 1: received some information yesterday that Peter Styles has obviously formally 49 00:02:43,960 --> 00:02:47,880 Speaker 1: lodged a protest regarding allegations made against him, which he 50 00:02:47,960 --> 00:02:52,320 Speaker 1: says are unfounded. Given the gravity of these accusations, how 51 00:02:52,440 --> 00:02:55,079 Speaker 1: is the Electoral Commission? How are you planning to ensure 52 00:02:55,080 --> 00:02:59,679 Speaker 1: that all parties involved are given that fair chance to respond? 53 00:02:59,480 --> 00:03:03,320 Speaker 1: And you know, I guess that that any investigation done 54 00:03:03,360 --> 00:03:07,240 Speaker 1: by the Electoral Commission is is also carried out transparently. 55 00:03:08,000 --> 00:03:11,240 Speaker 2: So again, so the Electoral Commission doesn't have investigation powers, 56 00:03:11,240 --> 00:03:13,720 Speaker 2: and that's why it's important than that to be referred 57 00:03:13,720 --> 00:03:16,680 Speaker 2: to the police who do have investigation powers and are 58 00:03:16,760 --> 00:03:20,880 Speaker 2: able to speak to people and get information to you know, 59 00:03:20,919 --> 00:03:24,280 Speaker 2: to put together the facts of the matters and seek 60 00:03:24,360 --> 00:03:27,160 Speaker 2: the necessary evidence to determine whether an offense is being committed. 61 00:03:27,280 --> 00:03:29,080 Speaker 2: And that's the important part. What we're trying to do 62 00:03:29,440 --> 00:03:32,840 Speaker 2: is understand whether an offense has or hasn't been committed. 63 00:03:33,639 --> 00:03:36,120 Speaker 1: And so if there isn't an offense, there's really not 64 00:03:36,200 --> 00:03:38,120 Speaker 1: a lot more that the Electoral Commission can do. 65 00:03:39,280 --> 00:03:42,240 Speaker 2: So not outside of that, So an offense can't be established, 66 00:03:42,880 --> 00:03:46,560 Speaker 2: then will there's no further action that was likely to 67 00:03:46,560 --> 00:03:49,160 Speaker 2: be taken. But again it's very early stages and I 68 00:03:49,200 --> 00:03:52,240 Speaker 2: can't really comment any further about the investigation which is 69 00:03:52,280 --> 00:03:55,400 Speaker 2: now in the hands of the Anti Police and certainly 70 00:03:55,440 --> 00:03:58,160 Speaker 2: we'll wait to receive that information to determine what the 71 00:03:58,520 --> 00:04:00,080 Speaker 2: nexts are. Is this the. 72 00:04:00,120 --> 00:04:02,280 Speaker 1: First time that you've had to refer something to the 73 00:04:02,320 --> 00:04:04,520 Speaker 1: Northern Territory Police like this or have you done it? 74 00:04:04,640 --> 00:04:05,920 Speaker 1: Have you had to do it before? 75 00:04:06,840 --> 00:04:09,120 Speaker 2: So where there are other you know, again looking at 76 00:04:09,160 --> 00:04:13,480 Speaker 2: things under offenses and potential offenses, that matters can be referred, 77 00:04:14,000 --> 00:04:16,280 Speaker 2: so it's not uncommon that they are referred to to 78 00:04:16,600 --> 00:04:19,919 Speaker 2: be further investigated. Again, where the Anti Electric Commission just 79 00:04:19,920 --> 00:04:23,279 Speaker 2: doesn't have the powers or authority to get information to 80 00:04:23,400 --> 00:04:25,920 Speaker 2: inform itself as to whether there's any actions that need 81 00:04:25,960 --> 00:04:26,880 Speaker 2: to be taken on matters. 82 00:04:27,120 --> 00:04:29,400 Speaker 1: Now, there's no doubt that social media has had such 83 00:04:29,400 --> 00:04:32,400 Speaker 1: a big role in spreading some of these allegations and 84 00:04:32,480 --> 00:04:35,640 Speaker 1: tensions as well during the election. And you and I, 85 00:04:35,760 --> 00:04:38,120 Speaker 1: again we've spoken about this before, but how is the 86 00:04:38,120 --> 00:04:40,640 Speaker 1: Electoral Commission going to work to sort of address some 87 00:04:40,680 --> 00:04:45,320 Speaker 1: of that misinformation and inappropriate conduct by candidates? Is there 88 00:04:45,360 --> 00:04:47,600 Speaker 1: something we can look to for the next election? 89 00:04:48,680 --> 00:04:52,560 Speaker 2: Look, so we've certainly again there's campaign offenses and campaign 90 00:04:52,560 --> 00:04:56,560 Speaker 2: material promoting or opposing positions of candidates must be authorized, 91 00:04:56,560 --> 00:04:59,520 Speaker 2: and that's really important. And we've spoken previously about in 92 00:04:59,560 --> 00:05:02,320 Speaker 2: the Northern Territory there's no truth in political advertising. But 93 00:05:02,360 --> 00:05:05,360 Speaker 2: it's really important that people do authorize their campaign material 94 00:05:05,480 --> 00:05:08,480 Speaker 2: so that the electors or the public can see, you know, 95 00:05:08,640 --> 00:05:10,920 Speaker 2: who's making statements about what, and then they can put 96 00:05:10,920 --> 00:05:13,159 Speaker 2: a lens on their own, you know, fact checking or 97 00:05:13,160 --> 00:05:15,480 Speaker 2: whether or not what There might be some motivators for 98 00:05:15,560 --> 00:05:18,320 Speaker 2: making statements or otherwise. But we'd hope that in all 99 00:05:18,360 --> 00:05:21,240 Speaker 2: elections that there's a level of civility that all candidates 100 00:05:21,640 --> 00:05:25,760 Speaker 2: that are bied by. So it's important that people do 101 00:05:25,800 --> 00:05:28,880 Speaker 2: and it's important that people do authorize their materials so 102 00:05:28,960 --> 00:05:31,560 Speaker 2: that people know where it's come from. And that's important. 103 00:05:31,640 --> 00:05:35,600 Speaker 2: So I appreciate that that people do campaign and things 104 00:05:35,640 --> 00:05:38,640 Speaker 2: go on social media and there's when it's authorized. Lease 105 00:05:38,720 --> 00:05:40,760 Speaker 2: people know where it's actually coming from and the source 106 00:05:40,800 --> 00:05:42,920 Speaker 2: of that information. That's important. 107 00:05:43,160 --> 00:05:45,080 Speaker 1: It is important, But it just, I mean, it just 108 00:05:45,120 --> 00:05:47,839 Speaker 1: seems as though it's become quite out of control this 109 00:05:47,920 --> 00:05:50,080 Speaker 1: time around. I don't know why. I don't know why 110 00:05:50,120 --> 00:05:53,360 Speaker 1: people feel the need to be so nasty about others 111 00:05:53,480 --> 00:05:56,200 Speaker 1: or to be having a crack. But yeah, I mean, 112 00:05:56,279 --> 00:05:59,800 Speaker 1: it'll be further discussions, I'm sure for us with our 113 00:06:00,440 --> 00:06:04,920 Speaker 1: our politicians as well. Commissioner. Can I ask where where 114 00:06:05,000 --> 00:06:08,480 Speaker 1: tomorrow in terms of this vote count in terms of 115 00:06:08,520 --> 00:06:13,479 Speaker 1: those preferences, I know everybody is hanging on to see 116 00:06:13,560 --> 00:06:16,880 Speaker 1: what happens next, and no doubt the candidates are probably 117 00:06:16,920 --> 00:06:18,039 Speaker 1: more so than anybody. 118 00:06:18,839 --> 00:06:22,640 Speaker 2: Absolutely. So we've been providing daily updates on our website 119 00:06:22,680 --> 00:06:26,120 Speaker 2: about how the count period's going. So tomorrow is at 120 00:06:26,120 --> 00:06:28,719 Speaker 2: twelve o'clock. Tomorrow is the last time the deadline for 121 00:06:28,760 --> 00:06:32,320 Speaker 2: postal votes to be returned, so final vote counting will 122 00:06:32,320 --> 00:06:34,640 Speaker 2: commence in the morning and then after that and then 123 00:06:34,640 --> 00:06:38,440 Speaker 2: we'll be moving to the distribution of preferences. Are starting 124 00:06:39,120 --> 00:06:41,880 Speaker 2: with the single vacancies or the mayoral positions as well, 125 00:06:41,880 --> 00:06:44,599 Speaker 2: so that again is a manual process that will take 126 00:06:44,680 --> 00:06:47,279 Speaker 2: some time. So we do have a lot of a 127 00:06:47,279 --> 00:06:51,800 Speaker 2: lot of candidates, and in some elections, the candidates that 128 00:06:51,839 --> 00:06:54,000 Speaker 2: are in the lead, if you like, when with the 129 00:06:54,120 --> 00:06:56,480 Speaker 2: number of votes, are still a long way off reaching 130 00:06:56,480 --> 00:06:59,000 Speaker 2: the quota which needs to be achieved, and that means 131 00:06:59,000 --> 00:07:02,440 Speaker 2: that the distribution of preference process will take time, and 132 00:07:02,520 --> 00:07:05,799 Speaker 2: rightly so it will be. It'll be methodical, and certainly 133 00:07:06,080 --> 00:07:10,400 Speaker 2: scrutiniers for candidates are invited to attend and all the 134 00:07:10,440 --> 00:07:12,760 Speaker 2: candidates have been advised to that make an observant scrutiny 135 00:07:12,840 --> 00:07:13,520 Speaker 2: of that process. 136 00:07:13,600 --> 00:07:15,640 Speaker 1: So do you reckon By tomorrow afternoon we'll have a 137 00:07:15,680 --> 00:07:18,760 Speaker 1: clearer idea who's sort of you know, who's going to 138 00:07:18,800 --> 00:07:19,720 Speaker 1: take those roles. 139 00:07:20,280 --> 00:07:23,560 Speaker 2: So certainly by tomorrow evening the results will all be 140 00:07:23,600 --> 00:07:27,160 Speaker 2: published on the website, the final results. And then on 141 00:07:27,240 --> 00:07:29,920 Speaker 2: Monday we have the declaration of results from ten at 142 00:07:29,920 --> 00:07:32,640 Speaker 2: ten o'clock in the morning, so the results tomorrow night 143 00:07:32,680 --> 00:07:33,720 Speaker 2: will be available. 144 00:07:33,880 --> 00:07:38,080 Speaker 1: All right, Well, Northern Territory Electoral Commissioner Kirsten Kelly, really 145 00:07:38,120 --> 00:07:40,120 Speaker 1: appreciate your time this morning. Thank you for having a 146 00:07:40,240 --> 00:07:41,160 Speaker 1: chat with us. 147 00:07:41,240 --> 00:07:42,200 Speaker 2: No trouble, have a great day. 148 00:07:42,240 --> 00:07:42,640 Speaker 1: Thank you.