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Politics and Public Administration
The 2020 Australian Capital Territory (ACT) Legislative
Assembly election was held over a three-week period commencing on 28 September
and concluding with polling day on 17 October 2020. This quick guide provides a
brief overview of the results of the election as well as details of the new
ministry appointed following the election. It also includes background
information on the composition of the Legislative Assembly and the development
of the ACT’s electoral system.
The election saw the Labor-Greens Government returned,
with reduced representation in the Assembly for both Labor and the Liberals and
significantly increased representation for the ACT Greens. Labor, either alone
or with the support of the Greens, has now been in government in the ACT
continuously since 2001 (six consecutive terms).
The ACT Legislative Assembly and electoral
The unicameral ACT Legislative Assembly was made up of 17
members from the commencement of self-government in 1989 until the end of the
Eighth Assembly in 2016. Elections for the First and Second Assemblies (1989
and 1992) were conducted using the ‘modified
d’Hondt’ electoral system, under which all 17 members were elected from a
single Territory-wide electorate. A Hare-Clarke
electoral system was used to elect the next six assemblies, with the Territory
being divided into three electorates, two of which returned five members, while
one returned seven members.
Legislation passed in 2014 during the Eighth Assembly increased
the size of the Assembly to 25 members and required the ACT to be divided into five
electorates, with five members to be elected from each electorate (see the Australian
Capital Territory (Legislative Assembly) Act 2014 (ACT) and the Electoral Amendment Act
2014 (ACT)). These changes came into effect at the 2016 election, making
the Ninth Assembly (2016–20) the first with 25 members.
Legislative Assembly terms were originally three years,
but under the Electoral
Amendment Act 2003 (ACT) these were extended to four years starting
from the 2004 election. Polling day is fixed under section 100 of the Electoral
Act 1992 (ACT) as the ‘the 3rd Saturday in October in the 4th year
after the year when the last ordinary election was held.’ Terms of Members of
the Legislative Assembly (MLAs) commence on the declaration of their election
and expire on the polling day of the next general election (see section 10 of
Capital Territory (Self-Government) Act 1988 (Cth)).
Party representation in the
Legislative Assembly since 2001
ACT Labor has formed government in each assembly since
2001, either in its own right or with the support of the ACT Greens. During the
Seventh, Eighth and Ninth Assemblies (2008–20), the Labor and Greens parties entered
agreements setting out shared policy priorities and guaranteeing confidence
and supply. As part of these agreements, Greens MLA Shane
Rattenbury served as Speaker during the Seventh Assembly and then as a
minister during the Eighth and Ninth Assemblies. Table 1 below provides a
summary of the seats won by parties in ACT elections from 2001 to 2020.
Table 1: Party representation in the
ACT Legislative Assembly 2001–20
|| Total seats
(a) As noted above, while Labor required the support of
the Greens to form Government in the Fifth and Seventh Assemblies, Greens MLAs were
not included in the ministry until the Eighth and Ninth Assemblies.
Source: ACT Electoral Commission, ‘Past ACT Legislative Assembly Elections’.
Casual vacancies during the Ninth
Two casual vacancies arose during the Ninth Assembly. Neither
vacancy altered party representation in the Assembly. In accordance with Part
13 of the Electoral
Act 1992 (ACT), casual vacancies are filled by recounting
the ballots that elected the vacating MLA in order to determine which
candidate was the next most favoured by the electors who elected the departing
MLA. Only candidates who contested the original election and who indicate a
willingness to participate in the recount are included in this process. If it
is not possible to fill the vacancy by this method, the Assembly may appoint a
The first vacancy arose in the electorate of Kurrajong due
to the death of Steve Doszpot on 25 November 2017. Mr Doszpot, a Liberal MLA
since 2008, had announced on 24 October
2017 his intention to resign at the end of the year due to ill health.
Following a recount conducted on 11 December 2017, Ms
Candice Burch was formally declared elected on 13 December 2017.
The second vacancy arose in the electorate of Yerrabi due to
the resignation of Labor MLA Megan Fitzharris on 8 July 2019. Ms Fitzharris had
served in the Assembly since 6 January 2015, when she filled a casual vacancy
created by the resignation of Chief Minister Katy Gallagher to seek a position
in the Senate. Ms Fitzharris was serving
in several ministerial roles at the time of her resignation. Following a
recount conducted on 22 July 2019, Mr
Deepak Raj Gupta was formally declared elected on 23 July 2019.
Party leadership in the Ninth
leadership of the three parties represented in the Legislative Assembly
remained unchanged throughout the Ninth Assembly. Chief Minister Andrew Barr
and Deputy Chief Minister Yvette Berry led the Labor Party throughout the term
(Mr Barr has served as Chief Minister since the resignation of Katy Gallagher
from the Assembly in December 2014). Leader of the Opposition, Alistair Coe, and
Deputy Leader of the Opposition, Nicole Lawder, similarly led the Liberal Party
throughout the term. Mr Coe replaced previous Leader of the Opposition, Jeremy
Hanson, following the 2016 election. Shane Rattenbury served as the Leader of
the ACT Greens throughout the term.
Conduct of the 2020 election
COVID-19 measures—early voting
In May 2019 the ACT Electoral Commission prepared a
special report under section 10A of the Electoral
Act 1992 (ACT), setting out the election delivery model it considered
most appropriate to mitigate the ongoing health and safety risks to the ACT
community and electoral staff posed by the COVID-19 pandemic. The special
report canvassed a number of options but recommended to the Legislative
Assembly that the most appropriate response would be to amend the Electoral
Act 1992 so as to make all electors eligible to vote early. The Electoral
Commission also sought additional funding to implement its proposed early
voting model. The required amendments to the Electoral Act 1992 were
made by the COVID-19
Emergency Response Legislation Amendment Act 2020 (No 2), passed by the
Assembly on 2 July
2020. The amendments to the Electoral Act 1992 apply
only to the 2020 election and expire six months after the election is held.
The expansion of eligibility for early voting to all
electors had been proposed in 2017 by the Electoral Commission in its report on
Legislative Assembly election. The Commission noted early voting was
increasing in popularity (with Queensland, Western Australia and the Northern
Territory already allowing any elector to vote early), and that encouraging
this trend would provide some operational advantages. This recommendation was
supported by the Select
Committee on the 2016 ACT Election and the Electoral Act, but not by the government,
concern the reform may limit the effectiveness of campaigning.
The ACT Electoral Commission published a more detailed COVID
Safe Election Service Delivery Plan in August 2020. The Plan set out
the Commission’s intention to open 15 early voting centres across the ACT and
make early voting available from 28 September to 16 October. The normal 82
polling locations would be available on polling day (17 October); however, the Commission
expected that the expansion of eligibility for early voting would substantially
reduce crowds on polling day. The
Commission encouraged early voting, and published hourly data on
the number of electors voting at each early voting centre to assist voters in
deciding when and where to cast a vote. The Plan also detailed the physical
measures that would be taken in early voting centres and polling places to
minimise COVID-19 transmission risks.
Commission reported on polling day that slightly more than 70 per cent of
enrolled voters had cast their votes at an early voting centre or made a postal
vote application prior to polling day on 17 October. The
Commission also reported that approximately 90 per cent of votes cast at
early voting centres were cast electronically, allowing the rapid publication
of a significant proportion of first preference results following the close of
ACT’s electronic voting system was first used at the 2001 election and has
been available at early voting centres at each subsequent election. Alleged
errors in the vote counting software used by the Electoral Commission were
criticised after the conclusion of the 2020 election; the Electoral
Commissioner stated these criticisms would be carefully examined.
Candidates and parties
Nominations to contest the election closed on 23 September
candidates were formally declared and their order on the ballot paper
established on 24 September 2020. A total of 137 candidates was announced for
the 2020 election, a slight decrease from the 141 candidates who contested
the 2016 election. Of the 137 candidates, 83 were male (60.6 per cent) and 54 female
(39.4 per cent). Sixteen
political parties registered to contest the election.
Legislative amendments affecting
In 2020 changes were made to ACT electoral law which did not
affect the 2020 election as they will not come into effect until July 2021. The
Act 2020, among other matters, inserts new offences in the Electoral
Act 1992 (ACT) intended to prevent property developers from making
donations to political parties and prevent political parties from accepting
such donations. A new offence has also been created relating to the inclusion
of statements of fact in electoral advertising that are inaccurate and
misleading to a material extent.
The results of the election were not formally
declared until 28 October 2020, and the contest for the final seats in the
electorates of Brindabella
remained in doubt for some time due to the closeness of the results. However,
results available shortly after the close of the polls on 17 October 2020 correctly
indicated that the Labor and Greens parties had won
sufficient seats between them to once again form government. This result has
extended Labor’s time in government, either in its own right or with the
support of the Greens, to six consecutive terms. Should Labor remain in
government until the end of the Tenth Assembly in 2024 this unbroken period in
office will extend to 23 years.
As shown in Table 2 below, the Labor and Liberal parties
each lost two seats from their levels of representation in the previous Ninth
Assembly, with Labor dropping from 12 to 10 seats and the Liberals dropping
from 11 to nine seats. The four sitting MLAs defeated at the election were
Andrew Wall and Candice Burch (Liberal) and Deepak Raj Gupta and Gordon Ramsay
(Labor), with Ramsay having held a number of ministerial appointments. Both
major parties experienced negative swings: - 0.6 per cent for Labor and - 2.9
per cent for the Liberals.
The Greens significantly increased their representation to
six seats, a gain of four from their two seats in the Ninth Assembly, and
experienced a positive swing of 3.2 per cent. As illustrated in Table 2 below, the
proportion of seats won by the Greens was significantly higher than their first
preference vote share. No other parties or independent candidates gained a
of the 25 MLAs elected to the Tenth Assembly are women (56 per cent), an
increase of one from the 13
women elected to the Ninth Assembly.
Table 2: Seats won and first
preference vote percentages by party
|| Seats won
|| Change from 2016 election
|| First preference vote (%)
|| First preference vote change
from 2016 election (%)
|| Proportion of Assembly seats
Source: ACT Electoral
Commission, ‘2020 Results by Electorate and by Party’.
Following its election defeat, the parliamentary leadership
positions of the Liberal Party were vacated. Alistair Coe did not contest the
subsequent leadership ballot and Elizabeth Lee was elected as the party’s new
leader on 27 October 2020, with Giulia Jones elected as deputy leader. Reportedly
this is the
first time an ACT party has been led by an all-female leadership team since
the commencement of self-government.
The parliamentary leadership of the Labor Party remained
unchanged following the election, with Andrew Barr and Yvette Berry retaining
the Chief Minister and Deputy Chief Minister positions respectively. Shane
Rattenbury retained the
parliamentary leadership of the Greens.
Parliamentary Agreement and New
As no party gained a majority in its own right, the Labor
and Greens parties again negotiated a Parliamentary
and Governing Agreement guaranteeing Greens support of Andrew Barr as Chief
Minister (except in specified exceptional circumstances), Greens support of
appropriation bills for the ordinary annual services of government, and the
appointment of three Greens ministers. The agreement also sets out the shared
policy priorities of the two parties and decision-making processes within
Cabinet. The agreement was finalised on 2 November 2020.
meeting of the Tenth Assembly occurred on 3 November 2020. Following the swearing-in
of members and the re-election of Labor MLA Joy Burch as Speaker, Andrew Barr
was elected as Chief Minister. In contrast with other Australian jurisdictions,
ACT Chief Minister is elected by the Legislative Assembly as the ACT does not
have an office equivalent to state Governors or the Administrator of the Northern
Territory. Once elected by the Legislative Assembly, the Chief Minister then
appoints a ministry. Under the Australian Capital
Territory (Ministers) Act 2013 (ACT) no more than nine ministers
in total may be appointed.
Minister Barr appointed the new ministry on 3 November 2020, which
commenced the following day. The full list of ministers and portfolios is
provided in Table 3 below. As required under the Parliamentary Agreement, the
ministry contains three Greens ministers—Shane Rattenbury, who had previously
served as a minister, and newly elected members Rebecca Vassarotti and Emma
Davidson. Of the six Labor ministers, five had served in the previous
ministry—Andrew Barr, Yvette Berry, Mick Gentleman, Rachel Stephen-Smith and
Chris Steel—while second-term MLA Tara Cheyne was appointed to the ministry for
the first time. The ministry is majority female, comprising five women and four
men. The Liberal Opposition announced its shadow
ministry (also majority female) on 5 November 2020.
Table 3: Ministry appointed 3
November 2020 (effective from 4 November 2020)
|Andrew Barr (ALP)
Minister for Climate Action
Minister for Economic Development
Minister for Tourism
|Yvette Berry (ALP)
||Minister for Early Childhood Development
Minister for Education and Youth Affairs
Minister for Housing and Suburban Development
Minister for Women
Minister for the Prevention of Domestic and Family Violence
Minister for Sport and Recreation
|Mick Gentleman (ALP)
||Minister for Planning and Land Management
Minister for Police and Emergency Services
Minister for Corrections
Minister for Industrial Relations and Workplace Safety
|Shane Rattenbury (GRN)
Minister for Consumer Affairs
Minister for Water, Energy and Emissions Reduction
Minister for Gaming
|Rachel Stephen-Smith (ALP)
||Minister for Health
Minister for Families and Community Services
Minister for Aboriginal and Torres Strait Islander Affairs
|Chris Steel (ALP)
||Minister for Transport and City Services
Minister for Skills
Special Minister of State
|Tara Cheyne (ALP)
||Assistant Minister for Economic Development
Minister for the Arts
Minister for Business and Better Regulation
Minister for Human Rights
Minister for Multicultural Affairs
|Rebecca Vassarotti (GRN)
||Minister for the Environment
Minister for Heritage
Minister for Homelessness and Housing Services
Minister for Sustainable Building and Construction
|Emma Davidson (GRN)
||Assistant Minister for Families and Community Services
Minister for Disability
Minister for Justice Health
Minister for Mental Health
Source: Australian Capital Territory (Self-Government) Ministerial Appointment
2020 (No 2).
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