Archive for May 29th, 2011

Ginninderra electoral “count-back.”

29/05/2011

Ginninderra electoral “count-back.”

And so, I (briefly) find myself a candidate for Ginninderra again…

The resignation of former Chief Minister, Jon Stanhope from the ACT Legislative Assembly on 16th May, 2011 has created a casual vacancy in the electorate of Ginninderra.  Under the ACT’s Hare-Clark electoral system, casual vacancies are filled by a “count-back” of the remaining unsuccessful candidates from the last election.  Of course, those candidates must still meet the eligibility requirements and submit an application form if they wish to be considered for the “count-back.”

On the 19th May, I received an invitation from Elections ACT to apply to be part of the “count-back” process; and announcing the subsequent publication of the casual vacancy in the Canberra Times.  I am pleased to say that I do meet the eligibility requirements and on Friday, 27th May, I successfully lodged my application form for the “count-back.”

Once again, a member of the Australian Democrats is seeking election to public office.

The process is thus:

  • the person must have been a candidate for that seat in the last ACT Election;
  • the person must have not been elected;
  • the person must meet the eligibility requirements under the Electoral Act 1992;
  • the appropriate form must be correctly lodged with Elections ACT by midday, 10 days after the publication of the vacancy in the Canberra Times (so, 30th May, 2011);
  • if he/she is the only candidate who applies; he/she is declared elected;
  • if more than one candidate applies; the “count-back” is conducted by Elections ACT;
  • during the “count-back” the ballot papers of the vacating MLA are redistributed to those candidates who have applied to contest the vacancy;
  • votes are distributed until the preferences exhaust. If there is still no winner, the candidate with the least votes is eliminated until a candidate achieves 50% + 1 (ie. an absolute majority) and is declared elected;
  • the electoral commissioner, Phil Green, tells me the “count-back” is all done by computer and takes about 30 seconds (so, as I have said above – I am briefly a candidate again);
  • if no-one applies to contest the casual vacancy, it is filled by a nomination from the same party as the vacating MLA.  This point does not apply in this instance because I have applied, and there may be others.

I stand by the promises I made during the 2008 Election (subject to any that may have been superseded by events).

The “count-back” will take place on Monday, 30th May at approximately 12.30pm.  The Declaration of the Poll will occur on Wednesday afternoon, 1st June at 3.00pm.

I am grateful for this opportunity.  I will do my best to be an effective Member for Ginninderra, if the “count-back” should determine me elected.

Darren Churchill

Australian Democrats endorsed, “Ungrouped” candidate for Ginninderra (2008) in the Ginninderra “count-back” 2011.

0412 196 473

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Media Release: 29th May, 2011 Flawed and Unscientific Drug-driving Law Should be Repealed, say Democrats.

29/05/2011
DARREN CHURCHILL
ACT Democrats President

Media Release: 29th May, 2011

Flawed and Unscientific Drug-driving Law Should be Repealed, say Democrats.

The Legislative Assembly should repeal its draconian Drug Driving legislation says ACT Democrats President, Darren Churchill.

Amendments which were passed by the Assembly on 1st December 2010 and 13th May 2011, have been rolled out in indecent haste in a matter of days.

Laws continuing to allow a prescribed concentration of alcohol, 0.05 Blood Alcohol Concentration (BAC) will be in complete contrast to the zero tolerance approach in relation to drugs.

“This law should be repealed and should not be re-introduced until there is a proven scientific method of measuring the relationship between different quantities and types of drugs and the level of impairment to driving associated with them for a legislated drug induced impairment equivalent to 0.05 BAC scientifically established.”

“The law makes a mockery of the rules of evidence by disregarding the level of a drug required for impairment. This is just a facade of trying to appear tough on drugs with no real intention of improving road safety or public safety. Police resources would be better utilised in improving the overall enforcement of traffic laws and other laws” Mr Churchill continued.

“The legislation still does not contain even so much as a statement of intent about ‘road safety’ despite Democrat calls for it last year. And it still doesn’t appear to have addressed the concerns raised by the Human Rights Commissioner, nor the disregard of the rules of evidence. Yet, now it’s the law! What protections are there for persons randomly tested to ensure the results of any specimens collected under the legislation will not be able to be used to establish any offence that is not related to road safety?”

“Traffic Operations Officer-in-Charge Sergeant Jeff Knight has claimed that police will conduct random roadside drug testing in similar ways to drink driving operations. However, how can this be the case when Attorney-General Simon Corbell has admitted that drivers can expect to be detained on the roadside for up to ten minutes?” questioned Mr Churchill.

“Drivers will be detained without even the suspicion of the commission of a crime? It makes every driver or driving instructor into a suspected criminal!” Mr Churchill declared.

“In my submission (on behalf of the ACT Democrats), to Territory and Municipal Services just over three years ago, I recommended a BAC equivalent of impairment for drugs be scientifically established, before implementing such legislation.

“Our legislators are clearly more concerned about increasing police powers than they are about human rights and road safety. The law is unfair, unjust unsatisfactory and completely unimpressive. It must be repealed!” Mr Churchill concluded.

CONTACT:

Darren Churchill

President, Australian Democrats (ACT Division)

darren.churchill@act.democrats.org.au

Tel: 0412 196 473

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