References

Democracy before Dollars: The problems with money in Australian politics and how to fix them

1 Universal Declaration of Human Rights, art 21(3).

2 John Stuart Mill, Considerations on Representative Government

(1861).

3 Danielle Wood and Kate Griffiths, ‘ Who's in the Room? Access and Influence in Australian Politics' (Grattan Institute, 2018) 14, Figure 1.2. 4 https://app.secure.griffith.edu.au/news/2018/08/20/ griffith-research-shows-trust-in-government-slides/ 5 Quoted in Raymond Williams, Keywords (1976) 83. 6 Elizabeth Anderson, Private Government: How Employers Rule Our Lives (And Why We Don't Talk About it) (2017). See also Julian Sempill, ‘ The Lions and the Greatest Part: The Rule of Law and the Constitution of Employer Power' (2017) 9 Hague Journal on the Rule of Law 283, 284-291 and 309-312.

7 John Stuart Mill, ‘Chapters on Socialism' in John Stuart Mill, On Liberty with The Subjection of Women and Chapters on Socialism

(edited by Stefan Collini) (1989) 227.

8 Albert Einstein, ‘ Why Socialism', Monthly Review (May 1949) reprinted in Monthly Review (May 1998).

9 Ibid.

10 Charles E Lindblom, Politics and Markets: The World's Politicaleconomic Systems (1977) ch 13. See also Julian Sempill, ‘ What Rendered Ancient Tyrants Detestable: The Rule of Law and the Constitution of Corporate Power' (2018) 10 Hague Journal on the Rule of Law.

11 Ibid 175.

12 Albert Einstein, ‘ Why Socialism', Monthly Review (May 1949)

reprinted in Monthly Review (May 1998). 13 https://www.abc.net.au/news/2018-02-01/donations-political

turnbull-election-millions-foreign-donations/9380014 14 http://cdn.getup.org.au/1955-1611_dark_money_full_report_ (1).pdf. The indexed threshold currently stands at $13 800 per annum.

15 Richard Baker, ‘Are our politicians for sale?', The Age, 24 May 2006,

15.

16 Joo-cheong Tham, Money and Politics: The Democracy We Can't Afford (2010) 4–6.

17 ‘Lobbying is a Legitimate Part of our Democracy', The Australian, 6

May 2014, 15.

18 Mccloy v New South Wales (2015) 257 CLR 178 [36].

19 Clive Hamilton, Silent Invasion: China's Influence in Australia (2018)

Chapter 4.

20 Ibid 86.

21 Royce Millar, ‘Brumby in rethink on fund-raising', The Age, 8

December 2009, 1.

22 Nigel Gladstone, ‘Liberal donations from events triple Labor ahead of NSW election', Sydney Morning Herald, 31 December 2018.

23 Max Koslowski, ‘Palmer set to top Labor, Libs with $50m poll spend', The Age, 18 January 2019, 4–5. For those doubtful of any unfairness resulting from Palmer's spending given the unlikelihood of his United Australia Party securing a single parliamentary seat, just imagine if those opposing Palmer's policies had the same budget – imagine if the hundreds of workers made redundant by Palmer's company, Queensland Nickel, who are still fighting to receiving their full entitlements, had $50 million to highlight their plight. 24 ‘Lobbying activities' and ‘Lobbyist' are defined in cl 3 of the Australian Government's Lobbying Code of Conduct (2013): https://lobbyists.pmc.gov.au/docs/lobbying_code_of_conduct. pdf

25 https://lobbyists.pmc.gov.au

26 Lobbying Code of Conduct, cl 3.5.

27 Australian National Audit Office, Management of the Australian Government's Register of Lobbyists (Report No 27, 2018): https://www.anao.gov.au/work/performance-audit/ management-australian-government-register-lobbyists 28 https://www.themandarin.com.au/88434-pmc-shrugs-off-audit

of-toothless-federal-lobbying-rules/

29 Western Australian Crime and Corruption Commission, Report on the Investigation of Alleged Misconduct concerning Dr Neale Fong, Director General of the Department of Health (2008) 5; Western Australian Crime and Corruption Commission, Report on the Investigation of Alleged Public Sector Misconduct Linked to the Smiths Beach Development at Yallingup, (2007) 6–7.

30 See Danielle Wood, Kate Griffiths and Carmela Chivers, Who's in

the Room? Access and Influence in Australian Politics (2018) 20–22. 31 NSW ICAC, Managing Post Separation Employment (1997) 7. 32 Ibid 9-11. 33 https://www.smh.com.au/national/liberal-andrew-robb-took880k-china-job-as-soon-as-he-left-parliament-20170602-gwje3e. html

34 Clause 2.25 of https://www.pmc.gov.au/sites/default/files/

publications/statement-ministerial-standards_1.pdf 35 https://www.smh.com.au/politics/federal/the-pharmacyguild-the-most-powerful-lobby-group-youve-never-heard-of20150401-1mckxl.html 36 https://grattan.edu.au/wp-content/uploads/2015/06/823

Premium-policy4.pdf 37 https://grattan.edu.au/news/turnbull-government-backs-phar

macies-over-consumers-yet-again/

38 Tony Wright, ‘ The worker's mate has a day on the piste with Kerry', The Age, 18 February 2010, 6; Mark Kenny, ‘Gillard to lunch with Murdoch', The Advertiser, 5 March 2011, 4; James Glenday, ‘Prime Minister Tony Abbott pushes for enhanced business ties on New York visit', ABC News, 10 June 2014.

39 Danielle Wood, Kate Griffiths and Carmela Chivers, Who's in the

Room? Access and Influence in Australian Politics (2018) 18.

40 NSW ICAC, Report on Investigation into North Coast Land

Development (1990) 29.

41 George Monbiot, Out of the Wreckage: A New Politics for An Age of

Crisis (2018) 134.

42 David Ritter, ‘Beautiful weather: The social politics of global

warming' 89(4) (Oct-dec 2018) Australian Quarterly 3, 8.

43 Quentin Beresford, Adani and the War Over Coal (2018) 5. 44 Hannah Aulby and Mark Ogge, Greasing the Wheels: The systemic weaknesses that allow undue influence by mining companies on government: a Queensland case-study (2016) 7–8. See also https://www.marketforces.org.au/politicaldonations2019/ 45 https://www.theaustralian.com.au/business/business-spectator/ the-man-who-killed-rudds-mining-tax/news-story/851da8b4dc8 9dc8f1d34b236eba50737; https://www.smh.com.au/business/asnip-at-22m-to-get-rid-of-pm-20110201-1acgj.html 46 https://www.smh.com.au/national/nsw/csg-industry-hires

wellconnected-staffers-20150515-gh2rg3.html 47 https://www.abc.net.au/news/2016-09-26/ian-macfarlane

appointed-to-run-queensland-mining-lobby/7876942

48 Danielle Wood, Kate Griffiths and Carmela Chivers, Who's in the

Room? Access and Influence in Australian Politics (2018) 18–19. 49 Clive Hamilton, Scorcher: The Dirty Politics of Climate Change (2007)

ch 1.

50 Hannah Aulby and Mark Ogge, Greasing the Wheels: The systemic weaknesses that allow undue influence by mining companies on government: a Queensland case-study (2016) 24–29; Danielle Wood, Kate Griffiths and Carmela Chivers, Who's in the Room? Access and Influence in Australian Politics (2018) 23. 51 https://www.smh.com.au/business/a-snip-at-22m-to-get-rid-of

pm-20110201-1acgj.html 52 https://www.abc.net.au/news/2018-08-28/alex-turnbull-says

coal-miners-have-undue-influence-on-liberals/10170908 53 https://www.sbs.com.au/news/

turnbull-calls-for-donation-prohibition

54 Joo-cheong Tham, Money and Politics: The Democracy We Can't

Afford (2010) ch 1.

55 https://www.icac.nsw.gov.au

56 ACTV v Cth (1992) 177 CLR 106; Unions NSW v NSW (2013) 304 ALR

266; Unions NSW v NSW [2019] HCA 1.

57 Mccloy v NSW (2015) 257 CLR 173; Unions NSW v NSW [2019] HCA 1. 58 Alexis de Tocqueville, Democracy in America (7th ed, translated by

Henry Reeve, 1874) 347 59 https://www.australiaday.com.au/events/

australia-day-address/2019-speaker-hugh-mackay/

60 G A Cohen, Why Not Socialism? (2009) 34–35.

61 For the High Court's recognition of public office as public trust,

see R v Boston (1923) 33 CLR 386.

62 John Stuart Mill, ‘Considerations of Representative Government'

in On Liberty and Other Essays (edited by John Gray) (1991) 207–8. 63 Ralph Miliband, Socialism for a Sceptical Age (1994) 90.

64 Hugh Mackay, Australia Reimagined: Towards a More

Compassionate, Less Anxious Society (2018) 246.

65 The Dalai Lama, A Call for Revolution: An Appeal to the Young People of the World (written by Sofia Stril-rever from private conversations with His Holiness) (2017) 28.

66 The Dalai Lama, A Call for Revolution: An Appeal to the Young People of the World (written by Sofia Stril-rever from private conversations with His Holiness) (2017) 31.

67 The Dalai Lama, A Call for Revolution: An Appeal to the Young People of the World (written by Sofia Stril-rever from private conversations with His Holiness) (2017) 244.

68 Hugh Mackay, Australia Reimagined: Towards a More Compassionate, Less Anxious Society (2018). 69 https://www.australiaday.com.au/events/ australia-day-address/2019-speaker-hugh-mackay/ 70 https://www.australiaday.com.au/events/ australia-day-address/2019-speaker-hugh-mackay/

Our decomposing democracy

1 Australian Bureau of Statistics Population projections 2017. 2 Anne Davies, The Guardian, 12 Dec 2017.

3 Leaflet outlining arguments FOR and AGAINST published under the authority of FL Ley, Chief Electoral Officer 6 April 1967. 4 Robert Menzies address to the National Press Club, Menzies MS 4936, NLA.

5 CLOSER LOOK SERIES, Parliamentary Education Office, www.peo. gov.au

6 Australian Electoral Commission: Electoral results by Divisions as quoted by Carr, Adam, http://psephos.adam-carr.net/, Wikipedia. 7 Ibid.