Compliance program
Following the 2024 state and local elections, the ECQ will continue to implement its proactive compliance program. The compliance program aims to detect and discourage repeated non-compliance. A proactive compliance review is the simplest component of the ECQ’s compliance program. The more complicated formal audits or investigations may also occur from time-to-time.
For most offences relating to funding and disclosure, the ECQ has four years to identify potential non-compliance and take enforcement action (if appropriate). The ECQ deliberately resources its compliance program to maximise the number of reviews conducted over the four-year period.
Further information regarding the ECQ’s approach to compliance is outlined in the ECQ’s Compliance and Enforcement Policy for Funding and Disclosure Obligations (the Compliance Policy).
To start a compliance review, the ECQ reviews bank statements which participants such as candidates, registered political parties, or registered third parties (you) provided with your election summary returns, to identify potential issues. Potential issues may include discrepancies with disclosures, gifts (donations) or expenditures which have not been disclosed, incorrect use of an election-specific bank account, or a potential breach of a political donation or expenditure cap.
In many cases, this review may result in no issues (or only minor issues) being identified. In these cases, the review will be finalised, and no action will be needed from you. However, in other cases, the ECQ may need to engage in the following process:
Contact
We write to you seeking further information or documentation . This may include seeking an explanation about why a disclosure has not occurred or seeking further information regarding payments made (or missing) from your election-specific bank account.
Rectify
If there are discrepancies that need to be fixed - such as gifts (donations) or electoral expenditures which are not disclosed - the ECQ will ask you to make or amend those disclosures.
The ECQ will then review the new amendments to determine if they resolve the issues.
Review
Once explanations have been received and disclosures made (if applicable), the ECQ will determine whether enforcement action is required.
Alternatively, the ECQ will tell you if no further action is required.
Please keep in mind that if the ECQ writes to you seeking further information or documents, this does not necessarily mean that you have committed an offence. There may be many legitimate reasons why a discrepancy exists or why a transaction does not require disclosure.
In writing to you, the ECQ is seeking to identify the facts of the matter and then provide guidance on how the law applies in your circumstances.
The ECQ will endeavour to finalise compliance reviews within 15 business days of writing to you, excluding any period of time where the ECQ is waiting for information or documents. In some cases, a compliance review may take longer if we’re waiting for information from a third party, such as a bank. You will be advised if a delay is anticipated.
As of 31 March 2025, the ECQ has completed over 1,048 compliance reviews for state and local participants and elicited an additional $165,000 in new or amended disclosures.
If you are an election participant and have any concerns about the legitimacy of an email or notice received from the ECQ, please contact the Compliance team on 1300 881 665 for verification.