Years of disclosure history about who has made donations to political parties and candidates in Victoria has been wiped from the public record after the High Court threw out all donation rules and left the state exposed to unchecked influence.

Political parties are frantically trying to make sense of the possible implications and have committed to transparency during the blackout period in the law, which overlaps with the Nepean by-election.

The Victorian Electoral Commission (VEC) disclosure page normally tracks all disclosed donations and has annual reports for all political parties, their nominated entities and third-party campaigners.

All these disclosures are no longer visible.

The webpage merely says: “VEC disclosures is under review following a recent High Court decision affecting Victoria’s political laws.”

A drone shot shows an aerial image of a suburban landscape near a beach and bay area.

The seat of Nepean on Victoria’s Mornington Peninsula will soon vote in a by-election. (ABC News: Maren Preuss)

The commission has begun informing political parties that the next round of electoral funding due this month has been suspended while the framework is invalid.

“We are currently working to provide up-to-date information about the rules and how they apply to all participants. We now await the government’s announced legislative response,” a VEC spokesperson said.

The Labor Party has told its candidates and MPs that maintaining integrity and transparency is essential, warning against accepting any donations from anyone who is not a permanent resident or citizen.

“All fundraising activities should continue as planned,” party state secretary Steve Staikos said in correspondence yesterday.

“The maintenance of complete donor details and records will best position us to comply with any new requirements.”

Mr Staikos said that as a result of the High Court decision, which threw out Victoria’s $4,970 cap on donations from individuals, “we cannot compel donors to adhere to the former cap”.

“However, if and when the government is successful in legislating a replacement … we should anticipate that a process will be put in place to return any amounts received above the legislated cap to the relevant donor,” he said.

Premier Jacinta Allan has vowed to move quickly to “bring back a strong framework of election integrity” but dismissed calls to recall parliament.

State parliament does not sit until budget day on May 5.

“Victorians deserve to have a system where they can see where the money is coming, who it is flowing to,” Ms Allan said earlier this week.

The government hopes to make any law retrospective.

‘Gaping hole’ left in Victoria’s integrity framework

The Liberal Party has committed to maintaining transparency and pledged to work with the government to enact laws as quickly as possible to maintain the integrity of the system.

Paul Hopper is one of the two independents who challenged Victoria’s donation laws on the basis that the laws gave major parties an unfair advantage through access to legacy funds.

He said the West Party he founded would fundraise transparently, regardless of whether there was a legal framework in place.

Paul Hopper, who is wearing a dark blue polo shirt, ran as an independent candidate at the last Victorian election

Paul Hopper says political parties should report donations in real time. (ABC News: Rudy De Santis)

“We already keep meticulous records of all donations, and we will publicly declare donations before the next election,” Mr Hopper told the ABC.

“We strongly support real-time reporting of donations.”

The Greens, Family First, the Victorian Socialists and the Shooters, Fishers and Farmers Party also committed to acting transparently and making donations public. 

The McKinnon Institute for Political Leadership’s democracy program director, Tom Mooney, said there was now a “gaping hole”, opening the by-election and November state election up to undisclosed donations and influence.

“Australians deserve to know who is donating money to political candidates and parties vying for their votes, and laws need to ensure a level playing field so that big money and foreign interests can’t buy elections,” Mr Mooney said.

He said the broad nature of the High Court’s ruling meant “anyone” could now donate to a political party in Victoria and “have absolutely no legal obligation to disclose that”.

“With a by-election coming up, this seriously concerns us,” he said.