The 151 ballots that the NSW Liberals say should overturn the Bradfield result
Kapterian last week ended weeks of speculation and lodged a petition with the High Court, which sits as the Court of Dispute Returns to hear election challenges, in a bid to be declared victorious in Bradfield instead of teal MP-elect Nicolette Boele.
Boele, who will give her inaugural speech to federal parliament on July 28, won the once blue-ribbon Liberal seat after a recount of the northern Sydney seat in which she finished 26 votes ahead of Kapterian.
In her petition, Kapterian says the Australian electoral officer (AEO) – who is the electoral commission's manager in each state – 'wrongly rejected at least 56 of the reserved ballot papers, where those ballot papers indicated a preference, by the voter, for the petitioner ahead of the first respondent'. Boele is listed as the first respondent.
'In each such case the ballot paper was not informal and should not have been rejected,' the petition says, referencing examples such as the officer 'not being satisfied that the figure 1 in one square was distinguishable from the figure in another square'.
Kapterian has not seen the ballot papers, and her legal team will be provided with them once the AEC hands them to the court. However, her concerns were formed based on feedback and notes taken by scrutineers overseeing the final recount.
The AEO was tasked with reviewing and making rulings on 795 reserved ballot papers.
As well as the rejected ballots, Kapterian's petition says the AEO 'wrongly admitted at least 95 of the reserved ballot papers, where those ballot papers indicated a preference, by the voter, for the first respondent ahead of the petitioner'.
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There was a consensus that AI was being weaponised to harm children, from creating deepfakes - which digitally manipulate images and video to superimpose someone's face or voice - to generating child abuse material, creating the potential for exploitation, blackmail and bullying. MP Zali Steggall, who seconded Ms Chaney's bill, branded it every parent's worst nightmare. "When a criminal is downloading this technology to then create this material, that's going to have a lifelong impact on children and is really damaging," the independent MP said. "We need these guardrails with urgency, we need the government to show it can act quickly. "My concern is, amidst the paralysis of a broad review of AI, we have these very clear areas of harm that go unaddressed for months at a time ... this is a very clear area of harm identified that can be dealt with very quickly." International Justice Mission Australia chief executive David Braga called for the government to legislate a digital duty of care, requiring platforms to actively take steps to prevent harm. "Now is the time for the Australian government to strengthen the Online Safety Act to require companies ... to detect and disrupt child sexual abuse material in all its forms on their platforms," he said. Attorney-General Michelle Rowland said keeping vulnerable Australians safe was the government's priority, and it would consider the legislation. "Keeping young people safe from emerging harms is above politics and the government will give appropriate consideration to the private member's bill," she said in a statement to AAP. 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Independent MP Kate Chaney, who introduced the proposed laws, said the federal government needed to respond more nimbly to ensure it wasn't outpaced by technological developments, such as AI being used to exploit children with little consequence. The proposed laws contain small carve-outs for law enforcement and researchers. "This is just the start, but it's something that the government could do right now," Ms Chaney said after introducing her private member's bill on Monday. The legislation follows a roundtable on AI-facilitated child exploitation, which called for urgent action. Child safety advocates and law enforcement representatives at the roundtable called for AI literacy for young people, the use of new technology to detect child exploitation material, legal restrictions on downloading such apps and better resourcing for police to tackle the issue. There was a consensus that AI was being weaponised to harm children, from creating deepfakes - which digitally manipulate images and video to superimpose someone's face or voice - to generating child abuse material, creating the potential for exploitation, blackmail and bullying. MP Zali Steggall, who seconded Ms Chaney's bill, branded it every parent's worst nightmare. "When a criminal is downloading this technology to then create this material, that's going to have a lifelong impact on children and is really damaging," the independent MP said. "We need these guardrails with urgency, we need the government to show it can act quickly. "My concern is, amidst the paralysis of a broad review of AI, we have these very clear areas of harm that go unaddressed for months at a time ... this is a very clear area of harm identified that can be dealt with very quickly." International Justice Mission Australia chief executive David Braga called for the government to legislate a digital duty of care, requiring platforms to actively take steps to prevent harm. "Now is the time for the Australian government to strengthen the Online Safety Act to require companies ... to detect and disrupt child sexual abuse material in all its forms on their platforms," he said. Attorney-General Michelle Rowland said keeping vulnerable Australians safe was the government's priority, and it would consider the legislation. "Keeping young people safe from emerging harms is above politics and the government will give appropriate consideration to the private member's bill," she said in a statement to AAP. Lifeline 13 11 14 Kids Helpline 1800 55 1800 (for people aged 5 to 25) 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028
