Ruqayyah Snyder
The voting rights of Indigenous Australians have been a contentious issue since the mid-19th century. While Indigenous people were technically granted voting rights in the mid-19th century, they faced numerous barriers to exercising this right. In the late 19th century, Queensland and Western Australia removed voting rights for Indigenous people. Following the Commonwealth Franchise Act 1902, Aboriginal people were denied the right to vote at the federal level unless they were enrolled to vote in a state beforehand. In 1949, the Commonwealth Electoral Act granted voting rights at the federal level to Indigenous people who could vote in their states or were members of the defence forces. However, this still excluded many Indigenous people. It wasn't until 1962 that all Indigenous Australians gained the right to enrol and vote in federal elections, though it was not compulsory. Full voting rights were achieved federally in 1984 when enrolment became compulsory for all Australians, including Indigenous people.
| Characteristics | Values |
|---|---|
| Year of Indigenous Australians gaining the right to vote | 1962 |
| Year of full voting rights granted federally | 1984 |
| Year of compulsory voting for all Australians | 1984 |
| Number of Aboriginal and Torres Strait Islander people denied the right to vote in the Northern Territory, Western Australia and Queensland | 30,000 |
| Year of the first federal electoral Act | 1902 |
| Year of the referendum that failed to recognise Aboriginal people in the constitution | 2023 |
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What You'll Learn
- Indigenous Australians were denied the right to vote in Queensland, Western Australia, and the Northern Territory
- The 1967 Referendum did not grant Indigenous Australians the right to vote
- Indigenous Australians gained the right to vote in 1962
- Full voting rights were not granted federally until 1984
- Indigenous Australians faced barriers to voting even when they had the right to do so
Indigenous Australians were denied the right to vote in Queensland, Western Australia, and the Northern Territory
In Western Australia, the Natives (Citizenship Rights) Act 1944 allowed Aboriginal people to vote only if they could speak English, had 'industrious habits' (worked hard), and didn't have certain medical conditions. Many had to show they were no longer part of their own community, and these regulations were referred to as the 'dog-collar act' or 'dog-act' due to their offensive nature.
The Commonwealth Franchise Act of 1902 further denied Aboriginal people the right to vote at the federal level unless they were enrolled to vote in a state as of January 1, 1901. This meant that even if Aboriginal people had gained the right to vote in their respective states, they were still denied the right to vote in federal elections.
It wasn't until 1962 that the Commonwealth Electoral Act was amended to give all Indigenous Australians the right to enrol and vote in federal elections, although enrolment was not made compulsory until 1984. This amendment was a result of the dedicated campaigning of First Nations activists and their allies, who fought for the voting rights of Indigenous Australians and brought attention to the injustices they faced.
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The 1967 Referendum did not grant Indigenous Australians the right to vote
The 1967 Referendum is often thought to have granted Indigenous Australians the right to vote. However, this was not the direct outcome of the referendum. Instead, the referendum sought to change two sections of the Australian Constitution, which previously excluded Indigenous Australians from being counted as part of the population.
The Australian Constitution, which came into effect in 1901, established the Commonwealth of Australia and has been notoriously difficult to change. Since 1901, 19 referendums have proposed 44 changes to the Constitution, and only eight changes have been agreed upon. The 1967 Referendum was one such occasion where Australians voted to change the Constitution, and it was one of the most successful national campaigns in Australia's history.
The specific changes made by the 1967 Referendum were to sections 51(xxvi) and 127 of the Constitution. Section 127 previously excluded "aboriginal natives" from being counted when determining the numbers of people in the Commonwealth or a state. This resulted in Indigenous Australians not being recognised as part of the Australian population, allowing states to create their own policies and resulting in dispossession, oppression, and control of Indigenous lives. The 1967 Referendum changed this by including Aboriginal and Torres Strait Islander peoples in the population count, allowing the Commonwealth to make laws for them.
While the 1967 Referendum did not directly grant Indigenous Australians the right to vote, it opened the door for further progress in this area. It is worth noting that Indigenous Australians had a complex history of voting rights before the referendum. In the mid-19th century, when responsible government was granted to Britain's Australian colonies, Indigenous Australians began to acquire voting rights alongside other male British adults. However, few Indigenous people were aware of or exercised these rights, and they faced various regulatory barriers. Queensland, Western Australia, and the Northern Territory introduced laws in the late 19th and early 20th centuries that effectively removed or restricted the voting rights of Indigenous Australians.
It was not until 1962, with the amendment of the Commonwealth Electoral Act, that all Indigenous Australians were given the option to enrol and vote in federal elections, although enrolment was not compulsory. This was further strengthened by the Commonwealth Electoral Amendment Act 1983, which made enrolment to vote compulsory for all Australians in federal elections, finally granting full equality to Indigenous Australians in the voting process.
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Indigenous Australians gained the right to vote in 1962
The voting rights of Indigenous Australians became an issue in the mid-19th century, when responsible government was granted to Britain's Australian colonies, and suffrage qualifications were being debated. Indigenous Australians began to acquire voting rights alongside other male British adults living in the Australian colonies from the mid-19th century. However, in the late 19th century, Queensland and Western Australia effectively removed voting rights for Indigenous Australians.
In 1901, the Commonwealth Franchise Act denied Aboriginal people the right to vote at the federal level unless they were enrolled to vote in a state as of 1 January 1901. State electoral laws continued those of the colonies.
In 1949, the Commonwealth Electoral Act reversed the narrow interpretation of Section 41 and confirmed that all those who could vote in their states could vote in federal elections. Additionally, those who had served in the military were expressly entitled to vote. However, this meant that almost all Indigenous people in Queensland and Western Australia, and those who were not registered to vote in the other states, were still not entitled to vote at the federal level unless they were current or former members of the defence forces.
In 1961, the federal government established the House of Representatives Select Committee on Voting Rights of Aborigines. The committee travelled widely throughout the country and interviewed 324 witnesses, almost half of whom were First Nations peoples. In its report, delivered late in 1961, the committee estimated that about 30,000 Aboriginal and Torres Strait Islander people had been denied the right to vote due to discriminatory legislation in the Northern Territory, Western Australia, and Queensland.
In 1962, the Menzies government amended the Commonwealth Electoral Act 1918 to enable all Indigenous Australians to enrol to vote in Australian federal elections. This amendment gave all First Nations people the option to enrol and vote in federal elections, although enrolment was not compulsory. Shortly after this, Western Australia and the Northern Territory gave Aboriginal people the right to vote in state elections.
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Full voting rights were not granted federally until 1984
The voting rights of Indigenous Australians became an issue in the mid-19th century, when responsible government was granted to Britain's Australian colonies, and suffrage qualifications were being debated. Indigenous Australians began to acquire voting rights along with other male British adults living in the Australian colonies from the mid-19th century. However, few were aware of their voting rights, and even fewer participated in elections.
In 1885, Queensland enacted laws specifically intended to deny Aboriginal and Torres Strait Islander people the vote. Western Australia followed suit in 1893, and the Northern Territory in 1922. In 1901, the Commonwealth Franchise Act denied Aboriginal people the right to vote at the federal level unless they were enrolled to vote in a state as of 1 January 1901.
In 1949, the Commonwealth Electoral Act reversed the narrow interpretation of section 41 and confirmed that all those who could vote in their states could vote in federal elections. Additionally, those who had served in the military were expressly entitled to vote. However, this still meant that almost all Indigenous people in Queensland and Western Australia, and those not registered to vote in the other states, were not entitled to vote at the federal level.
In 1962, the Menzies government amended the Commonwealth Electoral Act to enable all Indigenous Australians to enrol to vote in federal elections. However, enrolment was not compulsory. In 1984, full voting rights were finally granted federally when Aboriginal and Torres Strait Islander people were required to register on the electoral roll under the Commonwealth Electoral Amendment Act 1983. This Act made enrolling to vote at federal elections compulsory for all Australians.
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Indigenous Australians faced barriers to voting even when they had the right to do so
Indigenous Australians have faced barriers to voting even when they legally had the right to do so.
In the mid-19th century, Indigenous Australians began to acquire voting rights alongside other male British adults living in the Australian colonies. However, few Indigenous Australians were aware of their voting rights, and even fewer participated in elections. This was due to a lack of encouragement to enrol to vote, as well as other regulatory barriers that prevented them from exercising their right to vote. For example, between 1858 and 1926, New South Wales disqualified persons receiving aid from "any public charitable institution" from voting, and anyone living in Aboriginal reserves was considered to be receiving aid.
In 1895, Indigenous women in South Australia acquired the vote. However, this right was not widely exercised. Queensland and Western Australia effectively removed voting rights for Indigenous Australians in the late 19th century.
Following Australian Federation in 1901, the Commonwealth Franchise Act 1902 denied Aboriginal people the right to vote at the federal level unless they were enrolled to vote in a state as of 1 January 1901. This meant that Aboriginal people who became eligible to vote in a state after the Commonwealth Franchise Act was passed were denied the right to vote at the federal level.
In 1949, the Commonwealth Electoral Act reversed the narrow interpretation of section 41 and confirmed that all those who could vote in their states could vote in federal elections. Additionally, those who had served in the military were expressly entitled to vote. However, this still meant that almost all Indigenous people in Queensland and Western Australia, and those who were not registered to vote in the other states, were not entitled to vote at the federal level unless they were current or former members of the defence forces.
In 1962, the Menzies government amended the Commonwealth Electoral Act 1918 to enable all Indigenous Australians to enrol to vote in Australian federal elections, although enrolment was not compulsory. Despite this, Indigenous Australians in Western Australia and the Northern Territory were still denied the right to vote in state elections. It was not until 1965 that Queensland finally granted voting rights to all Aboriginal and Torres Strait Islander people.
In 1983, amendments to the Electoral Act made enrolment compulsory for all Australians, including Aboriginal and Torres Strait Islander adults. This change required a concerted effort on the part of the re-named Australian Electoral Commission (AEC) to ensure the enrolment of Aboriginal and Torres Strait Islander voters, who may not have previously been enrolled. It was not until these amendments that Indigenous Australians gained full equality with other electors.
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Frequently asked questions
No, they did not. Queensland and Western Australia effectively removed voting rights for Indigenous Australians in the late 19th century. The Commonwealth Franchise Act 1902 also denied Aboriginal people the right to vote at the federal level unless they were enrolled to vote in a state as of 1 January 1901.
The Menzies government amended the Commonwealth Electoral Act 1918 to enable all Indigenous Australians to enrol to vote in Australian federal elections. However, enrolment was not compulsory.
In 1984, the Commonwealth Electoral Amendment Act 1983 made enrolling to vote at federal elections compulsory for all Australians, including Indigenous Australians.
