Leslie Massey
Voting in Australia is a compulsory civic duty for those on the electoral roll, enforced with a fine of up to $170 for non-compliance. The country's electoral system is primarily governed by the Commonwealth Electoral Act 1918, with distinctive features such as compulsory enrolment and voting, majority-preferential instant-runoff voting, and the single transferable vote proportional representation system for the upper house, the Senate. Elections are generally held every three years and are conducted by the independent Australian Electoral Commission (AEC). The AEC provides resources such as guidance for voters, assistance for those who need it, and translated information. Political parties also assist voters by producing how-to-vote cards to guide the ranking of candidates. Australians living or working overseas may be able to register as overseas electors, vote at Australian embassies or consulates, or vote by post. Eligibility to vote in state or territory elections varies for prisoners, depending on the laws of each state or territory.
| Characteristics | Values |
|---|---|
| Voting Eligibility | Australian citizens aged 18 years or older |
| Voting Compulsory | Yes, except for local elections in South Australia, Tasmania and Western Australia |
| Voting Process | In-person, postal, or at Australian embassies or consulates overseas |
| Voting Frequency | Federal elections must be held at least once every three years |
| Voter Turnout | Approximately 5% of enrolled voters do not vote at most elections |
| Ballot Type | Paper ballots with optional how-to-vote cards from political parties |
| Ballot Requirements | Voters must mark the ballot paper and deposit it into a ballot box |
| Special Cases | Prisoners may be disqualified from voting based on sentence length; varying laws for eligibility in state or territory elections |
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What You'll Learn
Voting from overseas
If you are an Australian citizen living or travelling overseas, you may still be able to vote in Australian state elections. Here is some information on how to do so:
Eligibility
Firstly, you must be enrolled to vote in Australia. If you have been overseas for less than three years, you can enrol to vote from outside Australia. If you have been overseas for more than three years, you are not eligible to enrol.
To enrol, you must intend to return to Australia within six years and have an Australian address to register. You cannot enrol for an overseas address. Instead, you must enrol in the electorate you were entitled to before leaving Australia.
Voting Options
If you are enrolled, you can vote in federal elections while overseas. You can vote at some Australian embassies or consulates, but not all. You can also apply for a postal vote. You must register as a general postal voter to automatically receive your postal ballot at your overseas address. It is essential to keep your address up to date.
For state and local government elections, if you are overseas on election day, you can vote in person before election day at any early voting centre in your state or territory. For local council elections, you can only vote in your council area or ward.
Registration
To register as an overseas elector, you will need to provide an Australian driver's licence, Australian passport number, Medicare Card number, or Australian citizenship number. If you do not have any of these, you can use a paper form.
Postal Voting
If you do not vote or apply for a postal vote, your registration and enrolment may be cancelled.
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Eligibility requirements
To be eligible to vote in Australian state elections, you must be enrolled to vote. Voting is compulsory for those enrolled, and failure to do so may result in a fine.
To enrol, you must be an Australian citizen aged 18 years or older. If you are living or working overseas, you may still be eligible to enrol as an overseas elector if you intend to return to Australia within six years and have an Australian address. However, not all states and territories allow overseas voting, and some may only permit specific voting methods.
If you are serving a prison sentence, your eligibility to enrol and vote in state or territory elections depends on the laws of the particular state or territory. In the Australian Capital Territory and South Australia, all prisoners are eligible to vote. In Victoria, prisoners must be serving a sentence of less than five years to be eligible. In Queensland, Tasmania, and the Northern Territory, prisoners must be serving a sentence of less than three years. Finally, in New South Wales and Western Australia, prisoners must be serving a sentence of less than one year to be eligible to enrol and vote.
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Polling places
When it comes to finding your designated polling place, there are several ways to locate it. Firstly, you can check the website of your local electoral commission or the Australian Electoral Commission (AEC) for a list of polling places in your area. They will provide the addresses and, in some cases, maps to help you find the most convenient location. Alternatively, you can contact the AEC directly to inquire about your nearest polling place. They can provide you with the address and any specific instructions for accessing the venue.
On election day, polling places are usually open during standard working hours, often from 8 am to 6 pm, or similar timings. It's important to plan your visit accordingly and allow sufficient time to reach the venue and cast your vote. When visiting a polling place, it is recommended to bring along identification, such as a driver's licence or passport, to facilitate a smooth voting process.
The polling places are staffed by election officials who are there to assist voters and ensure the process runs smoothly. These officials can help you with any queries or concerns you may have about casting your vote. They will also be able to provide you with a ballot paper and direct you to a private voting booth where you can mark your preferences. After marking your ballot, you will then place it in the designated ballot box, completing the voting process.
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Prisoners' voting rights
In Australia, the right to vote is not enjoyed equally by all citizens. While almost all Australians over 18 have the right and obligation to vote, prisoners serving a sentence of more than 3 years are ineligible to vote in federal elections for the duration of their imprisonment.
The Australian Human Rights Commission recognises that it may be unreasonable to exclude convicted criminals from the right to vote in certain circumstances. Human rights law suggests that any exclusion of prisoners must be 'objective', 'reasonable', and 'proportionate' to the offence and sentence.
In 2006, the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act stated that anyone in prison when the election writ is issued would be disqualified from voting. However, in 2007, the High Court of Australia deemed these provisions invalid, citing that they violated the Australian Constitution. As a result, prisoners serving sentences of less than three years can vote in federal elections.
The legislation regarding prisoners' voting rights varies across states and territories in Australia. While some jurisdictions have similar laws to the federal government, others may have unique regulations regarding the length of sentence that disqualifies prisoners from voting.
It is important to note that the right to vote is a fundamental human right and civil liberty, as set out in the International Covenant on Civil and Political Rights. The ability to vote empowers individuals and ensures equal access to the political process, contributing to a healthy democracy.
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Compulsory voting
Voting in Australia is compulsory for federal elections, by-elections, referendums, and state and territory elections. Compulsory voting was introduced for the Queensland state election in 1915, for federal elections in 1925, and for Victoria's Legislative Assembly in 1926.
Under the Commonwealth Electoral Act 1918, it is the "duty of every elector to vote at each election". This means that electors must enrol, attend a polling station, have their name marked off the electoral roll, receive a ballot paper, and take it to an individual voting booth to mark, fold, and place in the ballot box. While electors must perform these actions, there is no explicit requirement to make a choice—voters can choose to submit an informal vote, which does not count towards any political party and is effectively the same as choosing not to vote.
There are several arguments for and against compulsory voting. Proponents argue that voting is a civic duty, comparable to other duties like taxation and jury duty. They also point out that individuals can still abstain by voting informally if they wish. On the other hand, opponents argue that compulsory voting infringes on liberty and can be an onerous imposition on citizens, potentially leading to manipulation through vote buying.
As of January 2020, Australia was the only country among the 36 member states of the Organisation for Economic Co-operation and Development (OECD) with compulsory voting enforced in practice. However, penalties for failing to vote are not always strictly enforced. In Australia, those who do not vote are asked to explain their failure to do so, and if no valid reason is provided, a fine of up to $170 may be imposed.
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Frequently asked questions
Yes, voting is compulsory in Australia for federal elections, by-elections, referendums, and state and territory elections. You can enrol to vote from overseas if you are an Australian citizen aged 18 or older and intend to return to Australia within six years.
You can vote at polling places across Australia or at Australian embassies or consulates overseas.
You can find your nearest polling place by checking the website of your nearest Australian embassy or consulate.
Yes, persons serving prison terms may be disqualified from voting based on the length of their sentence and the state in which they are imprisoned.
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