Leslie Massey
In Australia, voting in federal, state, and local council elections is compulsory for eligible citizens aged 18 or older. While it is technically an offence not to enrol to vote, citizens are generally penalised for not casting their votes. The Electoral Act 1918 states that all Australian citizens over the age of 18 must enrol to vote, and the AEC provides resources for those who may need additional support with the process. The AEC also has checks in place to confirm eligibility and address details. Although enrolment is mandatory, there are no serious consequences for failing to enrol, and citizens who are not on the electoral roll can still vote by enrolling on election day.
| Characteristics | Values |
|---|---|
| Is it illegal to not register to vote in Australia? | Technically an offence, but no punishment for failing to enrol. |
| Who must enrol to vote? | Australian citizens over the age of 18. |
| Who can enrol to vote? | 16 and 17-year-olds, British citizens enrolled before 25 January 1984. |
| Requirements to enrol | Must have lived at a residential address for at least one month. |
| Penalty for not voting | Fines ranging from $20 to $222, depending on the state and whether notices are ignored. |
| What if you are overseas? | You can't be enrolled to vote if you don't have an Australian address. |
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What You'll Learn
Voting is compulsory in Australia
Eligible citizens must enrol to vote by registering their details on the electoral roll. While it is technically an offence not to enrol, citizens are generally not punished for failing to do so. However, it is an offence not to vote, and citizens who do not vote may be fined.
The process for issuing fines varies across states. In Queensland, the penalty for failing to vote is one penalty unit, valued at $161 as of 1 July 2024. Citizens who do not respond to the initial fine may receive an infringement notice, and if the fine remains unpaid, the matter may be referred to the State Penalties Enforcement Registry, where additional charges may apply. In Victoria, citizens who do not vote will be issued with an 'apparent failure to vote' notice, which they must respond to within 28 days. If citizens ignore this notice or their excuse for failing to vote is not accepted, they will be issued with an infringement notice and a fine of $92.
There are numerous methods by which citizens can vote, including standard voting, pre-polling, postal voting, provisional voting, and absent voting. Provisional votes are cast when a voter's name cannot be found on the certified list, when their name has already been marked off, or when the voter is registered as a silent elector. If a citizen is outside their electorate on election day, they can submit an absent vote at any polling place within their state or territory.
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Failure to enrol is an offence, but no punishment
In Australia, it is compulsory for all citizens aged 18 or older to enrol and vote in federal, state, and local council elections and by-elections. The Electoral Act 1918 states that all Australian citizens over the age of 18 must enrol to vote. However, there is no punishment for failing to enrol.
While it is technically an offence for eligible voters not to enrol, there is generally no punishment for this failure to enrol. Instead, the penalty is for not voting. If a person fails to enrol to vote before election day in NSW state and local elections, they can still vote in the electorate, ward, or council area where they live. Election officials will direct them on how to enrol on the day and complete a declaration vote.
The AEC estimates that 97.1% of eligible persons, or about 17,371,123 Australians, were enrolled to vote as of December 31, 2022. This leaves an estimated 513,463 eligible Australians who are not enrolled. Enrolling to vote in federal elections became compulsory in 1912, while actually voting became mandatory in 1924.
The penalties for not voting are outlined in section 245 of the Electoral Act 1918. After a federal election, the Electoral Commissioner compiles a list of people who failed to vote. Within three months, the AEC issues a penalty notice to everyone on the list, unless it is believed that the person voted. If a person receives a penalty notice despite having voted, they can inform the AEC of when and where they voted or provide a valid reason for not voting. If no action is taken, the person may be prosecuted and taken to court, with the fine rising to $222, plus court costs.
In Queensland, the penalty for failing to vote in an election is one penalty unit, valued at $161 as of July 1, 2024. The penalty under an apparent failure to vote notice is half of this amount, and non-voters need only pay $80 to resolve the matter. If no response is received, an infringement notice requiring payment of the full penalty amount may be issued.
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Failure to vote results in fines
Voting in Australia is compulsory for everyone aged 18 and older who has enrolled to vote. This includes federal, state, and local council elections and by-elections. In Queensland, it is compulsory for eligible Australian citizens, who are 18 or older, to vote in state elections, council elections, and state referendums.
Failing to enrol to vote is technically an offence, but citizens are generally not punished for this. Instead, penalties are imposed on those who do not vote. After an election, records are checked, and if it appears that someone has not voted, they may receive an 'apparent failure to vote notice'. This notice provides the opportunity to confirm whether the individual voted or explain why they did not.
If a valid and sufficient reason for not voting is not provided, a fine may be imposed. The fine for first-time offenders in Western Australia is $50, increasing to $75 for repeat offenders. In Queensland, the penalty for failing to vote is one penalty unit, valued at $161 as of 1 July 2024. If paid promptly, the fine is reduced by half to $80.
If no response is received to the initial notice, a penalty infringement notice may be issued, requiring payment of the full penalty amount. If the fine remains unpaid, the matter may be referred to the State Penalties Enforcement Registry (SPER) for further action and additional charges.
The Australian Electoral Commission (AEC) refers to the fine as an 'administrative penalty' rather than a fine, which is set at $20. However, if the matter goes to court, the fine can increase significantly. For example, an individual who failed to vote had to pay a total of $303 in 2017 after being fined the maximum amount in court, in addition to the AEC's legal fees.
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Exemptions for those overseas
While it is compulsory to vote in federal, state, and local council elections and by-elections in Australia, being overseas is a valid reason for not voting. If you are an Australian citizen who is overseas or planning to go overseas, you can remain on the electoral roll and vote in federal elections by completing an overseas notification form. This form cannot be used to update your enrolled address; you can only update your address when you return to Australia. You must enrol in the electoral division you were entitled to enrol in before leaving Australia.
To be eligible to enrol, you must intend to return to Australia within six years and have an Australian address. You can choose to become a General Postal Voter at the time of registering or at a separate time. As a registered overseas elector, you are required to vote in electoral events. You must register as a general postal voter to automatically receive your postal ballot at your overseas address. You can vote at some Australian embassies or consulates overseas, but not all. It is essential to check the website of your nearest Australian embassy or consulate to find out if you can vote there.
If you are moving overseas indefinitely, and do not intend to return to Australia, your name will be removed from the electoral roll, and you will not be able to vote in any federal elections held while you are overseas. If you return to Australia to live permanently, you need to re-enrol after you have been at your residential address for a minimum of one month.
If you are the spouse, de facto partner, or child of a person who is registered as an overseas elector, you can enrol to vote in federal elections if you intend to return to Australia within six years of your 18th birthday.
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Voting methods: postal, pre-poll, provisional, absent
In Australia, it is not illegal to not register to vote. However, voting is mandatory for those who are registered, and failure to do so can result in a fine. If you are unable to get to a polling place on election day, there are several alternative voting methods available, including postal, pre-poll, provisional, and absent voting.
Postal voting is an option for those who are unable to attend a polling place on election day. You can apply for a postal vote if you meet certain criteria, such as living in a remote area or having a disability that makes it difficult to attend a polling station.
Pre-poll voting allows voters to cast their ballots at an early voting centre before election day. This is convenient for those who may be travelling or otherwise unable to vote on the official election day.
Provisional voting is a method where voters who are unable to provide the required identification or enrolment documentation can still cast a vote. This vote is not counted immediately but serves as a record of the voter's preference. The vote will be counted if the voter provides the necessary documentation to the Australian Electoral Commission (AEC) within a specified time frame.
Absent voting is available for Australians who are overseas during a federal election or referendum period. They may be able to vote at an overseas voting centre or by post, ensuring that their voices are heard even when they are not in the country.
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Frequently asked questions
Yes, it is illegal not to register to vote in Australia. According to the Electoral Act 1918, all Australian citizens over the age of 18 must be enrolled to vote.
While it is technically an offence to fail to enrol, you will not be punished for this act. Instead, you will be penalised for not voting.
Failing to vote in Australia can result in a fine of $20 and potentially land you in court. The fine can increase to $222 if left unpaid, plus court costs.
There are three levels of elections in Australia: Federal, State, and Local elections.
