Australian Voting Eligibility: Who Can Vote?

what makes you eligible to vote in australia

Voting is a crucial aspect of democracy in Australia, and it is compulsory by law for all eligible citizens to enrol and vote. Australian citizens aged 18 and over are eligible to vote in federal, state, and local elections. The franchise has been extended over the years to include Aboriginal people, non-British individuals, and immigrants from outside the British Empire who have acquired Australian citizenship. While prisoners may be disqualified from voting based on the length of their sentence, special rules apply to prisoners, citizens living overseas, military personnel, and homeless individuals. Enrolment is optional for 16 and 17-year-olds, who can enrol in advance to ensure they are eligible to vote as soon as they turn 18.

Characteristics Values
Nationality Australian citizen
Age 18 years or over
Residence Must be registered on the relevant electoral roll
Aboriginal people Allowed to vote since 1949
Non-British people Allowed to vote since 1949
Prisoners Depends on the length of their sentence and the state or territory

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Australian citizenship

Other ways to obtain citizenship include:

  • Being born in Australia and spending the first 10 years of your life there.
  • Being the spouse or partner of an Australian citizen while residing overseas.
  • Holding specific visas or having special skills that are of benefit to Australia.
  • Working in specific employment that requires travel outside Australia.

If you are a permanent visa holder who cannot meet the general requirements for citizenship in the near future due to personal circumstances, you can still apply and determine your eligibility.

To become an Australian citizen, you must submit a completed application form, pay the applicable fee, and pass a citizenship test. The test assesses your knowledge of Australia's history and society, as well as the responsibilities and privileges of citizenship. If your application is approved, you will be invited to participate in a citizenship ceremony and take the Australian Citizenship Pledge, after which you will officially become an Australian citizen.

It is compulsory by law for all eligible Australian citizens aged 18 and over to enrol and vote in federal, state, or territory elections. Enrolment is optional for 16- and 17-year-olds, but they cannot vote until they turn 18.

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Age requirements

In Australia, citizens who are 18 years old and above have the right to vote in federal elections. Australian citizens below 18 but at least 16 years old can enrol to vote, so they can cast their votes as soon as they turn 18. This is compulsory by law, and failure to vote without a valid reason may result in a fine.

The right to vote in Australia has not always been tied to citizenship. Before 1948, the basis for the franchise was the White Australia Policy, which restricted voting rights to British subjects. The Nationality and Citizenship Act of 1948 opened up the possibility of a right to vote based on Australian citizenship. Then, in 1983, the Commonwealth Electoral Act of 1918 was amended to make Australian citizenship the primary basis for the franchise from 26 January 1984.

However, there are still some British subjects who are not Australian citizens but are eligible to vote in Australia. These are British subjects who were on the electoral roll on 25 January 1984.

There are also varying laws for prisoners' eligibility to vote in different elections. For federal elections, prisoners serving a full-time sentence of less than three years must enrol and vote. 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 to be eligible. In New South Wales and Western Australia, prisoners must be serving a sentence of less than one year to be eligible.

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Registration

In Australia, it is compulsory by law for all eligible citizens to enrol and vote. Eligible citizens can enrol to vote when they turn 16 years of age, but they cannot vote until they turn 18. Enrolment is optional for 16- and 17-year-olds. To enrol, citizens must register with the Australian Electoral Commission (AEC). Registration can be completed online, via an enrolment PDF form, or by picking up an enrolment form at an AEC office. Citizens can check their current electoral enrolment by entering their personal details into the AEC's electoral enrolment verification system.

To vote in local, state, territory, or federal elections in Australia, people must be registered on the relevant electoral roll. The AEC maintains the electoral roll and is responsible for ensuring that elections are fair and legal. The AEC also conducts periodic door-to-door and postal campaigns to ensure that all eligible persons are registered in the correct electorate.

In addition to Australian citizens, most British subjects who are not Australian citizens but were on the electoral roll on 25 January 1984 are eligible to vote in federal elections. This eligibility stems from the Commonwealth Electoral Act 1918, which was amended in 1983 to make Australian citizenship the primary basis for the franchise from 26 January 1984.

Special enrolment options are available for citizens with unique circumstances, such as living overseas, having no fixed address, or being in prison. For example, prisoners serving a full-time sentence of less than three years in federal elections must enrol and vote. However, varying laws govern prisoners' eligibility in state or territory elections.

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Aboriginal recognition

To be eligible to vote in Australia, you must be 18 or over and an Australian citizen. British subjects who were on the electoral roll on 25 January 1984 are also eligible to vote, as are prisoners serving a sentence of less than three years.

Historically, Aboriginal and Torres Strait Islander people were excluded from the right to vote. The Commonwealth Franchise Act 1902 granted men and women of all states the right to vote, but First Nations people were excluded from this right unless they had the right to vote before 1901. Queensland, Western Australia, and the Northern Territory enacted laws specifically denying Aboriginal and Torres Strait Islander people the right to vote. In 1949, the Commonwealth Parliament passed an act affirming the right of Aboriginal people enfranchised in states to vote in federal elections. In 1962, the Commonwealth Electoral Act granted all First Nations people the right to enrol and vote in federal elections. However, enrolment was not compulsory for them as it was for other Australians. It was not until 1984 that First Nations people gained full equality with other electors under the Commonwealth Electoral Amendment Act 1983.

Despite these legislative changes, Aboriginal and Torres Strait Islander people are still not explicitly recognised in the Australian Constitution. In 2023, a proposal to establish an Indigenous advisory body to parliament was rejected by voters. This advisory body would have provided non-binding advice to the government on issues affecting Indigenous Australians and was intended to end centuries of silence and address ongoing injustices faced by Indigenous communities. The proposal was deliberately vague, leaving the specifics of the advisory body to be determined after its approval. However, opposition emerged from both conservative and progressive sides of the political spectrum, with arguments against the proposal including the introduction of race into the constitution and the notion that it would divide the nation.

The rejection of this proposal highlights the ongoing struggle for Aboriginal recognition in Australia and the need for further progress towards reconciliation. While legislative changes have granted Aboriginal and Torres Strait Islander people the right to vote, there is still work to be done to ensure their full participation and representation in Australia's democratic processes.

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Prisoners' rights

Voting in Australia is generally a right for citizens aged 18 and over. However, prisoners' rights to vote in Australia have been a source of debate. Voting is considered a fundamental human right, and compulsory enrolment has been legislated in Australia since 1924. This process reflects the nation's commitment to achieving a democratic process that accurately reflects public opinion and values.

In 2006, the Federal Coalition government introduced legislation to ban all prisoners from voting in federal elections. This was challenged in the High Court by Vickie Roach, an Indigenous Yuin woman, who argued that the ban directly infringed on the right to vote under the Australian Constitution. The Court ruled in her favour, deeming the ban invalid and upholding the right of prisoners to participate in federal elections.

Despite this ruling, prisoners in Australia continue to face challenges in exercising their right to vote. There are varying laws regarding prisoners' eligibility in different states and territories. For example, in the Australian Capital Territory and South Australia, all prisoners are eligible to vote, regardless of the length of their sentence. In Victoria, Western Australia, Queensland, Tasmania, and the Northern Territory, prisoners must be serving a sentence of less than a specified number of years to be eligible, with the threshold varying between one and five years. In New South Wales, prisoners serving less than one year are eligible, and in Queensland, prisoners are disenfranchised altogether at the state level.

The low voter turnout among prisoners is concerning, with reports indicating that only a small percentage of eligible prisoners are enrolled to vote. This may be due to a lack of access to enrolment forms and electoral information within correctional facilities. Additionally, the overrepresentation of Aboriginal and Torres Strait Islander people in prisons means that any disenfranchisement of prisoners disproportionately affects this group.

Frequently asked questions

Australian citizens aged 18 and over are eligible to vote in Australia.

Prisoners' eligibility to vote varies depending on the length of their sentence and whether it is a federal, state, or territory election. For example, in federal elections, prisoners serving a full-time sentence of less than three years must enrol and vote. In contrast, in New South Wales and Western Australia, prisoners must be serving a sentence of less than one year to be eligible.

Australian citizenship is the primary basis for the franchise. However, most British subjects who were on the electoral roll on 25 January 1984 and are not Australian citizens are also eligible to vote.

You can enrol to vote online, via an enrolment PDF, or by picking up an enrolment form at an Australian Electoral Commission (AEC) office.

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