Australia

Table of Contents:

• General Right to Vote
• Exclusion or Potential Exclusion Based on Disability
• Assistive Tools and Policies
• Candidacy or Holding Office

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Section 93 states:

…all persons:

• (a) who have attained 18 years of age; and
• (b) who are:
  • (i) Australian citizens; or
  • (ii) persons (other than Australian citizens) who would, if the relevant citizenship law had continued in force, be British subjects within the meaning of that relevant citizenship law and whose names were, immediately before 26 January 1984:
    • (A) on the roll for a Division; or
    • (B) on a roll kept for the purposes of the Australian Capital Territory Representation …shall be entitled to enrolment [and to vote]...

 

Excerpt from the Commonwealth Electoral Act (1918, last amended 2005)

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Section 13, subsection (1) states:

The Governor-General may appoint a person to act as Chairperson:…

• (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 

Section 14, subsection (1) states:

The Governor-General may appoint a person to act as the non-judicial appointee:…

• (b) during any period, or during all periods, when the non-judicial appointee is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 

Section 19, subsection (3) states:

Subject to subsection (4), the Deputy Electoral Commissioner shall act as the Electoral Commissioner:…

• (b) during any period, or during all periods, when the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.

 

Section 25, subsection (1) states:

The Governor-General may terminate the appointment of an electoral officer by reason of misbehaviour or physical or mental incapacity.

 

Section 26, subsection (1) states:

The Governor-General may appoint a person to act as the Electoral Commissioner:…

• (b) during any period, or during all periods, when:
  • (i) the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; and
  • (ii) no person is acting as the Electoral Commissioner by virtue of holding the office of, or acting as, the Deputy Electoral Commissioner; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 

Section 27, subsection (1) states:

The Governor-General may appoint a person to act as the Deputy Electoral Commissioner:…

• (b) during any period, or during all periods, when the Deputy Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 

Section 30, subsection (2) states:

The Commission may appoint a person to act as Australian Electoral Officer for the Australian Capital Territory during any period, or during all periods, when the Australian Electoral Officer for the Territory is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.

 

Section 31, subsection (3) states:

An Assistant Australian Electoral Officer for a State shall act as Australian Electoral Officer for the State:…

• (b) during any period, or during all periods, when the Australian Electoral Officer for the State is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.

 

Section 61, subsection (6) states:

Where, within any period of not more than 30 days (being a period before the making under subsection 66(1) of a proposed redistribution of the State by the Redistribution Committee), 2 or more persons who are members of the Redistribution Committee die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the Redistribution Committee, the Electoral Commission shall, by instrument in writing, revoke the appointment of the Redistribution Committee and appoint, for the purposes of the redistribution, another Redistribution Committee for the State in accordance with subsections (2), (3), (3A) and (4).

 

Section 70, subsection (4) states:

Where, within any period (in paragraph (b) referred to as the relevant period) of not more than 30 days (being a period after the making under subsection 66(1) of a proposed redistribution of the State or Territory by the Redistribution Committee for the State or Territory), 2 or more persons who are members of the augmented Electoral Commission die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the augmented Electoral Commission:

• (a) the augmented Electoral Commission must reconsider all objections and comments lodged with the Electoral Commission under section 69 in relation to the proposed redistribution, being objections and comments that had previously been considered by the augmented Electoral Commission;
• (b) subsection 72(2) has effect as if the reference in that subsection to 60 days after the expiration of the period referred to in section 69 were a reference to 60 days after the expiration of the relevant period.

 

Section 93, subsection (8) states:

… A person who:

• (a) by reason of being of unsound mind, is incapable of understanding the nature and significance of enrolment and voting… is not entitled to have his or her name placed on or retained on any Roll or to vote at any Senate election or House of Representatives election.

 

Section 118, subsection (4) states:

The DRO shall not remove an elector’s name from the Roll … unless the objection is accompanied by a certificate of a medical practitioner stating that, in the opinion of the medical practitioner, the elector, because of unsoundness of mind, is incapable of understanding the nature and significance of enrolment and voting.

 

Section 184A, subsection (2) states:

An application [for registration as a general postal voter] shall be made on one of the following grounds:…

• (b) the applicant:
  • (i) is a patient at a hospital (other than a special hospital or a hospital that is a polling place); and
    • (ii) because of serious illness or infirmity, is unable to travel from the hospital to a polling place;
• (c) because of serious illness or infirmity, the applicant is unable to travel from the place where he or she lives to a polling place;
• … (f) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated as to be incapable of signing his or her name;…

 

Section 194, subsection (1) states:

The following requirements for postal voting shall be substantially observed…

• (f) if the elector cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the elector may, according to the directions of the elector, complete the postal vote…

 

Section 200E states:

Pre-poll voting:

(7) If the elector satisfies the officer that the elector cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the elector may, according to the directions of the elector, do any of the following acts:

• (a) fill in the pre-poll vote certificate with the required particulars;
• (b) read the certificate to the voter;
• (c) complete the certificate;
• (d) mark the elector’s vote on the ballot-paper;
• (e) fold the ballot-paper and return it to the officer.

(8) Directions under subsection (7) may be given by reference to a how-to-vote card…

 

Section 234A states:

(1) If the presiding officer at a polling place is satisfied that a voter is unable to enter the polling place because of physical disability, illness, advanced pregnancy or other condition, the presiding officer may allow the voter to vote outside the polling place, in close proximity to the polling place...

(5) If the voter also satisfies the presiding officer that he or she is unable to vote without assistance, the presiding officer may, with the voter’s consent, allow a polling official to mark and fold the voter’s ballot-paper.

 

Section 247 states:

(4) The person in charge of a station may, by instrument in writing, appoint a person (including the Assistant Antarctic Returning Officer) to act as the Antarctic Returning Officer for the station during any period, or during all periods, when the Antarctic Returning Officer for the station is absent from duty at the station, is absent from Antarctica, or is for any other reason unable to perform the functions of the office.

(5) The person in charge of a station may, by instrument in writing, appoint a person to act as the Assistant Antarctic Returning Officer for the station during any period, or during all periods, when the Assistant Antarctic Returning Officer for the station is acting as Antarctic Returning Officer for the station, is absent from duty at the station, is absent from Antarctica, or is for any other reason unable to perform the functions of the office.

 

Section 336, subsection (2) states:

Where a person who is unable to sign his or her name in writing makes a mark as his or her signature to an electoral paper, the mark shall be deemed to be his or her personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the electoral paper as such witness: Provided that nothing in this section shall authorize any person to sign any electoral paper by a mark or otherwise than in his or her own handwriting in cases where the Act or the regulations require that the electoral paper be signed in the persons’ own handwriting.

 

Excerpts from the Commonwealth Electoral Act (1918, last amended 2005)

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Section 98, subsection (3) states:

Where a person wishes to make a claim for enrolment, for transfer of enrolment or for age 17 enrolment and a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim, another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first-mentioned person.

 

Section 99, subsection (5) states:

If:

(a) a person wishes to make a provisional claim for enrolment; and

(b) a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim; another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the first-mentioned person.

 

Section 184A, subsection (2) states:

An application [for registration as a general postal voter] shall be made on one of the following grounds:…

• (b) the applicant:
  • (i) is a patient at a hospital (other than a special hospital or a hospital that is a polling place); and
  • (ii) because of serious illness or infirmity, is unable to travel from the hospital to a polling place;
• (c) because of serious illness or infirmity, the applicant is unable to travel from the place where he or she lives to a polling place;…
• (f) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated as to be incapable of signing his or her name;…”

 

Section 194 states:

The following requirements for postal voting shall be substantially observed…

• (f) if the elector cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the elector may, according to the directions of the elector, complete the postal vote…

 

Section 200E states:

Pre-poll voting:

(7) If the elector satisfies the officer that the elector cannot read or is so disabled as to be unable to vote without assistance, a person chosen by the elector may, according to the directions of the elector, do any of the following acts:

• (a) fill in the pre-poll vote certificate with the required particulars;
• (b) read the certificate to the voter;
• (c) complete the certificate;
• (d) mark the elector’s vote on the ballot-paper;
• (e) fold the ballot-paper and return it to the officer.

(8) Directions under subsection (7) may be given by reference to a how-to-vote card…

 

Section 200DL states:  

(1)  If the voter satisfies a voting officer that the voter cannot read or is so disabled as to be unable to vote without assistance, a person is chosen by the voter may, according to the directions of the voter, do any of the following acts:

      (d)  enter an unoccupied compartment of the voting place with the voter and mark the voter’s vote on the ballot paper;

      (e)  fold the ballot paper and deposit it in a ballot‑box.

(2)  Directions under subsection (1) may be given by reference to a how‑to‑vote card.

(3)  The other provisions of this Division have effect subject to this section.

 

Section 223 states:

In sections 224, 225 and 226, patient, in relation to a hospital, does not include a person attending the hospital as an out-patient.

 

Section 224 states:

(1) In this section, hospital means a hospital that is a polling place.

(2) Where:

• (a) a patient in a hospital is:
  • (i) in the case of a by-election—entitled to vote in that election; or
  • (ii) in any other case—an elector for the State or Territory in which the hospital is situated; and (b) the patient wishes to vote at the hospital; the presiding officer shall visit the patient for the purpose of taking the patient’s vote.

(3) When visiting the patient, the presiding officer shall:

• (a) take to the patient a ballot-box, a ballot-paper, and anything else necessary to enable the patient to vote; and
• (b) be accompanied by a polling official and such scrutineers (if any) as wish to attend.

(4) The visit to the patient shall be made between 8 a.m. and 6 p.m. on polling day or a day to which polling is adjourned.

(5) While the presiding officer is in the same room, ward or other place as the patient, this Act applies in relation to the taking of the vote of the patient as if the room, ward or place were part of a polling booth at a polling place.

(6) A polling booth at a hospital shall be attended by a polling official at all times when the presiding officer is absent from the booth for the purpose of visiting a patient.

 

Section 234 states:

(1) If any voter satisfies the presiding officer that his or her sight is so impaired or that the voter is so physically incapacitated or illiterate that he or she is unable to vote without assistance, the presiding officer shall permit a person appointed by the voter to enter an unoccupied compartment of the booth with the voter, and mark, fold, and deposit the voter’s ballot-paper. (1A) A presiding officer who is visiting a patient under section 224 or 225 for the purpose of taking the patient’s vote must explain to the patient the effect of subsection (1) of this section.

(2) If any such voter fails to appoint a person in pursuance of subsection (1) the presiding officer, in the presence of such scrutineers as are present, or, if there be no scrutineers present, then in the presence of:

• (a) a polling official; or
• (b) if the voter so desires, in the presence of a person appointed by such voter, instead of a polling official; shall mark, fold, and deposit his or her ballot-paper.

(3) Without limiting the generality of subsection (2), a voter to whom that subsection applies may indicate to the presiding officer the manner in which the voter wishes the presiding officer to mark his or her ballot-paper by presenting to the presiding officer a statement in writing (which may be, or include, a how-to-vote card) that specifies the manner in which the ballot-paper is to be marked.

(4) Where subsection (1) applies in relation to an absent or provisional voter, the presiding officer shall:

• (a) fill in the declaration referred to in subsection 222(1) or 235(2), as the case may be, with the required particulars as requested by the voter;
• (b) read the declaration to the voter;
• (c) complete and attest the declaration; and
• (d) cause the declaration to be witnessed by a scrutineer or, if no scrutineer is present, by a polling official.

 

Section 234A states:

(1) If the presiding officer at a polling place is satisfied that a voter is unable to enter the polling place because of physical disability, illness, advanced pregnancy or other condition, the presiding officer may allow the voter to vote outside the polling place, in close proximity to the polling place…

(5) If the voter also satisfies the presiding officer that he or she is unable to vote without assistance, the presiding officer may, with the voter’s consent, allow a polling official to mark and fold the voter’s ballot-paper.

 

Section 245, subsection (11) states:

If an elector is unable, by reason of absence from his or her place of living or physical incapacity, to respond to a penalty notice or to a notice under subsection (9) within the prescribed time, any other elector who has a personal knowledge of the facts may, subject to the regulations, respond to the notice within that time, and such response is to be treated as compliance by the first-mentioned elector with the notice.

                        

Excerpts from the Commonwealth Electoral Act (1918, last amended 2005)

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Section 13, subsection (1) states:

The Governor-General may appoint a person to act as Chairperson:…

• (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 

Section 14, subsection (1) states:

The Governor-General may appoint a person to act as the non-judicial appointee:…

• (b) during any period, or during all periods, when the non-judicial appointee is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 

Section 19, subsection (3) states:

Subject to subsection (4), the Deputy Electoral Commissioner shall act as the Electoral Commissioner:…

• (b) during any period, or during all periods, when the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.

 

Section 25, subsection (1) states:

The Governor-General may terminate the appointment of an electoral officer by reason of misbehaviour or physical or mental incapacity.

 

Section 26, subsection (1) states:

The Governor-General may appoint a person to act as the Electoral Commissioner:…

• (b) during any period, or during all periods, when:
  • (i) the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; and
  • (ii) no person is acting as the Electoral Commissioner by virtue of holding the office of, or acting as, the Deputy Electoral Commissioner; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 

Section 27, subsection (1) states:

The Governor-General may appoint a person to act as the Deputy Electoral Commissioner:…

• (b) during any period, or during all periods, when the Deputy Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 

Section 30, subsection (2) states:

The Commission may appoint a person to act as Australian Electoral Officer for the Australian Capital Territory during any period, or during all periods, when the Australian Electoral Officer for the Territory is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.

 

Section 31, subsection (3) states:

An Assistant Australian Electoral Officer for a State shall act as Australian Electoral Officer for the State:…

(b) during any period, or during all periods, when the Australian Electoral Officer for the State is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.

 

 Section 61, subsection (6) states:

Where, within any period of not more than 30 days (being a period before the making under subsection 66(1) of a proposed redistribution of the State by the Redistribution Committee), 2 or more persons who are members of the Redistribution Committee die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the Redistribution Committee, the Electoral Commission shall, by instrument in writing, revoke the appointment of the Redistribution Committee and appoint, for the purposes of the redistribution, another Redistribution Committee for the State in accordance with subsections (2), (3), (3A) and (4).

 

Section 70, subsection (4) states:

Where, within any period (in paragraph (b) referred to as the relevant period) of not more than 30 days (being a period after the making under subsection 66(1) of a proposed redistribution of the State or Territory by the Redistribution Committee for the State or Territory), 2 or more persons who are members of the augmented Electoral Commission die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the augmented Electoral Commission: (a) the augmented Electoral Commission must reconsider all objections and comments lodged with the Electoral Commission under section 69 in relation to the proposed redistribution, being objections and comments that had previously been considered by the augmented Electoral Commission; (b) subsection 72(2) has effect as if the reference in that subsection to 60 days after the expiration of the period referred to in section 69 were a reference to 60 days after the expiration of the relevant period.

 

Section 247 states:

(4) The person in charge of a station may, by instrument in writing, appoint a person (including the Assistant Antarctic Returning Officer) to act as the Antarctic Returning Officer for the station during any period, or during all periods, when the Antarctic Returning Officer for the station is absent from duty at the station, is absent from Antarctica, or is for any other reason unable to perform the functions of the office.

(5) The person in charge of a station may, by instrument in writing, appoint a person to act as the Assistant Antarctic Returning Officer for the station during any period, or during all periods, when the Assistant Antarctic Returning Officer for the station is acting as Antarctic Returning Officer for the station, is absent from duty at the station, is absent from Antarctica, or is for any other reason unable to perform the functions of the office.

 

Excerpts from the Commonwealth Electoral Act (1918, last amended 2005)