For many new migrants who have become Australian citizens, when their first federal vote comes around, there is a lot of information they are not familiar with, which can lead to mistakes in the process or even a failure to turn up to vote.
It is important to note that voting is compulsory in all federal elections in Australia. Anyone who does not vote, and who does not have a valid reason for not voting, faces a fine or even prosecution.
Going back to 1912, compulsory enrolment for federal election voting was introduced. From 1924 onwards, voting in federal elections became compulsory. All voting is governed by the Electoral Act 1918.
Enrolment
The Electoral Act requires all Australian citizens aged 18 and over to enrol to vote.
Australian citizens aged 16 and 17 can submit an enrolment application before they turn 18.
People who are not entitled to vote include:
Those of unsound mind who are unable to understand the nature and significance of enrolment and voting
Those convicted of treason, who are not entitled to enrol or vote
Those sentenced to imprisonment of three years or more
It is also unlawful to vote more than once in an election.
Voting
There are four ways to vote: ordinary voting, pre-poll voting, provisional voting, or absent voting.
Ordinary voting
Ordinary voting means going to a polling station, having your name marked off the electoral roll, receiving a ballot paper, marking your choices on it, and then placing the ballot paper into the ballot box.
Certain voters are permitted to vote outside the polling station, for example when they have a physical disability or illness or are pregnant. If a voter has a visual impairment, physical disability or is illiterate, the necessary assistance may be provided to them.
Pre-poll voting
Pre-poll voting or postal voting is available if, on election day, a person:
Is outside the state or territory in which they are enrolled;
Is outside the division in which they are enrolled to vote;
Is travelling and unable to get to a polling station;
Cannot leave their workplace to vote;
Is seriously ill, about to give birth, or caring for someone who is seriously ill;
Is a patient in a hospital and unable to vote at the hospital;
Has religious beliefs that prevent them from attending a polling station;
Is serving a prison sentence of less than three years or is otherwise in detention;
Is a silent elector (their address is not listed on the publicly available electoral roll for safety reasons);
Has reasonable concerns for their own safety.
Pre-poll voting can be done at a pre-poll voting centre in the voter’s division.
Voters who have been accepted as postal voters will receive a ballot paper in the mail together with a reply-paid envelope.
Provisional voting
Provisional voting may be used in the following situations:
The voter’s name cannot be found on the certified list of electors for the division;
The name is on the certified list, but the address is not on the list;
The list indicates that the person has already voted;
Identity cannot be confirmed;
The voter is provisionally enrolled (for example, when they are about to become an Australian citizen).
The person must sign a declaration in the presence of a polling official, who signs and dates the declaration envelope.
Absent voting
If a voter goes to a polling place on election day that is not within their own division but is within their state or territory, they may cast an absent vote.
Before receiving a ballot paper, they must state their address and sign a declaration.
Penalties for not voting
Under the relevant legislation, a person who does not vote may be fined or even prosecuted.
After election day, the Electoral Commissioner prepares a list of the names and addresses of electors who did not vote in each division. Within three months, the Divisional Returning Officer (responsible for elections in each division) must issue a penalty notice to every person on the list, unless they consider that the person:
Has died;
Was not in Australia on election day;
Was not eligible to vote;
Had a valid and sufficient reason for not voting.
The penalty notice will indicate that the person appears not to have voted as required, and that failing to do so without a valid and sufficient reason is an offence. If the person does not wish to have the matter taken to court, they have three options:
If they did in fact vote, provide details of the vote;
Provide a valid and sufficient reason for not voting;
Pay a fine of $20 to the Divisional Returning Officer.
If the person provides the information required and the Divisional Returning Officer is satisfied with it, or if the person pays the fine, the matter is closed.
If the person fails to provide a valid and sufficient reason for not voting, or does not pay the fine, they may be prosecuted. The court can impose a fine of one penalty unit (AUD 222) and order the person to pay court costs. If the person fails to pay the fine, the court may take further action, the specific type of which depends on the state or territory of conviction.
What counts as a valid and sufficient reason
A valid and sufficient reason is assessed by the Divisional Returning Officer on the merits of each case, in line with the outcomes of past cases. Valid reasons recognised by the High Court include illness, physical impediment, natural events, accidents, or being on the way to a polling place when saving a life, preventing a crime, or assisting in a disaster such as a fire.
Not wanting to vote for any of the candidates, or a personal objection to voting, is not regarded as a valid and sufficient reason.
Final note
A friendly reminder: with a new federal election approaching, eligible voters should keep a close eye on the relevant information, note the polling date, set a reminder, and go to a polling station on the day to cast their vote. Don’t suffer unnecessary loss or inconvenience just because you didn’t get the information in time.
