Read The Times Australia

Daily Bulletin

This election, many adults with disabilities won't be allowed to vote. That should change

  • Written by: Wendy Bonython, Associate Professor of Law, Bond University
This election, many adults with disabilities won't be allowed to vote. That should change

This Saturday, most Australians over 18 will vote in the federal election. The right to participate in elections is enshrined in international and domestic human rights law.

Under Australia’s Commonwealth Electoral Act, all citizens over 18 are eligible to be entered on the electoral roll and vote in federal elections. Failure to do so, if you meet these requirements, is an offence.

There are some exceptions. Along with people convicted of serious crimes, people of “unsound mind” are ineligible to enrol to vote if they are unable to understand the electoral process or significance of voting.

Typically, this includes people with incapacitating mental illness (such as untreated schizophrenia), or intellectual disability.

Some people won’t be enrolled to begin with. For some, a carer will apply to have them removed from the roll. Endorsement from a medical practitioner is required to have someone removed from the roll.

A need for law reform

“Unsound mind” is archaic language. It predates the 1918 Commonwealth Electoral Act. Historically, people of “unsound mind” were presumed to lack capacity to make legally recognised decisions. Alongside other outdated stigmatising terminology such as “idiocy”, “insanity” and “lunacy”, “unsound mind” has largely been removed from Australian law.

Further statutory reform has responded to the international Convention on the Rights of Persons with Disability, to which Australia is a signatory. This convention fundamentally changed the law of capacity, including for people with intellectual disability.

Read more: 'Don't shove us off like we're rubbish': what people with intellectual disability told us about their local community

Rather than paternalistically excluding people with disability from decision-making processes by denying them participation or permitting substitute decision-makers to make decisions on their behalf, the Convention requires that people with disability be supported in making their own decisions. That support includes provision of information at an appropriate level.

Guardianship laws, mental health laws, and medical decision-making laws throughout Australia have been updated to reflect a shift towards supported and participative models of decision-making for people with disability.

They reflect both the Convention on the Rights of Persons with Disability, and modern understandings of capacity, intellectual disability and mental illness. The Convention requires that people with disability have the right to participate in political processes, such as voting in elections.

Many Australians with intellectual disability have previously been declared ineligible to enrol under historic “unsound mind” provisions.

To become eligible, these Australians are required to positively demonstrate they can understand the electoral system, and the significance of voting. That usually requires medical evidence. No other group of prospective voters in Australia is required to demonstrate its competence to vote in this way, regardless of education, literacy, language or engagement with the political system.

This creates a discriminatory barrier for people with disability. It is inconsistent with international human rights law and other Australian law.

Read more: From 'demented' to 'person with dementia': how and why the language of disability changed

Is it feasible?

The Australian Law Reform Commission, in its inquiry into equality, capacity and disability in law, called for reform to the Electoral Act.

In its interim report, the commission called for the legislation to be reworded. Its final report called for the exclusion to be repealed entirely, recognising that retention in any form is discriminatory. Proposals for either reform have so far fallen on deaf ears, notwithstanding support from the Australian Electoral Commission.

Voters in booths from behind
The right to participate in elections is enshrined in international and domestic human rights law. AAP/James Ross

Australia is not the only country waiting to modernise its electoral laws. A range of other countries continue to exclude people with “intellectual disability” from voting. Several European nations such as France have progressively updated their laws. Change is feasible. It does not require that people who are permanently incapable of voting, vote.

One common argument against reforming voting laws to be more inclusive is a perception it would undermine the integrity of the electoral process. Critics claim people with intellectual disability are vulnerable to coercion and accordingly likely to be inappropriately influenced to vote a particular way. Others speculate institutions, such as aged-care facilities, may pressure their clients and residents to vote according to corporate objectives.

Read more: Australia once rejected 'feeble-minded' immigrants. While the language has changed, discrimination remains

In the United Kingdom, where voting is not mandatory, laws that prevented people from voting due to lack of mental capacity were overturned. People with any form of intellectual disability are eligible to vote. However, the law also expressly states decisions on whether to vote, and how to vote, remain the person’s alone. No one is entitled to exercise a vote on their behalf.

If electoral integrity is a concern, the solution is to ensure safeguards adequately protect voters with intellectual disability from inappropriate coercion. Give people with disability an option as to whether they vote, and provide support. Do not deny them access to a fundamental human right.

Authors: Wendy Bonython, Associate Professor of Law, Bond University

Read more https://theconversation.com/this-election-many-adults-with-disabilities-wont-be-allowed-to-vote-that-should-change-183130

Business News

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand ma...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Bridge...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...