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 Alongside other outdated stigmatising terminology such as “idiocy”, “insanity” and “lunacy”, “unsound mind” has largely been removed from Australian law.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

Reducing Sales Friction Through Centralized Content Delivery

Sales friction appears whenever buyers or sales teams face unnecessary obstacles in the buying journey. It can happen when information is hard to find, when messaging feels inconsistent, when product ...

Daily Bulletin - avatar Daily Bulletin

Why Choosing the Right Bollard Supplier Matters for Australian Businesses and Public Spaces

From busy CBD streetscapes to sprawling warehouse loading docks, bollards have become one of the most essential safety and security fixtures across Australia. Whether protecting pedestrians from veh...

Daily Bulletin - avatar Daily Bulletin

Why Modular Content Is Transforming Modern Marketing Teams

Modern marketing teams are expected to produce more content than ever before. They need to support websites, landing pages, email campaigns, social channels, product pages, sales enablement material...

Daily Bulletin - avatar Daily Bulletin

Everything You Need to Know About Getting Support from Optus

Whether you've been an Optus customer for years or you've just switched over, at some point you'll probably need to contact their support team. Maybe your bill looks different from what you expected. ...

Daily Bulletin - avatar Daily Bulletin

The Marketing Strategy That’s Quietly Draining Sydney Business Owners’ Bank Accounts

Sydney businesses are investing more in digital marketing than ever before. The intention is clear. More visibility should mean more leads, more customers, and steady growth. However, many business ...

Daily Bulletin - avatar Daily Bulletin

Why Mining Hose Solutions Are Essential For High-Performance Industrial Operations

In environments where the ground itself is constantly shifting, breaking, and being reshaped, every component must be built to endure. Mining operations are among the most demanding in the industria...

Daily Bulletin - avatar Daily Bulletin

The Reason Talented Teams Underperform

If you’re in business, you might have seen it before. A team of capable and smart people just suddenly slows down, and things start spiraling out of control. On paper, everything looks perfect, but ...

Daily Bulletin - avatar Daily Bulletin

Why More Aussie Tradies Are Moving Away From Paid Ads

Across Australia, a lot of tradies are busy. There’s no shortage of demand in industries like plumbing, electrical, landscaping, and building. But being busy doesn’t always mean running a smooth or...

Daily Bulletin - avatar Daily Bulletin

Why Careers In The Defence Industry Are Growing Rapidly

The defence sector has evolved far beyond traditional roles, opening doors to a wide range of opportunities across technology, engineering, intelligence, and operations. This is where defense industry...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...

What to Look for in a Reliable Australian Engineering Partner

Choosing an engineering partner is rarely just about technical capability. Most businesses can fin...

How to Choose a Funeral Home That Supports Families with Care

Choosing a funeral home is rarely something families do under ideal circumstances. It often happen...

Why Premium Coffee Matters in Modern Hospitality Venues

In hospitality, details shape perception long before a guest consciously evaluates them.  Lightin...