Advocates want law abolished after thousands taken off electoral roll for being of 'unsound mind'

Updated

Almost 5,500 Australians were removed from the electoral roll in 2011-12 because they were deemed to be incapable of understanding the nature and significance of enrolling and voting.

Disability advocates say there has been a 13 per cent rise in the number of people disenfranchised on the grounds of being of "unsound mind" since the 2007 federal election.

"We're concerned that this number will only grow as our population ages and the prevalence of conditions such as Alzheimer's and dementia increase," People with Disability Australia's (PWDA) Ngila Bevan said.

PWDA is calling on the Australian Law Reform Commission inquiry to recommend abolition of the "unsound mind" section of the electoral act.

The Human Rights Law Centre is backing the calls, saying the wording is vague and out of touch.

"It is archaic, derogatory and stigmatising language that does not reflect the true capacity of people with disabilities to make decisions about voting," HRLC advocacy and research director Emily Howie said.

"Any elector can object to a person voting if a doctor certifies that they are of 'unsound mind' and don't understand the nature and consequences of voting - it can be a family member, the people in an aged-care facility."

Section 93(8) disqualifies a person to have their name placed or retained on the electoral roll, and, in association, from voting, if they are found to be incapable of understanding the nature and significance of enrolling and voting, due to being of 'unsound mind' Commonwealth Electoral Act, 1918

The Public Interest Advocacy centre has joined the chorus of objections, saying a lack of understanding of the electoral system may not be limited to people with disabilities.

"It could be argued that people of 'sound mind' do not understand the 'nature and significance of enrolment and voting', and take chances or make 'bad' decisions, regardless of whether their disability impacts on their decision-making capacity," its submission says.

All three organisation have told the Law Reform Commission that an objector should be able to prove before an independent assessor that an elector lacks the capacity to make a choice.

They also argued that the provision is in conflict with Australia's international obligations on the rights of the disabled.

Ms Bevan says all Australians have the right to vote.

"People with disability should be provided with whatever supports they may need to exercise this fundamental right and act of citizenship," she said.

"This means a right to be on the electoral role, and the opportunity to cast a vote."

The Law Reform Commission's report into legal barriers to people with a disability is due to go to the Attorney-General by August 2014.

Data from the Australian Electoral Commission (AEC) suggests many Australians do not understand electoral law on updating their location.

Almost 126,929 people were "objected" or removed from the electoral roll in 2011, mostly because the AEC could not find them.

In 2007, 4,812 people were removed on the grounds of "unsound mind".

Topics: electoral-system, rights, disabilities, activism-and-lobbying, elections, australia

First posted