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 Alongside other outdated stigmatising terminology such as “idiocy”, “insanity” and “lunacy”, “unsound mind” has largely been removed from Australian law.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

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...

How to Choose a Reliable Hot Water System Installer on the Gold Coast

Choosing a reliable installer is just as important as choosing the right hot water system. A qualifi...

How Microtask Platforms Support Modern Digital Promotion

Digital promotion has become increasingly complex. Businesses communicate with customers through w...

Cosmetic Dentistry Options From a Brisbane-Based Dental Team

You cover your mouth when you laugh. You skip the group photo. Maybe you edit pictures to soften a...

Essential Steps to Handle Sudden Tooth Pain and Dental Crises

A sudden, throbbing toothache can totally stop your whole day, with no warning. When severe pain, ...