In 1984 the Australian Electoral Office was reformed through amendments to the Commonwealth Electoral Act 1918 and is currently known as the Australian Electoral Commission.[5]
During the 2023 Australian Indigenous Voice referendum, Opposition LeaderPeter Dutton claimed that the Commission’s counting process was “rigged”, on the basis that the AEC would count ticks as "yes" votes but would not count crosses as "no" votes.[7] Dutton’s comments were criticised as undermining faith in Australia’s electoral system and of echoing Trumpian misinformation regarding election integrity.[8]
Later in 2023, the Commission topped an annual Commonwealth government trust survey, with 87 per cent of respondents indicating some level of trust in the AEC’s running of the Commission's work, the highest trust rating of any government authority.[9]
Structure
The AEC is accountable to the Joint Standing Committee on Electoral Matters[10][5] of the Parliament of Australia, and must report on how elections were carried out and the success of elections in general.
As specified under the Commonwealth Electoral Act 1918, the AEC consists of a chairperson (a judge or a retired judge of the Federal Court of Australia), the Electoral Commissioner, and a non-judicial member (usually the Australian Statistician). The Electoral Commissioner has the powers of a secretary of a department under the Public Service Act 1999 and Financial Management and Accountability Act 1998. The chairperson and the third, non-judicial member both hold their offices on a part-time basis.[11]
The AEC's main role is to conduct federal elections, by-elections and referendums, maintain up-to-date electoral rolls, and administer redistributions undertaken by the separate Redistribution Committee (the Australian Electoral Commission is not directly involved in electoral boundary changes).[16] Under a joint roll arrangement with the states and territories, the AEC maintains enrolment for the whole of Australia, for rolls used in state and local government elections, other than Western Australia, The AEC publishes detailed federal election results and investigates electors who appear to fail to vote, or may have voted multiple times in an election.[17]
The AEC is also responsible for registering political parties intending to field candidates at federal elections, monitoring the activities of those political parties, including receiving returns from parties of donations and expenditures, and the publication of the information. The AEC also plays an electoral education role, aiming to educate citizens about the electoral process by which representatives are elected, and by which the Australian Constitution is changed (referendums). It also plays a role in industrial voting and protected action ballots (e.g., votes on industrial action).[citation needed]
The rules for federal elections are contained in the Commonwealth Electoral Act 1918, while the rules for referendums are contained in the Referendum (Machinery Provisions) Act 1984.[18][19]
In all jurisdictions, conditions relating to a party name require party names to have a maximum of six words, not be obscene and not to resemble the name of another, unrelated party, be likely to cause confusion with another party nor contain the word "independent" or "independent party".[21]
All Australian jurisdictions also have a minimum membership requirement, which differs widely, especially when compared with the total number of people enrolled in the jurisdiction. These range from 100 in the Australian Capital Territory and Tasmania, 200 in South Australia, 500 in Victoria and Western Australia, 1,500 for the Commonwealth and 750 in New South Wales. Four jurisdictions require a fee for registration: $500 for the Commonwealth, Victoria and the Northern Territory; and $2,000 for New South Wales.[21]
Since 1984, Australian political parties have been publicly funded by the AEC. The objective of public funding is to reduce the influence of private money upon elections, and consequently, the influence of private money upon the shaping of public policy. After each election, the AEC distributes a set amount of money to each political party, per vote received. A candidate or Senate group needs 4% of the primary vote to be eligible for public funding.[22]
In 2016, $62.7 million was distributed, with the funding rate being 262.784 cents per vote.[24]
Electoral roll
One of the functions of the AEC is the maintenance of the electoral roll, which in some other countries are called electoral registers. In Australia the process of getting onto the electoral roll is called "enrolment". The AEC maintains Australia's federal electoral roll, which is used for federal elections, by-elections and referendums. Australia has maintained a permanent federal electoral roll since 1908 and, by amendment to the Commonwealth Electoral Act, enrolment has been compulsory for federal elections since 1924.[25]
Though each state and territory also has its own electoral commission or office, voters need to register only with the AEC, which shares the registration details with the relevant state electoral bodies. The federal roll also forms the basis of state (except in Victoria and Western Australia, which maintain their own roll) and local electoral rolls.[26]
AEC registration covers federal, state and local election voter enrolment. In Australia and in each state or territory, it is an offence to fail to vote without valid or sufficient reason, at any federal or state election, and may be punishable by a nominal monetary penalty. The amount varies between federal and state jurisdictions. Usually, people are issued with warnings when it is found they have not voted, and are given an opportunity to show cause. Acceptable reasons for not voting may include being illness, being overseas on election day, religious belief, being incarcerated, etc. "I forgot" is not considered acceptable. Section 245 of the Commonwealth Electoral Act provides that if an elector has been asked the reason for failing to vote and declares a religious belief, this statement shall be regarded as conclusive with no further action being taken.[27]
Traditionally, voters could not register after the Close of Roll for an election. In 2004, the Howardgovernment passed legislation that prevented registration after 8 pm on the day the writs were issued. This can be up to 10 days after the election has been announced.[28] The legislation was considered controversial by some Australians, who contended it disenfranchised first-time voters, or those who forgot to update their enrolment. The law was repealed prior to the 2010 federal election, when advocacy groupGetUp! obtained a High Court ruling[29] the changes unconstitutional.[30] 16 and 17 year olds can provisionally enrol and able to vote when they turn 18.[31]
List of Australian Electoral Commissioners and predecessors
Prior to the creation of the AEC in 1984, the senior electoral officer was designed the Chief Electoral Officer of the Commonwealth.[32][bettersourceneeded]
Commissioner
Term Start
Term End
Chief Electoral Officers of the Commonwealth (1901–1984)
1 2 "The AEC's role". Australian Electoral Commission. Archived from the original on 6 September 2024. Retrieved 6 August 2024.
↑ Knott, Matthew (30 May 2014). "AFP to investigate thousands of cases of multiple voting in 2013 election". The Sydney Morning Herald. Archived from the original on 6 September 2024. Retrieved 30 May 2014. The AEC has come under unprecedented scrutiny following the loss of 1400 ballots during a vote re-count in last year's Western Australia Senate election. This led to a re-run of the WA Senate election and the resignation of AEC Commissioner Ed Killesteyn earlier this year.
↑ "House of Representatives Committees". Parliament of Australia Library. 1.2. Archived from the original on 6 September 2024. Retrieved 6 September 2024. In addition to the Commission there is a Deputy Electoral Commissioner and an Australian Electoral Officer (AEO)/State Manager for each State and the Northern Territory. The two ACT divisions are managed by the NSW State Manager although an ACT State Manager is appointed during election periods.
↑ "Glossary". Australian Electoral Commission. Divisional Returning Officer (DRO). Archived from the original on 6 September 2024. Retrieved 6 September 2024.
↑ Muller, Damon (25 August 2022). "The process of federal redistributions: a quick guide". Parliament of Australia. Research Paper Series, 2022–23. Archived from the original on 6 September 2024. The process of a federal redistribution is complex and involves multiple steps. Importantly, the process is undertaken independently of the Government and the Parliament. However, redistribution decisions are often erroneously attributed to the Government or the Australian Electoral Commission (AEC). While the AEC administers the redistribution process, a population-based formula determines the number of seats each state and territory is entitled to and a Redistribution Committee decides on the name and shape of the boundaries. The Committee consists of the relevant state or territory's Australian Electoral Officer (a statutory appointment), Surveyor-General and Auditor-General (also typically statutory officers).
↑ "Managing the Commonwealth electoral roll". Australian Electoral Commission. Archived from the original on 6 September 2024. Retrieved 6 September 2024. You only need to complete one enrolment form to enrol for federal, state and local government elections. The electoral roll is shared with the relevant state electoral commissions to ensure you can vote in all elections.
↑ "Enrol to vote". Australian Electoral Commission. Archived from the original on 6 September 2024. If you are 16 or 17 you can enrol now so when you turn 18 you'll be able to vote.
The electoral system of Australia comprises the laws and processes used for the election of members of the Australian Parliament and is governed primarily by the Commonwealth Electoral Act 1918. The system presently has a number of distinctive features including compulsory enrolment; compulsory voting; majority-preferential instant-runoff voting in single-member seats to elect the lower house, the House of Representatives; and the use of the single transferable vote proportional representation system to elect the upper house, the Senate.
The Legislative Assembly of the Northern Territory is the unicameral legislature of Australia’s Northern Territory. The Legislative Assembly has 25 members, each elected in single-member electorates for four-year terms. The voting method for the Assembly is the full-preferential voting system, having previously been optional preferential voting. Elections are on the fourth Saturday in August of the fourth year after the previous election, but can be earlier in the event of a no-confidence vote in the government. The most recent election for the Legislative Assembly was the 2024 election held on 24 August. The next election is scheduled for 26 August 2028.
Elections in Australia take place periodically to elect the legislature of the Commonwealth of Australia, as well as for each Australian state and territory and for local government councils. Elections in all jurisdictions follow similar principles, although there are minor variations between them. The elections for the Australian Parliament are held under the federal electoral system, which is uniform throughout the country, and the elections for state and territory Parliaments are held under the electoral system of each state and territory. An election day is always a Saturday, but early voting is allowed in the lead-up to it.
Electorates of the Australian House of Representatives are single member electoral districts for the lower house of the Parliament of the Commonwealth. There are currently 151 electorates.
The Victorian Electoral Commission, or VEC, is the statutory body responsible for the running of state, municipal and various non-government elections in Victoria, Australia.
The second question of the 1967 Australian referendum of 27 May 1967, called by the Holt government, related to Indigenous Australians. Voters were asked whether to give the Commonwealth Parliament the power to make special laws for Indigenous Australians in states, and whether Indigenous Australians should be included in official population counts for constitutional purposes. The term "the Aboriginal Race" was used in the question.
In Australia, referendums are public votes held on important issues where the electorate may approve or reject a certain proposal. In contemporary usage, polls conducted on non-constitutional issues are known as plebiscites, with the term referendum being reserved solely for votes on constitutional changes, which is legally required to make a change to the Constitution of Australia.
An electoral roll is a compilation that lists persons who are entitled to vote for particular elections in a particular jurisdiction. The list is usually broken down by electoral districts, and is primarily prepared to assist election officials at polling places. Most jurisdictions maintain permanent electoral rolls, which are updated continuously or periodically, while some jurisdictions compile new electoral rolls before each election. Electoral rolls are the result of a process of voter registration. In most jurisdictions, voter registration is a prerequisite for voting at an election. Some jurisdictions do not require voter registration, and do not use electoral rolls, such as the state of North Dakota in the United States. In those jurisdictions a voter must provide identification and proof of entitlement to vote before being permitted to vote.
The Commonwealth Electoral Act 1918 is an Act of the Australian Parliament which continues to be the core legislation governing the conduct of elections in Australia, having been amended on numerous occasions since 1918. The Act was introduced by the Nationalist Party of Billy Hughes, the main purpose of which was to replace first-past-the-post voting with instant-runoff voting for the House of Representatives and the Senate. The Labor Party opposed the introduction of preferential voting. The Act has been amended on several occasions since.
In Australia, a redistribution is the process of redrawing the boundaries of electoral divisions for the House of Representatives arising from changes in population and changes in the number of representatives. There is no redistribution for the Senate as each State constitutes a division, though with multiple members. The Australian Electoral Commission (AEC), an independent statutory authority, oversees the apportionment and redistribution process for federal divisions, taking into account a number of factors. Politicians, political parties and the public may make submissions to the AEC on proposed new boundaries, but any interference with their deliberations is considered a serious offence.
The voting rights of Indigenous Australians became an issue from the mid-19th century, when responsible government was being granted to Britain's Australian colonies, and suffrage qualifications were being debated. The resolution of universal rights progressed into the mid-20th century.
The Court of Disputed Returns is a special jurisdiction of the High Court of Australia. The High Court, sitting as the Court of Disputed Returns, hears challenges regarding the validity of federal elections. The jurisdiction is twofold: (1) on a petition to the Court by an individual with a relevant interest or by the Australian Electoral Commission, or (2) on a reference by either house of the Commonwealth Parliament. This jurisdiction was initially established by Part XVI of the Commonwealth Electoral Act 1902 and is now contained in Part XXII of the Commonwealth Electoral Act 1918. Challenges regarding the validity of state elections are heard by the supreme court of that state, sitting as that state's court of disputed returns.
The 2010 Australian federal election was held on Saturday, 21 August 2010 to elect members of the 43rd Parliament of Australia. The incumbent centre-left Australian Labor Party led by Prime Minister Julia Gillard won a second term against the opposition centre-right Liberal Party of Australia led by Opposition Leader Tony Abbott and Coalition partner the National Party of Australia, led by Warren Truss, after Labor formed a minority government with the support of three independent MPs and one Australian Greens MP.
Rowe v Electoral Commissioner is a High Court of Australia case dealing with the requirement of the Australian Constitution that members of Parliament be "directly chosen by the people". The High Court held that Commonwealth legislation that sought to restrict the time in which a person may seek to enroll in an election or alter their enrolment details after the writs for an election have been issued was invalid.
Getup Ltd v Electoral Commissioner (2010) was a landmark decision made by the Federal Court of Australia on 13 August 2010 allowing Australians to enrol online in future elections. The Federal Court ruled in favour of GetUp! in their challenge of the Commonwealth Electoral Act 1918, that rejected first-time voter Sophie Trevitt's electronic enrolment application, after her electronic signature was deemed invalid.
Suffrage in Australia is the voting rights in the Commonwealth of Australia, its six component states and territories, and local governments. The colonies of Australia began to grant universal male suffrage from 1856, with women's suffrage on equal terms following between the 1890s and 1900s. Some jurisdictions introduced racial restrictions on voting from 1885, and by 1902 most Australian residents who were not of European descent were explicitly or effectively excluded from voting and standing for office, including at the Federal level. Such restrictions had been removed by 1966. Today, the right to vote at all levels of government is held by citizens of Australia over the age of 18 years, excluding some prisoners and people "of unsound mind".
Section 13 of the Constitution of Australia provides for three aspects of the terms of members of the Australian Senate: the timing of elections, the commencement date of their terms and for the Senate to allocate long (six-year) and short (three-year) terms following a double dissolution of the Parliament of Australia. While members of the House of Representatives and territory senators have a maximum three-year term, state senators have a fixed six-year term, subject only to the parliament being dissolved by a double dissolution.
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In Australia, voter registration is called enrolment. Enrolment is a prerequisite for voting at federal elections, by-elections and referendums, as well as all state and local government elections; and it is generally compulsory for enrolled persons to vote unless otherwise exempted or excused. Enrolment is compulsory for Australian citizens over 18 years of age who have lived at their current address for at least one month. Enrolment is not compulsory for persons with no fixed address who are not already enrolled. Residents in Australia who had been enrolled as British subjects on 25 January 1984, though not Australian citizens, continue to be enrolled, and cannot opt out of enrolment. For local government elections, an elector generally does not require to be an Australian citizen. Once enrolled, a person cannot opt out of enrolment. Enrolment is optional for 16- or 17-year-olds, but they cannot vote until they turn 18, and persons who have applied for Australian citizenship may also apply for provisional enrolment which takes effect on the granting of citizenship.
The next Australian federal election will be held on or before 27 September 2025 to elect members of the 48th Parliament of Australia. All 150 seats in the House of Representatives and likely 40 of the 76 seats in the Senate will be contested. It is expected that at this election, the Labor government of Prime Minister Anthony Albanese will be seeking re-election to a second term in office, opposed by the Liberal/National Coalition under Leader of the Opposition Peter Dutton.
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