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You are here: Home Life in News Focus Australia's disenfranchised expats remain voteless

29/06/2009Australia's disenfranchised expats remain voteless

The Southern Cross Group say several hundred thousand disenfranchised Australian expatriates living around the globe have received a kick in the teeth from the Australian Parliament's Joint Standing Committee on Electoral Matters.

The Joint Standing Committee on Electoral Matters (JSCEM) believes existing electoral legislation on expat enrolment is wholly sufficient, although many Australian citizens overseas are presently prevented by law from enrolling to vote, and are therefore deprived of their franchise.
 
Australian electoral law currently prevents Australian citizens from enrolling to vote if it is more than three years since they left Australia to live abroad. This means that expats who are deleted from the electoral roll by the Australian Electoral Commission for whatever reason can find themselves voteless for the duration of their time abroad if they don't realise they have to enrol within that three year window.
 
In its May 2008 submission to the JSCEM's Inquiry, Australian diaspora advocacy and support organisation the Southern Cross Group (SCG) put forward the view that current electoral legislation may in fact now be unconstitutional, when viewed against the High Court's recent statements on the right to vote in the 2007 Roach prisoner voting case.
 
But the JSCEM has failed to assess expat enrolment rules against the High Court's pronouncement that the disenfranchisement of any group of adult citizens on a basis that does not constitute a substantial reason for exclusion from such participation would not be consistent with the Constitution.
 
Despite more than 65 submissions on the expatriate disenfranchisement problem to the JSCEM's Inquiry into the Conduct of the 2007 Election, the Committee's final report, tabled on 22 June 2009, will leave many loyal overseas Australians feeling despondent.


SCG Co-founder Anne MacGregor said from Brussels, "We are disappointed that the JSCEM did not undertake anything other than a very cursory review of current expat voting rules as part of this inquiry. While the other issues it chose to spend time investigating are worthy and will be in part peripherally helpful for those expat Australians who can still vote, that does not change the fact that any Australian citizen who is not presently on the electoral roll and who left more than three years ago remains stripped of a basic democratic right.  Very often disenfranchisement occurs because the expat just doesn't know about the applicable rules in time."

1 reaction to this article

Harry Bouwmeester posted: 02-07-2009 | 3:05 AM

I have a valid Dutch passport but live in Australia and have only ones in 20 years been given the chance to vote for the Dutch or European goverment.
I would love to be able to vote and think voting should be compulsory in The Netherlands as it is in Australia but perhaps made easier, currently people like my sister complains when a minority gets to rule, but she fails to see that this is because she can't bothered to get off her behind.

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