Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

1.

The committee recommends that Section 155 of the Commonwealth Electoral Act 1918 be repealed and replaced by a new section which provides that the date fixed for the close of the rolls shall be 7 days after the date of the writ.

Government Response

Supported.

Yes

EPV Act

Implemented.

2.

The committee recommends that the provisions of the Commonwealth Electoral Act 1918 and the Electoral and Referendum Regulations 1940 that require provisional voters to provide proof of identity:

be repealed; and

that the Commonwealth Electoral Act 1918 be amended so that where doubt exists in the mind of the Divisional Returning Officer as to the bona fides of an elector who casts a declaration vote, that the Divisional Returning Officer is to compare the signature of the elector on the declaration envelope to the signature of the elector on a previously lodged enrolment record before making the decision to admit or reject the vote.

Government Response

Supported.

Yes

PV Act

Implemented.

Note that legislation passed included provisions requiring that where the Divisional Returning Officer is not satisfied the signature on the envelope is the signature of the elector, he or she is to make all reasonable attempts to contact the elector within 3 days after the election, to require the elector to provide evidence of his or her identity by the first Friday following the polling day for that election.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

3.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to provide that where an elector who has lodged a declaration vote at an election has been removed from the roll by objection action on the ground of non-residence and

(a) the omission occurred after the election prior to the election to which the scrutiny relates, or

(b) where there has been a redistribution of the state or territory that includes the division since the last election but one before the election to which the scrutiny relates, the omission from the roll was made before the last such redistribution, then:

if the address at which the elector claims to be enrolled at the time of voting is within the division for which he or she was previously enrolled, his or her House of Representatives and Senate votes will be counted; but

if the address at which the elector claims to be enrolled at the time of voting is in a different division in the same state/territory, his or her Senate vote will be counted, but his or her House of Representatives vote will not be counted.

Government Response

Supported in part.

Yes

Pending relevant legislation.

4.

The committee recommends that the Australian Electoral Commission amend declaration vote envelopes to include fields in which electors may enter their driver’s licence or Australian passport number, and:

in those cases where electors provide a driver’s licence or Australian passport number, or the elector has previously met the proof of identity requirements for enrolment, and the information provided on the envelope at the time of voting is sufficient to allow update of the electoral roll, the Australian Electoral Commission should update the roll on the basis of the information provided on the declaration envelopes; and

in other cases the Australian Electoral Commission undertake appropriate follow up action to encourage the elector to enrol through the normal enrolment process.

Government Response

Supported in principle.

No

Under consideration given costs of implementation.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

5.

The government consider amending the Commonwealth Electoral Act 1918 to:

allow the date of the witness signature on the postal vote certificate to be the determining date for validity of postal votes; and

to require postal voters and witnesses to confirm that the required voting actions were completed prior to the close of poll in the state/territory in which the electoral division for which the voter is enrolled, is located.

Government Response

Supported.

Yes

MOM Act

Implemented.

6.

The committee recommends that the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 be amended to remove the requirement that postal vote applications be signed by an applicant and a witness, in order to facilitate the lodgement of postal vote applications online, electronically, or in written form, to reduce the incidence of postal vote applications being deemed defective, thus leading to delays in the delivery of postal voting packs to electors.

Government Response

Supported.

Yes

MOM Act

Implemented.  Systems design in progress.

7.

The committee recommends that that the provisions of the Commonwealth Electoral Act 1918 and the Electoral and Referendum Regulations 1940 which provide that proof of identity for enrolment purposes be required, be amended to:

require that proof of identity be required for each elector once only; and

that proof of identity may be established by the provision of a drivers licence number, Australian passport number, or the signature of another person on the Commonwealth electoral roll who shall witness and attest to the identity of the applicant. Any one of these are to be considered as acceptable forms of proof of identity for electors enrolling within Australia.

Government Response

First bullet point: Supported in part.

Second bullet point: Supported.

Yes

MOM Act

Implemented.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

8.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to reinstate section 105 (1)(ba) in a form that will allow the Australian Electoral Commission to alter the address details for enrolled electors who have previously satisfied the proof of identity measures for enrolment, on the basis of information provided by electors in written form to the Australian Electoral Commission.

Government Response

Supported.

Yes

POM Act and MOM Act

Paragraph 105(1)(ba) of the Commonwealth Electoral Act 1918 was not directly reinserted into the Act.  However, section 382 inserted by the POM Act and amended by the MOM Act enables this recommendation to be implemented if the elector meets the requirements prescribed in the Electoral and Referendum Regulations 1940.

Implemented.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

9.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to allow for the creation, implementation and maintenance of an enrolment website designed to facilitate the receipt and use of information provided electronically by enrolled electors, in order to update the electoral roll.

Such a facility should only be provided for use by currently enrolled electors, who must be required to provide sufficient information to satisfy the Australian Electoral Commission that they are in fact the elector to whom the information relates, in the absence of a signature from the elector.

The facility must not allow any unauthorised access to the electoral roll and must not permit information contained on the electoral roll to be accessed or amended directly by any person other than an appropriately authorised Australian Electoral Commission officer.

Information provided through the facility must only be used by authorised Australian Electoral Commission officers to update the electoral roll, where that information has been subjected to and satisfies the same data integrity checks as is performed on information received through the submission of signed enrolment form.

Government Response

Supported.

Yes

POM Act

Implemented.

10

The committee recommends that the Commonwealth Electoral Act 1918 be amended to allow the Australian Electoral Commission to receive and use information for the purposes of directly updating the electoral roll, where that information has been:

provided by an elector or electors to an agency approved by the Minister as an agency which performs adequate proof of identity checks; and

the elector or electors have indicated their proactive and specific consent to opt in for the information to be used for the purposes of directly updating the electoral roll, and

the data has been provided by that agency to the Australian Electoral Commission for the purposes of updating the electoral roll.

Government Response

Supported in principle.

Yes

Pending relevant legislation.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

11

The committee recommends that in order to facilitate the enrolment of new citizens, that:

section 99A be amended to allow that a person who makes an application to become an Australian citizen in accordance with the Australian Citizenship Act 2007, be provisionally enrolled on the Commonwealth electoral roll at the time of making the application for citizenship, where they provide proactive and specific consent to opt in, with voting entitlement gained automatically once Australian citizenship has been granted; and

section 99B of the Commonwealth Electoral Act 1918, which provides that applicants for citizenship may apply for provisional enrolment in an election period, should be repealed as the amended section 99A will render it unnecessary.

Government Response

Supported.

Yes

Pending relevant legislation.

12.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to change the minimum age for provisional enrolment from 17 to 16 years.

Government Response

Supported.

Yes

MOM Act

Implemented.

13.

The committee recommends that the Australian Government enter into discussions with the State and Territory governments with a view to achieving a harmonised enrolment regime which leads to the use of a single enrolment form or enrolment process for the purposes of Commonwealth and state/territory enrolment.

Government Response

Supported.

No

Harmonisation initiatives are being pursued through the Electoral Council of Australia.

14.

The committee recommends that, in order to encourage the enrolment of young Australians, the Australian Electoral Commission introduce a national ‘Schools Bounty Scheme’ under which government and non-government schools, universities and technical colleges and the like would receive a specified amount for valid enrolment forms collected and forwarded to the Australian Electoral Commission.

Government Response

Noted.

No

Targeted enrolment activities undertaken in the lead up to the 2010 federal election are outlined at paragraphs 3.6.17 – 3.6.24 of the AEC’s first submission (submission 87) to this inquiry.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

15.

The committee recommends that the Australian Electoral Commission ensure national consistency wherever possible in the state/territory-based activities and strategies undertaken to facilitate roll management activities.

Government Response

Supported.

No

Implemented through the introduction of a national enrolment business plan.

16.

The committee recommends that the Australian Electoral Commission develop state and territory-based enrolment targets that reflect the contribution that is expected by each state and territory to the national enrolment target. Such targets should take account of the particular challenges faced in each state and territory and be reported annually in the Australian Electoral Commission’s annual report.

Government Response

Supported.

No

Implementation in progress.

17.

The committee recommends that the Australian Government provide ongoing and appropriate funding for the Australian Electoral Commission to establish, deliver and maintain a program similar in purpose to the former Aboriginal and Torres Strait Islander Electoral Information Service program to provide ongoing engagement with Indigenous electors.

Government Response

Noted.

No

Implemented. 

As part of the 2009-10 Budget process, the AEC received $13 million over four years to establish the Indigenous Electoral Participation Program (IEPP).  The IEPP is part of the Government’s Closing the Gap initiatives.

18.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to enable the provision of remote mobile polling at town camps, such as in Darwin and Alice Springs.

Government Response

Supported.

Yes

MOM Act

Implemented.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

19.

The committee recommends the Commonwealth Electoral Act 1918 be amended to incorporate a definition of homelessness modelled on those in the Victorian Electoral Act 2002 to facilitate enrolment or continued enrolment of homeless persons. This definition should include persons living in:

crisis accommodation; or

transitional accommodation; or

any other accommodation provided under the Supported Accommodation Assistance Act 1994.

Government Response

Supported.

Yes

MOM Act

Implemented.

20.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to allow mobile polling and/or pre-poll facilities to be provided at such locations and at such times as the Australian Electoral Commission deems necessary for the purposes of facilitating voting.

For example, mobile polling or pre-poll facilities should be able to be provided where there is likely to be sufficient demand for such facilities by homeless and itinerant electors, or in such other circumstances as warrant their use.

Government Response

Supported.

Yes

MOM Act

Implemented.

21.

The committee recommends that the Australian Electoral Commission ensure that staff engaged in providing advice or services to electors with special needs (eg homelessness, sight impaired) be provided with appropriate training on how to communicate effectively and with sensitivity to the needs of such electors.

Government Response

Supported.

No

Implementation in progress.  An online training package, ‘Assisting people who are blind or have low vision’ is available to AEC staff.

The AEC is currently reviewing and updating its polling staff training material.

22.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to allow pre-poll votes cast at a pre-poll voting centre in an elector’s home division prior to polling day to be cast as ordinary votes, wherever practicable.

Government Response

Supported.

Yes

POM Act

Implemented.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

23.

The committee recommends that, in order to ensure a continuing high standard of integrity applies to votes cast as home division pre-poll votes, electors who cast ordinary votes at pre-poll voting centres should still be required to sign a declaration at the time of voting, indicating that they are entitled to a pre-poll vote. A record of such declarations is to be kept by the Australian Electoral Commission for evidentiary purposes.

Government Response

Supported.

Yes

POM Act

Implemented.

24.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to require pre-poll votes cast as ordinary votes in an elector’s home division prior to polling day to be counted on polling night in the same manner as ordinary votes cast in polling places on polling day, wherever practicable.

Government Response

Supported in part.

Yes

POM Act

Implemented.

25.

The committee recommends that schedule 2 of the Commonwealth Electoral Act 1918 be amended to provide that being absent or expecting to be absent from an elector’s home division on polling day be a valid ground of application for postal or pre-poll voting.

Government Response

Supported.

Yes

MOM Act

Implemented.

26.

The committee recommends that schedule 2 of the Commonwealth Electoral Act 1918 be amended to allow fear for personal safety to be a ground for applying for pre-poll or postal votes.

Government Response

Supported.

Yes

MOM Act

Implemented.

27.

The committee recommends that, where possible, the Australian Electoral Commission should, prior to polling day, conduct as much of the preliminary scrutiny of pre-poll and postal votes on hand in home divisions as is possible, in order to increase the number of early votes counted in a timely manner following the close of the polls.

Government Response

Supported.

No

Implemented.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

28.

The committee recommends that the Australian Electoral Commission implement its proposed mobile polling and other election services to cater for mine workers in Western Australia for future elections. Such arrangements should also be provided in other states with a large number of mine workers such as Queensland and South Australia.

Government Response

Supported.

Yes

MOM Act

Implementation in progress for next election.

29.

The committee recommends that the definition of ‘hospital’ and ‘special hospital’ in the Commonwealth Electoral Act 1918 be amended to reflect the current definitions of aged care under the Aged Care Act 1997, and that any person residing or working in a residential aged care facility, including staff, should be able to vote at the mobile polling facility.

Government Response

Supported.

Yes

MOM Act

Implemented.

30.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to extend the period during which special hospital mobile polling may be conducted, to 12 days before polling day.

Government Response

Supported.

Yes

MOM Act

Implemented.

31.

In order to mitigate against possible accidental multiple voting, the committee recommends that the presiding officer of a mobile polling team be required to provide patients and residents of hospitals or special hospitals who vote with that mobile polling team, with a receipt or letter to indicate that they have, on that date, cast a vote with that mobile polling team.

Government Response

Supported.

No

Implemented.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

32.

The committee recommends that where a pre-poll voting centre (which may be a Divisional Returning Office) is to be located within a shopping centre, the Australian Electoral Commission work with shopping centre management to arrange appropriate access by campaign workers during the times where voting is possible, including where appropriate, specifying a requirement as part of its lease arrangements, that provides full access for parties and candidates to conduct their how to vote activities. Where such an arrangement is not feasible, the Australian Electoral Commission should ensure that political parties and candidates are advised of the alternative arrangements to be put in place to allow how to vote material to be made available in these centres.

Government Response

Supported in principle.

No

Implemented.

33.

The committee recommends that, in conjunction with the recommendation removing the requirement for applicant and witness signatures, the postal voting application form:

be made simpler and more user-friendly;

be gazetted at least 3 months prior to the expected date of an election where practicable; and

only that section of the form requiring completion by an applicant for a postal vote be gazetted as the approved form.

Government Response

First dot point: Supported.

Second dot point: Supported in principle.

Third dot point: Not supported.

No

Dot point 1 - Implemented.

Dot point 2 - Implemented.

Dot point 3 - Not supported by Government and not implemented.

34.

The committee recommends that the Australian Electoral Commission increase efforts to improve electors’ understanding of the federal voting systems and take appropriate measures to reduce the rate of informal voting, especially in electorates with a high percentage of electors from non-English speaking backgrounds.

Government Response

Supported.

No

Targeted activities undertaken in the lead up to the 2010 federal election are outlined at paragraphs 1.1.12 – 1.2.12 of the AEC’s Informality submission (submission 87.4) to this inquiry.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

35.

The committee recommends that:

Section 240 (2) of the Commonwealth Electoral Act 1918, which provides that the numbers on House of Representatives elections ballot papers are to be consecutive numbers, without the repetition of any number, be repealed, and

the savings provision contained in paragraph 270 (2), repealed in 1998, which provided that in a House of Representatives election in which there were more than three candidates, and where a full set of preferences was expressed on the ballot paper, but there were non-consecutive numbering errors, the preferences would be counted up to the point at which the numbering errors began, at which point the preferences were taken to have ‘exhausted’, be reinstated to the Commonwealth Electoral Act 1918, and

the Government amend the Commonwealth Electoral Act 1918 to provide a penalty provision sufficient to deter the advocacy of ‘Langer style voting’.

Government Response

Noted.

Yes

Government noted recommendation.

36.

The committee recommends that the Australian Electoral Commission adopt all recommendations contained in the report entitled Review of Ballot-Paper Formality Guidelines and Recount Policy prepared for the Australian Electoral Commission by Mr Alan Henderson, except for recommendation A(v) which is the subject of recommendation 37.

Government Response

Supported.

No

Implemented, with the exception of recommendation A(v), which was the subject of recommendation 37.

37.

The committee recommends that section 268(2) of the Commonwealth Electoral Act 1918 be amended to provide that in those cases where the Divisional Returning Officer responsible for considering the question of the formality of a ballot paper, is satisfied that the ballot paper is not informal, because the Divisional Returning Officer is satisfied that it is an authentic ballot paper on which a voter has marked a vote, the Divisional Returning Officer be required to annotate the ballot paper with the words ‘I am satisfied that this is an authentic ballot paper’.

Government Response

Supported.

Yes

MOM Act

Implemented.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

38.

The committee recommends that paragraph 209A(b) of the Commonwealth Electoral Act 1918 and paragraph 25A(b) of the Referendum (Machinery Provisions) Act 1984 be repealed, and replaced with the words ‘a feature approved by the Electoral Commission’.

Government Response

Supported.

Yes

MOM Act

Implemented.

39.

The committee recommends that the Australian Electoral Commission be resourced appropriately in order that it continue to provide high quality electoral services to the Australian population and to do so in a manner that does not compromise the integrity of the electoral system.

Government Response

Noted.

No

The 2011-12 Budget includes additional one-off funding of $10 million in 2011-12.  This funding is for maintaining the operating capacity of the AEC.  The funding was granted conditional to a review being undertaken of the AEC’s resourcing.  The review is due for completion in time to be considered in the context of the 2012-13 Budget.

40.

The committee recommends that the Australian Electoral Commission be required to continue with staging the National Tally Room at future elections.

Government Response

Supported in principle.

No

The National Tally Room was in operation for the 2010 federal election.

41.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to provide a flexible regime for the authorisation by the Australian Electoral Commission of approved forms, which will:

allow for a number of versions of an approved form;

enable forms to be tailored to the needs of specific target groups; and

facilitate online transactions.

Government Response

Supported.

Yes

MOM Act

Implemented.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

42.

The committee recommends that the Commonwealth Electoral Act 1918 be amended to enable the Australian Electoral Commission to manage its workloads in non-election periods by allowing enrolment transactions to be processed outside the division for which the person is enrolling, provided that those transactions are processed by a division that is within the same state or territory. This will permit workloads to be managed in the same manner as is currently permitted during election periods.

Government Response

Supported in part.

Yes

POM Act

Implemented.

43.

The committee recommends that the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 be amended to enable the use of electronic certified lists in polling places and pre-poll voting centres, with appropriate measures implemented to ensure the security of the equipment and data.

Government Response

Supported.

Yes

MOM Act

Implemented.  Systems design in progress.

44.

The committee recommends that the technical and operational changes proposed by the Australian Electoral Commission in submission 169, Annex 10, with the exception of those relating to photographing and photocopying of the roll (s 90A), (see recommendation 52) and prisoner voting (ss 93(8AA), 208(2)(c) and 221(3)) (see recommendation 47), be incorporated into the Commonwealth Electoral Act 1918 and Referendum (Machinery Provisions) Act 1984 when other amendments to these Acts are progressed.

Government Response

Supported.

Yes

Implemented in part.

These legislative amendments have been substantially implemented in Schedules 7 and 9 of the MOM Act and the Statute Law Revision Act 2010, however several amendments are pending further legislation.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

45.

The committee recommends that any recommendations in this report that propose amending the Commonwealth Electoral Act 1918 should, where also appropriate, be incorporated into the Referendum (Machinery Provisions) Act 1984, to ensure consistency between the provisions applying to elections and referenda.

Government Response

Supported.

Yes

All legislative amendments to the Commonwealth Electoral Act 1918 based on recommendations of the 2007 JSCEM Report also provided consistent amendments to the Referendum (Machinery Provisions) Act 1984.

Implemented.

46.

The committee recommends that the penalties imposed under s 328 of the Commonwealth Electoral Act 1918 ($1,000 for a natural person and $5,000 for a body corporate) be revised to ensure that they provide a greater deterrent.

Government Response

Supported.

Yes

Pending relevant legislation.

47.

The committee recommends that the Government amend the Commonwealth Electoral Act 1918 to reinstate the previous three-year disqualification for prisoners removed from s 93(8)(b) in 2006, to reflect the High Court of Australia’s judgement in Roach v Australian Electoral Commissioner that s 93(8AA) and s 208(2)(c) are constitutionally invalid.

Government Response

Supported in principle.

Yes

EPV Act

Implemented.

48.

The committee recommends that current provisions of the Commonwealth Electoral Act 1918 regarding the eligibility of overseas electors to enrol and vote at elections be retained.

Government Response

Noted.

No

Implemented.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

49.

The committee recommends that the Australian Electoral Commission continue to work with organisations representing electors who are blind or have low vision to investigate the viability and sustainability of assisted voting arrangements aimed at providing secret and independent voting for electors who are blind or have low vision.

Government Response

Supported.

Yes

POM Act

Assisted telephone voting was made available as an interim solution for the 2010 federal election. The AEC is now scoping the longer term solution, involving the provision of secret and independent voting services from any telephone.

50.

The committee recommends that the Commonwealth Electoral Act 1918 be amended so that:

where an item in the table in s 90B of the Act entitles a Senator or Member to receive one copy of a roll or certified list, that item be amended to permit the Senator or Member to opt for the relevant copy to be supplied in electronic rather than hardcopy form; and

where an item in the table in s 90B of the Act entitles a Senator or Member to receive three copies of a roll or certified list, that item be amended to permit the Senator or Member to opt to receive one of the copies in electronic rather than hardcopy form, and to receive either zero, one or two hardcopies.

Government Response

Supported.

Yes

MOM Act

Implemented.

51.

The committee recommends that the current counting system used for Senate elections be retained.

Government Response

Supported.

No

Implemented.

52.

The committee recommends that the current arrangements relating to the provision of electoral roll information to prescribed organisations for the purposes of identity verification under the Financial Transaction Reports Act 1988 or carrying out customer identification procedures under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 be retained.

Government Response

Noted.

No

Implemented.

Rec#

Recommendation

Leg. Change Required (Yes or No)

Relevant Legislation

Status

53.

The committee recommends that the current provisions of the Commonwealth Electoral Act 1918 relating to the inspection of electoral rolls be amended to explicitly prohibit the unauthorised photographing or photocopying of any roll that is made available for public inspection.

Government Response

Supported.

Yes

MOM Act

Implemented