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On 10 October 2005, the Federal Joint Standing Committee on Electoral Matters tabled its Report of the Inquiry into the Conduct of the 2004 Federal Election and Matters Related Thereto.
The PILCH Homeless Persons' Legal Clinic made detailed written and oral submissions to the Committee in relation to the ability of homeless people to exercise the right to vote. These submissions are quoted and referred to extensively throughout the report, with the issues of homelessness and voting being considered in detail at pages 14-17 and 129-133.
Click here for a copy of the Report
Click here for a copy of the PILCH Homeless Persons' Legal Clinic submission.
In its Report, the Committee makes the following findings and cites the following evidence in relation to the franchise of homeless voters:
- The right to vote is a fundamental right that is not exercisable by some people due to disadvantage and social circumstances.
- At the time of the 2004 Federal Election, up to 76 per cent of the 64,000 homeless people who were eligible to vote did not do so.
- At least 64 per cent of homeless people want to vote, but do not due to the complexity of the enrolment and voting processes.
- Further impediments to enrolment and voting for homeless people include: social exclusion; lack of information and misinformation about enrolment and voting (particularly itinerant enrolment); inaccessibility of enrolment information; and the inaccessibility of voting stations.
The Clinic's concerns about Government proposals to close the electoral roll on the day an election is called and to impose more onerous proof of identity requirements on enrolment, both of which have the potential to further disenfranchise homeless people, were noted.
Having regard to these findings and evidence, the Committee makes the following recommendations in relation to the enfranchisement of people experiencing homelessness:
- The Committee recommends that the Commonwealth Electoral Act be amended to require that electoral enrolment forms and information be displayed prominently at all times in every Australia Post, Centrelink and Medicare outlet to enable and encourage eligible persons to enrol and vote [Recommendation 1; PILCH Recommendation 14].
- The Committee recommends that, in consultation with homelessness assistance services, the AEC formulate, implement and report against a detailed, ongoing action plan to promote and encourage enrolment and voting among homeless persons and other marginalised and disadvantaged groups. The Committee also recommends that the AEC be adequately funded to develop and implement such a plan [Recommendation 2; PILCH Recommendation 1].
- The Committee recommends that, at a minimum and prior to the next Federal Election, the AEC target homeless persons in its public awareness campaigns to inform them about itinerant elector enrolment and other voting options, and that the AEC ensure that its training programs alert AEC staff to the needs of the homeless and other marginalised citizens [Recommendation 26; PILCH Recommendations 1, 6-7, 11].
If implemented, these recommendations have the potential to significantly enhance the franchise of people who are homeless.
The Clinic would like to thank the following law firms and volunteer lawyers for their substantial assistance in undertaking and collating research for the Clinic's submission: Allens Arthur Robinson (Elizabeth Bennett, Anna Brown, Sam Ure), Baker & McKenzie (Fiona Chapple, Angela Harrup, Siska-Novia Lund), Blake Dawson Waldron (Kate Griffiths, Sarah Lang, Stephanie Niall, Stacey Steele), Clayton Utz (Vanessa Baic), Mallesons Stephen Jaques (Sanjula Weerasinghe, Matt Drummond), Minter Ellison (Noelia Boscana, Geoff Earl, Ebony Sweetnam) and Phillips Fox (Tom Evans).
Most importantly, the Clinic would like to thank the 104 people who are homeless or formerly homeless who participated in the Clinic's consultative workshops and research for the project. Good public policy development requires the active participation of affected people and the Committee's findings and recommendations have been significantly informed by the important contributions of these people.
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