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In April 2003, the Clinic made a law reform submission to the Victorian Government which recommends that the Electoral Act 2002 (Vic) be amended to more effectively enfranchise people experiencing homelessness.
In 1996, more than 17,000 people in Victoria were homeless. Many more were at risk of homelessness. It is estimated that approximately 15,000 homeless people in Victoria are eligible voters. Estimates of the proportion of homeless people who are eligible but not registered to vote vary from 33 to 90 per cent. This suggests that between 4,950 and 13,500 homeless people could not vote in the 2002 State Election.
The Constitution Act 1975 (Vic) and the Electoral Act 2002 (Vic) determine who has the right to vote in Victorian elections and the procedure pursuant to which that right is exercised. The Clinic's submission examines the impact of the legal requirements relating to enrolment and voting on the exercise of the right to vote by homeless people in Victoria. The submission argues that the requirements and restrictions relating to "normal" electors may prevent and discourage homeless people from being noted on the electoral roll. The submission also argues that the provisions relating to "itinerant" electors should be reviewed, amended and targeted so as to enable homeless people to participate in elections regardless of the form of shelter in which they are resident prior to and at the time of elections.
The submission makes recommendations as to appropriate legal, social and administrative reforms aimed at enabling and empowering homeless people to enrol to vote, to exercise their right to vote, and to meaningfully participate in the democratic process.
The recommended reforms are crucial if the special interests and needs of people experiencing homelessness are to be articulated and addressed.
To view a copy of the Clinic's submission, please click here.
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