General Right to Vote
Constitution:
(1980)
Section 51 states: "Subject to such disqualifications as Parliament
may prescribe, a person shall be qualified to vote at an election of member
to serve in the House of Representatives if, and shall not be qualified to vote
at such an election unless, he (a) is a Commonwealth citizen (within the meaning
of section 18) of the age of eighteen years or upwards; and (b) has such other
qualifications regarding residence or registration as may be prescribed."
Exclusion Based on Mental
Disability
Constitution:
(1980)
Section 42, subsection (1) states: "No person shall be qualified
to be appointed as a Senator who
(d) is mentally ill, within the meaning
of the Mental Health Act, 1975."
Section 48, subsection (1) states: "No person shall be qualified
to be elected as a member of the House of Representatives who
(c) is mentally
ill, within the meaning of the Mental Health Act, 1975."
Electoral Law:
(1990: Representation of the People)
Section 15, subsection (1) states: "No person is qualified to be
or to remain registered as an elector who
(a) is mentally ill, within the
meaning of the Mental Health Act."
Voter Assistance By Other
Citizens
Electoral Law:
(1990: Representation of the People)
Rule 15, subrule (5) states: "If a person referred to in subrule
(4) has no finger on either hand, the registration record card and the identification
card of the person shall be signed for and on behalf of the person by a friend
of his choice in the presence of the Assistant Registration Officer.
Rule 48 states: "Subject to rules 38 to 46, the Presiding Officer,
on the application of an elector who is physically incapacitated by blindness
from voting in the manner directed by these Rules, shall require the elector
to make oath in the form set out as Form No. 58 or 59 in the Prescribed Forms
Rules, as the case may be, and on the elector making such oath the Presiding
Officer shall, in the presence of the elector, the poll clerk and any other
polling agent who may be present, record the vote of the elector in the manner
directed by him."
Rule 49, subrule (1) states: "If an elector makes an application
to the Presiding Officer to be allowed on the ground of physical incapacity
other than blindness to vote with the assistance of another person by whom he
is accompanied (in these Rules referred to as 'the companion'), the Presiding
Officer shall require the elector to make oath in the form set out as Form No.
59 in the Prescribed Forms Rules."
Rule 49, subrule (2) continues: "On the elector making such oath
the Presiding Officer shall require the companion to make a declaration in the
form set out as Form No. 60 in the Prescribed Forms Rules, that the companion
is a qualified person within the meaning of this rule and has not previously
assisted more than one physically incapacitated person to vote at the election."
Rule 49, subrule (3) continues: "Upon the applicant and the companion
complying with subrules (1) and (2), and subject to rules 38 to 47, the Presiding
Officer shall grant the application, and thereupon anything which is by these
Rules required to be done to or by the elector in connection with the giving
of his vote may be done to, or with the assistance of, the companion."
Rule 49, subrule (4) continues: "For the purpose of this rule, a
person is qualified to assist a physically incapacitated person if that person
is either (a) a person who is entitled to vote as an elector at the election,
or (b) the father, mother, brother, sister, husband, wife, son or daughter of
the physically incapacitated elector and has attained the age of eighteen years."
Rule 49, subrule (1) concludes: "Nothing in this rule applies or
shall be deemed to apply to a person who is physically incapacitated by reason
of blindness."
Poll Worker Manuals:
Instruction Guide on the Election Process for Trainers: Produced by Elections
and Boundaries Commission (1996)
An elector who is incapacitated other than by blindness may be assisted
by a companion.
The elector must make an Affirmation and the companion must sign the
Declaration Form p 9
Off-Site Voting Alternatives
Electoral Law:
(1990: Representation of the People)
Rule 59 states: "An elector is eligible to be treated as a special
elector if he is
(j) unable or likely to be unable to go in person to the
polling station at which he is entitled to vote by reason of being (i) a patient
in a public hospital, or in a private hospital approved by the Commission, or
an inmate in a public institution
"
Rule 83 discusses provisions for physically incapacitated special electors.
Indelible Ink Excusal
Electoral Law:
(1990: Representation of the People)
Rule 15, subrule (4) states: "When a person who is being registered
is unable to sign his name because of illiteracy or physical disability, he
shall, subject to subrule (5), make an impression in ink on the original and
the duplicate of his registration record card and on his identification card
as follows: (a) with his right thumb; (b) with his left thumb, should he not
have a right thumb; or (c) with any other finger, should he not have any thumb.