'Unsound mind' change to electoral legislation

Under the now-repealed Parliamentary Electorates and Elections Act 1912, some people were disqualified from enrolling to vote if, because they were of 'unsound mind', they were 'not capable of understanding the nature and significance of enrolment and voting'.

People who were determined to be of unsound mind could be recorded as being disqualified and/or removed from the electoral roll if a medical certificate was provided in support of that disqualification.  

The new electoral legislation, the Electoral Act 2017, does not prevent people from voting on the grounds of being of 'unsound mind'.

In 2013, the Joint Standing Committee on Electoral Matters (JSCEM) released its report of an inquiry into New South Wales electoral legislation. The JSCEM recommended that the legislation remove the 'unsound mind' disqualification. This recommendation recognised that mental incapacity may be transient in nature and shouldn’t be the basis of an ongoing legal disqualification.

People who were previously disqualified from enrolling to vote can now vote. Contact the Australian Electoral Commission (AEC) to enrol to vote for the first time, change your enrolled name and/or address, or to get back on the electoral roll.

Voters who are not on the electoral roll can vote in person by making a declaration vote at a voting centre/polling place on election day, or at an early voting centre/pre-poll voting office in the two weeks before the election. To make a declaration vote, voters need to show photo identification, either a NSW Photo Card or NSW Driver Licence.

Only voters who are already on the electoral roll can use postal voting. This is because the application process for this voting method requires finding the voter on the electoral roll.

Once you are enrolled to vote, it is compulsory to vote at state and local government elections in New South Wales. You will be fined if you do not vote, unless you have sufficient reason for not voting.

The new legislation doesn’t impact on Commonwealth law – the expanded rules only apply to state and local government elections in New South Wales. Please check with the AEC to find out the situation for federal elections.