Compulsory voting, notices and valid reasons explained

The short answer

Compulsory voting, notices and valid reasons explained

Compulsory voting in Australia means that every eligible Australian citizen aged 18 or older is required by law to enrol and to vote in federal elections. After each federal election the Australian Electoral Commission compiles a list of enrolled persons who appear not to have voted and sends each of them an apparent failure to vote notice. The recipient has a set period to respond by either providing a valid and sufficient reason for not voting or paying an administrative penalty. Valid reasons include illness, being overseas on election day, religious objection, natural disaster preventing travel, or other circumstances beyond the person's control. Simply forgetting to vote or being too busy is generally not accepted as a valid reason. If a person does not respond, does not provide a sufficient reason, or does not pay the penalty, the matter may be referred to court where a fine may be imposed. The process is administrative and graduated rather than punitive, and the AEC handles millions of such notices after each election.

This guide explains the federal position first. State, territory and local elections can use different rules, dates and ballot systems, so the commission named on your election material is the final operational source.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

The legal basis of compulsory voting

Compulsory voting at federal elections is established by section 245 of the Commonwealth Electoral Act 1918. The section creates an obligation for every elector to vote at each federal election. Failure to vote without a valid and sufficient reason is an offence, with a maximum penalty set by the Act. Compulsory voting was introduced for federal elections in 1924 following a decline in turnout at the 1922 election, where only around 59 per cent of enrolled voters cast a ballot. Since the introduction of compulsory voting, voter turnout at Australian federal elections has consistently exceeded 90 per cent. The obligation to enrol is found in section 101 of the Act and failure to enrol is also an offence. The AEC plays an educative role, working to help Australians understand their obligations and making voting as accessible as possible through early voting, postal voting, mobile polling and overseas voting services.

Evidence review

How the apparent failure to vote notice process works

After a federal election or referendum, the AEC cross-references the certified lists of electors marked at polling places against the electoral roll to identify enrolled persons whose names were not marked off. Each such person is sent an apparent failure to vote notice, often referred to informally as a 'please explain' letter. The notice explains that the AEC's records indicate the person did not vote and invites them to respond. The response options are to state that the person did in fact vote and provide details that would allow the AEC to verify this, to provide a valid and sufficient reason for not voting, or to pay an administrative penalty. The notice includes a deadline for response, typically around 21 days. If the person responds with a valid reason the matter is closed without penalty. If the person pays the penalty the matter is similarly finalised.

Evidence review

What counts as a valid and sufficient reason

The Commonwealth Electoral Act uses the phrase 'valid and sufficient reason' without providing an exhaustive list, leaving the AEC and ultimately the courts to determine what qualifies on a case-by-case basis. Accepted reasons include illness or infirmity that prevented attendance, being more than a specified distance from a polling place on election day, travel or residence overseas, religious beliefs that prohibit political participation, natural disasters such as floods or bushfires, and caring responsibilities for a person who required continuous attention. Objecting to compulsory voting on philosophical grounds is generally not accepted as a valid reason. Being unable to decide whom to support is also not a valid reason because Australian ballot papers allow voters to cast a formal vote without endorsing any candidate. The AEC assesses each response on its merits. If the reason is not accepted, the person is notified and given an opportunity to provide further information or pay the penalty.

Evidence review

Penalty amounts and court proceedings

The administrative penalty for not voting is set by regulation and is typically around 20 dollars. This is not a fine imposed by a court but an option available to the person at the notice stage. If a person does not respond to the notice, does not provide a valid reason, and does not pay the administrative penalty, the AEC may refer the matter to a court. If a court finds the person guilty, it may impose a fine which is higher than the administrative penalty, and the person may also be ordered to pay court costs. Court proceedings are relatively rare given the large number of apparent non-voters after each election, but they demonstrate that the obligation is enforceable. A person who pays the administrative penalty or is fined by a court has not committed a criminal offence in the usual sense and the matter does not result in a criminal record of the kind that would appear on a police check.

Evidence review

What happens if you are not enrolled or your details are wrong

The compulsory voting obligation applies only to persons who are enrolled. If a person is eligible but not enrolled, they will not receive an apparent failure to vote notice because the AEC has no record of them on the roll. However failure to enrol is itself an offence under section 101 of the Act. The AEC uses data-matching with other government agencies to identify potentially eligible but unenrolled persons and sends them enrolment forms. If your name has changed or you have moved address without updating your enrolment, you may be incorrectly recorded on the roll and your name may not appear on the certified list when you attend a polling place. In this case you will be given a declaration vote and the AEC will check your enrolment status when the declaration vote is processed. You should update your enrolment as soon as possible to avoid this situation. Enrolment can be updated online through the AEC website in a matter of minutes.

Evidence review

State and territory compulsory voting differences

Compulsory voting also applies at state and territory elections in most Australian jurisdictions, with some differences. South Australia does not have compulsory voting for local government elections and New South Wales does not compel voting at local government elections. Western Australia's local government elections are voluntary. The state and territory electoral commissions administer their own apparent failure to vote processes independently of the AEC. A person who did not vote at a federal election may also receive a separate notice from their state electoral commission if they did not vote at a state election held around the same time. The valid reasons accepted at the state and territory level may differ from those accepted by the AEC. A voter who has a genuine reason for not voting should respond to each notice separately with the relevant explanation.

Common questions

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