The Lowering the Voting Age Bill 2023: Greens proposal for votes at 16 explained

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The Lowering the Voting Age Bill 2023: Greens proposal for votes at 16 explained

The Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023, introduced by Greens senator Jordon Steele-John, proposes to lower the minimum voting age for federal elections and referendums from 18 to 16 years. It would make voting voluntary for 16 and 17 year olds — they would be enrolled but not penalised for not voting — and expand access to provisional votes. The bill has been before the Senate since February 2023 and has not been debated.

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What the bill proposes to change

The Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023 proposes three main changes to Australia's electoral laws. First, it would lower the minimum voting age in federal elections and referendums from 18 to 16 years by amending the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. Second, it would provide that 16 and 17 year olds are included in the certified list of voters — meaning they would be enrolled — but would not be issued a penalty notice if they do not vote. Third, it would allow an eligible voter who is not yet on the electoral roll or not enrolled at their correct address to cast a provisional vote on election day.

The bill's official summary, published on the Parliament of Australia website, sets out these three elements. The design — compulsory enrolment but voluntary voting for under-18s — is a compromise position that seeks to address one common objection to lowering the voting age: that 16 and 17 year olds should not face fines for not voting.

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The legislation being amended

The bill amends the Commonwealth Electoral Act 1918, which is the principal Act governing federal elections. Among other things, this Act sets the voting age (currently 18, in section 93), establishes the electoral roll, provides for compulsory enrolment and voting, and regulates the conduct of elections. The bill also amends the Referendum (Machinery Provisions) Act 1984, which applies many of the same electoral machinery provisions to federal referendums.

Lowering the voting age to 16 would be a significant change to Australia's electoral framework. The voting age has been 18 since 1973, when it was lowered from 21 by the Whitlam government. Prior to 1973, the voting age had been 21 since Federation. If this bill were enacted, Australia would join a small group of countries — including Austria, Brazil, and Scotland (for devolved elections) — that allow voting at 16.

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Voluntary voting for 16 and 17 year olds

A distinctive feature of this bill is that while 16 and 17 year olds would be enrolled — their names would appear on the certified list of voters — they would not face the usual penalty for failing to vote. The official summary states they would 'not be given a penalty notice if they do not vote.' This creates a transitional arrangement: voting would be compulsory once a person turns 18, consistent with the current framework.

This design choice reflects the bill's attempt to balance two principles: the democratic right of young people to participate in elections, and the practical concern about penalising people who are still legally minors. It would make enrolment universal for Australians from age 16 while preserving the compulsory voting framework for adults.

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Expanded provisional voting

The bill's third element would allow eligible voters who are not yet on the roll, or not enrolled at their correct address, to cast a provisional vote on election day. Under current law, a person whose name is not on the certified list at a polling place may cast a declaration vote, but the bill would broaden this access. Provisional votes are subject to verification after election day — the Australian Electoral Commission checks the voter's eligibility and enrolment before the vote is admitted to the count.

This provision is not limited to 16 and 17 year olds; it would apply to all eligible voters. It addresses a known gap where people who have recently moved, or whose enrolment has not been processed, can be turned away at polling places. Expanding provisional voting access is a separate electoral reform from the voting age change, but is included in the same bill.

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Parliamentary status and outlook

The bill was introduced by Senator Jordon Steele-John, a Greens senator for Western Australia, on 8 February 2023. It is a private senator's bill, meaning it was not introduced on behalf of the government. The bill is listed as 'Before Senate' and, as of July 2026, had not progressed to debate — more than three years after its introduction.

The bill sits within a longstanding international and domestic conversation about lowering the voting age. Similar proposals have been introduced in previous parliaments and in state legislatures. The Australian Capital Territory considered lowering the voting age to 16 for territory elections in 2023, and the federal parliament's Joint Standing Committee on Electoral Matters has examined the issue in the context of electoral reform. As a private bill without government support, the bill's passage would require a change in the government's position or a successful crossbench-led initiative.

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