Indigenous prisoners face voting hurdles ahead of Voice referendum

Indigenous prisoners face voting hurdles ahead of Voice referendum
Image: PM Anthony Albanese At The Yes23 Official Campaign Launch In Adelaide, August 30,2023. Photo: Mark Brake/AAP.

By ISABELLA GIBBS

As the nation gears up for the impending Voice Referendum, concerns loom over the low enrolment rates of Indigenous prisoners. Recent figures released by the Australian Electoral Commission (AEC) reveal that only 5 percent of eligible detainees successfully enrolled for the previous federal election, prompting worries about the disenfranchisement of this significant demographic group.

While there is a glimmer of hope in the Australian Capital Territory (ACT), where Acting Corrective Services Commissioner Narelle Pamplin has allowed prisoners to access the AEC website for online enrolment, the situation is far from equitable across the nation.

New South Wales (NSW) Corrective Services Commissioner Kevin Corcoran has not adopted a similar approach despite repeated requests. The conflicting action is gaining attention, particularly with the enrolment deadline swiftly approaching.

Justice Action Coordinator Brett Collins voiced these concerns, emphasizing the stakes involved.

“With 30 percent of detainees [nationwide] being Aboriginal, these low rates of enrolment for those in custody are concerning as the coming Voice Referendum aims to empower Indigenous voices.”

The Commonwealth Electoral Act mandates that prisoners serving sentences of fewer than three years must enrol and vote, with Prison Commissioners legally obligated to notify the AEC of incoming prisoners to update the rolls accordingly. However, compliance with these obligations remains questionable, given the persistently low enrolment rates among eligible prisoners.

Collins highlighted the legal obligations involved, stating, “prisoners serving under three years are eligible and legally required to enrol and vote. All Prisons Commissioners are legally required to notify the AEC of incoming prisoners each month and before the rolls close, in order to remove those with longer sentences from the roll.”

The AEC, entrusted with promoting awareness and facilitating enrolment for all eligible electors including detainees, is under scrutiny for not taking more proactive steps to ensure prisoner participation. The urgency of this scrutiny is ramping up as the enrolment deadline for the Voice Referendum approaches.

With the enrolment deadline for the Voice referendum fast approaching, the spotlight remains on governments and authorities to address the voting challenges faced by Indigenous prisoners. The discrepancy in approaches between jurisdictions, shown by the ACT’s proactive stance and NSW’s inaction, highlights the need for a nationwide solution to ensure that all eligible prisoners can participate in this pivotal democratic process.

“Detainees can enrol to vote using the ‘Prisoner Enrolment Form’ on the AEC website. We call upon Commissioners in all jurisdictions to have their staff assist the process by providing the necessary identification for full,” Mr Collins said.

“If the laws giving prisoners power are ignored then other laws’ validity can be questioned.”

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