In 1984 the Australian Electoral Office was reformed through amendments to the Commonwealth Electoral Act 1918 and is currently known as the Australian Electoral Commission.[5]
During the 2023 Australian Indigenous Voice referendum, Opposition LeaderPeter Dutton claimed that the Commission’s counting process was “rigged”, on the basis that the AEC would count ticks as "yes" votes but would not count crosses as "no" votes.[7] Dutton’s comments were criticised as undermining faith in Australia’s electoral system and of echoing Trumpian misinformation regarding election integrity.[8]
Later in 2023, the Commission topped an annual Commonwealth government trust survey, with 87 per cent of respondents indicating some level of trust in the AEC’s running of the Commission's work, the highest trust rating of any government authority.[9]
Structure
The AEC is accountable to the Joint Standing Committee on Electoral Matters[10][5] of the Parliament of Australia, and must report on how elections were carried out and the success of elections in general.
As specified under the Commonwealth Electoral Act 1918, the AEC consists of a chairperson (a judge or a retired judge of the Federal Court of Australia), the Electoral Commissioner, and a non-judicial member (usually the Australian Statistician). The Electoral Commissioner has the powers of a secretary of a department under the Public Service Act 1999 and Financial Management and Accountability Act 1998. The chairperson and the third, non-judicial member both hold their offices on a part-time basis.[11]
The AEC's main role is to conduct federal elections, by-elections and referendums, maintain up-to-date electoral rolls, and administer redistributions undertaken by the separate Redistribution Committee (the Australian Electoral Commission is not directly involved in electoral boundary changes).[16] Under a joint roll arrangement with the states and territories, the AEC maintains enrolment for the whole of Australia, for rolls used in state and local government elections, other than Western Australia, The AEC publishes detailed federal election results and investigates electors who appear to fail to vote, or may have voted multiple times in an election.[17]
The AEC is also responsible for registering political parties intending to field candidates at federal elections, monitoring the activities of those political parties, including receiving returns from parties of donations and expenditures, and the publication of the information. The AEC also plays an electoral education role, aiming to educate citizens about the electoral process by which representatives are elected, and by which the Australian Constitution is changed (referendums). It also plays a role in industrial voting and protected action ballots (e.g., votes on industrial action).[citation needed]
The rules for federal elections are contained in the Commonwealth Electoral Act 1918, while the rules for referendums are contained in the Referendum (Machinery Provisions) Act 1984.[18][19]
In all jurisdictions, conditions relating to a party name require party names to have a maximum of six words, not be obscene and not to resemble the name of another, unrelated party, be likely to cause confusion with another party nor contain the word "independent" or "independent party".[21]
All Australian jurisdictions also have a minimum membership requirement, which differs widely, especially when compared with the total number of people enrolled in the jurisdiction. These range from 100 in the Australian Capital Territory and Tasmania, 200 in South Australia, 500 in Victoria and Western Australia, 1,500 for the Commonwealth and 750 in New South Wales. Four jurisdictions require a fee for registration: $500 for the Commonwealth, Victoria and the Northern Territory; and $2,000 for New South Wales.[21]
Since 1984, Australian political parties have been publicly funded by the AEC. The objective of public funding is to reduce the influence of private money upon elections, and consequently, the influence of private money upon the shaping of public policy. After each election, the AEC distributes a set amount of money to each political party, per vote received. A candidate or Senate group needs 4% of the primary vote to be eligible for public funding.[22]
In 2016, $62.7 million was distributed, with the funding rate being 262.784 cents per vote.[24]
Electoral roll
One of the functions of the AEC is the maintenance of the electoral roll, which in some other countries are called electoral registers. In Australia the process of getting onto the electoral roll is called "enrolment". The AEC maintains Australia's federal electoral roll, which is used for federal elections, by-elections and referendums. Australia has maintained a permanent federal electoral roll since 1908 and, by amendment to the Commonwealth Electoral Act, enrolment has been compulsory for federal elections since 1924.[25]
Though each state and territory also has its own electoral commission or office, voters need to register only with the AEC, which shares the registration details with the relevant state electoral bodies. The federal roll also forms the basis of state (except in Victoria and Western Australia, which maintain their own roll) and local electoral rolls.[26]
AEC registration covers federal, state and local election voter enrolment. In Australia and in each state or territory, it is an offence to fail to vote without valid or sufficient reason, at any federal or state election, and may be punishable by a nominal monetary penalty. The amount varies between federal and state jurisdictions. Usually, people are issued with warnings when it is found they have not voted, and are given an opportunity to show cause. Acceptable reasons for not voting may include being illness, being overseas on election day, religious belief, being incarcerated, etc. "I forgot" is not considered acceptable. Section 245 of the Commonwealth Electoral Act provides that if an elector has been asked the reason for failing to vote and declares a religious belief, this statement shall be regarded as conclusive with no further action being taken.[27]
Traditionally, voters could not register after the Close of Roll for an election. In 2004, the Howardgovernment passed legislation that prevented registration after 8 pm on the day the writs were issued. This can be up to 10 days after the election has been announced.[28] The legislation was considered controversial by some Australians, who contended it disenfranchised first-time voters, or those who forgot to update their enrolment. The law was repealed prior to the 2010 federal election, when advocacy groupGetUp! obtained a High Court ruling[29] the changes unconstitutional.[30] 16 and 17 year olds can provisionally enrol and able to vote when they turn 18.[31]
List of Australian Electoral Commissioners and predecessors
Prior to the creation of the AEC in 1984, the senior electoral officer was designed the Chief Electoral Officer of the Commonwealth.[32][better source needed]
Commissioner
Term Start
Term End
Chief Electoral Officers of the Commonwealth (1901–1984)
^ ab"The AEC's role". Australian Electoral Commission. Archived from the original on 6 September 2024. Retrieved 6 August 2024.
^Knott, Matthew (30 May 2014). "AFP to investigate thousands of cases of multiple voting in 2013 election". The Sydney Morning Herald. Archived from the original on 6 September 2024. Retrieved 30 May 2014. The AEC has come under unprecedented scrutiny following the loss of 1400 ballots during a vote re-count in last year's Western Australia Senate election. This led to a re-run of the WA Senate election and the resignation of AEC Commissioner Ed Killesteyn earlier this year.
^"House of Representatives Committees". Parliament of Australia Library. 1.2. Archived from the original on 6 September 2024. Retrieved 6 September 2024. In addition to the Commission there is a Deputy Electoral Commissioner and an Australian Electoral Officer (AEO)/State Manager for each State and the Northern Territory. The two ACT divisions are managed by the NSW State Manager although an ACT State Manager is appointed during election periods.
^"Glossary". Australian Electoral Commission. Divisional Returning Officer (DRO). Archived from the original on 6 September 2024. Retrieved 6 September 2024.
^Muller, Damon (25 August 2022). "The process of federal redistributions: a quick guide". Parliament of Australia. Research Paper Series, 2022–23. Archived from the original on 6 September 2024. The process of a federal redistribution is complex and involves multiple steps. Importantly, the process is undertaken independently of the Government and the Parliament. However, redistribution decisions are often erroneously attributed to the Government or the Australian Electoral Commission (AEC). While the AEC administers the redistribution process, a population-based formula determines the number of seats each state and territory is entitled to and a Redistribution Committee decides on the name and shape of the boundaries. The Committee consists of the relevant state or territory's Australian Electoral Officer (a statutory appointment), Surveyor-General and Auditor-General (also typically statutory officers).
^"Managing the Commonwealth electoral roll". Australian Electoral Commission. Archived from the original on 6 September 2024. Retrieved 6 September 2024. You only need to complete one enrolment form to enrol for federal, state and local government elections. The electoral roll is shared with the relevant state electoral commissions to ensure you can vote in all elections.
^"Enrol to vote". Australian Electoral Commission. Archived from the original on 6 September 2024. If you are 16 or 17 you can enrol now so when you turn 18 you'll be able to vote.
