The group, which includes legal, disability and civil society organisations, has said that when most adult Australians vote in the federal election on May 21, many people will be unfairly prevented from doing so because of a disability.
In the letter to Prime Minister Scott Morrison and Labor leader Anthony Albanese, the group calls for them to commit to reforms that are in line with Australia’s international human rights law obligations and recommendations for reform made by the Australian Law Reform Commission in 2014.
The commission’s Equality, Capacity and Disability in Commonwealth Laws report stated reforms should shift the focus to a person’s decision-making ability with respect to enrolment and voting as well as consideration for decision-making support and assistance when determining if a person meets the legal threshold.
The group has also focussed on what it describes as “archaic and offensive ‘unsound mind’ provisions in the Commonwealth Electoral Act 1918’’.
It said between 2008 and 2012, more than 28,000 people were removed from the federal electoral roll due to the “unsound mind” provisions.
Currently, the relevant section of the Act states that “a person of ‘unsound mind’ who is ‘incapable of understanding the nature and significance of enrolment or voting’ is not entitled to have their name on the electoral roll or to vote in any Senate or House of Representatives election”.
The group wants this to be replaced with wording referring to “voting at the relevant election” as people’s capability could change.
Down Syndrome Australia chief executive Ellen Skladzien said people with disabilities were missing out on their right to vote.
“It is extremely disappointing that, despite significant advocacy from DSA and others in the disability sector, these discriminatory laws are still in place,” Ms Skladzien said.
“Every Australian should have the right to have their say in the election.’’
Inclusion Australia chief executive Catherine McAlpine has also added her voice to the campaign.
“People with an intellectual disability should have a say about the future of Australia, but are routinely denied the right to vote in elections,” she said.
“We want that to change now with urgent law reform to restore their democratic rights, including consideration of supported decision-making.”
