House of Representatives Committees

| Joint Standing Committee on Electoral Matters

Footnotes

Chapter 1 Introduction

[1] Senate, Journals of the Senate, No 12, 14 May 2008, p 390; No 5, 12 March 2008, pp 210–211.

[2] Joint Standing Committee on Electoral Matters, Report on the 2007 federal election electronic voting trials: Interim report of the inquiry into the conduct of the 2007 election and matters related thereto (2009), Commonwealth of Australia.

[3] Australian Electoral Commission, submission 169, pp 82–85.

[4] See for example, Joint Standing Committee on Electoral Matters, The 2004 federal election: Report of the inquiry into the conduct of the 2004 federal election and matters related thereto (2005), Commonwealth of Australia, pp 157–204; The 1998 federal election: Report of the inquiry into the conduct of the 1998 federal election and matters related thereto (2000), Commonwealth of Australia, pp 150–151.

[5] See for example, Australian Democrats, submission 56, pp 4–7; NSW Greens, submission 64, p 4; Kilcullen J, submission 85, p 6; Public Interest Advocacy Centre, submission 103, p 25; Getup, submission 155, pp 15–16; Doyle M, submission 46, p 2; Festival of Light, submission 67, p 7; Willis D, submission 126, pp 2–5.

[6] Australian Government, Electoral Reform Green Paper: Donations, funding and expenditure (2008), p 3.

Chapter 2 2007 election overview and key issues

[1] Australian Electoral Commission, submission 169, p 5.

[2] Australian Electoral Commission, Changes to the Commonwealth Electoral Act 1918 since the 2004 election (2007), Electoral Newsfile, p 2.

[3] Australian Electoral Commission, submission 169, p 5.

[4] Australian Electoral Commission, Electoral pocketbook: election 2007 (2009), p 52.

[5] Commonwealth Electoral Act 1918, ss 157 and 158.

[6] Joint Standing Committee on Electoral Matters, The 2004 federal election: Report of the inquiry into the conduct of the 2004 federal election and matters related thereto (2005), Commonwealth of Australia, p 52.

[7] Australian Electoral Commission, submission 169, p 32.

[8] Australian Electoral Commission, submission 169, p 32.

[9] Australian Electoral Commission, submission 169, p 32.

[10] Australian Electoral Commission, submission 169, p 32.

[11] Australian Electoral Commission, submission 169, p 32.

[12] Australian Electoral Commission, submission169.5, p 6.

[13] Joint Standing Committee on Electoral Matters, The 2004 federal election: Report of the inquiry into the conduct of the 2004 federal election and matters related thereto (2005), Commonwealth of Australia, p 86.

[14] Australian Electoral Commission, submission 169, p 30.

[15] Joint Standing Committee on Electoral Matters, Report on the 2007 federal election electronic voting trials: Interim report of the inquiry into the conduct of the 2007 election and matters related thereto (2009), Commonwealth of Australia, p 1.

[16] Joint Standing Committee on Electoral Matters, Report on the 2007 federal election electronic voting trials: Interim report of the inquiry into the conduct of the 2007 election and matters related thereto (2009), Commonwealth of Australia, p 63.

[17] Joint Standing Committee on Electoral Matters, Report on the 2007 federal election electronic voting trials: Interim report of the inquiry into the conduct of the 2007 election and matters related thereto (2009), Commonwealth of Australia, p 63.

[18] Joint Standing Committee on Electoral Matters, Report on the 2007 federal election electronic voting trials: Interim report of the inquiry into the conduct of the 2007 election and matters related thereto (2009), Commonwealth of Australia, p 35.

[19] Joint Standing Committee on Electoral Matters, Report on the 2007 federal election electronic voting trials: Interim report of the inquiry into the conduct of the 2007 election and matters related thereto (2009), Commonwealth of Australia, p 42.

[20] Mr Rowan Ramsay MP, Member for Grey, submission 27, p 1.

[21] Stewart L, submission 98, pp 3–4.

[22] ALP Abroad, submission 1, pp 5–7.

[23] Drury C, Australian Electoral Commission, transcript, 20 August 2008, pp 6-7.

[24] Liberal Party of Australia, submission 156, p 1.

[25] Henderson B, Federal Director, The Nationals, transcript, 3 February 2009, p 1.

[26] See Hon Peter Lindsay MP, Member for Herbert, submission 57, p 3; Kirkpatrick B, submission 84; Stewart L, submission 98, p 5.

[27] Hon Peter Slipper MP, Parliamentary Secretary to the Minister for Finance and Administration, House of Representatives Debates, 1 April 2004, p 27,931.

[28] See Economou N, media interview, ‘McEwen electoral dispute heads to court’, The World Today, ABC Radio, 3 March 2008, viewed on 17 April 2009 at http://www.abc.net.au/worldtoday/content/2008/s2178127.htm

[29] Hon Fran Bailey MP, Member for McEwen, transcript, 25 November 2008, p 6.

[30] Hon Fran Bailey MP, Member for McEwen, transcript, 25 November 2008, p 6.

[31] Hon Fran Bailey MP, Member for McEwen, transcript, 25 November 2008, p 6.

[32] Pirani P, Australian Electoral Commission, Senate Standing Committee on Public Finance and Administration, Supplementary budget estimates, transcript, 10 October 2008, p 10.

[33] Australian Electoral Commission, submission 169.12, p 1.

[34] Commonwealth Electoral Act 1918, s 339(1C).

[35] Australian Electoral Commission, Compulsory voting (2007), Electoral backgrounder no 14.

[36] Australian Electoral Commission, sub 169.15, p 4.

[37] Australian Electoral Commission, sub 169.15, p 4.

[38] Australian Electoral Commission, sub 169.15, p 4.

[39] Australian Electoral Commission, sub 169.15, p 4.

[40] Australian Electoral Commission, submission 169.19, p 13.

[41] Australian Electoral Commission, submission 169.19, p 7.

[42] Australian Electoral Commission, submission 169.19, p 7.

[43] Commonwealth Electoral Act 1918, ss 101 and 245.

[44] Killesteyn E, Australian Electoral Commission,

[45] Australian Electoral Commission, Annual Report 2007-08, p 35; Electoral pocketbook: election 2007 (2009), p 47.

[46] Appendix C, table C.5.

[47] Australian Electoral Commission, submission 169, p 30.

[48] Appendix C, table C.5.

[49] Australian Electoral Commission, submission 169, p 48.

[50] Campbell I, Australian Electoral Commission, transcript, 1 September 2008, p 10.

[51] Australian Electoral Commission, Analysis of Informality during House of Representatives 2004 Election (2005), Research report number 7, p 10.

[52] Mitchell v Bailey (No 2) [2008] FCA 692, paragraph 3.

[53] Mitchell v Bailey (No 2) [2008] FCA 692, paragraph 3.

[54] Mitchell v Bailey (No 2) [2008] FCA 692, paragraph 84.

[55] Mitchell v Bailey (No 2) [2008] FCA 692, Schedule.

[56] Mitchell v Bailey (No 2) [2008] FCA 692, paragraph 52.

[57] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), attachment 1, p 39 (exhibit 4).

[58] Australian Electoral Commission, submission 169, p 9.

[59] Killesteyn E, Australian Electoral Commission, transcript, 17 March 2009, p 2.

[60] Australian Electoral Commission, Electoral pocketbook: election 2007 (2009), p 54.

[61] See Appendix C, table C.1.

[62] Young S, submission 77, p. 2; Australian Electoral Commission, Analysis of Informality during House of Representatives 2004 Election (2005), Research report number 7, pp 2-3.

[63] Australian Electoral Commission, Informal Vote Survey House of Representatives 2001 Election (2003), Research Report Number 1; Analysis of Informality during House of Representatives 2004 Election (2005), Research report number 7.

[64] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 2.

[65] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 10.

[66] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 4.

[67] Australian Electoral Commission, submission 169, p 79.

[68] Australian Electoral Commission, submission 169, p 22.

[69] Australian Electoral Commission, Electoral pocketbook: election 2007 (2009), p 73; Electoral pocketbook: election 2004 (2005), p 91.

[70] Australian Electoral Commission, submission 169, p 79.

Chapter 3 Enabling the franchise

[1] Australian Electoral Commission, Electoral pocketbook: election 2007 (2009), p 30.

[2] Commonwealth Electoral Act 1918, s 93.

[3] Commonwealth Electoral Act 1918, s 100.

[4] Commonwealth Electoral Act 1918, s 95AA.

[5] Those Norfolk Islanders may enrol in either the division of Canberra (ACT) or Solomon (NT).

[6] Commonwealth Electoral Act 1918, s 94.

[7] Commonwealth Electoral Act 1918, ss 94A and 95.

[8] Commonwealth Electoral Act 1918, s 96.

[9] Commonwealth Electoral Act 1918, s79 – Note that an electoral division may be divided into subdivisions and where that is the case, s 82 provides that there shall be a separate Roll for each subdivision.

[10] Commonwealth Electoral Act 1918, s 101.

[11] Joint Standing Committee on Electoral Matters, The 2004 election: Report of the inquiry into the conduct of the 2004 federal election and matters related thereto (2005), Commonwealth of Australia, p 36.

[12] Australian Electoral Commission, submission 169, p 6.

[13] Australian Electoral Commission, submission 169, pp 6-7.

[14] Australian Electoral Commission, submission 169, p 8.

[15] Festival of Light Australia, submission 67, p 7.

[16] Liberal Party of Australia, submission 156, p 3.

[17] Innes G, Human Rights and Disability Discrimination Commissioner, Human Rights and Equal Opportunities Commission, transcript, 23 July 2008, pp 27–28.

[18] Dr Kathy Edwards, submission 87, p 4.

[19] Dr Kathy Edwards, submission 87, p 5.

[20] Australian Labor Party National Secretariat, submission 159, pp 2

[21] Australian Labor Party National Secretariat, submission 159, pp 2–3.

[22] Australian Electoral Commission, submission 169, p 8.

[23] Australian Electoral Commission, submission 169, p 8.

[24] Australian Electoral Commission, sub 169.1, p 9.

[25] see Joint Standing Committee on Electoral Matters, The 2004 election: Report of the inquiry into the 2004 election and matters related thereto (2005), pp 241–242.

[26] Australian Electoral Commission, submission 169, p 8.

[27] Australian Electoral Commission, submission 169.15, p 3.

[28] Australian Electoral Commission, submission 169, p 7.

[29] Joint Standing Committee on Electoral Matters, Report on the 2004 federal election: Report of the inquiry into the conduct of the 2004 federal election and matters related thereto (2005), Commonwealth of Australia, recommendation 25 p 79.

[30] Australian Electoral Commission, submission 169, p 47.

[31] Australian Electoral Commission, submission 169, p 49.

[32] Liberal Party Of Australia, submission 156, p 3.

[33] Festival Of Light Australia, submission 67, p 10; The Nationals, submission 145, p 2, Hon Fran Bailey MP, Member for McEwen, submission 179.

[34] GetUp!, submission 155, pp 14–15.

[35] ALP National Secretariat, submission 159, p 4.

[36] NSW Young Labor, submission 182, p 2.

[37] Campbell I, Australian Electoral Commission, transcript, 27 June 2008, p 21.

[38] Campbell I, Australian Electoral Commission, transcript, 27 June 2008, p 21.

[39] Dacey P, Australian Electoral Commission, transcript, 17 March 2009, p 22.

[40] Australian Electoral Commission, submission 169, p 50.

[41] Australian Electoral Commission, submission 169, p 50.

[42] Hon Warren Snowdon MP, submission 162, p 3.

[43] Australian Electoral Commission, submission 169, p 51.

[44] Australian Electoral Commission, submission 169, p 51.

[45] Commonwealth Electoral Act 1918, s 228 (5A).

[46] Commonwealth Electoral Act 1918, Schedule 3, s 7.

[47] Australian Electoral Commission, submission 169.14, p 1.

[48] Joint Standing Committee on Electoral Matters, The 1996 federal election: Report of the inquiry into the conduct of the 1996 federal election and matters related thereto (1997), Commonwealth of Australia, p 58; The 1998 federal election: Report of the inquiry into the conduct of the 1998 federal election and matters related thereto (2000), Commonwealth of Australia, p 55; The 2001 federal election: Report of the inquiry into the conduct of the 2001 federal election and matters related thereto (2003), Commonwealth of Australia, p 150; The 2004 federal election: Report of the inquiry into the conduct of the 2004 federal election and matters related thereto (2005), Commonwealth of Australia p 75.

[49] Australian Government, response to the Joint Standing Committee on Electoral Matters inquiry into the conduct of the 2004 election and maters related thereto, p 9, viewed on 22 May 2009 at www.aph.gov.au/house/committee/em/elect04/Report/govres.pdf.

[50] The Nationals, submission 145, p 5.

[51] Henderson B, The Nationals, transcript, 3 February 2009, p 8.

[52] Campbell I, Australian Electoral Commission, transcript, 1 September 2008, p 10.

[53] Australian Electoral Commission, submission 169.5, pp 1–6; submission 169.14, p 1.

[54] Australian Electoral Commission, submission 169.5, pp 1–6; submission 169.14, p 1.

[55] The Nationals, submission 145, pp 4–5.

[56] Newman D, Australia Post, transcript, 1 September 2008, p 11.

[57] Newman D, Australia Post, transcript, 1 September 2008, pp 11-12.

[58] Newman D, Australia Post, transcript, 1 September 2008, p 12.

[59] Newman D, Australia Post, transcript, 1 September 2008, pp 11-12.

[60] Australia Post, exhibit 5.

[61] Australia Post, submission 192, p 1.

[62] Australia Post, submission 192, p 1.

[63] Australia Post, submission 192, p 4.

[64] Australia Post, submission 192, p 4.

[65] Australia Post, submission 192, p 1.

[66] Franzi B, Australia Post, transcript, 1 September 2009, pp 8–9.

[67] Australia Post, submission 192, p 5.

[68] Australia Post, submission 192, p 5.

[69] Henderson B, The Nationals, transcript, 3 February 2009, p 4.

[70] Henderson B, The Nationals, transcript, 3 February 2009, p 4.

[71] Henderson B, The Nationals, transcript, 3 February 2009, p 4.

[72] Henderson B, The Nationals, transcript, 3 February 2009, p 11.

[73] Campbell I, Australian Electoral Commission, transcript, 1 September 2008, p 2; Gordon M, submission 32, p 3.

[74] Campbell I, Australian Electoral Commission, transcript, 1 September 2008, p 2.

[75] Newman D, Australia Post, transcript, 1 September 2008, p 9.

[76] Australian Electoral Commission, submission 169.1, Annex 5, pp 76–78.

[77] Australian Electoral Commission, submission 169.18, p 4.

[78] Australian Electoral Commission, submission169.18, p 5.

[79] Dacey P, Australian Electoral Commission, transcript 11 May 2009, p 3.

[80] Dacey P, Australian Electoral Commission, transcript 11 May 2009, p 3.

[81] Dacey P, Australian Electoral Commission, transcript 11 May 2009, p 5.

[82] Dacey P, Australian Electoral Commission, transcript ,11 May 2009, p 5.

[83] Dacey P, Australian Electoral Commission, transcript, 11 May 2009, p 5.

[84] Dacey P, Australian Electoral Commission, transcript, 11 May 2009, pp 5-8.

[85] Dacey P, Australian Electoral Commission, transcript, 11 May 2009, pp 8-9.

Chapter 4 Maintaining an effective electoral roll

[1] Killesteyn E, Australian Electoral Commission, transcript, 17 March 2009, p 2.

[2] Killesteyn E, Australian Electoral Commission, transcript, 17 March 2009, p 2.

[3] Australian Electoral Commission, Electorally Engaging the Homeless (2005), Research report number 6, p 4.

[4] Killesteyn E, Australian Electoral Commission, transcript, 17 March 2009, p 2.

[5] Democratic Audit of Australia, submission 45, p 2.

[6] Australian Electoral Commission, submission 169, p 13.

[7] Australian Electoral Commission, submission 169, p 22.

[8] Australian Electoral Commission, submission 169, p 22.

[9] Australian Electoral Commission, submission 169, p 12.

[10] Australian Electoral Commission, submission 169, p 14.

[11] Commonwealth Electoral Act 1918, s 98AA.

[12] Australian Electoral Commission, submission 169, p 14.

[13] Australian Electoral Commission, submission 169, p 17.

[14] Australian Electoral Commission, submission 169.15, p 11.

[15] Australian Electoral Commission, submission 169, p 17.

[16] Australian Electoral Commission, submission 169, p 17.

[17] Uniting Justice Australia, submission 86, p 3.

[18] Human Rights and Equal Opportunity Commission, submission 97, p 11.

[19] PILCH Homeless Person’s Legal Clinic, submission 135, p 22.

[20] Festival of Light Australia, submission 67, p 7.

[21] The Nationals, submission 145, p 1.

[22] Loughnane B, Liberal Party of Australia, transcript, 2 December 2008, p 3.

[23] Commonwealth Electoral Act 1918, s 101.

[24] Australian Electoral Commission, submission 169.20, p 3.

[25] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 6.

[26] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 3.

[27] Australian Electoral Commission, submission 169, p 12.

[28] Australian Electoral Commission, submission 169, pp 8–9.

[29] Australian Electoral Commission, submission 169, p 30.

[30] Australian Electoral Commission, submission 169, p 8.

[31] Appendix C, table C.5.

[32] Australian Electoral Commission, submission 169, p 30.

[33] Australian Electoral Commission, submission 169, p 12.

[34] Australian Electoral Commission, submission 169, p 10.

[35] Australian Electoral Commission, submission 169,p 9.

[36] Australian Electoral Commission, submission 169.2, Annex 2(a), p 17.

[37] Australian Electoral Commission, submission 169.21, p 1.

[38] Australian Electoral Commission, submission 169.21, p 1.

[39] Australian Electoral Commission, submission 169.21, p 1.

[40] Killesteyn E, Australian Electoral Commission, transcript, 17 March 2009, p 4.

[41] Killesteyn E, Australian Electoral Commission, transcript, 17 March 2009, p 4.

[42] Young S, submission 77, p 2.

[43] GetUp!, submission 155, p 9.

[44] Australian Labor Party National Secretariat, submission 159, p 1.

[45] Paul S, submission 182, p 2.

[46] Edwards K, submission 87, p 5.

[47] Australian Bureau of Statistics, 2006 Census, Basic community profile, table B36; 2001 Census, Basic community profile, tables B01 and B22; 1996 Census, Basic community profile, table B01; 1991 Census, Basic community profile, table B03.

[48] Australian Bureau of Statistics, 2006 Census, Basic community profile, table B36; 2001 Census, Basic community profile, tables B01 and B22; 1996 Census, Basic community profile, table B01; 1991 Census, Basic community profile, table B03.

[49] Australian Electoral Commission, submission 169.17, p 2.

[50] Australian Electoral Commission, submission 169.17, p 3.

[51] Australian Electoral Commission, submission 169.17, p 3.

[52] Australian Electoral Commission, submission 169.17, p 3.

[53] Australian Electoral Commission, submission 169.21, p 2.

[54] Australian Electoral Commission, submission 169.21, p 3.

[55] Australian Electoral Commission, submission 169.21, p 3.

[56] Australian Electoral Commission, submission 169.21, p 3.

[57] Australian Electoral Commission, submission 169.21, p 3.

[58] Australian Electoral Commission, submission 169.21, p 3.

[59] Australian Electoral Commission, submission 169.17, p 5.

[60] Australian Electoral Commission, submission 169.21, p 3.

[61] Australian Electoral Commission, submission 169.21, p 3.

[62] Australian Electoral Commission, submission 169.17,p 5.

[63] Bright A, Australian Electoral Commission, transcript, 6 August 2008, p 45.

[64] Bright A, Australian Electoral Commission, transcript, 6 August 2008, p 43.

[65] Australian Electoral Commission, submission 169.18, p 6.

[66] Australian Electoral Commission, submission 169.18, p 6.

Chapter 5 Election and enrolment — State and Territory issues

[1] Australian Electoral Commission, submission 169.15, p 3.

[2] Australian Electoral Commission, submission 169.15, p 1.

[3] Australian Electoral Commission, submission 169.15, pp 1–2.

[4] Australian Electoral Commission, submission 169.15, pp 1–2.

[5] Australian Electoral Commission, submission 169.15, p 2.

[6] Australian Electoral Commission, submission 169.15, p 3.

[7] Australian Electoral Commission, submission 169.15, p 3.

[8] Australian Electoral Commission, submission 169, p 7.

[9] Wight D, Australian Electoral Commission, transcript, 11 August 2008, pp 1–2.

[10] Wight D, Australian Electoral Commission, transcript, 11 August 2008, p 15.

[11] Wight D, Australian Electoral Commission, transcript, 11 August 2008, p 2.

[12] Australian Electoral Commission, submission 169, p 7.

[13] Bright A, Australian Electoral Commission, transcript, 6 August 2008, p 37.

[14] Bright A, Australian Electoral Commission, transcript, 6 August 2008, p 38.

[15] Bright A, Australian Electoral Commission, transcript, 6 August 2008, p 38.

[16] Bright A, Australian Electoral Commission, transcript, 6 August 2008, p 40.

[17] Bright A, Australian Electoral Commission, transcript, 6 August 2008, p 43.

[18] Bright A, Australian Electoral Commission, transcript, 6 August 2008, pp 42–43.

[19] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 3.

[20] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 3.

[21] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, pp 2–3.

[22] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 3.

[23] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 2.

[24] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 3.

[25] Australian Electoral Commission, submission 169, p 7.

[26] Drury C, Australian Electoral Commission, transcript, 20 August 2008, p 4.

[27] Drury C, Australian Electoral Commission, transcript, 20 August 2008, p 15.

[28] Drury C, Australian Electoral Commission, transcript, 20 August 2008, p 15.

[29] Drury C, Australian Electoral Commission, transcript, 20 August 2008, p 1.

[30] Australian Electoral Commission, submission 169, p 7.

[31] Neilson M, Australian Electoral Commission, transcript, 12 August 2008, p 22.

[32] Nielson M, Australian Electoral Commission, transcript, 12 August 2008, p 22.

[33] Australian Electoral Commission, submission 169.1, p 44.

[34] Australian Electoral Commission, submission 169.1, pp 44–45.

[35] Australian Electoral Commission, submission 169, p 7.

[36] Loganathan I, Australian Electoral Commission, transcript, 17 October 2008, p 36.

[37] Loganathan I, Australian Electoral Commission, transcript, 17 October 2008, p 38.

[38] Electoral Council of Australia, ‘About the ECA: Mission statement’, viewed on 1 May 2009 at http://www.eca.gov.au/about/mission_state.htm.

[39] Electoral Council of Australia, ‘About the ECA: Members’, viewed on 1 May 2009 at http://www.eca.gov.au/about/members.htm..

[40] Wight D, Australian Electoral Commission, transcript, 11 August 2008, p 10.

[41] Australian Electoral Commission, submission 169, p 19.

[42] Australian Electoral Commission, submission 169, p 19.

[43] Electoral Council of Australia, ‘Reports’ viewed on 1 May 2009 at http://www.eca.gov.au/reports/index.htm; ‘Electoral Research’, viewed on 1 May 2009 at http://www.eca.gov.au/research/index.htm.

[44] Electoral Council of Australia, ‘’About the ECA: Members’, viewed on 1 May 2009 at http://www.eca.gov.au/about/members.htm.

[45] Department of Finance and Deregulation, Portfolio budget statements 2008-09, Budget related paper No 1.8, p 68.

[46] Parliamentary Library, ‘Electoral division rankings: Census 2006 second release’, Research paper no 23 2007-08, p 132.

[49] Australian Electoral Commission, submission 169.15, p 9.

[50] Australian Electoral Commission, submission 169.15, p 9.

[51] Australian Electoral Commission, submission 169.15, p 2.

[52] Australian Electoral Commission, submission 169.1, Annex 1, pp 3–8.

[53] Australian Bureau of Statistics, Population by Age and Sex, Australian States and Territories, Jun 2008 (2008), cat no 3201.0, www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/3201.0Jun%202008?OpenDocument.

[54] Australian Bureau of Statistics, Population by Age and Sex, Australian States and Territories, Jun 2008 (2008), cat no 3201.0, www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/3201.0Jun%202008?OpenDocument.

[55] Australian Electoral Commission, submission 169.1, Annex 2A, p 9.

[56] Australian Electoral Commission, submission 169.1, Annex 1, pp 3–8; Australian Bureau of Statistics, Population by Age and Sex, Australian States and Territories, Jun 2008 (2008), cat no 3201.0, www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/3201.0Jun%202008?OpenDocument.

[57] Australian Electoral Commission, submission 169.1, Annex 2A, p 9.

Chapter 6 Increasing the participation of Indigenous and homeless electors

[1] Australian Electoral Commission, submission 169, Annex 5, p 55.

[2] Loganathan I, Australian Electoral Commission, transcript, 17 October 2008, p 37.

[3] Joint Standing Committee on Electoral Matters, Civics and Electoral Education (2007), Commonwealth of Australia, p 88.

[4] Australian Government, Closing the gap on Indigenous disadvantage: The challenge for Australia (2009), p 5.

[5] Australian Electoral Commission, submission 169, Annex 5, p 54.

[6] Australian Electoral Commission, submission 169, Annex 5, p 54.

[7] Australian Electoral Commission, submission 169, Annex 5, p 54.

[8] Australian Electoral Commission, submission 169, Annex 5, p 54.

[9] Australian Electoral Commission, submission 169, Annex 5, p 54.

[10] Australian Electoral Commission, submission 169, Annex 5, p 54.

[11] Loganathan I, Australian Electoral Commission, transcript, 17 October 2008, pp 38–39.

[12] Australian Electoral Commission, submission 169.4, p 3.

[13] Australian Electoral Commission, submission 169.4, p 3.

[14] Australian Electoral Commission, submission 169.4, p 3.

[15] Australian Electoral Commission, submission 169.4, p 4.

[16] Australian Electoral Commission, submission 169.4, p 4.

[17] Australian Electoral Commission, submission 169, Annex 5, p 55.

[18] Australian Electoral Commission, submission 169.4, p 6.

[19] Australian Electoral Commission, submission 169.4, p 6.

[20] Australian Electoral Commission, submission 169.4, pp 6–7.

[21] Australian Electoral Commission, submission 169.4, p 7.

[22] Australian Electoral Commission, submission 169.4, p 7.

[23] Australian Electoral Commission, submission 169, p 54.

[24] Australian Electoral Commission, submission 169, p 54.

[25] Australian Electoral Commission, submission 169, p 54.

[26] Senator the Hon John Faulkner, Special Minister of State, ‘$13.0 million to help improve Indigenous electoral participation’, media release, 12 May 2009.

[27] Senator the Hon John Faulkner, Special Minister of State, ‘$13.0 million to help improve Indigenous electoral participation’, media release, 12 May 2009.

[28] Senator the Hon John Faulkner, Special Minister of State, ‘$13.0 million to help improve Indigenous electoral participation’, media release, 12 May 2009.

[29] Australian Government, The Road Home: A national approach to reducing homelessness, White Paper on Homelessness (2008), p iii.

[30] Australian Government, The Road Home: A national approach to reducing homelessness, White Paper on Homelessness (2008), p iii.

[31] Australian Government, The Road Home: A national approach to reducing homelessness, White Paper on Homelessness (2008), p 55.

[32] Chamberlain C, Counting the Homeless: Implications for Policy Development (1999), pp 1, 9-11, 13, 49.

[33] Mission Australia, Latest homeless figures reflect ‘wasted years of inaction’, viewed as: http://www.missionaustralia.com.au/news/media-releases/708-latest-homless-figures, viewed 19 March 2009.

[34] Council to Homeless Persons, Counting the Homeless 2006: Information Paper, September 2008, p 2.

[35] Council to Homeless Persons, Counting the Homeless 2006: Information Paper, September 2008, p 5.

[36] Australian Institute of Health and Welfare, Demand from SAAP accommodation by homeless people 2006-07: A report from the SAAP National Data Collection, SAAP NDCA Report Series 12, October 2008, p 1.

[37] Australian Institute of Health and Welfare, Demand from SAAP accommodation by homeless people 2006-07: A report from the SAAP National Data Collection, SAAP NDCA Report Series 12, October 2008, p 1.

[38] Australian Institute of Health and Welfare, Homeless People in SAAP: National Data Collection Annual Report 2007-08 (2009), p 14.

[39] Australian Institute of Health and Welfare, Homeless People in SAAP: National Data Collection Annual Report 2007-08 (2009), p 40.

[40] Homeless Australia, submission 34, p 2.

[41] PILCH Homeless Persons’ Legal Clinic, transcript, 11 August 2008, p 67.

[42] Keenan T, Hanover Welfare Services, transcript, 11 August 2008, p 81.

[43] Hanover Welfare Services, submission 109, p 5.

[44] Hanover Welfare Services, submission 109, p 4.

[45] Hanover Welfare Services, submission 109, p 7; Keenan T, Hanover Welfare Services, transcript, 11 August 2008, p 81; Kolar V, Hanover Welfare Services, transcript, 11 August 2008, p 84.

[46] Homelessness NSW, submission 131, pp 1, 3.

[47] PILCH Homeless Persons’ Legal Clinic, submission 135, p 13.

[48] PILCH Homeless Persons’ Legal Clinic, submission 135, p 13.

[49] PILCH Homeless Persons’ Legal Clinic, submission 135, p 25.

[50] Homelessness Australia, submission 34, p 5.

[51] Bringing Democracy Home – Enfranchising Australia’s Homeless, Swinburne University and Australian Electoral Commission, 2004, pp 5-6.

[52] Australian Electoral Commission, Research Report Number 6, February 2005, p 6.

[53] Commonwealth Electoral Act 1918, s 101.

[54] Commonwealth Electoral Act 1918, s 96.

[55] Commonwealth Electoral Act 1918, s 96.

[56] Commonwealth Electoral Act 1918, s 96.

[57] Australian Electoral Commission, submission 169.1, pp 57- 59.

[58] Commonwealth Electoral Act 1918, s 96.

[59] Australian Electoral Commission, submission 169.1, p 50; ‘Gazetted enrolment as at 29 August 2008’, viewed on 16 May 2009 at http://www.aec.gov.au/Enrolling_to_vote/Enrolment_stats/gazetted/2008/08.htm.

[60] Homelessness Australia, submission 34, p 4.

[61] Homelessness Australia, submission 34, p 4.

[62] PILCH Homeless Persons’ Legal Clinic, submission 135, pp 24-25.

[63] PILCH Homeless Persons’ Legal Clinic, submission 135, p 24, Farrell J (PILCH), transcript, 11 August 2008, p 70.

[64] PILCH Homeless Persons’ Legal Clinic, submission 135, p 24, Farrell J (PILCH), transcript, 11 August 2008, p 70.

[65] Electoral Act 2002 (Vic).

[66] Victorian Electoral Commission, ‘Being homeless does not make you vote-less’, viewed on 16 May 2009 at http://www.vec.vic.gov.au/nofixedaddress.html.

[67] Australian Electoral Commission, submission 169.6, pp 13-14.

[68] Australian Electoral Commission, submission 169.6, p 14.

[69] Australian Electoral Commission, submission 169, p 57.

[70] Australian Electoral Commission, submission 169, p 57.

[71] Australian Electoral Commission, submission 169, p 57.

[72] Joint Standing Committee on Electoral Matters – reports following Federal Elections 2004, 2001, 1996.

[73] Joint Standing Committee on Electoral Matters, Parliament of Australia, The 2004 Federal Election: Report of the Inquiry into the Conduct of the 2004 Federal Election and Matters Related Thereto (2005), pp 14, 17, 132.

[74] 2004 report government response. http://www.aph.gov.au/house/committee/em/elect04/Report/govres.pdf.

[75] Hanover Welfare Services, submission 109, p 2; PILCH Homeless Persons’ Legal Clinic, submission 135, pp 14-15.

[76] PILCH Homeless Persons’ Legal Clinic, submission 135, pp 14-15.

[77] PILCH Homeless Persons’ Legal Clinic, submission 135, p 15.

[78] PILCH Homeless Persons’ Legal Clinic, submission 135, p 15.

[79] Hanover Welfare Services, submission 109, p 2.

[80] PILCH Homeless Persons’ Legal Clinic, submission 135, pp 19-20 and submission 135.1, p 35; Hanover Welfare Services, submission 109, p 9; transcript, 11 August 2008, pp 81-86.

[81] PILCH Homeless Persons’ Legal Clinic, submission 135, p 19.

[82] Commonwealth Electoral Act 1918, s 234.

[83] Corby M, submission 195, p 1.

[84] Barry-Macaulay A, PILCH Homeless Persons’ Legal Clinic, transcript, 11 August 2008, p 69.

[85] Commonwealth Electoral Act 1918, ss 224, 225 and 226, 226A.

[86] Australian Electoral Commission, submission 169.18, p 9.

[87] Australian Electoral Commission, submission 169.18, p 9.

[88] Victorian Electoral Commission, Report on the 2006 State election, p 35.

[89] Barry-Macaulay A, PILCH Homeless Persons’ Legal Clinic, transcript, 11 August 2008, p 69.

[90] Hanover Welfare Services, submission 109, p 9; Hollows A, transcript, 11 August 2008, p 82.

[91] Keenan T, Hanover Welfare Services, transcript, 11 August 2008, p 83.

[92] Commonwealth Electoral Act 1918, ss 94A and 95AA.

[93] Sheridan and Associates, Evaluation of the electronic voting trial for blind and sight impaired electors at the 2007 federal election: Final evaluation report (2008), p 6.

Chapter 7 Responding to the increased demand for early voting

[1] Commonwealth Electoral Act 1918, schedule 2.

[2] Commonwealth Electoral Act 1918, ss 223 to 227.

[3] Commonwealth Electoral Act 1918, ss 223 to 227.

[4] Australian Electoral Commission submission 169.1, p 45.

[5] Australian Electoral Commission, submission 169, p 43.

[6] Australian Electoral Commission submission 169, p 30.

[7] Australian Electoral Commission, submission 169, p 38.

[8] Australian Electoral Commission, ‘Analysis of Declaration Voting’, Research Paper Number 3 (2004), pp 6–8.

[9] Australian Electoral Commission, submission 169.1, p 45.

[10] Appendix C, table C.11.

[11] Australian Electoral Commission, Electoral pocketbook: election 2007 (2009), p 54; Submission 169.1, p 135.

[12] Australian Electoral Commission, submission 169, Annex 4, pp 36–37.

[13] Australian Electoral Commission, submission 169.1, pp 51–52.

[14] Australian Electoral Commission sub 169, p 56.

[15] Australian Electoral Commission sub 169, p 56.

[16] Australian Electoral Commission, submission 169, p 39.

[17] Australian Electoral Commission, submission 169, pp 39–40.

[18] Drury C, Australian Electoral Commission, transcript, 20 August 2008, p 3.

[19] Wight D, Australian Electoral Commission, transcript, 11 August 2008, p 8; Australian Electoral Commission, submission 169.7, p 4.

[20] Hon Gary Gray AO MP, Member for Brand, transcript, 25 November 2008, p 1.

[21] Western Australian Electoral Commission, 2005 State General Election: Election Report, p 17.

[22] Electoral Commission NSW, Report on the 2007 State Election (2007), p 30.

[23] NSW Parliament Joint Standing Committee on Electoral Matters, Administration of the 2007 NSW election and related matters (2008), p 20.

[24] Australian Electoral Commission, submission 169.1, Annex 5, pp 79-80.

[25] Australian Electoral Commission, submission 169.1, p 48; Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 4.

[26] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 4.

[27] Australian Electoral Commission, submission 169, p 30.

[28] Joint Standing Committee on Electoral Matters, The 2004 federal election: Report of the inquiry into the conduct of the 2004 federal election and matters related thereto (2005), Commonwealth of Australia, pp 238–240.

[29] Australian Electoral Commission, submission 169, p 30–31.

[30] Australian Electoral Commission, submission 169, p 52.

[31] Australian Electoral Commission, submission 169, p 52.

[32] Australian Electoral Commission, submission 169, p 40.

[33] Australian Electoral Commission, submission 169, p 40.

[34] Hon Gary Gray AO MP, Member for Brand, submission 144, p 1; The Nationals, submission 145, p 4.

[35] Australian Electoral Commission, submission 169, p 42.

[36] Australian Electoral Commission, submission 169, p 42.

[37] Joint Standing Committee on Electoral Matters, The 1998 federal election: Report of the inquiry into the conduct of the 1998 federal election and matters related thereto (2000), Commonwealth of Australia, p 48.

[38] Joint Standing Committee on Electoral Matters, The 1998 federal election: Report of the inquiry into the conduct of the 1998 federal election and matters related thereto (2000), Commonwealth of Australia, p 49; The 2001 federal election: Report of the inquiry into the conduct of the 1998 federal election and matters related thereto (2003), Commonwealth of Australia, p 158;

[39] Joint Standing Committee on Electoral Matters, The 2001 federal election: Report of the inquiry into the conduct of the 1998 federal election and matters related thereto (2003), Commonwealth of Australia, pp 158–159.

[40] Australian Electoral Commission, submission 169, pp 41–42.

[41] Joint Standing Committee on Electoral Matters, The 1996 federal election: Report of the inquiry into the conduct of the 1996 federal election and matters related thereto (1997), Commonwealth of Australia, p 54.

[42] Joint Standing Committee on Electoral Matters, The 1996 federal election: Report of the inquiry into the conduct of the 1996 federal election and matters related thereto (1997), Commonwealth of Australia, p 54.

[43] Joint Standing Committee on Electoral Matters, The 2001 federal election: Report of the inquiry into the conduct of the 1998 federal election and matters related thereto (2003), Commonwealth of Australia, p 158

[44] Australian Electoral Commission, submission 169, p 43.

[45] Australian Electoral Commission, submission 169, pp 43–44.

[46] Australian Electoral Commission, submission 169, p 44.

[47] Bitar C, ALP National Secretariat, transcript, 11 November 2008, p 17; Liberal Party of Australia, submission 156, p 6; Henderson B, The Nationals, transcript, 3 February 2009, p 14.

[48] Liberal Party of Australia, submission 156, p 6.

[49] Commonwealth Electoral Act 1918, schedule 2, s 2.

[50] Freys I, submission 112, p 2.

[51] Bitar C, Australian Labor Party National Secretariat, transcript 11 November 2008, p 17; Henderson B, The Nationals, transcript, 3 February 2009, p 14; Loughnane B, Liberal Party of Australia, transcript, 2 December 2008, pp 11–12.

[52] Bitar C, Australian Labor Party National Secretariat, transcript 11 November 2008, p 17.

[53] Homlessness Australia, submission 34, p 5; Homelessness NSW, submission 131, p 3.

[54] Homlessness Australia, submission 34, p 5.

[55] Commonwealth Electoral Act 1918, s 266.

[56] Loughnane B, Liberal Party of Australia, transcript, 2 December 2008, p 11.

[57] Australian Electoral Commission, submission 169, p 30.

[58] ALP National Secretariat, submission 159, p 2.

[59] ALP National Secretariat, submission 159, p 2; Loughnane B, Liberal Party of Australia, transcript, 2 December 2008, p 11.

[60] Australian Electoral Commission, submission 169, pp 54–55.

[61] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, pp 6–7.

[62] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 7.

[63] Nagle C, Australian Electoral Commission, transcript, 21 August 2008, p 7.

[64] Commonwealth Electoral Act 1918, ss 4 and 225.

[65] Australian Electoral Commission, submission 169, p 56.

[66] Australian Electoral Commission, submission 169, p 56.

[67] Australian Electoral Commission, submission 169, p 56.

[68] Aged Care Act 1997, s 41-3.

[69] Australian Electoral Commission, submission 169, p 56.

[70] Australian Electoral Commission, submission 169, p 56.

[71] Killesteyn E, Australian Electoral Commission, transcript, 17 March 2009, p 14.

[72] Australian Electoral Commission, submission 169.17, p 16.

[73] Neilson M, Australian Electoral Commission, transcript, 12 August 2008, p 27.

[74] Hon Gary Gray AO MP, Member for Brand, transcript, 25 November 2008, p 2.

[75] Loughnane B, Liberal Party of Australia, transcript, 2 December 2008, p 12.

[76] Shopping Centre Council of Australia, submission 185, p 1.

[77] Shopping Centre Council of Australia, submission 185, p 2.

[78] Hon Gary Gray AO MP, Member for Brand, transcript, 25 November 2008, p 2.

[79] Commonwealth Electoral Act 1918, s. 184AA.

[80] Australian Electoral Commission, submission 169, p 35.

[81] Australian Privacy Commission, submission 58, pp 1–2; NSW Greens, submission 64, p 5; Electoral Reform Society (SA), submission 94, p 3; Jones E, submission 95, p 14; Getup!, submission 155, p 14.

[82] Australian Privacy Commission, submission 58, pp 1–2.

[83] NSW Greens, submission 64, p 5.

[84] Loughnane B, Liberal Party of Australia, transcript, 2 December 2008, p 11.

[85] Australian Electoral Commission, submission 169, p 35.

[86] Australian Electoral Commission, submission 169, p 35.

[87] Australian Electoral Commission, submission 169, p 36.

[88] Australian Electoral Commission, submission 169.1, p 18.

[89] Commonwealth Electoral Act 1918, s 197.

[90] Henderson B, The Nationals, transcript, 3 February 2009, pp 4–5; Loughnane B, Liberal Party of Australia, transcript, 2 December 2008, p 3.

[91] Henderson B, The Nationals, transcript, 3 February 2009, pp 4–5; Loughnane B, Liberal Party of Australia, transcript, 2 December 2008, p 3.

[92] Henderson B, The Nationals, transcript, 3 February 2009, pp 4–5.

[93] Australian Electoral Commission, submission 169.17, pp 13–16.

[94] Australian Electoral Commission, submission 169.17, pp 13–14.

[95] Australian Electoral Commission, submission 169.17, p 14.

[96] Australian Electoral Commission, submission 169.17, p 15.

[97] Australian Electoral Commission, submission 169.17, p 15.

[98] Australian Electoral Commission, submission 169.17, p 15.

[99] Australian Electoral Commission, submission 169.17, p 15.

[100] Australian Electoral Commission, submission 169.17, p 16.

[101] Dacey P, Australian Electoral Commission, transcript, 11 May 2009, p 3.

Chapter 8 Formality issues

[1] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 2.

[2] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 9.

[3] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 2.

[4] Australian Electoral Commission, Informal Vote Survey House of Representatives 2001 Election (2003), Research Report number 1; Analysis of Informality during House of Representatives 2004 Election (2005), Research report number 7.

[5] Australian Electoral Commission, Electoral pocketbook: election 2007 (2009), p 56; Commonwealth Electoral Act 1918, s 268.

[6] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 7.

[7] Democratic Audit of Australia, submission 45, p 7; Australian Electoral Commission, submission 169.1, Annex 9, p 165.

[8] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 10.

[9] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 12.

[10] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 12.

[11] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, pp 2–3.

[12] A Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, pp 2-3.

[13] Australian Electoral Commission, ‘Virtual Tally Room, House of Representatives, House of Representatives Results, Candidates’, viewed on 26 May 2009 at http://results.aec.gov.au/13745/Website/HouseCandidatesBySurname-13745-A.htm; ‘Virtual Tally Room, House of Representatives, Candidates’, viewed on 26 May 2009 at http://results.aec.gov.au/12246/results/HouseCandidatesBySurname-12246-A.htm.

[14] Australian Electoral Commission, Electoral pocketbook: election 2007 (2009), p 56.

[15] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 18.

[16] Australian Electoral Commission, submission 169.6, p 1.

[17] Australian Electoral Commission, submission 169.6, p 1.

[18] Australian Electoral Commission, submission 169.6, p 2.

[19] Australian Electoral Commission, submission 169, p 64.

[20] Australian Electoral Commission, submission 169, p 65.

[21] Australian Electoral Commission, submission 169.15, p 4.

[22] Liberal Party of Australia, submission 156, p 5.

[23] Liberal Party of Australia, submission 156, p 5.

[24] Jones E, submission 95, p 9.

[25] Jones E, submission 95, pp 9–10.

[26] Young S, submission 77, p 2.

[27] Bowe W, submission 106, p 2; Hon Peter Lindsay MP, Member for Herbert, submission 57, p 3; The Nationals, submission 145, p 3; Getup!, submission 155, p 13.

[28] Bowe W, submission 106, p 2.

[29] The Nationals, submission 145, p 3.

[30] NSW Government, submission 161, p 1.

[31] NSW Government, submission 161, pp 1–2.

[32] Democratic Audit of Australia, submission 45, p 7.

[33] Democratic Audit of Australia, submission 45, p 7.

[34] Commonwealth Electoral Act 1918, s 239.

[35] Commonwealth Electoral Act 1918, s 270.

[36] Commonwealth Electoral Act 1918, s 269 (1).

[37] Commonwealth Electoral Act 1918, s 268 (1)(c).

[38] Green A, submission 73 to the Joint Standing Committee on Electoral Matters inquiry into the 2004 election, p 14.

[39] Green A, transcript, 23 July 2008, p 7.

[40] Green A, submission 62, p 3.

[41] Australian Electoral Commission, submission 169.1, p 31.

[42] Australian Electoral Commission, submission 169.1, p 163.

[43] Australian Electoral Commission, submission 169.1, p 163.

[44] Australian Electoral Commission, submission 169.1, pp 163–164.

[45] Australian Electoral Commission, submission 169.1, p 164.

[46] Commonwealth Electoral Act 1918, s 240.

[47] Australian Electoral Commission, submission 169.1, p 164.

[48] Australian Electoral Commission, submission 169.1, p 165.

[49] Australian Electoral Commission, Analysis of informal voting: House of Representatives 2007 election (2009), Research report number 11, p 7.

[50] Australian Electoral Commission, submission 169.1, p 164.

[51] Australian Electoral Commission, submission 169.1, p 164.

[52] Australian Electoral Commission, submission 169.1, p 164.

[53] Australian Electoral Commission, submission 169.1, p 166.

[54] Australian Electoral Commission, submission 169.1, p 166.

[55] Australian Electoral Commission, submission 169.1, p 167.

[56] Australian Electoral Commission, submission 169.1, pp 167-168.

[57] Australian Electoral Commission, submission 169.1, p 164.

[58] Mitchell v Bailey (No 2) [2008] FCA 692, paragraph 84.

[59] Mitchell v Bailey (No 2) [2008] FCA 692, Schedule.

[60] Mitchell v Bailey (No 2) [2008] FCA 692, paragraph 52.

[61] Mitchell v Bailey (No 2) [2008] FCA 692, paragraph 77.

[62] Mitchell v Bailey (No 2) [2008] FCA 692, paragraphs 74–78.

[63] Mitchell v Bailey (No 2) [2008] FCA 692, paragraph 69.

[64] Mitchell v Bailey (No 2) [2008] FCA 692, paragraph 63.

[65] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), attachment 1, p 36 (exhibit 4).

[66] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), attachment 1, p 36 (exhibit 4).

[67] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 36 (exhibit 4).

[68] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 9 (exhibit 4).

[69] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 9 (exhibit 4).

[70] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 30 (exhibit 4).

[71] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 8 (exhibit 4).

[72] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 30 (exhibit 4).

[73] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 30 (exhibit 4).

[74] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 30 (exhibit 4).

[75] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 30 (exhibit 4).

[76] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 30 (exhibit 4).

[77] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 31 (exhibit 4).

[78] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 31 (exhibit 4).

[79] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 31 (exhibit 4).

[80] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 31 (exhibit 4).

[81] Australian Electoral Commission, submission 169.17, p 9.

[82] Australian Electoral Commission, submission 169.17, p 9.

[83] Mr Mark Dreyfus QC MP, Member for Isaacs, transcript, 11 August 2008, p 96.

[84] Australian Electoral Commission, submission 169.8, pp1–5.

[85] Australian Electoral Commission, submission 169.17, p 9.

[86] Australian Electoral Commission, submission 169.17, p 9.

[87] Australian Electoral Commission, submission 169.17, pp 8–9.

[88] Australian Electoral Commission, submission 169.17, p 10.

[89] Henderson A, Review of ballot-paper formality guidelines and recount policy (2008), p 14 (exhibit 4).

[90] Australian Electoral Commission, submission 169.17, p 10.

[91] Australian Electoral Commission, submission 169.17, p 10.

[92] Australian Electoral Commission, submission 169.17, p 11.

[93] Australian Electoral Commission, submission 169.18, p 7.

[94] Commonwealth Electoral Act, s 268.

[95] Dacey P, Australian Electoral Commission, transcript, 11 May 2009, p 34.

[96] Australian Electoral Commission, submission 169.18, p 8.

[97] Australian Electoral Commission, submission 169.18, p 8.

Chapter 9 Modernisation and sustainability of electoral administration

[1] Australian Electoral Commission, submission 169, p 79.

[2] Australian Electoral Commission, submission 169, p 80.

[3] Australian Electoral Commission, submission 169, p 79.

[4] Campbell I, Australian Electoral Commission, transcript, 21 August 2008, p 60.

[5] Australian Electoral Commission, submission 42 to the Joint Committee on Public Accounts and Audit inquiry into the effects of the ongoing efficiency dividend on smaller public agencies, p 5.

[6] Australian Electoral Commission, submission 42 to the Joint Committee on Public Accounts and Audit inquiry into the effects of the ongoing efficiency dividend on smaller public agencies, pp 5–6.

[7] Joint Standing Committee on Public Accounts and Audit, Report 413, The efficiency dividend and small agencies: Size does matter (2008), Commonwealth of Australia, p 134.

[8] Joint Standing Committee on Public Accounts and Audit, Report 413, The efficiency dividend and small agencies: Size does matter (2008), Commonwealth of Australia, pp 33–34.

[9] Australian Electoral Commission, submission 169.15, p 8.

[10] Australian Electoral Commission, submission 169.15, p 8.

[11] Australian Electoral Commission, submission 169.15, p 8.

[12] Australian Electoral Commission, submission 169.15, p 8.

[13] Australian Electoral Commission, submission 169, p 81.

[14] Australian Electoral Commission, submission 169, p 81.

[15] Australian Electoral Commission, submission 169, p 80.

[16] Australian Electoral Commission, submission 169, p 81.

[17] Australian Electoral Commission, submission 169, p 81.

[18] Senator the Hon John Faulkner, Special Minister of State, ‘$13.0 million to help improve Indigenous electoral participation’, media release, 12 May 2009.

[19] 2009-10 Budget, Portfolio Budget Statements, Department of Finance and Administration, p 99.

[20] 2009-10 Budget, Portfolio Budget Statements, Department of Finance and Administration, p 99.

[21] 2009-10 Budget, Budget Paper No 2, p 249.

[22] 2009-10 Budget, Budget Paper No 2, p 249.

[23] Australian Electoral Commission, submission 169, p 26.

[24] Australian Electoral Commission, submission 169, p 26.

[25] Australian Electoral Commission, submission 169, p 26.

[26] Australian Electoral Commission, submission 169, p 26.

[27] Australian Electoral Commission, submission 169, pp 26–27.

[28] Australian Electoral Commission, submission 169, p 27.

[29] Australian Electoral Commission, submission 169.1, p 42.

[30] Australian Electoral Commission, submission 169.1, p 42.

[31] Australian Electoral Commission, ‘AEC to stage Tally Room at 2007 Federal Election’, media release, 18 May 2007, viewed on 21 April 2009 at http://www.aec.gov.au/About_AEC/Media_releases/2007/05_18a.htm.

[32] Joint Standing Committee on Electoral Matters, Review of certain aspects of the administration of the Australian Electoral Commission (2007), Commonwealth of Australia, p 54.

[33] Joint Standing Committee on Electoral Matters, Review of certain aspects of the administration of the Australian Electoral Commission (2007), Commonwealth of Australia, p 53.

[34] Government response, viewed on 21 April 2009 at http://www.aph.gov.au/house/committee/em/aec/caa.pdf.

[35] Australian Electoral Commission, submission 169, p 76.

[36] Australian Electoral Commission, submission 169, p 76.

[37] Australian Electoral Commission, submission 169, p 76.

[38] Australian Electoral Commission, submission 169, pp 76-77.

[39] Australian Electoral Commission, submission 169, p 77.

[40] Australian Electoral Commission, submission 169, p 77.

[41] Commonwealth Electoral Act 1918, ss 2A to 2E.

[42] Australian Electoral Commission, submission 169.18, p 3.

[43] Dacey P, Australian Electoral Commission, transcript, 11 May 2009, p 3.

[44] Australian Electoral Commission, submission 169.18, p 4.

[45] Australian Electoral Commission, submission 169.18, p 4.

[46] Australian Electoral Commission, submission 169.18, p 1.

[47] Australian Electoral Commission, submission 169.18, p 1.

[48] Australian Electoral Commission, submission 169.18, p 3.

[49] Australian Electoral Commission, submission 169.18, p 1.

[50] Australian Electoral Commission, submission 169.18, p 2.

[51] Australian Electoral Commission, submission 169.18, p 3.

[52] Australian Electoral Commission, submission 169, p 71.

Chapter 10 Modernising regulatory arrangements

[1] Commonwealth Electoral Act 1918, part XX in relation to disclosure obligations and s 328(1) in relation to printed electoral advertisements.

[2] Commonwealth Electoral Act 1918, s 326.

[3] Australian Electoral Commission, submission 169.6, p 7.

[4] Australian Electoral Commission, submission 169, pp 68–69.

[5] Australian Electoral Commission, submission 169, p 69.

[6] Australian Electoral Commission, submission 169, pp 69–70.

[7] Australian Electoral Commission, submission 169, p 70.

[8] Australian Electoral Commission, submission 169, p 70.

[9] Australian Electoral Commission, submission 169.6, p 8.

[10] Australian Electoral Commission, submission 169.6, p 7.

[11] Australian Electoral Commission, submission 169.6, p 7.

[12] Australian Electoral Commission, submission 169.6, p 7.

[13] Australian Government, Electoral Reform Green Paper: Donations, funding and expenditure (2008), pp 69–72.

[14] Commonwealth Electoral Act 1918, s 328.

[15] NSW Greens, submission 64, p 5; Bowe W, submission 106, p 1; Australian Labor Party National Secretariat, submission 159, p 4.

[16] Australian Labor Party National Secretariat, submission 159, p 4.

Chapter 11 Other issues

[1] Orr G, Constitutionalising the franchise and the status quo: The High Court on prisoner voting rights (2007), Democratic Audit of Australia Discussion paper 19/07, p 2.

[2] Australian Electoral Commission, submission 169, Annex 3, p 30.

[3] Australian Electoral Commission, submission 169, Annex 3, p 30.

[4] Australian Electoral Commission, submission 169.1, Annex 5, p 56.

[5] Roach v Electoral Commissioner (2007) 239 ALR1.

[6] Australian Electoral Commission, submission 169, Annex 10, p 73.

[7] Democratic Audit of Australia, submission 45, p 4; Human Rights and Equal Opportunity Commission, submission 97, pp 12–17; Public Interest Advocacy Centre, submission 103, pp 24–25.

[8] Democratic Audit of Australia, submission 45, p 4.

[9] Human Rights and Equal Opportunity Commission, submission 97, pp 12–17; Public Interest Advocacy Centre, submission 103, pp 24–25.

[10] Human Rights and Equal Opportunity Commission, submission 97, pp 12–17.

[11] See submissions 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 30, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 48, 49, 52, 53, 55, 59, 69, 71, 72, 74, 75, 82, 89, 90, 91, 92, 93, 100, 101, 102, 110, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 128, 129, 130, 143, 148, 151, 152, 153, 157 and 163.

[12] See Southern Cross Group, media release, ‘Aussie Expats Urged to Have Say on Voting’, 30 April 2008, viewed on 20 April 2009 at http://www.southern-cross-group.org/archives/Overseas%20Voting/2007/SCG_Media_Release_JSCEM_Inquiry_30_April_2008.pdf

[13] ALP National Secretariat, submission 159, p 4.

[14] Australian Electoral Commission, submission 169.6, p 16.

[15] Australian Electoral Commission, submission 169.6, pp 16–17.

[16] Australian Electoral Commission, submission 169.6, p 17.

[17] Southern Cross Group, submission 158, p 49.

[18] Australian Electoral Commission, submission 169, p 58.

[19] Orr G,’Citizenship, Interests, Community and Expression: Expatriate Voting Rights in Australian Elections’, Bronitt S and Rubenstein K (eds), Citizenship in a Post-National World, Centre for International and public law, Law and policy paper 29, pp 26–27.

[20] Orr G,’Citizenship, Interests, Community and Expression: Expatriate Voting Rights in Australian Elections’, Bronitt S and Rubenstein K (eds), Citizenship in a Post-National World, Centre for International and public law, Law and policy paper 29, pp 26–27.

[21] See Morris T, submission 14; Blackney S, submission 75.

[22] See Coad L, submission 89.

[23] See Lawton R, submission 119.

[24] See Steinberg A, submission 117.

[25] Southern Cross Group, submission 158, p 7.

[26] Southern Cross Group, submission 158, p 30.

[27] Southern Cross Group, submission 158, p 30.

[28] Southern Cross Group, submission 158, p 32.

[29] Southern Cross Group, submission 158, p 32.

[30] Southern Cross Group, submission 158, p 32.

[31] Southern Cross Group, submission 158, p 32.

[32] Southern Cross Group, submission 158, p 32.

[33] Southern Cross Group, submission 158, p 44.

[34] ALP Abroad, submission 1, p 4.

[35] Australian Electoral Commission, submission 169.6, p 18.

[36] Australian Electoral Commission, submission 169.6, p 17.

[37] Australian Electoral Commission, submission 169.6, pp 17–18.

[38] Orr G,’Citizenship, Interests, Community and Expression: Expatriate Voting Rights in Australian Elections’, Bronitt S and Rubenstein K (eds), Citizenship in a Post-National World, Centre for International and public law, Law and policy paper 29, pp 26–27.

[39] Australian Electoral Commission, submission 169.17, p 11.

[40] Australian Electoral Commission, submission 169.17, p 11.

[41] Australian Electoral Commission, submission 169.17, p 11.

[42] Australian Electoral Commission, submission 169.18, p 2.

[43] Australian Electoral Commission, submission 169.18, p 2.

[44] van der Craats A, submission 51, p 3.

[45] van der Craats A, submission 51, p 3.

[46] van der Craats A, submission 51.2, p 15.

[47] van der Craats A, submission 51, p 4.

[48] van der Craats A, submission 51.1.

[49] van der Craats A, submission 188.1.

[50] Miragliotta N, ‘Little differences, big effects: An example of the importance of choice of method for transferring surplus votes in PR-STV voting systems’, Representation, vol 41 no 1, pp 15–24.

[51] Green A, transcript, 23 July 2008, p 21.

[52] Green A, submission 62.1, pp 23–26.

[53] Green A, submission 62.1, p 23.

[54] Green A, submission 62.1, p 23.

[55] van der Craats A, submission 51.3.

[56] van der Craats A, submission 188.1, p 40.

[57] Australian Electoral Commission, submission 169.3, p 5.

[58] Australian Electoral Commission, submission 169.3, p 5.

[59] Australian Electoral Commission, submission 169.3, p 2.

[60] Australian Electoral Commission, submission 169.3, p 2.

[61] Australian Electoral Commission, submission 169.3, p 2.

[62] Australian Electoral Commission, submission 169.3, p 2.

[63] Australian Electoral Commission, submission 169.3, p 2.

[64] AEC website, ‘Supply of elector information for compliance with identity verification legislation’, viewed on 26 April 2009 at http://www.aec.gov.au/Enrolling_to_vote/About_Electoral_Roll/id_verification.htm.

[65] Global Data Company, submission 70, p 2.

[66] Global Data Company, submission 70, p 2.

[67] Global Data Company, submission 70, p 2; FCS OnLine, submission 83, p 1; Australian Finance Conference, submission 104, pp 2–3.

[68] Global Data Company, submission 70, p 3.

[69] Sedgely E, Global Data Company, transcript, 12 August 2008, p 33.

[70] FCS OnLine, submission 83, p 2.

[71] Australian Finance Conference, submission 104, p 3.

[72] Australian Finance Conference, submission 104, p 4.

[73] Australian Electoral Commission, submission 169, Annex 10, p 75.

Supplementary Remarks

[1] Australian Electoral Commission, submission 169.6, Annex 3. Note that the national total for electors with British subject notation differs from that in the Australian Electoral Commission’s submission (159,095) due to an error made by the Commission in summing each division and jurisdictions. There are also minor differences in the totals for New South Wales (41,509 not 41,510) and Victoria (41,742 not 41,743).

[2] Australian Democrats, submission 56, p 12.

[3] Australian Electoral Commission, ‘British Subjects Eligibility’, viewed on 26 November 2008, at http://www.aec.gov.au/Enrolling_to_vote/British_subjects.htm.

[4] Australian Electoral Commission, ‘Fact Sheet No. 3 – Voting in the Federal Election’, viewed on 27 November 2008,http://www.foundingdocs.gov.au/resources/transcripts/cth5i_doc_1902.pdf.

[5] Section 3, Commonwealth Franchise Act 1902.

[6] National Archives of Australia, ‘Documenting a Democracy, Commonwealth Electoral Act 1924’, viewed on 10 December 2008 at http://www.foundingdocs.gov.au/item.asp?sdID=89.

[7] Dyrenfurth N, ‘The Spirit of Sturdy Independence”: Robert Menzies’ Language of Citizenship, 1942-52’, Australian Journal of Politics and History, Volume 52, number 2, 2006, pp. 202-223.

[8] N Dyrenfurth, “The Spirit of Sturdy Independence”: Robert Menzies’ Language of Citizenship, 1942 52, Australian Journal of Politics and History: Volume 52, Number 2, 2006, pp. 202-223.

[9] National Archives of Australia, Commonwealth Documents, ‘Nationality and Citizenship Act 1948’, viewed on 27 November 2008 at http://www.foundingdocs.gov.au/item.asp?sdID=97.

[10] Statute Law (Miscellaneous Amendments) Act 1981, s 32.

[11] Statute Law (Miscellaneous Amendments) Act 1981, s 32.

[12] Hon I MacPhee MP, Minister for Immigration and Ethnic Affairs, Hansard, 7 May 1981, p 2117.

[13] Hon I MacPhee MP, Minister for Immigration and Ethnic Affairs, Hansard, 7 May 1981, p 2117.

[14] Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, s 215

[15] Commonwealth of Australia Gazette, 26 January 1984, No. S247.

[16] Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, schedule 1.

[17] Hon L Bowen MP, Attorney General, House of Representatives Hansard, p 2170.

[18] Gleeson CJ, Gummow and Hayne JJ in Sue v Hill (1999) 163 ALR 648 at 665.

[19] Commonwealth of Australia Constitution Act, s 44(i).

[20] Commonwealth Electoral Act 1918, s 354.

[21] Sykes v Cleary (1992) 109 ALR 577.

[22] Sue v Hill (1999) 163 ALR 648.

[23] Gaudron J, Sue v Hill (1999) 163 ALR 648 at 692.

[24] Gaudron J, Sue v Hill (1999) 163 ALR 648 at 693 and 694.

[25] Gaudron J, Sue v Hill (1999) 163 ALR 648 at 695.

[26] Australian Electoral Commission, submission 169.6, Annex 3. The national total for electors with British subject notation differs from that in the Australian Electoral Commission's submission 169.6 for the national total of electors with British subject notation (159,095) and total enrolment (13,783,688). There are also minor differences for the New South Wales total (41,510) and Victorian total (41,742). These are due to errors made by the Commission in summing each division and jurisdiction.

[27] Australian Electoral Commission, submission 169.6, p 12.

[28] Appendix C, table C.10..

[29] Australian Citizenship Legislation Amendment Bill 2002, clause 1.

[30] Rubenstein K, ‘Citizenship in the age of globalisation: The cosmopolitan citizen?’, in Chen J, Puig GV and Walker G (eds), Rights protection in the age of global anti-terrorism (2007), Law in Context 88.

[31] Citizenship and Immigration Canada, ‘Dual Citizenship’, viewed on 22 September 2008 at http://www.cic.gc.ca/english/resources/publications/dualci_e.asp.

[32] New Zealand Embassy, ‘Dual Citizenship/Nationality’, viewed on 22 September 2008 at http://www.nzembassy.com/info.cfm?c=36&l=96&CFID=9817&CFTOKEN=11005406&s=nz &p=60956.

[33] Home Office, UK Border Agency, ‘Can I be a citizen of two countries’, viewed on 7 May 2009 at http://www.ukba.homeoffice.gov.uk/britishcitizenship/dualnationality/.

[34] Article 9 of the Constitution of the Republic of India, India Code Legislative Department, viewed on 19 September 2008 at http://indiacode.nic.in/coiweb/coifiles/p02.htm; Article 134 of the Constitution of the Republic of Singapore, Singapore Statutes Online website, viewed on viewed on 22 September 2008 at http://statutes.agc.gov.sg/non_version/cgibin/ cgi_retrieve.pl?actno=REVEDCONST& doctitle=CONSTITUTION%20OF%20THE%20REPUBLIC%20OF%20SINGAPORE% 0a&date=latest&method=part&sl=1.

[35] Australian Electoral Commission, submission 169.15, p 12.

[36] Australian Electoral Commission, submission 169.15, p 12.

[37] Australian Electoral Commission, submission 169.15, p 12.