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Election Reminder for Enduring Attorneys

With a date finally set for the federal election, this seems like a good time to remind Enduring Attorneys that they are not empowered to undertake special personal matters on behalf of Principals.

The Powers of Attorney Act 1998 (Qld) (“Act”) provides that Enduring Attorneys may not make decisions about ‘special personal matters’ for a Principal.  Such decisions include exercising the principal's right to vote in a Commonwealth, State or local government election or referendum.

In accordance with the Act, Enduring Attorneys should not vote on behalf of the Principals.  Of course, this does not mean that where a Principal has the capacity to vote that an Enduring Attorney cannot assist them to the polling station or to post their postal vote for them, for example but it does mean that the Enduring Attorney cannot complete a ballot paper on behalf of or in any way cast a vote for the Principal.

Where a Principal is unable to understand the nature and effect of voting, the Enduring Attorney should complete an Objection Form – available from the Australian Electoral Commission (“AEC”) and obtain a medical certificate from the Principal’s treating doctor confirming that they do not have capacity to vote.  These should be returned to the AEC and if accepted, the Principal’s name will be removed from the roll.

Voting with a disability

Australia employs a compulsory voting system.  People risk being fined if they fail to enrol to vote or fail to cast their vote, this includes those with disabilities. Disappointingly, many people with disabilities experience difficulties in accessing polling booths and voting information, such as ballot papers.

Commonwealth Electoral Act 1918 (Cth) allows certain voters who have disabilities to seek assistance in casting their vote and / or to vote outside a polling booth if necessary.

Alternatively, the general postal voting service may be used.  However, many voters prefer to vote in person and a disability should not be a barrier to doing so.  Discrimination by failing to provide access to premises (for example, to polling booths) or failing to provide services may be contrary to the provisions of the Disability Discrimination Act 1992 (Cth).

Further information regarding accessibility and voting with a disability can be obtained from the AEC (www.aec.gov.au).