Received a penalty notice for not voting? Don't panic. While voting is compulsory in Australia, the Australian Electoral Commission (AEC) recognises that legitimate reasons can prevent people from voting. This comprehensive guide explains the penalties, valid excuses, and your options for responding to a fine — including how to appeal if necessary.
Understanding voting penalties — know your rights and options
Quick Overview: Voting Penalties
Australia's compulsory voting system includes penalties for those who fail to vote without a valid reason. Here's what you need to know about the fines and your response options.
Penalty Structure at a Glance
Fine Amounts
- Initial penalty: $20
- Court fine: Up to $222 + costs
- State variations: Some states have higher fines
Response Options
- Pay the fine: Accept and pay $20
- Provide reason: Explain why you couldn't vote
- Dispute: Challenge if you did vote
Understanding Compulsory Voting Laws
Before diving into penalties, it's important to understand why you can be fined for not voting and which elections this applies to.
The Legal Framework
Compulsory voting in Australia is governed by several key pieces of legislation. For federal elections, the requirement is set out in Section 245 of the Commonwealth Electoral Act 1918. Each state and territory also has its own electoral acts with similar provisions for state elections, and various local government acts enforce voting for most council elections.
Which Elections Are Compulsory?
Compulsory Voting Applies To:
You are required to vote in all federal elections (House of Representatives and Senate), state and territory elections, and constitutional referendums. Most local council elections are also compulsory, although this varies by state. Some by-elections also have compulsory voting, so it's always best to check the specific requirements.
Who Must Vote?
All Australian citizens aged 18 and over who are enrolled to vote must cast a ballot in compulsory elections. This includes citizens living in Australia, those registered as overseas electors, people temporarily absent from their electorate, and even individuals in hospitals or care facilities, for whom mobile polling is often available.
The Penalty Notice Process
Understanding how the penalty process works helps you respond appropriately and within required timeframes.
Step 1: Electoral Roll Check
After each election, the AEC or the relevant state electoral commission undertakes a thorough check of the electoral roll. They do this by scanning the certified lists from all polling places and cross-referencing postal and pre-poll votes to identify enrolled voters who appear not to have voted.
Step 2: Initial Notice
If you are identified as a non-voter, you will receive an "Apparent Failure to Vote Notice" within three months of the election. This notice explains that you appear not to have voted, that this is an offence without a valid reason, and provides you with response options and a deadline, usually 21 days.
Important: This is NOT a Fine Yet
The initial notice is an opportunity to explain. It's not a fine until you either choose to pay the penalty or fail to provide a valid reason. Many people successfully provide reasons and avoid any penalty.
Step 3: Your Response Options
You have three ways to respond to the notice. You can confirm that you did vote by providing details of when and where. Alternatively, you can provide a valid and sufficient reason explaining why you couldn't vote. Finally, you can accept responsibility and pay the $20 penalty.
Step 4: Assessment
The Divisional Returning Officer (DRO) for your electorate will review your response. If your voting details are verified, the matter is closed. If your reason is deemed valid and sufficient, no penalty will be applied. However, if your reason is not considered acceptable, the penalty will apply.
Step 5: Further Action
If you don't respond or your reason is not accepted, you will receive a penalty reminder notice. Continued failure to respond will likely lead to court prosecution, where a magistrate can impose much higher fines and additional court costs.
Valid and Sufficient Reasons for Not Voting
The AEC and courts have established what constitutes a "valid and sufficient reason" for failing to vote. Each case is assessed individually, but precedents provide guidance.
Commonly Accepted Reasons
Health and Physical Reasons
Commonly accepted health reasons include illness or disability that prevents attendance at a polling place, caring for a seriously ill family member, or experiencing a medical emergency, hospitalisation, or complications from pregnancy.
Circumstances Beyond Control
Valid reasons can also include circumstances beyond your control, such as being affected by a natural disaster like a flood or fire, being involved in an accident, being unexpectedly overseas, or experiencing a family emergency or bereavement.
Religious Beliefs
Religious objections to voting can be complex. While a general conscientious objection is not accepted, a genuine, deeply held religious conviction that prohibits civic participation may be considered a valid reason. Each case is assessed individually.
Other Potentially Valid Reasons
Other reasons that may be accepted include being genuinely unaware of the election (e.g., if you have no fixed address), having work emergencies if you are an essential service or emergency response worker, being in custody, or being in such a remote location that you had no reasonable access to a polling place.
Invalid Reasons
Reasons NOT Accepted
Reasons that are generally not accepted include forgetting it was election day, being too busy with work or social commitments, disliking all candidates, or making a political protest. Believing your vote doesn't matter or choosing leisure activities over voting are also not considered valid excuses.
How to Respond to a Penalty Notice
Responding promptly and appropriately to your notice is crucial. Here's how to handle each response option:
Option 1: If You Did Vote
If you believe you voted but received a notice, you should first check you are thinking of the correct election. Then, recall the details of where and approximately when you voted, and whether it was an ordinary, postal, pre-poll, or absent vote. You can then provide this information on the response form.
Common reasons for such errors include your name being marked off incorrectly at the polling place, a postal vote not being received in time, or a vote cast in the wrong electorate not yet being processed.
Option 2: Providing a Valid Reason
When explaining why you couldn't vote:
Tips for Explaining Your Reason
When providing your reason, be honest, as false statements can lead to prosecution. Be specific with dates, times, and circumstances, and attach evidence like medical certificates or travel documents if possible. Keep your explanation concise and factual, and most importantly, submit it before the deadline.
Writing Your Explanation
A clear and simple structure is best for your response. State that you are responding to the notice and include your reference number. Explain clearly why you were unable to vote, providing specific details and a timeline of events. Attach any supporting documentation you have and formally request that the matter be withdrawn.
Option 3: Paying the Penalty
If you accept that you failed to vote without a valid reason, you can pay the $20 penalty. Payment can usually be made online, by phone, mail, or in person. It is crucial to pay by the deadline to close the matter and avoid further action, and you should keep a copy of the receipt for your records.
Supporting Evidence and Documentation
Strong supporting evidence significantly improves your chances of having a penalty withdrawn:
Medical Evidence
For health-related reasons, a medical certificate from a registered practitioner is the most common form of evidence. You could also use hospital admission or discharge summaries, letters from specialists for ongoing conditions, or even pharmacy records showing treatment for an acute illness.
Travel Documentation
If you were overseas, provide flight itineraries showing your travel dates, passport stamps for entry and exit, or accommodation bookings. If travel was for work, a letter or travel orders from your employer can also be used.
Emergency Situations
In case of an emergency, a police report for an accident, an insurance claim for a natural disaster, or a death certificate for a family bereavement can serve as powerful evidence. Records from emergency services can also be used if you were responding to an emergency.
Other Supporting Documents
Other useful documents include statutory declarations from witnesses, letters from employers for work emergencies, records from a care facility if you were a carer, or letters from a religious authority for religious objections.
State and Territory Variations
While federal election penalties are consistent, state and local election fines vary:
State Election Penalties
| State/Territory | Initial Penalty | Court Maximum |
|---|---|---|
| NSW | $55 | $110 + costs |
| Victoria | $92 | $200+ + costs |
| Queensland | $153.30 | $306.60 + costs |
| WA | $20 | $50 + costs |
| SA | $70 | $315 + costs |
| Tasmania | $34 | $340 + costs |
Note: Penalties subject to change. Check with your state electoral commission for current amounts.
Local Council Elections
Voting requirements for council elections also vary by state. It is compulsory for residents in NSW, Victoria, Queensland, and Tasmania. However, voting in local council elections is currently voluntary in Western Australia and South Australia.
Escalation to Court Proceedings
If you don't respond to the initial notice or your reason is rejected, the matter may proceed to court.
Court Process Timeline
The process typically begins with a final warning, offering a last chance to pay the penalty. If you don't, you will receive a court summons with a notice to appear. The case will then be heard by a magistrate who will deliver a judgment, either dismissing the case or finding you guilty and imposing a sentence.
Possible Court Outcomes
If Found Guilty
If found guilty in court, you could be fined up to $222 for a federal election (or the state maximum), plus court costs which are often over $100. In some states, a criminal conviction may also be recorded. The total cost can easily exceed $300-$500.
Defending in Court
If you choose to defend the charge in court, it's advisable to seek legal advice. You will need to prepare your evidence and gather all supporting documents and witness statements. You will also need to be familiar with proper court procedures and etiquette.
Ex-Parte Hearings
You can elect for the matter to be heard in your absence, known as an ex-parte hearing. This involves submitting a written explanation with your evidence to the court, which will then make a decision based on your submission. While this avoids the need to attend court, you still risk fines and costs if you are unsuccessful.
Special Circumstances and Exemptions
Certain groups face unique challenges with compulsory voting:
People Experiencing Homelessness
People experiencing homelessness may not receive penalty notices due to having no fixed address. They can often cite a lack of awareness as a valid reason. There are special enrolment provisions available, and support services can assist with providing explanations to the AEC.
Mental Health Considerations
An acute mental health episode is generally accepted as a valid reason for not voting, and providing medical evidence can strengthen the case. Ongoing conditions are assessed on a case-by-case basis, and a support person can assist with the response.
Remote and Indigenous Communities
For those in remote and Indigenous communities, the distance from polling places, cultural obligations, issues with mobile polling schedules, and language barriers are all acknowledged as potential valid reasons for not voting.
Young and First-Time Voters
First-Time Voter Considerations
While ignorance of the law isn't an excuse, first-time voters who can demonstrate genuine confusion about enrolment or voting requirements may receive more lenient consideration, especially if they take steps to comply in future elections.
Preventing Future Fines
The best approach is to avoid penalties altogether by ensuring you vote in every election:
Stay Enrolled and Updated
Ensure you are always ready to vote by enrolling to vote as soon as you are eligible. It is also a legal requirement to update your address whenever you move. You can check your enrolment status online at any time and should keep your contact details current.
Plan Your Vote
To avoid missing an election, mark election dates in your calendar as soon as they are announced. If you know you'll be busy on election day, take advantage of pre-poll voting in the weeks leading up to it. If you'll be away or are unable to attend a polling place, you can apply for a postal vote. Always know your polling locations in advance.
Special Voting Options
If you have difficulty voting in the usual way, the AEC offers several special voting options. Mobile polling teams visit many hospitals and aged care facilities. Telephone voting is available for voters who are blind or have low vision. You can also cast an absent vote at any polling place in your state or territory, and there are even special provisions for Antarctic workers.
Interstate and Overseas
If you are travelling, you can apply for a postal vote before you go, or vote at an interstate polling place. The AEC also sets up overseas voting centres in major cities around the world. If you are living abroad long-term, you should register as an overseas elector.
Multiple Voting Offences
Repeated failure to vote or multiple voting carries more serious consequences:
Repeat Non-Voting
Each election is treated as a separate offence. While previous compliance is considered in any assessment, courts may impose higher fines for repeat offences as it demonstrates a pattern of non-compliance.
Multiple Voting
Voting More Than Once
Voting multiple times in the same election is a serious criminal offence. The penalties can include fines up to $19,800, imprisonment for up to 12 months, and a criminal conviction. Such cases are referred to the Australian Federal Police for investigation.
Getting Help and Support
Various resources are available if you need assistance:
Electoral Commission Support
The AEC provides extensive support through its hotline at 13 23 26 and detailed guides and FAQs on its website. They also offer language services with interpreters and accessibility support for voters with disabilities.
Legal Assistance
If you need legal advice, Legal Aid commissions in each state and territory, as well as Community Legal Centres, can offer free advice on electoral matters. Private lawyers can be engaged for complex cases, and court duty lawyers are often available on the day of a hearing.
Support Services
Social workers, medical professionals, and community organisations can assist by helping to explain your circumstances or providing supporting documentation. Migrant services can also help with language and cultural issues that may present barriers to voting.
Frequently Asked Questions
How much is the fine for not voting in Australia?
The initial penalty for not voting is $20 if you pay it promptly. However, if you don't respond to the penalty notice or the matter goes to court, fines can increase significantly. Court-imposed fines can be up to $222 (one penalty unit) plus court costs, which can total over $300.
What are valid reasons for not voting?
Valid reasons include illness or disability, being absent from Australia, religious beliefs (in some cases), natural disasters, accidents preventing attendance, saving life or preventing crime on the way to vote, or being unaware of the election due to no fixed address. Each case is assessed individually by the Divisional Returning Officer.
How long do I have to respond to a penalty notice for not voting?
You typically have 21-28 days to respond to an apparent failure to vote notice. The exact timeframe will be specified on your notice. It's important to respond within this time to avoid escalation to court proceedings and increased penalties.
Can I go to jail for not voting in Australia?
No, you cannot be jailed for failing to vote in Australian elections. The penalties are financial only. The maximum penalty is a fine, which can be increased if the matter goes to court and you're found guilty. There is no provision for imprisonment for the offence of failing to vote.
What if I forgot to vote?
Unfortunately, forgetting is not considered a valid reason for failing to vote. The AEC expects voters to be aware of election dates through extensive media coverage and public notices. If you forgot, your best option is usually to pay the $20 penalty promptly rather than risk higher court fines.
Can I dispute a fine if I did vote?
Yes, if you voted but received a penalty notice, you should respond explaining when and where you voted. Provide as much detail as possible including the polling place, approximate time, and type of vote (ordinary, postal, pre-poll, or absent). The AEC will investigate and withdraw the penalty if your vote is verified.
Real-World Examples
Understanding how reasons are assessed in practice helps you prepare your response:
Accepted Reasons - Examples
Medical Emergency
A voter was admitted to hospital with appendicitis on election day. They provided hospital admission records. Result: Penalty withdrawn.
Natural Disaster
A voter's property was threatened by bushfire, requiring evacuation on election day. They provided evacuation notice and insurance claim. Result: Valid reason accepted.
Carer Responsibilities
A voter couldn't leave their seriously ill parent who required constant care. Medical certificate and care plan provided. Result: Penalty withdrawn.
Rejected Reasons - Examples
Work Commitments
A voter claimed they had to work all day. No evidence of attempts to vote early or apply for postal vote.Result: Not valid - early voting options available.
Political Protest
A voter stated they didn't vote because they disagreed with all candidates and the political system.Result: Not valid - personal political views not accepted.
The Appeal Process
If your reason is rejected, you still have options:
Internal Review
You can request an internal review by asking for a senior officer to reconsider your case. When doing so, you should provide any additional evidence you may have, clarify your circumstances in more detail, and if possible, reference any similar cases that have been accepted.
Court Appeal
If the matter proceeds to court, you can plead not guilty and defend the charge. This will involve presenting your evidence in person, calling any witnesses who can support your case, and potentially seeking legal representation.
After Court Decision
After a court decision, your options are limited. You may be able to appeal the conviction, but usually only on specific legal grounds. If you are facing financial hardship, you can apply for a payment plan or, in some states, community service may be available instead of a fine.
Financial Hardship Considerations
If you're experiencing financial difficulty:
Payment Options
Several options may be available if you are facing financial hardship. You can request a payment plan to pay in installments or ask for an extension of time to pay. In some cases, automatic deductions from Centrelink benefits can be arranged, and some states offer work and development orders as an alternative to fines.
Hardship Applications
When applying for hardship consideration, you will need to provide evidence of your financial situation, such as bank statements or Centrelink details. You should explain the impact the fine would have on your essential needs and propose a realistic payment arrangement.
Important Record Keeping
Maintain good records throughout the process:
Documents to Keep
Essential Records
It is crucial to keep thorough records. This includes the original penalty notice with its reference number, copies of all correspondence you send, all supporting evidence, and receipts for any payments. You should also keep notes of phone conversations with dates and any court documents if the matter proceeds that far.
Timeline Tracking
To help manage your response, keep a record of important dates. Note the date of the election, the date you received the notice, the deadline for your response, the date you responded, and the dates of any follow-up correspondence.
Final Advice: Act Promptly and Honestly
Receiving a penalty notice for not voting can be stressful, but it's important to remember that it is an opportunity to explain your circumstances before any fine is imposed. The key to successfully handling a notice is to respond quickly and not miss deadlines, be honest in your explanations, provide documentation to support your reason, and seek help if you need it.
Remember, the initial $20 penalty is much less than potential court fines and costs. If you don't have a valid reason, it's often better to pay promptly rather than risk escalation. However, if you genuinely couldn't vote due to circumstances beyond your control, don't hesitate to provide your explanation — many valid reasons are accepted.
Prevention is Better Than Penalties
The best approach is to ensure you vote in every election. Stay enrolled, plan ahead, and use the various voting options available. See our guides on enrolling to vote and understanding compulsory voting requirements to avoid future penalties.
Australia's compulsory voting system ensures high democratic participation, but it recognizes that legitimate circumstances can prevent voting. By understanding your rights and responsibilities, you can navigate the penalty process effectively and maintain your civic obligations.