The bill lowers the voting age for federal elections and referenda from 18 to 16 years and extends compulsory voting to 16- and 17-year-olds, while allowing election-day and early enrolment with provisional voting and waiving fines for young voters.
It also lowers the enrolment age from 16 to 14 and permits eligible but unenrolled Australians to enrol or update their address at polling or early voting centres on election day.
The Electoral Legislation Amendment (Lowering the Voting Age) Bill 2023 amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. It lowers the minimum voting age from 18 to 16 by substituting “16” for “18” in various provisions of the Commonwealth Electoral Act (including sections 55, 93, 95, 100, 101 and others) and in paragraph 22(2)(b) of the Referendum (Machinery Provisions) Act. At the same time, it reduces the enrolment age from 16 to 14 by amending subsections 4(3), 98(1), 98(3), and related clauses to allow 14- and 15-year-olds to enrol.
The bill maintains compulsory voting for 16- and 17-year-olds and adds “being 16 or 17 years of age” as a valid reason for failing to vote, so that the Deputy Returning Officer may waive penalty notices. It introduces new election-day and early voting enrolment pathways via subsections 98(6), 102(5A), 235(1)(f), 235(3A), and equivalent referendum provisions in sections 37(1)(f) and 37(3A) of the Referendum Act. These amendments enable eligible but unenrolled or incorrectly enrolled electors to enrol or update their address at polling centres on election day (or at early voting centres) and cast a provisional vote immediately, with enrolment deemed effective at that time.
Extending the franchise to 16- and 17-year-olds deepens democratic inclusion by recognizing young people as stakeholders in public policy. Under Article 25 of the ICCPR, citizens have the right to take part in public affairs; extending this to younger adults aligns domestic law with international norms.
Early engagement through enrolment and voting fosters civic education and lifelong political participation. Allowing 14- and 15-year-olds to enrol creates a pipeline for sustained involvement, reducing future disenfranchisement and strengthening the electorate’s diversity [Judgment].
By waiving fines for genuine first-time or age-related non-voting, the bill balances compulsory voting with fairness, ensuring that young voters are not deterred by penalties and are instead encouraged to participate.
While inclusivity is a laudable goal, evidence on the capacity of 16- and 17-year-olds to make informed voting decisions is mixed. There is limited data showing that lowering the voting age improves election outcomes or long-term civic engagement, and it may dilute the vote of more experienced citizens [Judgment].
The additional administrative burden—revising multiple sections of two Acts, updating rolls, training polling staff and managing provisional votes—will impose non-trivial costs on the Australian Electoral Commission. Those resources might be better directed at improving voter education and simplifying enrolment for all age groups.
2023-02-08
Senate
Before Senate
STEELE-JOHN, Sen Jordon
Unspecified
Democratic Institutions, Civics, Discrimination / Human Rights