Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

I move Australian Greens amendment (1) on sheet 1862:

(1) Page 63 (after line 2), at the end of the Bill, add:

Schedule 11 — Entitlement to vote

Commonwealth Electoral Act 1918

1 Subsection 93(2)

Omit ", (5) and (8AA)", substitute "and (5)".

2 Subsection 93(8AA)

Repeal the subsection.

3 Section 109

Repeal the section.

4 Subsection 110(1)

Omit "sections 108 and 109", substitute "section 108".

5 Subsection 112(2)

Repeal the subsection, substitute:

Application of section 108 to the Australian Capital Territory

(2) For the purposes of the application of section 108 in relation to the Australian Capital Territory:

(a) the Australian Capital Territory does not include Norfolk Island or the Jervis Bay Territory; and

(b) subject to subsection (3), section 108 applies in relation to Norfolk Island as if references in that section to a State were references to Norfolk Island; and

(c) subject to subsection (4), section 108 applies in relation to the Jervis Bay Territory as if references in that section to a State were references to the Jervis Bay Territory.

6 Subsection 112(5)

Repeal the subsection.

7 Subsection 112(6)

Repeal the subsection, substitute:

Application of section 108 to the Northern Territory

(6) For the purposes of the application of section 108 in relation to the Northern Territory:

(a) the Northern Territory does not include the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and

(b) subject to subsection (7), section 109 applies in relation to the Territory of Christmas Island as if references in that section to a State were references to the Territory of Christmas Island; and

(c) subject to subsection (8), section 109 applies in relation to the Territory of Cocos (Keeling) Islands as if references in that sections to a State were references to the Territory of Cocos (Keeling) Islands.

8 Subsection 112(9)

Repeal the subsection.

9 Paragraph 208(2)(b)

Omit "; and".

10 Paragraph 208(2)(c)

Repeal the paragraph.

11 Paragraph 221(3)(a)

Omit "or".

12 Paragraph 221(3)(b)

Repeal the paragraph.

This amendment would remove the restriction on people in prison being able to vote. Denying people in prison the right to vote is like adding punishment beyond their imprisonment. It treats people in prison as if they are not members of the Australian community and as if their views on constitutional reforms that impact the way we live our lives don't matter. Restricting the right of people in prison to vote is a form of disenfranchisement, which heavily affects already marginalised people.

The overincarceration of First Nations people means that disenfranchisement disproportionately affects Aboriginal communities, which are already neglected by political processes. Some 0.6 per cent of Aboriginal people in Australia are disenfranchised by restrictions on voting from prison, compared to 0.075 per cent of non-Aboriginal people. We know that many people removed from the electoral roll while in prison may not re-enrol after their release, which just compounds the disenfranchising impact of the restriction.

This amendment seeks to restore the dignity and voting rights of people in prison. I urge the chamber to support it.