Electoral system of Australia

The electoral system used for the election of members of the Australian Parliament is governed primarily by the Commonwealth Electoral Act 1918. The system presently has a number of distinctive features including compulsory enrolment; compulsory voting; majority-preferential instant-runoff voting in single-member seats to elect the lower house, the House of Representatives; and the use of the single transferable vote proportional representation system to elect the upper house, the Senate.
The timing of elections is governed by the Constitution and political conventions. Generally, elections are held approximately every three years and are conducted by the independent Australian Electoral Commission.

Conduct of elections

Federal elections, by-elections and referendums are conducted by the Australian Electoral Commission.

Voter registration

In Australia, voter registration is called enrolment, which is a prerequisite for voting at federal elections, by-elections and referendums. Enrolment is compulsory for Australian citizens over 18 years of age who have lived at their current address for at least one month. Residents in Australia who had been enrolled as British subjects on 25 January 1984, though not Australian citizens, continue to be enrolled. They cannot opt out of enrolment, and must keep their details updated, and vote.

Electoral rolls

The AEC maintains a permanent Commonwealth electoral roll. State and local elections are today based upon the Commonwealth electoral roll, maintained under joint roll arrangements, though each state and territory regulates its own part of the electoral roll. The same enrolment application or update form can be used for Commonwealth, state and local rolls.

Enrolment of electors

Special rules apply to citizens going or living outside the country, to military personnel and to prisoners, all of which do not reside at their normal residential address for electoral purposes. Homeless people or those otherwise with no fixed address have a particular problem with registration, not having a current address to give. Enrolment is optional for 16- or 17-year-olds, but they cannot vote until they turn 18. A person can register or update their details online or by mailing in a paper form.
If a change of address causes an individual to move to another electorate, they are legally obliged to notify the AEC within 8 weeks. The AEC monitors house and apartment sales and sends a reminder to new residents if they have moved to another electorate, making compliance with the law easier. The AEC conducts periodic door-to-door and postal campaigns to try to ensure that all eligible persons are registered in the correct electorate. An individual has 8 weeks after turning 18 to register and the 8-week period also applies to update of details. Failure to enrol or update details can incur a fine.

Closing of electoral rolls before an election

Federal and state electoral rolls are closed for new enrolments or update of details before each election. For federal elections, they are closed 7 days after the issue of writs for election. The closing dates vary for state and territory elections. Historically, most new applications and updates are received after an election is called, before the closing of rolls.

Prisoners

Persons who are serving prison terms may be disqualified to vote, based on the length of their sentence. Federally, prisoners serving a full time prison sentence of less than three years [|must enrol and vote] in federal elections. There are varying laws for prisoners' eligibility to vote in state or territory elections:

In the Australian Capital Territory and South Australia, all prisoners are eligible.
In Victoria, prisoners must be serving a sentence of less than five years to be eligible.
In Queensland, Tasmania and the Northern Territory, prisoners must be serving a sentence of less than three years to be eligible.
In New South Wales and Western Australia, prisoners must be serving a sentence of less than one year to be eligible.

Despite those serving short sentences being allowed and required to vote, voter turnout amongst prisoners is low. In 2010, a Victorian government review found only 26% of prisoners serving less than three year sentences were enrolled, despite them being eligible and legally obliged to do so. At the 2013 federal election, only 2 prisoners at the Silverwater Correctional Centre voted, according to the general manager of the prison.

Public funding of political parties

To receive federal public funding, a political party must be registered under the Electoral Act, which requires that they have at least 1500 members. All nominations for party-endorsed candidates must be signed by the Registered Officer of a registered party. The name of registered parties appear on ballot papers. Separate registers of parties are maintained for each state and territory, with their own membership requirements.
To receive public funding, a candidate must receive at least 4% of the first preference vote in the division or the state or territory they contested.

Nomination

Candidates for either house must formally nominate with the Electoral Commission. The nomination for a party-endorsed candidate must be signed by the Registered Officer of a party registered under the Electoral Act. Fifty signatures of eligible voters are required for an independent candidate.
A deposit of $2,000 is required for a candidate for the House of Representatives or the Senate. This deposit is refunded if the candidate is elected or gains at least 4% of the first preference vote.
Between 10 and 27 days must be allowed after the issue of writs before the close of nominations.
The name and political affiliation of candidates who are disendorsed by or resign from a party after the close of nominations, continue to appear on the ballot paper, and they stand as independents. However, complications arise for senate candidates in that position in respect of voting "above the line" as party lists would also have been registered.

Election day

The date and type of federal election is determined by the Prime Minister – after a consideration of constitutional requirements, legal requirements, as well as political considerations – who advises the Governor-General to set the process in motion by dissolving either or both houses and issuing writs for election for the House of Representatives and territorial senators. The Constitution of Australia does not require simultaneous elections for the Senate and the House of Representatives, but it has long been preferred that elections for the two houses take place simultaneously. The most recent House-only election took place in 1972, and the most recent Senate-only election took place in 1970. The last independently dated Senate election writ occurred during the Gair Affair in 1974. Federal elections must be held on a Saturday which has been the case since the 1913 federal election.
Subject to those considerations, an election for the House of Representatives can be called at any time before the expiration of the three-year term of the House of Representatives The term of the House of Representatives starts on the first sitting day of the House following its election and runs for a maximum of three years, but the House can be dissolved earlier. The date of the first sitting can be extended provided that "There shall be a session of the Parliament once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session, but subject to the requirement that the House shall meet not more than 30 days after the date appointed for the return of the writs." The actual date of the election is later. Between 10 and 27 days must be allowed for nominations, and the actual election would be set between 21 and 31 days after the close of nominations. Accordingly, between 31 and 58 days must be allowed after the issue of the writs to the election.
The term of senators ends on 30 June either three or six years after their election. Elections of senators at a half-Senate election must take place in the year before the terms expire, except if parliament is dissolved earlier. The terms of senators from the territories align with House elections. The latest date that a half-Senate election can be held must allow time for the votes to be counted and the writs to be returned before the newly elected senators take office on 1 July. This took over a month in 2016, so practically, the date in which a half-Senate election is to take place must be between 1 July of the year before Senate terms expire until mid-May of the expiry year.
A double dissolution cannot take place within six months before the date of the expiry of the House of Representatives.

Constitutional and legal provisions

The Constitutional and legal provisions which impact on the choice of election dates include:

Section 12 of the Constitution says: "The Governor of any State may cause writs to be issued for the election of Senators for that State"
Section 13 of the Constitution provides that the election of senators shall be held in the period of twelve months before the places become vacant.
Section 28 of the Constitution says: "Every House of Representatives shall continue for three years from the first sitting of the House, and no longer, but may be sooner dissolved by the Governor-General."
Section 32 of the Constitution says: "The writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof."
Section 156 of the CEA says: "The date fixed for the nomination of the candidates shall not be less than 10 days nor more than 27 days after the date of the writ".
Section 157 of the CEA says: "The date fixed for the polling shall not be less than 23 days nor more than 31 days after the date of nomination".
Section 158 of the CEA says: "The day fixed for the polling shall be a Saturday".