STANDING COMMITTEE ON EDUCATION, TRAINING AND YOUNG PEOPLE Inquiry into the Eligible Voting Age
SEPTEMBER 2007
Report 5
STANDING COMMITTEE ON EDUCATION, TRAINING AND YOUNG PEOPLE
Committee Membership
Ms Mary Porter AM MLA Chair
Mr Mick Gentleman MLA Deputy Chair
Mrs Vicki Dunne MLA Member
Secretariat
Dr Sandra Lilburn Committee Secretary
Ms Lydia Chung Administration Support
Contact information
Phone: (02) 6205 0127 Fax: (02) 6205 0432 E‐mail: [email protected] Website: www.parliament.gov.au/committees Post: GPO Box 1020 CANBERRA ACT 2601
i STANDING COMMITTEE ON EDUCATION, TRAINING AND YOUNG PEOPLE
Resolution of Appointment
On the 7 December 2004 the Legislative Assembly for the Australian Capital Territory resolved to establish the Standing Committee on Education, Training and Young People to examine matters related to early childhood education and care, primary, secondary, post secondary and tertiary education and vocational training, non‐government education, youth and family services, technology, arts and culture, sport and recreation.
Terms of Reference
At its meeting on Wednesday, 29 March 2006, the Assembly passed the following resolution: “That this Assembly: (1) notes some support for the establishment of a scheme which allows 16 and 17 year old ACT residents to vote in elections and referendums for the ACT Legislative Assembly; and (2) refers the proposal to the Standing committee on Education, Training and Young People for inquiry and report back to the Assembly on or before 1 October 2007.”
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TABLE OF CONTENTS
Committee Membership...... i Secretariat ...... i Contact information...... i Resolution of Appointment ...... ii Terms of Reference ...... ii Table of Contents ...... iii Abbreviations ...... v
Recommendations ...... vii
1 Introduction...... 1 Conduct of the Inquiry...... 1
2 Overview ...... 3
3 The ACT electoral landscape ...... 5 Relevant legislation ...... 6 The ACT electoral roll...... 6 Voter turnout ...... 7 Enrolment and voting entitlements ...... 8 Voting and candidacy ...... 9
4 Democratic participation and citizenship ...... 11 Democratic participation ...... 12 Citizenship entitlement or obligation...... 16 Political participation and young people ...... 21 A reasonable age of eligibility ...... 25
5 Feasibility issues ...... 27 Consistency with other jurisdictions...... 27 Compulsory enrolment and voting ...... 30 Voting entitlement and candidacy ...... 37 Resource implications ...... 38
6 Implications for democracy ...... 41 Supporting participation ...... 43 Relevance of political processes ...... 44
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Cynicism about the political system ...... 46 Political priorities of young people...... 47 Civics education...... 50
7 Conclusion ...... 57
APPENDIX A: Submissions to the Inquiry ...... 59
APPENDIX B: Public Hearings ...... 61
APPENDIX C: Visits ...... 63
APPENDIX D: Clarification on electoral legislation ... 65
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Abbreviations
AEC Australian Electoral Commission ARC Australian Research Council ACT Australian Capital Territory ACT CRC ACT College Representative Committee DAA Democratic Audit of Australia JSCEM Joint Standing Committee on Electoral Matters MYC Minister’s Youth Council MCEETYA Ministerial Council on Education, Employment, Training and Youth Affairs YES Youth Electoral Study
Legislation
Commonwealth Electoral Act Commonwealth Electoral Act 1918 Electoral Act Electoral Act 1992 (ACT) Proportional Representation Act Proportional Representation (Hare‐Clarke) Entrenchment Act 1994 (ACT) Self‐Government Act Australian Capital Territory (Self‐ Government) Act 1988 (Cth)
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vi INQUIRY INTO THE ELIGIBLE VOTING AGE
RECOMMENDATIONS
RECOMMENDATION 1 4.73 The Committee recommends that the level of support for the proposal to lower the voting age be reconsidered by the Legislative Assembly before the end of 2010.
RECOMMENDATION 2 5.34 The Committee recommends that the Australian Parliament be asked to amend Section 67B of the Australian Capital Territory (Self-Government) Act 1988 Act to ensure consistency between the ACT and Commonwealth Electoral Acts on the intent of provisional enrolment.
RECOMMENDATION 3 5.49 The Committee recommends that, should a proposal to lower the voting age be pursued, the integrity of the compulsory voting system be preserved.
RECOMMENDATION 4 6.31 The Committee recommends that the Legislative Assembly consider the opportunities provided to young people to actively engage in aspects of the political process and develop strategies to increase participation of young people in formal political events and in processes to provide feedback on policy or legislative proposals.
RECOMMENDATION 5 6.72 The Committee recommends that all civics and citizenship resources provide explanations of how public administration can account for the interests and needs of all citizens, the scope of this capacity in our democracy and the avenues open for public participation in decision-making processes.
RECOMMENDATION 6 6.73 The committee recommends that the Minister for Education and Training ensures that accurate and engaging learning materials, that deal with the specific attributes of the ACT political system and ensure all schools actively promote democratic principles and the attributes of active citizenship, be developed for use in all ACT schools.
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RECOMMENDATION 7 6.74 The Committee recommends that the ACT Government undertake to extend the effectiveness of civics education strategies in promoting awareness and confidence in young people of the specific characteristics of the ACT system of democracy.
RECOMMENDATION 8 6.75 The Committee recommends that the ACT Government consider the potential for the “student vote” model to extend and enhance the delivery of practical civics education opportunities for all young people in the ACT.
RECOMMENDATION 9 7.3 The Committee recommends that the ACT Electoral Commission provide indicators of youth participation in the annual report by including data on the current rate of provisional enrolment for 17 year olds.
RECOMMENDATION 10 7.4 The Committee recommends that the ACT Electoral Commission, the Legislative Assembly and the Department of Education and Training continue to collaborate in the development and expansion of opportunities for active learning about democracy in the ACT.
viii INQUIRY INTO THE ELIGIBLE VOTING AGE 1
1 INTRODUCTION
Conduct of the Inquiry
1.1 Following a resolution on 29 March 20061, the Committee accepted a reference from the Legislative Assembly to inquire into a proposal to lower the voting age to allow 16 and 17 year old ACT residents to vote in elections and referendums for the ACT Legislative Assembly
1.2 The Committee is required to report back to the Assembly on or before 1 October 2007.
1.3 On 11 April 2006, the Committee discussed the scope of the Inquiry and determined to consider the following issues which have a bearing on the electoral participation of young people: National conformity and consistency with other jurisdictions; The legal implications of compulsory enrolment and voting for young people; Eligibility for election to the ACT Legislative Assembly; Resource implications of extending and maintaining the ACT electoral roll; Issues affecting the electoral awareness of young people; Different electoral models; and Other factors that influence the democratic participation of young people.
1.4 Submissions to the Inquiry were sought from a broad range of organisations and individuals within the community via direct invitation and advertisements in The Canberra Times on Saturday 6 May 2006 and The Chronicle on Tuesday 9 May 2006. Details about the Inquiry were also posted on the Legislative Assembly website.2
1 The motion was originally introduced by Dr Foskey MLA and amended by the Chief Minister, Mr Stanhope. See Legislative Assembly of the ACT: 2006 Week 3 Hansard (29 March) pp. 799‐813 accessible at http://www.hansard.act.gov.au/hansard/2006/pdfs/20060329.pdf 2 See http://www.parliament.act.gov.au/committees/index1.asp?committee=53&inquiry=222
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1.5 In total, nine submissions were received and details are provided in Appendix A. All submission can be downloaded from the Legislative Assembly website.3
1.6 The Committee held public hearings on 24 October, 31 October 2006 and 26 July 2007. A list of witnesses who appeared is provided in Appendix B and includes representatives from a number of key youth bodies in the ACT including the Ministers Youth Council, the Youth Coalition of the ACT and the ACT College Representative Council (ACT CRC). The ACT CRC is comprised of student representatives from all ACT public colleges.
1.7 During the Inquiry, the Committee pursued a number of opportunities to meet with members of ACT College communities to discuss the proposal and their views on the participation of young people in the political process. Appendix C provides a list of the colleges which agreed to host a visit from the Committee on 20 and 21 March 2007. During these visits, the Committee met with approximately 50 students from Years 10 to 12.
1.8 The Committee also took note of the views expressed by Mackillop Catholic College and Canberra Girls Grammar School during the interschool parliamentary debates held in the Legislative Assembly on 15 June 2007 when they deliberated the topic ‐ students from age 16 should be allowed to vote.
1.9 A visit to Queensland in May 2007 provided the Committee with the opportunity to meet with Mr Rohan Lee MP, who was involved with an extensive Queensland parliamentary inquiry on young people and democracy in 2006. During the visit to Queensland, the Committee also met with Dr Graeme Orr who provided legal advice to the Inquiry (see Appendix D).
1.10 The Committee was most grateful for the input provided by all contributors.
3 Submission are available via the following link:
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2 OVERVIEW
2.1 The Committee recognises that many of the matters raised during the Inquiry are fundamental to the operation of modern democracies. Voting is the keystone of contemporary democratic practice, determining the composition of parliaments and providing a mandate for subsequently formed governments.
2.2 As a collective act by the eligible citizenry, voting constitutes the formal foundation of democratic participation and affirms the “will of the people” as the ultimate authority for our system of governance.
2.3 Consequently, the Committee appreciates the symbolic and practical importance of voting to the ACT community4. As one submission to the Inquiry noted; Nothing is more fundamental as a mark of citizenship in Australia than the right and obligation to vote.5
2.4 Not all the residents of the ACT will have a strong opinion on the proposal to expand the franchise, but during the Inquiry a number of individuals and groups took the opportunity to explain their reasons for being for or against any such move.
2.5 Many of the views heard reflected substantive concerns about the nature of modern democracy and the participation of (current and future) citizens in the political process. Also raised were concerns of a more straight‐forward, technical nature which could influence the feasibility of the proposal. The Committee’s report reviews all concerns raised.
2.6 At the philosophical heart of the Inquiry is the question of whether democracy is significantly enhanced by extending the participation of a currently
4 In the 1992 Referendum, the ACT electorate voted on their preferred electoral system with sixty‐five percent of electors casting valid votes endorsing the use of a proportional representation (Hare‐ Clark) electoral system. For more details see the Elections ACT website: http://www.elections.act.gov.au/ref92.html. 5 Mr Greg O’Regan, Submission no. 5: ‐ accessible at http://www.parliament.act.gov.au/committees/index1.asp?committee=53&inquiry=222&category=14
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excluded group (sixteen and seventeen year olds) and whether this group is entitled to claim the rights of citizenship represented by the franchise. Chapter 4 details these perspectives raised with the Committee in terms of: democratic participation; and citizenship entitlements and obligations.
2.7 As with any form of structural change, there are potential costs involved as well as other practicalities to be considered. On this matter, the Committee accepted advice provided by Elections ACT to consider the legislative context and potential additional costs involved in implementing the proposal.6
2.8 Issues concerning the feasibility of the proposal are discussed in detail in chapter 5 of the report. This chapter identifies some of the technical difficulties identified during the Inquiry. To clarify some of the legal matters arising, advice from Dr Graeme Orr (Associate Professor of Law at the University of Queensland) was sought and is discussed in this chapter. Dr Orr’s full submission is included at Appendix C.
2.9 Chapter 6 discusses youth participation and the future of democracy. Research in this area raises important issues which the Committee believes give contextual understanding to the matter at hand and some possibilities for future action.
2.10 Before addressing the specific findings from the Inquiry, however, the next chapter (chapter 3) provides an outline of the electoral landscape of the ACT with particular emphasis on the existing structures and administrative processes that facilitate periodic elections in this jurisdiction.
6 ACT Electoral Commission, submission no. 3: ‐ accessible at http://www.parliament.act.gov.au/committees/index1.asp?committee=53&inquiry=222&category=14
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3 THE ACT ELECTORAL LANDSCAPE
3.1 The electoral system for the ACT has a number of unique aspects in the Australian electoral landscape. Not only is the voting day prescribed by the Electoral Act7 – thus, providing predictability to the electoral cycle ‐ but the last two elections have trialled an electronic voting system which has been well received by the electorate.8
3.2 Along with Tasmania, the ACT has adopted the Hare‐Clarke system of proportional representation. In incorporating a system of proportional representation, the ACT is considered internationally to be progressive in its democratic practice.9
3.3 In the Hare‐Clarke system, voters order their preferences for candidates in a multi‐member electorate. Each voter has a single, transferable vote which can be passed from candidate to candidate according to the preferences shown on the ballot and until all the vacancies are filled.10 Members are declared elected once they have achieved a quota, or a set proportion of the vote.11.
3.4 The outcomes of this electoral system better represents the actual preferences of voters. Candidates from diverse backgrounds or different sections of the community are more likely to meet the quota within a multi‐member electoral system.12 For instance, the Legislative Assembly is notable as a parliament with
7 Electoral Act 1998 (ACT) s 100 requires elections to be held on the third Saturday of October every four years. 8 See Phillip Green (2004) “Democracy in the Digital Age: Enabling Electronic Voting and Counting in the Australian Capital Territory” Democratic Audit of Australia, ANU: Canberra. Accessible via http://democratic.audit.anu.edu.au/categories/electoralfrm.htm (accessed 19 April 2007). 9 Graeme Orr (2004) Australian Electoral Systems – How Well Do They Serve Political Equality?, Democratic Audit of Australia, ANU, Canberra: p. 24. 10 Elections ACT, Hare‐Clark factsheet, accessible at http://www.elections.act.gov.au/Hare.html. A vote is counted to the point were preferences cease. Voters are instructed to show preferences for the number of vacancies in the electorate. 11 The quota is calculated by dividing the total number of valid votes by one more than the number of vacancies, and adding one to the result. For further details see ACT Elections factsheet accessible at http://www.elections.act.gov.au/Hare.html. 12 Gerard Newman and Scott Bennett (2006) “Electoral systems”, Parliamentary Library Research Brief, p. 21.
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a high proportion of female members.
Relevant legislation
3.5 In 1994, the Assembly passed the Proportional Representation Act which entrenched the principle of proportionality in the electoral system.13 Of particular significance to this Inquiry, the legislation also entrenches compulsory voting.14
3.6 There are three pieces of legislation that gives shape to the electoral system used in the ACT.15 Australian Capital Territory (Self‐Government) Act 1988 (Cth) (Self‐ Government Act) which sets out the requirements for an enactment to provide for general elections; Electoral Act 1992 (ACT) (Electoral Act) which establishes the framework for general elections in the ACT; and Proportional Representation (Hare‐Clarke) Entrenchment Act 1994 (ACT) (Proportional Representation Act) which entrenches the system of proportional representation for general elections.
3.7 These Acts make a number of stipulations of relevance to the Inquiry about compulsory enrolment and compulsory voting. The implications of these matters for the proposal to lower the voting age are addressed in detail in Chapter 5 of the report.
The ACT electoral roll
3.8 Section 67B (c) of the Self Government Act requires the ACT Government to
13 The Proportional Representation (Hare‐Clark) Entrenchment Act 1994, established conditions under which any future Assembly could alter the voting system. The legislation is accessible at http://www.legislation.act.gov.au/a/1995‐1/default.asp. The bill was passed by the Second Assembly – see Legislative Assembly for the ACT (Second Assembly) Parliamentary Debates (Hansard) 1994, vol. 4 pp. 4316 – 4318 and pp. 4820 – 4839. 14 Proportional Representation (Hare‐Clark) Entrenchment Act 1994; s 4 (1) (c). For further discussion see chapter five. 15 The Commonwealth Electoral Act 1918 sets out the requirements for the conduct of Federal elections in all jurisdictions including the ACT.
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enact a scheme of compulsory enrolment for those entitled to be on the roll.
3.9 The Electoral Act observes this requirement at section 72. The current penalty in the ACT for not being enrolled if you are entitled to enrolment is a maximum of fifty dollars.
3.10 Section 75 of the Electoral Act allows for the “provisional” enrolment of 17 year olds. Provisional enrolment is not compulsory.
3.11 The electoral roll for both Federal and Territory elections is compiled and maintained by the Australian Electoral Commission which is authorised by the Commonwealth Electoral Act to prepare and maintain rolls with details of each eligible elector within the designated electoral divisions for each state and territory.16
3.12 As of 30 June 2006, there were 225,262 eligible ACT voters enrolled.17
3.13 As a part of the arrangement between the ACT and the Commonwealth, the requirement for the preparation of the roll can be negotiated under the terms of the Joint Roll Arrangements.18
3.14 Specific criteria can be negotiated to determine who will be included on, or excluded from, the certified list of eligible voters issued to polling places by the Australian Electoral Commission on the day the ACT Legislative Assembly election is conducted.19
Voter turnout
3.15 Like other jurisdictions in Australia, the ACT achieves a relatively high rate of voter turnout, with most of those enrolled attending a polling place on Election Day.
16 Commonwealth Electoral Act 1918, s 82 accessible at http://www.comlaw.gov.au/comlaw/Legislation/ActCompilation1.nsf/0/FE148E23B4E36850CA25724 8007AD89A?OpenDocument 17 ACT Electoral Commission, Annual Report 2005‐2006, p. 26 accessible at http://www.elections.act.gov.au/adobe/06AnnualReport.pdf (accessed 10 August 2007). 18 See Electoral Act 1918 (Cth) s 84 and Electoral Act 1992 (ACT), s 70. 19 ACT Electoral Commissioner, Submission no. 9, p. 1.
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3.16 As a part of a federated system of government, the citizens of the ACT vote in both Commonwealth and Australian Capital Territory elections. Turnout for the Commonwealth election is slightly higher with around ninety‐five percent participating in the 2004 Federal election (9 October)20 compared with nearly ninety‐three percent participating in the 2004 ACT Legislative Assembly election the following week (16 October).21
3.17 This slightly reduced turnout at local elections is not unique to the ACT with the rate of participation of enrolled voters being comparable with other jurisdictions, such as Victoria and Queensland.
3.18 As is often noted, however, compulsion is a distinctive attribute of Australian democracies which motivates high levels of participation.22
3.19 Sections 128 and 129 of the Electoral Act stipulate the conditions of voting entitlement and electors’ obligations to vote. Compulsory voting is also stipulated under section 4 (1) (c) of the Proportional Representation Act.
3.20 In the ACT Electoral Act, section 129 states that An elector who is entitled to vote at an election shall not, without a valid and sufficient reason, fail to vote at the election. The current penalty for failing to vote is a maximum of fifty dollars.23
Enrolment and voting entitlements
3.21 In regulating the franchise, electoral legislation establishes a strong link between enrolment and voting entitlements. To vote, an elector’s name should appear on the certified list of electors issued for each election.
3.22 Section 128 (1) of the Electoral Act states that:
20 ACT electoral data for national elections is available from the Australian Electoral Commission website: http://www.aec.gov.au/_content/What/voting/turnout/2004.htm 21 ACT electoral data is available from the Elections ACT website: http://www.elections.act.gov.au/leg.html 22 See Lisa Hill (2003) “Compulsory Voting” Democratic Audit of Australia, Australian National University, Canberra, p. 2. Accessible at http://democratic.audit.anu.edu.au/categories/electoralfrm.htm 23 In the first instance, those without a valid or sufficient reason for failing to vote are offered the option of paying a twenty dollar fine.
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an elector enrolled for an electorate is entitled to vote at an election for the electorate.
3.23 However, this provision is qualified by sub‐section 2 which states that: A person who is enrolled is not entitled to vote at an election unless he or she will be at least 18 years old on the day the poll for the election is required to be held.
3.24 This provision ensures that those who have not reached the eligible voting age of eighteen but who may be provisionally enrolled by virtue of Section 75 are not able to cast a vote.24
3.25 Entitlement to vote is subject to a range of eligibility requirements including: having attained the age of eighteen; being an Australian citizen25; and having lived in the ACT for at least one month prior to the election.
3.26 Entitlement is a key concept in the discussions heard by the Committee and this concept and the regulation of voting is considered in more detail in Chapter 5.
Voting and candidacy
3.27 There is no direct connection between voting and the criteria for candidacy other than a similarity in the conditions for eligibility. To be eligible to be a Member of the Legislative Assembly, a person must be: An Australian citizen; At least eighteen years old; and An elector, or entitled to be an elector.26
24 This qualification is also specified in Section 72 (1) (a) which excludes seventeen year olds from a legislative entitlement to claim enrolment as specified in the Commonwealth Electoral Act 1918 s 100. Seventeen year olds can only claim a provisional enrolment status 25 British subjects who were included on the Australian electoral roll prior to 26 January 1984 are also entitled to vote in ACT and Federal elections. Entitlement to vote in Federal elections is also restricted by criteria relating to state of mind and imprisonment: see Commonwealth Electoral Act 1918 s 93. 26 Electoral Act (ACT) s 103 (1).
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3.28 However, some of the same arguments for and against the proposal to lower the voting age to sixteen are also raised to support specific views about the eligibility criteria for candidacy.
3.29 The next chapter will outline these views for and against the proposal in terms of democratic participation; and citizenship entitlements and obligations.
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4 DEMOCRATIC PARTICIPATION AND CITIZENSHIP
Introduction
4.1 Voting serves both functional and symbolic purposes in modern democracies.
4.2 Those who are enfranchised define the political community within any given jurisdiction. In the ACT, this community is composed of Australian citizens who are resident in one of three electorates and who are at least eighteen years of age. Voting in an ACT election verifies a person’s membership of the ACT political community.
4.3 The electoral system adopted by the community sets the criteria by which representatives can be selected to take control of political decision‐making processes. The formal and orderly management of the votes cast ensures a transparent process and a mechanism for accountability of the representatives elected. An effective electoral system facilitates a stable community.
4.4 As the criteria for membership of the political community, the franchise is a valuable symbol of inclusion within democracies. Historically, the vote has been claimed and won by a number of distinct groups (including non‐ propertied people, Aboriginal people and women). Consequently, the criteria for enfranchisement have been expanded as our democratic system of government has developed and evolved. The vote, in this sense, has political value.
Expanding the franchise
4.5 Since the vote has a political value there will be different views on what an expansion of the franchise might mean for the political community as a whole.
4.6 In this context, the Committee has heard two distinct interpretations of the proposal to lower the voting age to sixteen. On one hand, the expansion of the franchise can be understood as another increment in the historical development of democratic participation. On the other hand, the expansion of the franchise can be interpreted as affecting the citizenship entitlements
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already held by existing members of the political community.
4.7 This chapter considers the evidence provided to the Committee during the Inquiry in terms of these two perspectives.
Democratic participation
4.8 If voting is about democratic participation, then lowering the voting age expands democracy by increasing the number of people involved in selecting the representatives to the Assembly. As a consequence, the case could be made that the views of the community will be better represented in the decisions made by Members of the Legislative Assembly.
Representation and political outcomes
4.9 The submission from the ACT Council of Social Service (ACTCOSS) makes the case that young people are at high risk of social and economic disadvantage by virtue of their age. As a consequence, ACTCOSS argues that; excluding members of an age bracket experiencing disproportionate disadvantage arguably results in under‐representation of the disadvantaged as a whole and leads to policy skewed towards residents in the older voting‐age brackets where disadvantage is less prominent.27
4.10 ACTCOSS highlights the political value of the vote by identifying a “representation gap” that arises when groups are not full participants in the electoral system. Better representation leads to better political outcomes in this view.
4.11 The franchise delivers a political dividend to those who are entitled by creating a political system that is responsive to the needs of voters. From this perspective, the difference for young people between having and not having the vote is a system that does or does not take genuine account of their political interests.
4.12 A sense of political exclusion was noted by members of the ACT College
27: ACT Council of Social Service, Submission no 7, p. 1.
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Representative Committee (ACT CRC) with one student noting that: I was actually surprised at the number of people who have said if they had the option they would like to vote because especially in recent times there’s been a big overhaul of the education system, and a vast number of my friends and peers would have liked to have felt that they had some sort of input in that decision which had a really large effect on their education.28
The right to vote
4.13 Another claim for expanding the franchise highlights the political rights of individuals in a democratic system of government. In this view, the vote should not be subject to political negotiation and those who are willing to participate in democratic processes should not be denied the opportunity to cast their preferences.
4.14 In appearing before the Committee, the Youth Coalition of the ACT spoke in favour of enfranchising 16 and 17 year olds ‘as they have the capacity to make informed decisions and, therefore, have a democratic right to participate.’29
4.15 Their submission noted that there is a human rights claim for expanding the opportunities for the participation of young people articulated in the Universal Declaration of Human Rights, the Human Rights Act 2004 (ACT) and the Convention on the Rights of the Child.
4.16 Article 21 of the Universal Declaration on Human Rights states that: (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held
28 Ms Elissa Sharpe, Transcript of evidence, 26 July 2007, p. 74. 29 Mr Luke Bo’sher, Transcript of evidence, 24 October, 2006, p. 27.
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by secret vote or by equivalent free voting procedures. 30
4.17 This sentiment is also reflected in the Human Rights Act 2004 (ACT) which states that: Every citizen has the right, and is to have the opportunity, to— (a) take part in the conduct of public affairs, directly or through freely chosen representatives; and (b) vote and be elected at periodic elections, that guarantee the free expression of the will of the electors; and (c) have access, on general terms of equality, for appointment to the public service and public office.31
4.18 Article 12 of the Convention on the Rights of the Child (CROC) requires that all nation states shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.32
4.19 One young person quoted in the submission from the Youth Coalition asked; ‘If you have your rights affected by governments, why can’t you influence the decisions they make?’33
4.20 On the other hand, the Democratic Audit of Australia has made the point that there are other notable exclusions from the franchise ‐ most significantly, permanent residents.34
30 United Nations 1948, Universal Declaration of Human Rights, viewed 7 May 2007,
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Reasons to extend the franchise
4.21 During visits to ACT colleges and other discussions with young people, the Committee was offered a range of views in favour of lowering the voting age, including: The decisions taken by representatives now have an impact on the future; Those with an awareness and interest should be able to make the choice about whether they vote; Age is not a measure of maturity so even 12 year olds should be able to vote if they want; You can not deny an entire group the right to vote because some might abuse the right; There are currently no policies aimed at 16 year olds, so the vote would be an incentive for politicians to take notice of the needs and interests of this group.
4.22 Outlining findings from an indicative survey undertaken for the preparation of their submission, the Minister’s Youth Council advised the Committee that sixty per cent of respondents favoured the proposal to lower the voting age.35
4.23 However, this finding contrasts with the 2007 Youth Poll (a poll conducted annually by the Australian Democrats), which asked specifically of ACT respondents “should the voting age be lowered to 16?” Sixty‐seven per cent indicated that they did not agree with the proposal.36
The dilemma of compulsion
4.24 The Committee found that many of those who would otherwise agree with the proposal qualified their view around the issue of compulsion. For instance, one student was concerned that compulsory voting may establish an additional burden for 16 year olds whom, the student perceived, have a lot to deal with at that stage of their lives.
35 Minister’s Youth Council, Submission no. 4, p. 2 and Mr Stein, Transcript of evidence, 31 October 2007, p. 48. 36 Australian Democrats Youth Poll (2007) p.15 accessible at
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4.25 Recognising that willingness to participate in electoral processes varies significantly within the age group, many of the young people who made representations or comments to the Committee advocated a voluntary system for 16 and 17 year olds.37
4.26 The submission from the Minister’s Youth Council outlines details of their indicative survey which suggests that while most young people surveyed (60%) thought 16 & 17 year olds should be allowed to vote, over half (53%) believed that it should be voluntary.38
4.27 None of the nineteen members of the College Representative Committee who appeared before the Committee supported a compulsory system of voting for 16 and 17 year olds.39
4.28 While many thought it important for young people to have the opportunity to vote, most considered this to be an issue of individual choice. To some extent this reflected a view that 16 and 17 year olds would be “novice” voters. It also reflected a view that penalties may be counter‐productive and unreasonably harsh.
4.29 It was also noted, however, that the absence of compulsion would mean that the views expressed through the ballot by 16 and 17 year olds would not be representative of the group.40
4.30 The Committee considers there to be a number of difficulties for the proposal when considered in the context of an electoral system founded on compulsory enrolment and voting. These issues will be discussed in detail in chapter 5.
Citizenship entitlement or obligation
4.31 At hearing, one witness observed that the ‘antecedents of our own franchise should be better known than they are, in order that our freedom to vote is seen
37 An Interschool parliamentary debate – Students from age 16 should be allowed to vote ‐ held during the Inquiry saw the proposing team (Mackillop Catholic College) make their case for a voluntary system. The debate was held in the Legislative Assembly on 15 June 2007. 38 Minister’s Youth Council ‐ ACT, Submission no. 4. 39 Ibid., p. 85. 40 See ACTCOSS, Submission no. 7, p. 2.
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in perspective.’41
4.32 Voting, in this sense, is an entitlement or obligation of citizenship which is often linked to notions of adulthood or the attainment of critical capacities. For this reason, the franchise is a powerful cultural symbol.
4.33 Concerns were raised with the Committee that people under 18 have not yet earned political recognition as they have not made significant contributions to the common good or acquired the skills, knowledge or capacities necessary for making effective electoral choices.42
Reasons not to expand the franchise
4.34 During visits to ACT colleges and other discussions with young people, the Committee was offered a range of views against lowering the voting age including: Sixteen year olds are not mature enough; Physiological research shows that human brains do not fully mature until people are in their twenties; Lowering the voting age would be irresponsible because most young people would simply vote in line with their friends or parents; It would change the definition of adulthood, with flow‐on effects for the regulation of other age entitlements such as the purchase of alcohol; It might start a trend in expectations and be progressively lowered, say to 14 years old or lower; Young people’s understanding of parliamentary matters is too limited; Most 16 year olds do not care about formal politics and so would not take it seriously; Politicians would “market” themselves to the age group without considering whether the policies were good for the broader society; Society needs to set a cut off point and 18 is more suitable because 16 year
41 Mr Greg O’Regan, Transcript of evidence, 24 October 2006, p. 2. 42 Political recognition of a significant contribution was the rationale for lowering the voting age from 21 to 18 in the early 1970s in recognition of the obligations being placed on young men facing conscription during the Vietnam War.
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olds have limited real knowledge about the issues; Sixteen year olds should be encouraged instead to develop their political opinions in anticipation of voting; Sixteen year olds do not have a wide enough world‐view to make a voting decision; and Young people should not be made to feel obliged to vote, and rather should be able to concentrate on the other major life decisions and challenges they are confronting.43
4.35 In his submission, Mr O’Regan identified a number of reasons why 16 and 17 year olds as a group should not be enfranchised, citing lack of interest, ease of persuasion, and the high risk status of this age group. He argued that they have ‘no innate and premature claim to the franchise’ and have not earned it.44
4.36 At one hearing, the Youth Coalition argued against treating young people like a homogenous group. They raised concerns that some people might underestimate the varied skills, capabilities and interests of young people, noting that: there is a lot of rhetoric out there, and young people are often told that they do not have the capacity to make those decisions. At the moment they are excluded from voting. Because the associations with a formal political system are that young people are not competent, that is reinforced when they think about that question in that context45.
4.37 Some members of the College Representative Committee, in part recognising concerns about how young people’s capacity might be demonstrated, proposed a verification process to confirm an individual’s conviction and capacity to exercise the vote. Suggestions included a question and answer session, or a written statement of intent, or attendance at an information session.46
43 Committee visits to Copland College (20 March 2007), Lake Ginninderra College (21 March 2007) and Radford College (21 March 2007). 44 Mr O’Regan, Submission no. 5, p. 1. 45 Mr Luke Bo’sher, Transcript of evidence, 24 October 2006, p. 29. 46 Transcript of evidence, 2007, pp. 66 ‐ 67; 69 and 71.
INQUIRY INTO THE ELIGIBLE VOTING AGE 19
4.38 Members of this group agreed that there is an obligation that accompanies the franchise to be informed but suggested that lack of access to information established a limitation to their capacity. Some members of the group considered the onus to be on the voter to research and analyse the options offered by candidates and their parties.47 Others proposed that the lack of information might be addressed through improvements in civics education or the provision of resources, particularly with regard to the role of the Legislative Assembly and the policies of the candidates and political parties.48 Suggestions included the provision of information packs at schools or a comparative policy platform page on the Internet.49
4.39 One student in the group also recognised that a lack of life experience places a limitation on the capacity of young people to make firm decisions about how to exercise their vote. So, while young people might advocate for their entitlement to vote, this student also noted that they may choose to defer their participation to a later age.50
4.40 While these students believed that the vote would be valued by many young people, they did not believe that all young people would want to, or be able to, exercise this entitlement. In the words on one student: I believe that most other teenagers and most other people in my year don’t want to be forced to vote or forced – or not being allowed to vote, but they’d like the option to be there and that mean it’s up to them and they’re not forced into doing anything. So it’d be nice if the option to vote was there.51
Regulating voting entitlement
4.41 In the Committee’s view, the significant question with regard to the age of enfranchisement is not individual capacity but whether the age set provides a reasonable demarcation for the purpose of regulating voting entitlement.
47 Ibid., p. 72. 48 Ibid., p. 64, 68 – 69 and 71. 49 Ibid., p. 75. 50 Ibid., p. 74 ‐ 76, 79 and 80. 51 Ms Hannah Bull, Transcript of evidence, 26 July 2007, p. 75.
20 STANDING COMMITTEE ON EDUCATION, TRAINING AND YOUNG PEOPLE
4.42 As Dr Orr advised the Committee, there are various ages between 15 and 18 at which the law grants rights or imposes obligations…the primary question for the committee is setting a reasonable age as a marker of maturity – where maturity means the capacity to engage meaningfully in the public sphere and understand debates about government.52
4.43 At 16 and 17 years of age, some young people make decisions about whether to live independently, get married, have children, and gain full‐time employment. They also make commitments to study and choose career paths, are expected to pay tax, learn to drive and are able take responsibility for medical decisions affecting them including applying for and holding their own Medicare cards. The Committee recognises that young people under 18 years of age demonstrate a capacity to make decisions in many spheres of their every day life.
4.44 Nonetheless, the community accepts age as a means of regulating a range of activities which do not assess individual capacity or circumstance. For example, the community’s understanding of the age of sexual consent is set against a standard age, as is the age when alcohol and tobacco can be legally purchased as well as the age when the state considers young people to be fully responsible for the criminal acts they commit.
4.45 The symbolic importance the community places on the franchise does have some bearing on the Committee’s evaluation of the appropriate age of voting entitlement.
The vote as cultural symbol
4.46 Concerns were expressed by some members of the community that the value of the vote might be diminished if it were granted to individuals before they have reached the current age of attainment. Some people view the age of 18 as an important cultural marker of adult attainment and so lowering of the voting age could change the significance of this milestone for young people.
52 Dr Graeme Orr, Submission no. 8, p. 1.
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4.47 During one college visit, the suggestion was made that lowering the voting age would, in effect, take something away from 18 year olds by removing the symbolism attached to this significant rite of passage.53
4.48 Other people expressed misgivings about any change to age criteria, being concerned that age would become an arbitrary standard subject to continual downward review.54
4.49 The issue to be resolved is whether there are sufficient indicators that the current age of enfranchisement is no longer reasonable or functional in a modern democracy and another, more appropriate age would better reflect community expectations.
4.50 In considering this issue, the Committee took particular note of the expectations and observations of young people and was informed by research that has been undertaken into the political participation of young people in the political system.
Political participation and young people
4.51 An important consideration for the Committee was whether young people are unreasonably excluded and whether voting offers an effective way to ensure that young people can engage with political processes.
4.52 In Australia, youth participation in the electoral system has been on the policy agenda for at least fifteen years. Various inquiries and research projects have indicated that young people’s knowledge and awareness of the political system continues to be limited and that young people often lack interest and/or faith in the formal political process.55
4.53 For instance, a 1997 Edith Cowan University study of 18 – 24 year olds
53 Committee visit to Radford College, 21 March 2007. 54 Students the Committee met during visits to local schools and colleges raised this concern. This was also an issued raised by two schools during the annual Interschool Parliamentary Debates held in the ACT Legislative Assembly on Friday 15 June 2007 when the topic, “students from age 16 should be allowed to vote” was debated. 55 See Kate Krinks (1999) Creating the Active Citizen? Recent Developments in Civics Education, Information and Research Services, Department of Parliamentary Library Research Paper no. 15.
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indicated that this group express; a strong sense of powerlessness, a conviction that either they lacked the skills to understand the relevance of the system and/or that they lacked faith in its ability to produce tangible outcomes.56 Other studies since have confirmed the main thrust of these findings.57
4.54 The Australian Electoral Commission (AEC) and the Australian Research Council (ARC) funded a project by the University of New South Wales and the Australian National University called the Youth Electoral Study (YES). The project investigated reasons why young people are less likely to enrol than older groups and considered motivations to participate in electoral processes.58
Youth enrolment and voting
4.55 The AEC’s submission to the Committee highlighted the YES project’s finding that ‘the intention to enrol for the under‐17s was higher than actual enrolment for those who were 17 years or older’.59 The study concludes that intentions may not always translate into provisional registrations on the electoral roll.
4.56 According to the AEC, at April 2006 there were 52,745 seventeen year olds enrolled on the Commonwealth electoral roll.60.
4.57 Under Section 100 of the Commonwealth Electoral Act, anyone who is 17 years of age and who; would be entitled, in respect of residence at an address, to be enrolled for a Subdivision if he or she were 18 years of age may send or deliver a claim to have his or her name placed on the Roll for the Subdivision.61
4.58 Provisional enrolment at 17 years of age is voluntary but enrolment is
56 Ibid., p.5. 57 See chapter 6 for detailed discussion. 58 Australian Electoral Commission Voting Age Eligibility Inquiry Submission no. 1, 29 June 2006, p. 1 59 Australian Electoral Commission, Submission no. 1, p. 1. 60 Assistant Commission Communications, Australian Electoral Commission Voting Age Eligibility Inquiry Submission no. 1, 29 June 2006, p. 1 61 Commonwealth Electoral Act 1918, accessible at http://www.austlii.edu.au/au/legis/cth/consol_act/cea1918233/index.html
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compulsory for citizens over 18.62
4.59 Table 1 sets out the percentage enrolments of young people and percentage enrolment for all age groups in the ACT at September 2004.63
Table 1: Enrolment as percentage of the eligible age group population – ACT, September 2004 Age group Enrolment as percentage of eligible population
17 (provisional)64 27%
18 86%
19 87%
20 85%
21 - 25 88%
All eligible ACT voters 98%
4.60 To put these figures into perspective, the AEC has estimated that, on average, around 80 per cent of Australians between 18 and 25 who are eligible to vote, are enrolled, despite compulsion. This contrasts with an estimate of around 95 per cent enrolment across the whole eligible population.65 The estimates indicate that approximately 300,000 eligible 18 to 25 year olds can not vote because they are not enrolled.66
62 The voting age was reduced from 21 to 18 in 1973 as a flow on from a policy of compulsory conscription for 18 year old men during the Vietnam War. 63 CRU Implementation Steering Committee, 2003‐2004 Continuous Roll Update, p. 21, accessible at
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4.61 On the whole, ACT enrolments are higher than the national average. Nonetheless, while ACT percentage enrolments are higher, the pattern of lower enrolments for young age groups is consistent with the national pattern.
4.62 The general pattern is for a gradual uptake of enrolment with age progression and residential stability. This would support suggestions that formal political engagement is not a priority for many young people before their mid‐twenties. It also raises the possibility that legal compulsion, rather than interest, drives these figures.
4.63 Electoral analyst Antony Green67 has cited the election held to determine representatives for the Constitutional Convention held in 1997 as the only voluntary national ballot conducted in the last fifty years.68.
4.64 Table 2 provides a break‐down of the percentage turn‐out rate for this voluntary ballot categorised by age.
Table 2: Participation in voluntary ballot by age group – National 1997
Age group Percentage participating in voluntary ballot
18 - 25 33.9%
26 - 35 38.0%
36 - 45 44.2%
46 - 55 50.1%
56 – 65 59.2%
65+ 59.2%
4.65 These figures confirm a link between age and participation levels and give some credence to a view that, in the absence of compulsion, voting may not be
67 Antony Green, “Compulsory voting and voluntary voting: the facts” accessible via
INQUIRY INTO THE ELIGIBLE VOTING AGE 25
a preferred form of political participation for young people. These issues are discussed in more detail in chapter 6.
A reasonable age of eligibility
4.66 In their submission, the Democratic Audit of Australia notes the democratic merit of expanding the franchise, but also conclude that ‘there is no clear demand evident for a lowering of the voting age to 16’.69
4.67 The Committee considers that while the democratic case is relatively compelling, most young people do not seem to consider the franchise to be a priority at present.
4.68 On this matter, the Committee is also mindful of a point made by Mr Norm Kelly. Within the standard four year electoral cycle, only half of the young people who would turn 16 and 17 during that cycle would actually become entitled to cast a vote at any ACT election before they turn 18.70
4.69 Current participation rates of young people in formal political processes and recent polling from the National Youth Poll 2007 and other surveys indicate minority interest and support for an extended franchise. These indicative figures, and the general input received during the course of the Inquiry, suggest that about two‐thirds of young people consistently indicate that they would not support the proposal to lower the eligible voting age to sixteen.
4.70 The Committee concludes that the current age of eligibility (18 years old) is considered reasonable by the community at the present time although discussion about the issue of age eligibility is becoming established in the public sphere.
4.71 The Committee observes, however, that the issue of compulsion complicates these figures and the public discussion on this matter. Nearly all advocates of a reduction in the eligible voting age propose a voluntary system for young
69 Democratic Audit of Australia, Submission no. 2. p. 4. 70 Mr Norm Kelly, Transcript of evidence, 24 October 2006, pp. 20‐21. In practical terms, and assuming the usual electoral cycle, lowering of the voting age would have a direct impact on approximately 2,000 young people.
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people noting that this should be based on individual willingness to participate. However, current provisional enrolment figures suggest that a minority of young people would take advantage of any such special provision.
4.72 Furthermore, such a proposal would require substantial changes to the current electoral system. The feasibility of a non‐compulsory system is discussed in the next chapter.
RECOMMENDATION 1
4.73 The Committee recommends that the level of support for the proposal to lower the voting age be reconsidered by the Legislative Assembly before the end of 2010.
INQUIRY INTO THE ELIGIBLE VOTING AGE 27
5 FEASIBILITY ISSUES
5.1 The Inquiry process identified both substantive and legislative issues which would affect the implementation of any proposal to lower the voting age to 16. The proposal raises practical considerations that would need policy consideration and legislative reform to progress.
5.2 In their submission, Elections ACT advised the Committee to consider: Consistency with other jurisdictions; The legislative requirements for compulsory enrolment and compulsory voting and the implications of recommending changes to legislation; The desirability of imposing penalties on sixteen and seventeen year olds; Implications for the age of eligibility for candidacy; and Additional costs in administering elections and the potential costs of education campaigns.71
Consistency with other jurisdictions
5.3 The ACT Electoral Commissioner informed the Committee that: All the comparative democracies around the world that have similar political systems to Australia’s have a voting age of 18. If it was to be lowered to 16 in the ACT, that, I’m sure, would cause considerable confusion, particularly when people are moving in and out of the ACT from other states.72
5.4 At present, all Australian jurisdictions have a minimum voting age of 18 with an option for voluntary provisional enrolment for 17 year olds.
5.5 Proposals to reduce the voting age have been discussed and debated but not widely supported in any Australia jurisdiction. In recent years, several jurisdictions have formally considered the merits of reducing the voting age.
71 ACT Elections, Submission no. 1. 72 Mr Green, Transcript of evidence, 24 October 2006, p. 10.
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5.6 In the South Australian Legislative Assembly a private member’s bill was tabled on 31 May 2006 proposing a lower voting age of 16 years old, but the proposal did not achieve broad support in the parliament.
5.7 Similarly, in the New South Wales parliament, a private member’s bill ‐ the Parliamentary Electorates and Elections Amendment (Voting Age) Bill, which was to allow non‐compulsory voting for 16 and 17 year olds ‐ was debated in June 2005. The bill was firmly defeated.
5.8 In the ACT Legislative Assembly in 1996, Ms Kerrie Tucker introduced a private member’s bill to lower the voting age but the proposal was not successful at the vote.
5.9 A recent Inquiry by the Queensland parliament into the participation of young people in democracy recommended that voting remain at 18 years old for the present time, ‘in the absence of strong support for electoral reform in this area.’73
5.10 In their submission to the Inquiry, the Youth Coalition of the ACT highlighted the need for leadership on this issue, observing that the ACT has introduced progressive legislation that has influenced other jurisdictions in Australia. They urged similar innovation in the area of youth enfranchisement.74
5.11 The Committee agrees that the case for consistency should not close discussion of the issues and notes that there is international variation in the age at which citizens become eligible to vote and on‐going discussion about the value of reducing the current age in other democracies.75
73 Legal, Constitutional and Administrative Review Committee (2006) Voices and Votes: A Parliamentary Inquiry into young people engaging in Democracy. Report no. 55, p. 61. 74 Youth Coalition of the ACT, Submission no. 6, p. 12. 75 In July 2007, the Victorian parliamentary secretary for national reform policy, Mr Evan Thornley MP proposed that parents should have the right to vote on behalf of their children until they turn 18. The proposal was promoted as ‘a natural progression in the evolution of democracy’ which would ‘encourage thinking about cross‐generational issues.’ See Paul Austin, “Labor MP’s radical plan to give children a vote” The Age, 27 July 2007 accessible via
INQUIRY INTO THE ELIGIBLE VOTING AGE 29
International differences and debates
5.12 In the Seychelles, Indonesia, East Timor and Sudan, 17 year olds can vote. In Israel, they can vote in local elections. In Brazil and Nicaragua, 16 year olds can vote in national elections and in Germany and Austria they can vote in local elections. In Iran, the voting age is 15 years old.
5.13 One the other hand, there are a number of nations including, Fiji, Malaysia, Samoa, Singapore and the Solomon Islands, where the franchise is not granted until the age of 21.
5.14 Recently, the Isle of Man reduced the voting age from 18 to 16 and at the election held on 23 November 2006, 16 and 17 year olds voted for the first time. About 37 per cent of newly eligible young people enrolled in time for the election and during the election campaign, one‐third of the candidates referred to young people’s issues in their election statements.76
5.15 As part of a broader focus on youth participation levels the merits of lowering the voting age sometime in the future is also seriously being considered in the United Kingdom. Strategies for the more effective engagement of young people in formal political processes are firmly on the policy agenda in this jurisdiction.
5.16 As a part of the public debate on political participation, the report of the Power Commission’s investigation of British democracy was released in February 2006. The report entitled Power to the People made a number of recommendations including one that the voting and candidacy ages should be lowered to 16 noting that ‘we can see no reason why the voting and candidacy age is currently held at 18.’77
5.17 A recent overview of the current debate prepared for the House of Commons suggested that participation must be a priority for governments over the coming years if the historically low turnout of 18 to 24 years olds (in a
76 Steve Rodan, MHK (2007) “Voting at 16 in the Isle of Man” in The Parliamentarian 2007/Issue 2, p 124. 77 The Power Commission (2006), Power to the People, p. 200, accessible at
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voluntary voting system) is to be curbed.78
5.18 The Committee recognises, however, that the lack of compulsion in the electoral system has a bearing on the nature of the challenge confronting British democracy and notes also that voting in most overseas jurisdictions is not compulsory.79 Compulsion adds a distinctive dimension to the Australian electoral system.
Compulsory enrolment and voting
5.19 The provision for compulsory enrolment and voting is often considered a part of the bedrock of the Australian electoral system.
5.20 Graeme Orr points out that compulsory enrolment and voting is an effective administrative mechanism ‘to create the most accurate and inclusive roll possible.’80 According to Lisa Hill, compulsory voting also serves to ‘maintain high voter turnout’, ‘effectively closes the SES (socio‐economic status) gap’ and helps to ‘preserve political community and act as a buffer against social isolation’.81
5.21 The consequence of a compulsory system has been the development of a system which Hill describes as relatively ‘voter friendly’ being subject to continual monitoring and modification to ensure that any obstacles to enrolment and voting are reduced or eliminated. The onus is firmly on the electoral commissions for each jurisdiction to facilitate the enrolment and voting processes for all eligible voters ‘regardless of circumstances, restrictions
78 Kevin Williams and Isobel White (2007), “Reduction in voting age” House of Commons Library, Standard Note: SN/PC/1747. The British Government released a green paper ‐ The Governance of Britain ‐ in July 2007 announcing the establishment of a Youth Citizenship Commission to support the transition to adult citizenship, p. 55. 79 Details of other jurisdictions with compulsory voting and the level of enforcement used can be found at the International Institute for Democracy and Electoral Assistance (IDEA) at
INQUIRY INTO THE ELIGIBLE VOTING AGE 31
and contingent status’. 82
5.22 Nonetheless, the case for voluntary voting is often made on the understanding that compulsory voting infringes individual freedoms. In 1997, the Australian Parliament’s Joint Standing Committee on Electoral Matters recommended the repeal of compulsory voting requirements for federal elections. The report noted that; if Australia is to consider itself a mature democracy, compulsory voting should now be abolished. The assertion that voting is a ʹrightʹ means little if one can be imprisoned for conscientiously choosing not to exercise that right ‐ or rather, for conscientiously exercising the right not to vote.83
5.23 Despite an ongoing debate about the virtues of compulsory voting, opinion polls conducted over the last sixty years have consistently found that 60 to 70 per cent of those polled favour the requirement.84
5.24 Apart from general acceptance by the community, the current system of compulsory enrolment and voting raises a number of difficulties for any proposal to lower the voting age, particularly if a voluntary system for young people is preferred.
A limited voluntary electoral system
5.25 Most proposals in Australian jurisdictions (for example, the private member’s bill presented by Ms Tucker in 1996 and the NSW Bill debated in 2005) propose a voluntary system for 16 and 17 year olds. A voluntary system was also favoured by most of the young people encountered during the course of the Inquiry. Some even proposed that voluntary voting should be extended to those over 18 years of age in recognition of the lower levels of participation at this age level.
82 Ibid., p. 1. 83 JSCEM (1997) Inquiry into all aspects of the conduct of the 1996 federal election and matters related thereto, media release accessible at
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5.26 The Committee is aware that there are a number of legislative provisions directly affecting the feasibility of such a proposal.
Legislative requirements regarding compulsory enrolment
5.27 Section 67B of the Self‐Government Act requires the ACT government to enact a scheme of compulsory enrolment for those entitled to be on the roll. Specifically, s 67B(c) provides: ‘every person who is entitled to be enrolled on that Roll and who is resident in the Territory is required to claim enrolment.’
5.28 As the Electoral Commissioner advised the Committee: In effect, this provision requires the ACT to enact a scheme of compulsory enrolment for all those entitled to vote.85
5.29 Section 73 of the Electoral ACT 1992 fulfils the obligation imposed by the Self‐ Government Act.
5.30 Should the proposal to reduce the eligible age of voting be pursued, the Legislative Assembly would have two options: Maintain the system of compulsory enrolment for all eligible voters regardless of age; or Seek an amendment to Section 67B of the Self Government Act by the Australian Parliament.
5.31 The Committee was informed by Elections ACT that the requirement to provide for compulsory enrolment is the reason why the current 17 year old enrolment scheme is known as provisional enrolment, in order to allow for voluntary enrolment for 17 year olds.86
5.32 Section 75 of the Electoral Act provides for age 17 enrolment. This provision operates outside of the terms of s 67B(c) of the Self‐Government Act because age 17 enrolment is not expressed to be an entitlement.
5.33 The Committee sought clarification from Dr Graeme Orr, Associate Professor of Law at the University of Queensland (reproduced as Appendix C) on the
85 Elections ACT, Submission no. 3, p. 2. 86 Ibid., p. 2.
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potential for the provisional enrolment arrangements to be extended to 16 year olds. Dr Orr advised that: It follows that the ACT Legislature could allow 16 year olds to be on the roll by simply amending s 75(1)(a) of the Electoral Act by replacing ‘at least 17 years old’ with ‘at least 16 years old’. But to resolve any doubt about the validity of provisional enrolment (at whatever age) the Commonwealth Parliament should be asked to amend s 67B of the Self‐ Government Act to make it explicit that schemes of provisional enrolment are not caught. This would be consistent with the Commonwealth Electoral Act 1918 (Cth), where the compulsion to enrol in s 101 of that Act explicitly does not extend to provisional enrolments under s 100 of that Act.87
RECOMMENDATION 2
5.34 The Committee recommends that the Australian Parliament be asked to amend Section 67B of the Australian Capital Territory (Self- Government) Act 1988 Act to ensure consistency between the ACT and Commonwealth Electoral Acts on the intent of provisional enrolment.
5.35 The Committee has been advised by ACT Elections that the enfranchisement of 16 and 17 years olds would require a further amendment of Section 67B of the Self Government Act. Dr Orr concurred with this interpretation noting: that s 67B is a bar to enfranchising 16 or 17 year olds unless they are compelled to enrol. It would take a Commonwealth amendment to s 67B to permit one class of eligible voters to enjoy voluntary enrolment. I come to this conclusion because both the literal meaning of s 67B and its purpose– ie to ensure a comprehensive roll of those eligible to vote – are in harmony.88
Legislative requirements regarding compulsory voting
5.36 Section 128(2) of the Electoral Act provides that
87 Dr Graeme Orr, Submission no. 8, p. 2. (reproduced as appendix C of the report) 88 Ibid., p. 2 (his emphasis).
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A person who is enrolled is not entitled to vote at an election unless he or she will be at least 18 years old on the day the poll for the election is required to be held.
5.37 Section 129 of the Electoral Act states that: (1) An elector who is entitled to vote at an election shall not, without a valid and sufficient reason, fail to vote at the election. Maximum penalty: 0.5 penalty units. (2) Subsection (1) does not apply to— (a) an eligible overseas elector; or (b) an Antarctic elector; or (c) an elector who is serving a sentence of imprisonment outside the ACT; or (d) an elector who is enrolled because of his or her enrolment on the Commonwealth roll as an itinerant elector. (3) Without limiting subsection (1), an elector shall be taken to have a valid and sufficient reason for failing to vote at an election if the elector believes it to be part of his or her religious duty to abstain from voting.
5.38 Dr Orr notes that section 129(2) exempts some classes of voters by excluding the application of the compulsion rule. Voters who are overseas, living in the Antarctic, prisoners or itinerant are exempt. This provision raises the possibility that an exemption might be permitted for people under the age of 18 on the grounds that they ‘lacked sufficiently informed political opinions or preferences to vote in the election’.89 Young people in this category would still be obligated to show cause why they failed to vote.
5.39 However, Dr Orr observed that it is unclear whether young voters as a class could be exempted without amending the Proportional Representation Act
5.40 The more significant obstacle to a voluntary voting system for young people arises from Section 4(1)(c) of the Proportional Representation Act which
89 Ibid., p. 3. Dr Orr notes that may be some negative consequences of this early voting experience.
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stipulates that ‘voting in an election shall be compulsory.’
5.41 As Elections ACT advised, if the Assembly wished to introduce voluntary voting for 16 and 17 year olds, this Act would need to be amended and that, such a measure would either have to be passed by a 2/3 majority of Assembly members or be passed by a simple majority in the Assembly and the put to electors at a referendum.90
5.42 The Committee is satisfied that these legislative provisions preclude the establishment of a non‐compulsory voting scheme for 16 and 17 year olds who might be on the roll without substantial changes to electoral machinery as currently enacted.
Legislative amendments required for a voluntary system
5.43 To achieve a voluntary system of enrolment and voting for 16 and/or 17 year olds some, and probably all, of the following legislative changes would be required:, The Australian Parliament would be required to amend the Self Government Act; The Legislative Assembly would be required to stipulate an exemption in the Electoral Act; and An amendment to the Proportional Representation Act would be required with support of a two‐third majority of the Assembly or a majority of members and the support of the electorate at referendum.
Other considerations about compulsion
5.44 Elections ACT also considered the symbolic meaning of the Proportional Representation Act worth noting observing that: The fact that compulsory voting is entrenched in the ACT is an indicator that the concept of compulsory voting is supported by a majority of ACT electors. An argument could be mounted that it would be inappropriate to water down the compulsory voting principle by extending voluntary
90 Elections ACT, Submission no. 3. p. 3.
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voting to a class of voters simply on the basis of youth.91
5.45 Appearing before the Committee, Mr Norm Kelly from the Democratic Audit of Australia raised concerns about the implications of establishing a two‐tiered system of compulsion where different groups of voters are treated differently. I think it is quite dangerous to have double standards in one system. At the end of it, if you had a compulsory system for 18 year plus a voluntary for 16 and 17‐year‐olds, your types of voters would change between the two groups. In the end, all votes count the same. You are establishing different criteria but providing the same weighting of vote, irrespective. We would be here for days to debate the compulsory versus voluntary voting argument. To try to incorporate both into the one system I think is really fraught with problems.92
5.46 Dr Orr ultimately advised against a two‐tiered system as well, noting that: The intention behind the ‘half‐way house’ of lowering the voting age without compulsory enrolment or voting for those newly enfranchised is presumably as a compromise, to reflect the fact that some young people will have no political interest or engagement. The cleanest legislative solution would simply be to lower the voting age to 16, but apply the same compulsion to enrol and vote to citizens over that age. (Younger people could have a reduced fine – there is ample precedent for fines to be tailored to capacity to pay and relative culpability).93
Expanded franchise in a compulsory system
5.47 To extend the franchise to 16 and/or 17 year olds within the current compulsory system, the following legislative changes would be required:, The Legislative Assembly would be required to amend the age provision in the Electoral Act at s 73 (4) (compulsory enrolment) and s 128 (2) (compulsory voting) and make other amendments as required to establish
91 Ibid. 92 Mr Kelly, Transcript of evidence, 24 October 2006, p. 23. 93 Dr Orr, Submission no. 8, p. 4.
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the preferred electoral model.94 The Legislative Assembly would also be required to amend s 75 which sets out the age requirements for provisional enrolment.
5.48 To be consistent with the intent of s 75, the age for provisional enrolment should be lowered to 15 years old.95
RECOMMENDATION 3
5.49 The Committee recommends that, should a proposal to lower the voting age be pursued, the integrity of the compulsory voting system be preserved.
Voting entitlement and candidacy
5.50 Section 103(1) of the Electoral Act sets out the eligibility for nominations for candidacy. Section 103(1)(b) requires candidates to be ‘at least 18 years old.’
5.51 The Committee takes the view that eligibility requirements are not connected to voting entitlement but notes that there may be a political rationale for allowing all eligible voters to stand for election.
5.52 Few submitters offered comments on this matter. Dr Orr noted that higher ages for candidacy are not uncommon and generally reflect views about the experience and capacity required for what is a demanding, full‐time public role. He notes that few young people are likely to seek nomination and arguably it is up to the electorate to determine whether particular individuals have the capabilities required of our representatives.96
5.53 In their submission, Elections ACT observe that serving as an MLA would interrupt the completion of secondary education for young people under 18 years of age and for this reason, lowering the age of candidacy might be ill‐ considered.97
94 For instance, if Dr Orr’s proposal to provide for a reduced penalty for young people was pursued. 95 Elections ACT Submission no. 3, p. 2. 96 Dr Orr, op.cit., p. 4 (see Appendix C) 97 Elections ACT, Submission no. 3, p. 4.
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The age of candidacy
5.54 To extend the eligibility for candidacy to 16 and/or 17 year olds, the following legislative changes would be required:, The Legislative Assembly would be required to amend the age provision in the Electoral Act at s 103 (1b) (eligibility ‐ MLAs).
Resource implications
5.55 Elections ACT advised the Committee that there would be resource implications arising from the expansion of the franchise including costs of: Maintaining an expanded roll; Administering elections with an increased number of voters; and Informing young people about their voting obligations.98
Expanding and maintaining the ACT electoral roll.
5.56 Maintenance of the electoral roll is a service purchased by Elections ACT from the Australian Electoral Commission. The electoral roll for the ACT is maintained as a joint roll for all national and Territory elections held in this jurisdiction.
5.57 It would be possible to alter the arrangements for the joint roll under the terms of the ACT Joint Roll Arrangement, an intergovernmental agreement between the ACT and Commonwealth governments. The ACT Electoral Commissioner advised the Committee that: The joint roll mostly contains data that is jointly owned and used, but it also contains some data that is specifically relevant to ACT elections, and some data that is specifically relevant to Commonwealth elections.99
5.58 Just prior to each election, a certified list is prepared for use at polling stations with the details of eligible electors. The selection of eligible electors and the
98 Ibid., pp. 4‐5. 99 Mr Phillip Green, ACT Electoral Commissioner, Submission no. 9, p. 1. The joint roll contains indicators against electors who may be eligible to vote in one jurisdiction but not another. For instance, residents of Jervis Bay, Wreck Bay and Norfolk Island are eligible to vote in Commonwealth but not ACT elections.
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printing of the list is ‘a straightforward computer programming process’.100
5.59 It would be possible to include 16 and 17 year olds on the joint roll as “ACT‐ only electors”.101
5.60 However, there would be a cost involved which the ACT Electoral Commissioner estimates to be in the order of $6,600 per annum in addition to the current cost of $147,000 per annum to maintain the roll. This increase would represent a 4.5 per cent increase in the Territory’s current allocation for electoral roll maintenance.102
Administration of the election
5.61 ACT Elections also note that additional resources would be required for each election to cover the cost of administering additional numbers of electors including the printing of additional ballot papers, provision of additional voting equipment and staff.
5.62 For the last election (in 2004) Elections ACT calculated an average cost of $12.62 per elector.103
Information for young voters
5.63 An additional expenditure for Elections ACT would be the development and implementation of a strategy to inform young people about the implications of enfranchisement and their new obligations. Clearly, the content and extent of this strategy would depend upon whether voting for 16 and/or 17 year olds was compulsory or not. The Committee has not sought any clarification on possible costs.
5.64 However, Elections ACT have anticipated that such a significant change to the usual rhythm of electoral administration would require considerable publicity and public education activities in the lead up to the first election following
100 Ibid. 101 Elections ACT, Submission no. 3, p. 4. 102 Mr Phillip Green, op.cit. p. 2 103 ACT Electoral Commission, Annual Report 2004‐2005, p. 51. accessible at
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expansion of the franchise.104
5.65 The Committee recognises that the on‐going provision of electoral education is already a component of the budget for Elections ACT, but considers that additional resources would be required for a smooth transition in any expansion to the franchise.
5.66 The continuation and expansion of civic education was an area identified and supported by many of the submitters to the Inquiry regardless of their views about the proposal. Some of the reasoning behind these views is detailed in the next chapter.
104 Elections ACT, Submission no. 3, p. 4.
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6 IMPLICATIONS FOR DEMOCRACY
6.1 Throughout the Inquiry, concerns about the level of participation of young people have been continually raised and have informed much of the Committee’s deliberations on the proposal. Most submitters to the Inquiry recommended more support or opportunities for political participation.
6.2 The Committee believes that patterns of participation tell us something interesting about the strength and future of contemporary democracies. The interest expressed by young people in democratic processes could be interpreted as a performance indicator for our system of government. Some of the issues about young people’s awareness and familiarity with the system of government which were raised during the Inquiry are discussed in this chapter.
6.3 The issue of youth political participation has previously come to the attention of the Assembly. During the fifth Assembly, Mr John Hargreaves introduced a motion noting his concern about the level of youth political participation.105 Subsequently, Ms Rosalyn Dundas proposed an amendment to the motion calling on the Government to investigate the possibility of lowering the voting age. A connection between the levels of youth participation and the expansion of the franchise has already been set in previous Assembly debates.
6.4 During the Assembly debate in March 2006, when the current proposal was referred to this Committee, Dr Deb Foskey again raised this connection, noting that: Responsibility comes with rights, not the other way around. Granting youth the right to vote will have a direct effect on their character, intelligence and sense of responsibility.106
6.5 The apparent disparity between the number of eligible young voters and actual enrolments often raises concerns about an active citizenry in the future.
105 Legislative Assembly for the ACT Hansard, 31 March 2004, pp. 1445‐ 1462. 106 Dr Deb Foskey MLA, Debates, Sixth Assembly, 29 March 2007, p. 800 accessible at
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The early habit of not participating in the electoral system may impact, it is believed, on the long‐term legitimacy of the political system if citizens continue to neglect or avoid their electoral obligations.107
6.6 For this reason, the Committee believes that the Assembly should continue to monitor the levels of participation by young people and community sentiment regarding their enfranchisement. On‐going discussion about the use and expansion of the franchise is an important indicator of the health of our democracy.
6.7 However, the Committee does not consider the expansion of the franchise to be the only, or necessarily the best, strategy in addressing youth participation.
6.8 As the researchers from the Youth Electoral Study (YES) point out, in effect ‘by not participating, young people are disenfranchising themselves’.108 The pubic policy issues involved in youth participation will not be solved by simply providing them with a vote.
6.9 As Dr Larkin from the Democratic Audit of Australia concluded, it may simply be too early to argue for a reduction in the voting age to 16 and rather; far more attention, and far greater resources, should be directed to political education – if this proves successful, then a stronger case could be made in a few years time.109
6.10 In many jurisdictions, particularly where voting is not compulsory and lack of participation translates to falling numbers of voters, future‐looking governments are seeking to understand why young people are not engaged with the idea that electoral participation (enrolling to vote and voting in elections) is a key responsibility of citizenship.
6.11 International research suggests that there are a number of possible reasons behind this trend including:
107 Andrew Ellis, Tuning In To Democracy: Challenges of Young People’s Participation and Civic Education, Keynote speech at Engaging Youth In Modern Democracy, University of Sydney, 12 October 2006. 108 Kathy Edwards, Lawrence Saha and Murray Print (2005) Australia’s Democratic Report Card – Young People Assess Democracy in Australia, Democratic Audit of Australia accessible at (http://democraticaudit.anu.edu.au/categories/electoralfrm.htm (last accessed 16 March 2007) 109 Democratic Audit of Australia, Submission no. 2, p. 4.
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Lack of support for early participation; Uncertainty about the relevance of formal political processes; or General cynicism about the political system.110
Supporting participation
6.12 Young people who feel they are a part of a community of voters are more likely to be supported in their early participation. The influence of significant people during the transition to citizenship can be crucial. Young adults who have recently left the family home, for instance, may resist or ignore the process of enrolment and electoral participation because they lack this support.
6.13 The Youth Electoral Study identified the family as an important institution in young people’s learning about electoral politics providing both a forum for the development of political ideas as well as encouragement and advice about the enrolment process. One report in the YES series noted young people’s ‘passivity in terms of enrolling to vote’, noting that it is most often mothers who support formal participation by arranging the relevant enrolment forms.111
6.14 Elections ACT and the AEC have introduced measures to support youth enrolments. In the ACT, schools are paid a $2.50 incentive fee per student to facilitate the enrolment of young people. Nationally, a successful Victorian scheme will soon be implemented with all 17 and 18 year olds being sent an enrolment form with a birthday card.112
6.15 Some students appearing before the Committee proposed a compulsory enrolment scheme for people while they were still at school, but with an
110 See Andrew Ellis, Maria Gratschew, Jon H. Pammett, Erin Thiessen (eds) (2006) Engaging the Electorate: Initiatives to Promote Voter Turnout From Around the World, International Institute for Democracy and Electoral Assistance (IDEA), p. 15 and accessable at http://www.idea.int/publications/vt_ee/index.cfm. 111 Kathy Edwards, Lawrence Saha and Murray Print Youth Electoral Study Report 3: Youth, The Family, and Learning About Politics and Voting, (2006) p. 32 accessible at
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option on whether they would choose to actually vote or not.113
6.16 Also noted by the YES researchers is how awareness of the electoral system can be supported by simple activities such as accompanying parents to polling places. The study found that such childhood experiences helps build confidence and that young people who are confident with the electoral process are more likely to vote.114
6.17 The study also points out that there is another side to these formative experiences in that many young people also adopt, relatively uncritically, negative views from their parents about “having to go and vote”.115
Relevance of political processes
6.18 Relevance is another factor identified by the research to explain lower youth participation rates.
6.19 During a significant transition period in their lives, young people deal with a myriad of other obligations. Pressure to complete school or find work and assume the other responsibilities of adulthood can be particularly intense at this time. Political messages may easily be lost as young people learn to engage effectively with a number of major social, economic and political systems. Interpreting complex political debates may be an unreasonable expectation at this age.
6.20 Research in this area questions whether the issues raised by political parties and leaders lack relevance to young people’s lives and interests. This may mean that political ideas and actions are not meaningfully expressed or communicated in a way that gains young people’s attention.
6.21 During the Inquiry a number of young people expressed the view that they did not have adequate information to vote. One student explained that it was hard to get real information about what politicians actually mean. The ACT
113 Transcript of evidence, 26 July 2007, p. 76. The Queensland Inquiry recommended that automatic enrolment strategies be investigated. Legal, Constitutional and Administrative Review Committee (2006) op. cit., p. 112. 114 Prof. Saha, Transcript of Evidence, 24 October 2006, p. 42. 115 YES Report 3, op.cit.
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CRC explained to the Committee that young people are very concerned about how to get straight‐forward, reliable information about political policies and candidates.116
6.22 Effective forms of political communication are important for an effective democratic system.
6.23 In its submission to the Committee, the Youth Coalition of the ACT noted that well structured discussions with young people will help them fully appreciate the relevance of many political issues. Following such discussions: [t]hings such [as] education, recreation facilities, public space, public transport and employment were all raised as areas that young people cared about and clearly have an interest in as citizens of the ACT who are in some cases the largest number of citizens who engage with such services – particularly education and public transport.117
6.24 A national inquiry into civics and electoral education conducted by the Australian Parliament’s Joint Standing Committee on Electoral Matters concurred with a view that political information needs to be more accessible to young people and, amongst other proposals, recommended that improved, more interactive forms of communication should be a priority for members of parliaments and political parties.118
6.25 The Committee agrees that constituent information resources should be relevant to the information needs of young people.
116 Transcript of evidence, 26 July 2007. 117 Youth Coalition of the ACT, Submission no. 6, p. 7. 118 Joint Standing Committee on Electoral Matters (2007), Civics and Electoral Education, Parliament of the Commonwealth of Australia, Canberra, pp. 23‐25. accessible at
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Cynicism about the political system
6.26 The final reason for reduced engagement of young people is set against a sense of apathy within the general community or a cynicism about the political system. At the extreme this perception may prompt complete detachment from the community or it may inspire young people to explore other avenues of expression such as direct protest or interest group affiliation.
6.27 In their submission to the Inquiry, the Minister’s Youth Council noted a tangible sense of cynicism amongst the young people surveyed with some saying that they ‘were sure that no matter what they said the ACT Government would not lower the voting age.’119 However, Council members also informed the Committee at hearing that the opportunity to contribute to their survey on the proposal sparked a lot of interest with many having ‘never grasped the concept that we may be able to vote lower than the age of 18.’120
6.28 The Committee has valued the enthusiastic and intelligent contributions made to the Inquiry by young people in a number of forums. Even those who did not wish to claim the franchise for 16 and 17 year olds were eager to engage in a considered discussion with the Committee on the political merits of the proposal.
6.29 In their enthusiasm to fully engage, these young people sometimes appeared to be both critical and supportive of the proposal and sometimes offered mixed messages in their input. However, the Committee consistently received positive feedback about the importance they place on being consulted and having opportunities to express their views on issues that affect them.
6.30 The Committee believes that the broader issues raised by young people during the Inquiry need to be taken seriously by the ACT Government and all Members of the Legislative Assembly if an engaged and knowledgeable citizenry is to be assured in the future.
119 Minister’s Youth Council, Submission no. 4. 120 Mr Coleman, Transcript of evidence, 31 October 2006, p. 49.
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RECOMMENDATION 4
6.31 The Committee recommends that the Legislative Assembly consider the opportunities provided to young people to actively engage in aspects of the political process and develop strategies to increase participation of young people in formal political events and in processes to provide feedback on policy or legislative proposals.
Political priorities of young people
6.32 For what ever reason – lack of support, relevance, or general cynicism ‐ international and national research consistently indicates that formal political participation is not a high priority for most young people.121
6.33 As one student told the Committee, ‘we wake up on our 18th birthday – and voting isn’t the first thing we’re most excited about.’122
6.34 Australian research has indicated that young people make different choices about the relevance of particular issues and the type of political engagement they pursue.
6.35 The research conducted as a part of YES has provided considerable insight into preferences noting, from national results and surveys, that while young people understood the importance of voting, they also thought that voting was ‘boring, a hassle and was a waste of a Saturday’.123 According to the YES researchers, most young people do not consider voting to be a “right of passage” into adulthood.
6.36 Following up on these findings with a nation‐wide survey of 4,855 senior secondary school students, the YES researchers found that only 50 per cent of respondents indicated that they would vote when entitled if it were not compulsory. Taking this as an indication of individual willingness to actively
121 See for example, The Electoral Commission of the United Kingdom (2002) Voter engagement and young people, accessible from http://www.electoralcommission.org.uk (accessed 25 June 2007). 122 Ms Mei Godfrey‐Yik, Transcript of evidence, 2007, p. 77. 123 Kathy Edwards, Lawrence Saha and Murray Print Youth Electoral Study Report 1: Enrolment and Voting, 2004)p. 23, accessible at
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engage in particular political activities, the researchers contrast this with the 55 per cent of respondents who indicated that they had already made the effort to sign a petition.124
6.37 This study goes on to highlight that while young people seem less inclined to participate in formal political activity such as voting, they are inclined to participate in civic activity such as volunteering or political activism.
6.38 This is borne out by other research. For instance, The Brotherhood’s Social Barometer noted that while rates of volunteering increased in all age groups between 1995 and 2000, the increase was proportionally higher for young people.125
6.39 The 2006 Mission Australia survey (of 14,700 young people aged between 11 and 24 years old) indicated that over 20 per cent of respondents were involved in some form of volunteer activity.126
6.40 The YES findings support the observation that many young people actively engage with their communities, making judgements about what they believe to be right or fair and making efforts to contribute to good societal outcomes.
6.41 The data presented by the YES reports suggests a distinct reluctance to engage with formal political structures, but not necessarily a reluctance to engage with political issues per se.
6.42 One young person’s posting to the youth engagement website “ActNow”127 observed: In August 2006, I attended a seminar on the results of a study into young people and political engagement. The findings presented were interesting and somewhat contradictory. The study found that young people (that’s
124 Kathy Edwards, Lawrence Saha and Murray Print Youth Electoral Study Report 2: Youth Political Engagement and Voting (2005) : 125 Martina Boese & Rosanna Scutella (2006) The Brotherhood’s Social Barometer: challenges facing Australian youth, The Brotherhood of St Lawrence, Fitzroy Vic., p.31. 126 Mission Australia (2006) National Youth Survey accessible at
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us) tend to think politics is boring and removed from our everyday lives. But in contrast, most of us are interested in and concerned about a number of (political) issues. It appears that we tend to distinguish formal political structures and institutions (like parliament and voting) from less formal structures and participation (like petitions, protests, volunteering with organisations and issues) and, in general, we don’t define the latter as “political”. I think that the stereotype that young people are apathetic and disengaged in politics, stems from the way we define politics.128
6.43 Drawing on the perspectives of young people, the researchers for YES have made the point that ‘it is necessary to examine the system we are asking young people to trust and participate in as well as merely encourage them to participate.’129
6.44 The 2006 Mission Australia survey identified family conflict, alcohol and other drugs, and body image as the three main concerns for this age group. The survey also revealed that young people are most likely to seek support and advice from friends, then parents followed by other relatives or family friends. The internet was ranked fourth as a source of information.
6.45 The relevance of the political system to immediate and often personal experiences is not always clear but, as the Youth Coalition noted, young people will quickly grasp the links when provided support to work through the connections between the issues that affect them and the structures of government.
6.46 In their submission to the Inquiry, the Minister’s Youth Council (MYC) recommended that; Political awareness and debate of topical issues amongst young people is encouraged. This should be done in [a] number of ways, including by improving core electoral and civic education, and strengthening and
128 Jessie, undated “Are young people political enough?” ActNow Opinion, accessible at
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making more accessible extra learning opportunities.130
Civics education
6.47 The MYC, in a submission to the national inquiry into civics and electoral education, emphasised the importance of ensuring that civics and electoral education is Adequately resourced and consistently progressed in keeping with the school curriculum and students’ learning; Accessible to all students so that they have the continual opportunities to learn about systems of government; Understood as an important way to promote the status of Australian political and social history; and Implemented at all government levels and through supporting strong partnerships between various agencies.131
6.48 A number of students reported to the Committee that they had not had adequate civics education and their understanding of political matters was largely self‐taught. Others indicated that they had benefited from the expertise of particular teachers who supported their learning in the area.132
6.49 Civics education is an area in which governments can readily respond to apparent gaps in youth participation. Some caution is required in the development of civics programmes, however, as in the past they have been criticised for a lack of relevance to the interests and concerns of young people and for a narrow construction of the concepts of politics and citizenship. The Committee also recognises that civics courses can not be relied on to inform all young people.
6.50 The Committee notes that the delivery of civics education in the ACT is often undertaken in partnership with a number of lead organisations.
130 Minister’s Youth Council, Submission no. 4, p. 2. 131 Minister’s Youth Council Submission (no. 49) to the Civics and Electoral Education Inquiry, Joint Standing Committee on Electoral Matters, Australian Parliament House, accessible at
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6.51 The ACT Legislative Assembly offers a range of civics education programmes, in partnership with Department of Education and Training and Elections ACT, through the Education and Strategy Office including: A professional development day for teachers twice a year; General student program, which may include a mock Hare‐Clark election, an opportunity to meet Members of the Legislative Assembly, a role play exercise in the Chamber and other activities as arranged; ACT Schools Constitutional Convention; Interschool parliamentary debates; Work experience opportunities; Open days; and An education section on the website.133
6.52 Elections ACT provide web‐based information resources, including fact sheets. They also present education sessions for students at primary and secondary schools. Schools can also arrange for Student Representative Council elections to be conducted by Elections ACT using the Hare‐Clark system. Electoral officers provide the technical expertise for the conduct of the mock elections held at the Legislative Assembly.134
6.53 The Department of Education and Training has recently identified the development of capacity for student citizenship as an area for improvement. The 2005 school survey data indicates that only 65 per cent of staff believed that high schools taught students to be “good citizens”.135
6.54 Students expressed a preference for an integrated approach to civics education noting that the curriculum is already quite full with core subjects.136
6.55 The Committee understands that the new school curriculum currently being
133 ACT Legislative Assembly, Submission (no. 14) to the Civics and Electoral Education Inquiry, Joint Standing Committee on Electoral Matters, Australian Parliament House, accessible at
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trialled for implementation will address the deficit at all levels of attainment with students’ understanding of what it means to be a citizen within a democracy identified as a key learning outcome.137
6.56 In meeting with the Committee during the 2006 Annual Reports Inquiry, the Minister for Education and Training advised the Committee that information about the unique nature of the ACT system would be incorporated in the implementation of the curriculum noting that; so much of the national focus is on three tiers of government. We need to ensure that students in the ACT have a better understanding of the unique role of the Assembly in providing both state and local government functions. There are also important issues around the nature of our electoral system that are confusing to many adults. Clearly we have an opportunity through our education system to improve the understanding of how our local democracy works. That is a key area of attention that I think the new curriculum framework is focusing on.138
6.57 The Committee supports the priority given to enhancing civics education for students in the ACT education system and encourages the development of relevant ACT resources and information for students in this jurisdiction.
6.58 Civics and citizenship education has been on the national policy agenda since 1999 when the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA) agreed that it should be a national goal. Key performance measures have been developed following this agreement and the first national sample was conducted with Year 6 and Year 10 students in 2004.139 This assessment will provide a benchmark for future assessments.
6.59 The ACT performed well against the national average although overall, the achievements were below expectations. Key difficulties for students included conceptual ideas such as “the common good” and historical knowledge about
137 ACT Department of Education and Training (2006) Phase 2 – trial draft ‐ Every chance to learn: curriculum framework for ACT schools, ACT Government, Canberra. 138 Mr Barr, Transcript of evidence, 7 November 2007, Education, Training & Young People Annual Reports Inquiry 2006, p. 11. 139 MCEETYA (2006) National Assessment Program: Civics and Citizenship Years 6 and 10 Report 2004, accessible at
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national events and symbols. The Assessment did note that; Participation in citizenship activities outside school (such as reading a newspaper and listening to radio news and to a lesser extent watching television news) had a varied but mainly small positive effect on student performance for both Year 6 and Year 10 students. However, talking about politics and social issues with family had a moderate effect on student performance among Year 10 students. 140
6.60 The Committee takes note of this finding as an indicator that civics education alone will not support the development of young citizens and confirms the need for further opportunities for genuine engagement.
6.61 Elections ACT has identified opportunities that may arise from the national focus on civics and citizenship curricula and the development of key learning outcomes in this area. As they point out, ideally one‐off experiences, such as visiting the electoral education centre or the Legislative Assembly; should support classroom teaching in a democratic school setting where civics and citizenship education begins in early primary school and continue in a progressive way to upper secondary school.141
6.62 The Committee agrees that opportunities for young people to actively engage with the principles and practices of democratic systems should be strongly encouraged.
The Student Vote Project
6.63 One project that came to the attention of the Committee during the Inquiry was the Canadian Student Vote Project.142 This participatory model combines support for an early voting experience with a public voice by offering students the opportunity to vote on the candidates prior to the actual election.
6.64 In this model, a student vote is conducted as a prelude to the formal general election. Students have the opportunity to familiarise themselves with the
140 Ibid., p. xvi. 141 Ibid, p. 6. 142 Information about the project can be found at the project website: http://www.studentvote.ca/federal/index.php
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electoral process and the candidates. This can include candidates attending schools to meet with students and discuss their candidacy and policy positions.
6.65 The results of the student poll held in the lead up to the general election are reported in local media as a part of the general campaign. The project is actively supported by local media organisations. For instance, local newspapers donate daily newspapers to schools for distribution to students.
6.66 With the support of an independent specialist organisation, each school is provided with the information and guidance to conduct their own formal election process. Students participate in preparations for the poll as well as researching the candidates for whom they will cast a vote.
6.67 For the 2006 Election, about 450,000 students between grade 5 and 12 across Canada participated.143
6.68 Potentially, this project could complement the formal electoral process and enhance democracy by providing the results of student’s views, expressed through a ballot, as a welcome form of input into the pre‐election public debate. It could enhance the connection between political engagement and voting for young people as seems to have occurred in Canada.
6.69 In their submission and at hearing, the Democratic Audit of Australia advocate this model noting that the ACT has the advantage of fixed electoral periods (allowing for advanced preparation and planning) and Elections ACT is already active in ACT schools. They note that success in this type of project might provide a clear indicator for the future that a lower formal voting age is warranted.
6.70 The Committee appreciates that considerable coordination would be required to establish and implement this model in the ACT context. In Canada, the project is administered by a non‐profit organisation, staffed by dedicated people who enjoy the support of significant corporate partners.144
143 Canadian Broadcasting Corporation (2006) “Student Vote 2006: Students choose Conservative minority” accessed 10 October 2006 at http://www.cbc.ca/canadavotes/voterstoolkit/studentvote2006/studentvote_results.html 144 JSCEM, Transcript of Evidence, Civics and electoral education, 4 December 2006, pp. 38‐45
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6.71 The Committee has not attempted to asses the potential efficacy of this model in the ACT context but considers that its broad and inclusive approach to the political induction of young people warrants further investigation.
RECOMMENDATION 5
6.72 The Committee recommends that all civics and citizenship resources provide explanations of how public administration can account for the interests and needs of all citizens, the scope of this capacity in our democracy and the avenues open for public participation in decision- making processes.
RECOMMENDATION 6
6.73 The committee recommends that the Minister for Education and Training ensures that accurate and engaging learning materials, that deal with the specific attributes of the ACT political system and ensure all schools actively promote democratic principles and the attributes of active citizenship, be developed for use in all ACT schools.
RECOMMENDATION 7
6.74 The Committee recommends that the ACT Government undertake to extend the effectiveness of civics education strategies in promoting awareness and confidence in young people of the specific characteristics of the ACT system of democracy.
RECOMMENDATION 8
6.75 The Committee recommends that the ACT Government consider the potential for the “student vote” model to extend and enhance the delivery of practical civics education opportunities for all young people in the ACT.
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7 CONCLUSION
7.1 The Committee believes that on‐going public consideration about expanding the franchise is an important indicator of the health of our democracy by demonstrating that the political value of the vote is high. For this reason, the Committee has not concluded that the proposal to lower the eligible voting age should or should not be supported at the present stage. Rather the Committee considers that the readiness of the community for an expanded franchise should be periodically reviewed by the Legislative Assembly. In the meantime, efforts to support participation in, to increase relevance of, and to diminish cynicism about the formal political process should be actively pursued.
7.2 As has been indicated, the onus is on key democratic institutions, including the Legislative Assembly, to monitor and develop strategies that will ensure a healthy ACT democracy into the future. Some indicators that might assist this review and monitoring process include: Evidence of declining trends for the active participation of young people; Evaluation of strategies used to increase the relevance and awareness of formal political processes for young people; and Evaluation of strategies used to increase the ways young people can contribute to political debate and political discourse.
RECOMMENDATION 9
7.3 The Committee recommends that the ACT Electoral Commission provide indicators of youth participation in the annual report by including data on the current rate of provisional enrolment for 17 year olds.
RECOMMENDATION 10
7.4 The Committee recommends that the ACT Electoral Commission, the Legislative Assembly and the Department of Education and Training continue to collaborate in the development and expansion of opportunities for active learning about democracy in the ACT.
58 STANDING COMMITTEE ON EDUCATION, TRAINING AND YOUNG PEOPLE
Mary Porter AM MLA
Chair
13 September 2007
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APPENDIX A: Submissions to the Inquiry
The Committee received a total of nine submissions to the Inquiry from the following individuals or organisations:
Submission No:
01 Australian Electoral Commission
02 Democratic Audit of Australia
03 Elections ACT
04 Minister’s Youth Council – ACT
05 Mr Greg O’Regan
06 Youth Coalition of the ACT
07 ACT Council of Social Service
08 Dr Graeme Orr, Associate Professor, Law, University of Queensland
09 Mr Phil Green ACT Electoral Commission
Submissions can be viewed on the Legislative Assembly website using the following link:
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APPENDIX B: Public Hearings
The Committee held three public hearings and heard from the following individuals or organisations:
Hearing date
24 October 2006 Mr Greg O’Regan
Elections ACT Mr Phillip Green, Electoral Commissioner,
Democratic Audit of Australia Dr Phil Larkin, Australian National University Mr Norm Kelly, Australian National University
Youth Coalition of the ACT Ms Meredith Hunter, Executive Officer Mr Luke Bo’sher, Policy Officer
Youth Electoral Study (YES) Dr Larry Saha, Australian National University
31 October 2006 Minister’s Youth Council Mr Patrick Stein, Chair Mr Daniel Higginbottom, Member Ms Diana Ni, Member Mr Reece Coleman, Member
26 July 2007 ACT College Representative Committee
Ms Tara Boyd, Narrabundah College
Ms Tharsiga Gnanasekaran, Narrabundah College
Ms Lalarukh Javaid, Narrabundah College
Ms Morgyn Benstead, Hawker College
62 STANDING COMMITTEE ON EDUCATION, TRAINING AND YOUNG PEOPLE
Mr David Ehsman, Hawker College
Mr Simon Pascal Klein, Hawker College
Mr Ben Duggan, Canberra College
Ms Lauren Dawson, Canberra College
Miss Simone Brown, Copland College
Miss Chika Murakami, Copland College
Ms Elissa Sharpe, Copland College
Ms Mei Ying Godfrey‐Yik, Copland College
Mr Nathan Langdown, Lake Ginninderra College
Ms Emma Marshall, Lake Ginninderra College
Mr Gareth Watts, Lake Ginninderra College
Mr James Woodman, Lake Ginninderra College
Miss Hannah Bull, Lake Tuggeranong College
Miss Emily Chinn, Lake Tuggeranong College
Mr Simon Prendergast, Lake Tuggeranong College
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APPENDIX C: Visits
In March 2007, the Committee visited the following ACT Colleges to meet and discuss the proposal with the student community.
Tuesday 20 March
Copland College for discussions with twenty‐three Year 11 and 12 students.
Wednesday 21 March
Lake Ginninderra College for discussion with nine members of the Student Representative Council (SRC). Radford College for discussions with nineteen students from Years 10, 11 and 12.
The Committee was very grateful for support provided to the Inquiry by these Colleges.
64 STANDING COMMITTEE ON EDUCATION, TRAINING AND YOUNG PEOPLE
INQUIRY INTO THE ELIGIBLE VOTING AGE 65
APPENDIX D: Clarification on electoral legislation
Submission no. 8 to the Voting Age Eligibility Inquiry by Dr Graeme Orr, Associate Professor, Law, The University of Queensland.
66 STANDING COMMITTEE ON EDUCATION, TRAINING AND YOUNG PEOPLE
ACT Legislative Assembly Committee on Education, Training and Young People
Inquiry on Lowering Voting Age to 16
Submission from Graeme Orr Associate Professor, Law, The University of Queensland
General
I was invited by the committee secretary to give an opinion on some specific legal issues related to this issue. Following those three issues, I raise two further issues which may be relevant should the committee wish to lower the voting age.
On the overall issue, I support at least a trial lowering of the voting age, without being doctrinaire about it. There is no ‘magic’ in the current age of 18, nor is there is a single age of majority. Rather there are various ages between 15 and 18 at which the law grants rights or imposes obligations. If 16 is thought too low, 17 would be a suitable compromise – 17 is a typical age for finishing school and hence seeking full-time work or higher study, for driving and of course is well into the age of consent. At seventeen the majority of people have been active in the workforce, if only on a casual or part-time basis. At that age, people are well passed the age of compulsory schooling. With respect to the submission by Mr Greg O’Regan, the ability to vote is not earnt, but a fundamental civil right. The primary question for the committee is setting a reasonable age as a marker of maturity – where maturity means the capacity to engage meaningfully in the public sphere and understand debates about government.
It is exciting that the ACT is seriously considering the issue. It is a small jurisdiction where, in the spirit of federalism, such a reform could be trialled and monitored, for the benefit of the debate in other jurisdictions. If the voting age were lowered, it could be done with a sun-rise clause permitting sufficient time to evaluate its success in terms of the proportion of newly enfranchised who enrolled and voted, and any flow-on increase in the enrolment and voting rates of those youth over 18.
1. Compulsory Enrolment
Section 67B of the Australian Capital Territory (Self-Government) Act 1988 (Cth) mandates compulsory enrolment of ‘every person who is entitled to be enrolled’. Its purpose is to assist electoral administrators ensure the roll is a comprehensive list of those eligible to vote, something of value to campaigners and, more importantly, to the integrity of the roll.
On the face of it, s 67B of the Self-Government Act and provisional enrolment under s 75 of the Electoral Act 1992 (ACT), are in literal tension. Under s 75(1)(a) the ‘commissioner shall enrol’ a 17 year old provisional claimant: it is more than arguable that a 17 year old is ‘entitled to be on the roll’ since the commissioner has an enforceable duty to honour such a claim.
Section 75(1)(b) seeks to introduce a distinction between the idea of being on the roll and
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being ‘entitled to be enrolled for the electorate’. This seems semantic. I do not believe it is the real source of the validity of s 75 in the face of s 67B’s requirement of compulsory enrolment.
Legislation is to be read purposively and not with a blind literalism. The clear purpose of s 75 is to create a category of ‘provisional enrolment’, as a secondary, shadow class of names on the roll of people who as yet have no voting entitlement. Once a person turns 18, their provisional enrolment automatically matures into full enrolment in the sense of a voting entitlement. Understood this way, s 75 is consistent with compulsory enrolment under s 67B because: (i) it supports compulsory enrolment of eligible voters, by encouraging 17 year olds to prepare in advance for their enfranchisement (and hence maximising enrolment of eligible voters at 18) and (ii) giving the electoral commission advance ability to check the names/entitlement of such future voters.
It follows that the ACT Legislature could allow 16 year olds to be on the roll by simply amending s 75(1)(a) of the Electoral Act by replacing ‘at least 17 years old’ with ‘at least 16 years old’.
But to resolve any doubt about the validity of provisional enrolment (at whatever age) the Commonwealth Parliament should be asked to amend s 67B of the Self-Government Act to make it explicit that schemes of provisional enrolment are not caught. This would be consistent with the Commonwealth Electoral Act 1918 (Cth), where the compulsion to enrol in s 101 of that Act explicitly does not extend to provisional enrolments under s 100 of that Act.
It is clear, however, as the submission from ACT Elections points out, that s 67B is a bar to enfranchising 16 or 17 year olds unless they are compelled to enrol. It would take a Commonwealth amendment to s 67B to permit one class of eligible voters to enjoy voluntary enrolment. I come to this conclusion because both the literal meaning of s 67B and its purpose– ie to ensure a comprehensive roll of those eligible to vote – are in harmony.
In coming to this advice I note the relevant Explanatory Memoranda shed no light on the matter, presumably as the provisions drew on well established electoral practices/concepts and were thought not to require any clarification.
2. Compulsory Voting
Section 129 of the Electoral Act 1992 (ACT) enacts compulsory voting for practical purposes. But the real source of that requirement is s 4(1)(c) of the Proportional Representation (Hare- Clark) Entrenchment Act 1994 (ACT), which states that ‘voting in an election shall be compulsory’.
Section 129 does not, in fact, enact compulsory voting for all classes of voters. Section 129(2) exempts overseas, Antarctic, prisoner and itinerant voters from compulsion, and not simply in the administrative sense of giving them an irrefutable ‘valid or sufficient reason’ for failing to vote, but by excluding the application of the compulsion rule. I will assume s 129(2) is valid on the argument that the entrenchment Act does not state that ‘voting by all eligible enrolees shall be compulsory’ but merely sets up a broad, semi-constitutional
68 STANDING COMMITTEE ON EDUCATION, TRAINING AND YOUNG PEOPLE requirement that the overall system be classed as compulsory. If so, it is unclear whether a class of voters based on young age could be exempt without amending the entrenchment act. It would depend upon how strictly a court read the entrenchment Act requirement, but it is safer to assume that even if it would permit the relatively small, special exemptions in s 129(2), it probably would not permit the exemption of a general class based on age, even if that class only represented a few percent of eligible voters.
If it were desired to enfranchise 16 or 17 year olds, but not compel them to vote, three solutions may be considered:
(a) Erect less onerous rules about what constitutes a ‘valid or sufficient reason’ for 16-17 year olds who do not turnout at the polls. There is nothing magical in the mix of legislative and administrative ‘reasons’ that have been adopted in the past as ‘valid or sufficient’. High Court cases merely say that parliaments may exclude political apathy, disenchantment or insufficiency of choice from the excuses for not voting; the converse is that parliaments can include such excuses as valid or sufficient reasons.
So, for example, 16/17 year olds could be permitted to cite that they lacked sufficiently informed political opinions or preferences to vote in the election. This could be done sincerely (eg by signing a statement to that effect included in their ‘show cause’ letter) or by statutory declaration.
There may be two objections to this proposal. One is that if a large number of young people do not vote, they may find their first experience of the electoral system to be the negative one of opening a ‘show cause’ letter. But would that be any worse than that which 18-20 year olds currently face? A second downside would be that many young people, in their first experience of any electoral system, may mistakenly imagine that lacking sufficient opinions to vote will be an excuse when they turn 18 and face both ACT and Commonwealth elections.
(b) 16/17 year olds could be issued with a distinct ballot paper which made it clear that if they genuinely had no choice, they could write ‘none of the above’ on the ballot. I have argued elsewhere that such an option should be available to everybody in a compulsory voting democracy, to register the real level of discontent. I do understand that political parties do not want to encourage informal voting, even when it is deliberate and sincere. I believe however that such a compromise is both democratic and would allow the ACT to gauge how many young people are politically disenchanted or apathetic.
(c) Amend s 4(1)(c) of the entrenchment Act. Obviously this involves abiding by the manner and form provisions, which are discussed further in relation to this Act in Gerard Carney, The Constitutional Systems of the Australian States and Territories (Cambridge University Press, 2006) pp 204-206.
3. Candidacy Rules
The Committee secretary notes that, at present, the same age applies to candidacies as for voting, ie 18 years minimum. Lowering the voting age would remove that nexus, unless enrollees under 18 were also allowed to stand as candidates. As the secretary rightly notes, there is no legal requirement for a nexus. In truth, there is no magic to the nexus apart from a form of symmetry between the pool of candidates and electors.
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Higher ages for candidacy than voting rights are not uncommon, the most obvious being the US rules that presidential candidates be 35, Senators 30 and Representatives at least 25. If such higher ages are justified it is not because of concerns about education, but about maturity/capacity to serve in a demanding, full-time role. In Australia, a host of disqualifications apply to candidates and MPs, but not voters: for example rules against the holding of public service jobs; dual citizenship and for a long time, rules that allowed most prisoners to vote but few to hold office.
That said, there is no reason why 16/17 year olds, if they can vote, should not also be able to stand. In practice, few will. It is very rare for the mainstream parties to endorse candidates who are not close to or above 30, and even then, typically for unwinnable seats. Ultimately it would be for the electorate and media to determine if a 16/17 year old candidate is too ‘green’.
Dependent young people – an argument for compulsory enrolment/voting
The intention behind the ‘half-way house’ of lowering the voting age without compulsory enrolment or voting for those newly enfranchised is presumably as a compromise, to reflect the fact that some young people will have no political interest or engagement.
The cleanest legislative solution would simply be to lower the voting age to 16, but apply the same compulsion to enrol and vote to citizens over that age. (Younger people could have a reduced fine – there is ample precedent for fines to be tailored to capacity to pay and relative culpability).
One issue with a lower voting age is that if younger people are less likely to be politically engaged, some will simply vote the way their parents - or alternatively an influential friend or peer group - dictates. There is nothing inherently wrong with this, given that historically voting preferences were typically inherited or mirrored that of significant others such as spouses.
A problem with voluntary voting is that vulnerable or dependent groups may disproportionately turnout, depending on the level of influence and dependency. For example, middle class parents may be more likely to push their teenage children into both going to the polls and supporting the party they favour. This may distort, albeit in small percentages, the effect of the principle of compulsory voting which otherwise governs the electoral system – namely that an election is a survey of as close to 100% of eligible voters as possible.
Vulnerable young people – an argument for stiffer laws against corruption
Occasionally, concerns about bribery or other forms of undue influence are raised in relation to proposals to lower the voting age. Are teenagers more susceptible to bribery because they are less politically interested or have limited incomes?
It should be noted that this fear is partly contradicted by two other common impressions: (a) that some teenagers are more ideologically committed or idealistic (and hence less likely to sell their vote than an apolitical person); and (b) that others teenagers, as just mentioned, may be so nestled within a family or peer group that they vote slavishly in accordance with that family/group’s preferences (and
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hence unlikely to be bribable).
In any event, there is scant evidence of such crude forms of vote-buying at any level of public elections in Australia over the last century.
The Committee however, to reinforce this clean practice, might give attention to stronger penalties and political consequences for anyone found to have bribed, intimidated or unduly influenced a young person in relation to their electoral choices.
Dr Graeme Orr, Associate Professor, Law, The University of Queensland Q 4072 [email protected]