Aboriginal people have faced numerous barriers to voting since the 19th century.

Although Aboriginal men over the age of 21 were permitted to vote in the 19th century if they met the qualifications that applied to all men, they were not actively encouraged to enrol, and many were not aware of their right to vote (DOC1902).

Many Aboriginal people were mandated by law to live on reserves and stations and were disqualified from voting because of this until 1926. See SUB0316 for more information.

Compulsory voting was introduced in NSW in 1928 (DOC2966). However, it was not enforced with respect to Aboriginal people (DOC2761). For example, in 1961 only 487 out of 1042 eligible Aboriginal people living on Stations in NSW were enrolled to vote (DOC2761).

Although significant numbers of Aboriginal people have enrolled to vote in NSW since, other laws have impacted their participation in democracy.

For example, since 1912 a person cannot vote in NSW if they are serving a prison sentence of 12 months or more (DOC2034). This continues to the present day under the Electoral Act 2017 (NSW) (DOC1850).

The Australian Human Rights Commission found that, ‘[r]estrictions on the right of prisoners to vote also exclude a disproportionate number of Indigenous Australians from voting’ and that, ‘[t]he disproportionate impact of the prisoner voting restrictions on Indigenous peoples may amount to racial discrimination under international human rights law’ (DOC1883).

Education levels and remoteness of communities also contribute to the low level of voter enrolment amongst Aboriginal people. The State Electoral Office stated in its submission to a Joint Standing Committee on Electoral Matters (DOC2770):

>Literacy levels, school retention rates, health and social conditions as well as the general remoteness of communities impact on enrolment levels as well as electoral awareness and knowledge amongst indigenous communities. Research has also shown that the barriers to enrolment differ depending on whether indigenous Australians are located in remote or urban areas.

It recommended that the State Electoral Office develop strategies to promote active and informed citizenship among Aboriginal people. Similarly, another Joint Standing Committee on Electoral Matters recommended: (i) more advertising in Aboriginal media on voting (ii) instructions on voting and (iii) encouraging Aboriginal people to work at elections (DOC2769).

Women's Franchise Bill 1902 (NSW) - Second reading, Legislative Council, 6 August 1902