Although Aboriginal people were not expressly denied the right to vote in NSW elections, a number of laws, policies and government practices meant that very few Aboriginal people voted until 1962 when the Commonwealth Electoral Act 1962 (Cth) was passed (DOC4568).

The first Legislative Council of NSW was created in 1823 by the Parliament of the United Kingdom (DOC1900). It comprised between five and seven members appointed by the King. The Governor made laws, but required the support of a majority of the Legislative Council in most cases (DOC1900).

In 1843, the law was changed so the members of the NSW Legislative Council were elected, rather than appointed (DOC2883). Only men who owned or had leased property for at least 6 months could vote.

During a Legislative Assembly debate in 1875, no Member of Parliament was aware of any Aboriginal person voting in NSW (DOC1893). However, some Aboriginal men voted in the Burragorang valley at this time (DOC1846). Only 61 Aboriginal people voted in this region over 84 years (DOC1893). They were able to vote because they lived on unmanaged reserves (DOC1893). This meant they were not considered to be in receipt of ‘charitable aid’ and therefore were not barred from voting (DOC1893). See SUB0316 for information on this disqualification.

In practice, Aboriginal people who lived on unmanaged reserves were not considered to be in receipt of ‘charitable aid’ and therefore were not barred from voting (DOC1893). Conversely, Aboriginal people who lived on reserves and received rations from reserve managers would have been barred from voting under the charitable aid disqualification.

In 1893, the Parliamentary Electorates and Elections Act 1893 (NSW) (DOC1846) gave voting rights to all men in NSW. This included Aboriginal men. In practice, very few voted. See SUB0317 for the barriers to Aboriginal men voting that existed in practice which prevented many Aboriginal men from voting.

In 1902, the Women's Franchise Act 1902 (NSW) (DOC3210) gave voting rights to all women in NSW. This included Aboriginal women. However, in the same year, the Commonwealth Franchise Act 1902 (Cth) (DOC1890) specifically excluded Aboriginal people from voting in federal elections. Only Aboriginal people who were enrolled to vote in NSW prior to 1901 could vote at the federal level (DOC3485). This changed in 1949 so that an Aboriginal man enrolled to vote in NSW could enrol to vote in federal elections (DOC4595). Aboriginal men who had served in the armed forces could also vote in federal elections from 1949 (DOC4595). It wasn’t until 1962 that federal voting law was amended to allow all Aboriginal people to vote, regardless of the state they lived in (DOC4568).

These laws excluded Aboriginal people from voting in federal elections, however they also had the effect of preventing Aboriginal people from voting in NSW elections. As acknowledged by the Parliament of New South Wales:

>Officially, under state law, Aboriginal Australians in NSW were not prevented from voting. However, the Commonwealth Franchise Act 1902 specifically denied federal voting rights to every “aboriginal native" of Australia, Asia, Africa, or the Islands of the Pacific (except New Zealand)”. Influenced by this federal legislation, Aboriginal Australians were effectively prevented from voting in NSW until 1962…’ (DOC3332).