EXPLANATORY STATEMENT
Commonwealth Electoral (Secure Telephone Voting Method for Coronavirus Affected Individuals) Determination 2022
Issued by the Electoral Commissioner under subsection 202AFA(1) of the Commonwealth Electoral Act 1918
Legislative Authority
Subsection 202AFA(1) of the Commonwealth Electoral Act 1918 (Electoral Act) provides that if the Electoral Commissioner is satisfied on reasonable grounds that it is necessary or conducive to ensure the due conduct of a general election, Senate election or by‑election, the Electoral Commissioner may, by legislative instrument, determine that a secure telephone voting method prescribed for the purposes of subsection 202AB(1B) may be used by individuals in Australia:
- who have not previously voted in the election; and
- who are coronavirus affected individuals during all or part of the period:
- starting at 6.01 pm on the Wednesday that is 3 days before the polling day in the election; and
- ending on the close of the poll for the election.
Background
Subsection 202AFA(1) was inserted into the Electoral Act by the Electoral Legislation Amendment (COVID Enfranchisement) Act 2022. This section will be repealed at the end of 31 December 2022 (see subsection 202AFA(6)).
The Commonwealth Electoral (COVID Enfranchisement) Regulations 2022 prescribe the secure telephone voting method. The Regulations will automatically repeal on 31 December 2022.
Purpose and operation
The Commonwealth Electoral (Secure Telephone Voting Method for Coronavirus Affected Individuals) Determination 2022 provides that the secure telephone voting method prescribed by the Commonwealth Electoral (COVID Enfranchisement) Regulations 2022 may be used by individuals referred to in subsection 202AFA(1) in relation to the general election and Senate election to be held in the year beginning 1 January 2022.
Details of the proposed Determination are set out in the Attachment.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Commonwealth Electoral (Secure Telephone Voting Method for Coronavirus Affected Individuals) Determination 2022
This disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the disallowable legislative instrument
The Commonwealth Electoral (Secure Telephone Voting Method for Coronavirus Affected Individuals) Determination 2022 (Determination) is made under subsection 202AFA(1) of the Commonwealth Electoral Act 1918 (the Electoral Act), which enables the Electoral Commissioner to determine, if they are satisfied on reasonable grounds that it is necessary or conducive to ensure the due conduct of a general election, Senate election or by‑election, by legislative instrument that a secure telephone voting method prescribed for the purposes of subsection 202AB(1B) of the Electoral Act, may be used by individuals in Australia:
- who have not previously voted in the election; and
- who are coronavirus affected individuals during all or part of the period:
- starting at 6.01 pm on the Wednesday that is 3 days before the polling day in the election; and
- ending on the close of the poll for the election.
The Determination will apply in relation to the general election and Senate election to be held in the year beginning 1 January 2022.
Human rights implications
The Determination engages the right to take part in public affairs and elections, as contained in article 25 of the International Covenant on Civil and Political Rights.
Article 25 provides, among other things, that every citizen shall have the right and the opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives and to vote and to be elected at periodic elections.
The Determination will advance the rights to take part in public affairs and elections by determining that the secure telephone voting method prescribed by the Commonwealth Electoral (COVID Enfranchisement) Regulations 2022 may be used by individuals referred to in subsection 202AFA(1), in relation to the general election and Senate election to be held in the year beginning 1 January 2022.
Conclusion
The Determination is compatible with human rights as it seeks to enforce the right to take part in public affairs and elections.
Attachment – Details of the Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021
Section 1 – Name of instrument
This section provides that the name of the Determination is the Commonwealth Electoral (Secure Telephone Voting Method for Coronavirus Affected Individuals) Determination 2022 (Determination).
Section 2 – Commencement
This section provides that the Determination commences on the day after it is registered.
Section 3 – Authority
This section provides that the Determination is made under subsection 202AFA(1) of the Commonwealth Electoral Act 1918.
Section 4 – Definitions
This section specifies the meaning of terms that have been used through the Determination.
Section 5 – Coronavirus affected individual may use a secure telephone voting method
This section provides that for the purposes of subsection 202AFA(1) of the Act, the method referred to in that subsection is determined for the individuals referred to in that subsection in relation to the general election and Senate election to be held in the year beginning 1 January 2022.