Voting While in Prison (NSW)
In New South Wales, there are laws that restrict the voting rights of citizens who are in prison. This page outlines the circumstances under which a person can vote while in prison, and when a person does not have the right to vote while serving a sentence.
Legislation
The laws surrounding voting in New South Wales are set out in the Electoral Act 2017 (NSW) and in the Commonwealth Electoral Act 1918.
Local and state government elections
A person who is serving a sentence of more than 12 months in prison in New South Wales will not be allowed to vote in local elections or state elections. However, a person who is serving a sentence of less than 12 months is allowed to vote in these elections.
If a person who goes to jail for less than 12 months was enrolled to vote before they went to prison, they will be given the opportunity to vote while in prison.
Federal elections
Under section 93 of the Commonwealth Electoral Act 1918, a person who is in prison serving a sentence of more than three years imprisonment is not entitled to vote in a federal election, referendum or by-election. However, a person who is serving a sentence of less than three years is required to vote in federal elections, referenda and by-elections.
If you are in prison, use this form to enrol to vote or to change your details with the Electoral Commission. When enrolling to vote, a prisoner must provide identification or have a person who is enrolled to vote verify their identity.
Prisoners on remand
A person who is in prison on remand in New South Wales is allowed to vote in local, state, and federal elections.
Parole and intensive corrections orders
There is nothing in New South Wales law or Commonwealth law that disqualifies a person from voting while they are living in the community on parole, or while they are subject to a community corrections order.
How to vote from in prison
If you are in prison and eligible to vote, ask the prison staff if a mobile polling team will be visiting the prison. If no mobile polling team is visiting, you will have to vote by post.
You can register as a postal voter when you fill in the Enrol to vote or update your details as a prisoner form. If you were enrolled to vote before you went to prison, you can remain on the electoral role at your usual address.
Other jurisdictions
In Queensland, prisoners who are serving a sentence of more than three years in prison do not have the right to vote in local and state elections. The Queensland government is currently considering changing the law so that any person who is serving a sentence of more than 12 months in prison will lose their right to vote while they are incarcerated.
In all other states and territories of Australia, all prisoners are entitled to vote in local government and state elections.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.