Provisions in the Electoral Act, and State, Territory and Local Government electoral legislation prevents a person from being included on the electoral roll if they are incapable of understanding the nature and significance of enrolment and voting by reason of ‘being of unsound mind’. This presumption of incapacity denies some people with disability, particularly people with cognitive impairment and psychosocial disability the right to vote.607 (See also Article 12)
A High Court decision affirmed that the rationale behind the ‘unsound mind’ provision is related to the capacity of the voter to exercise choice,608 protections to the integrity of the electoral process and the system of representative government.609 However, this ignores the following points:
there is no definition of ‘unsound mind’ in legislation, which leads to confusion and ambiguity in how it is applied, and who makes decisions concerning ‘unsound mind’;
many people who are considered of ‘sound mind’ do not necessarily understand the nature and significance of voting, yet they are still allowed to vote and exercise choice in who they vote for; and
a person with disability is highly likely to be automatically excluded from the electoral roll without any consideration of the support measures that should be provided to assist the person to exercise voter choice and to cast a vote.610
