2.1 Introduction
For many years, the Victorian Electoral Commission’s (VEC’s) vision has been ‘to enable all Victorians to actively participate in their democracy’. It is estimated that 21.4% of Australians in 2022 had some sort of disability. The likelihood of experiencing disability increases over a person’s life, with 52.3% of people aged 65 or older having some form of disability.[1] Addressing barriers faced by voters with disability is therefore a critical part of the VEC achieving its vision.
One of the things that can make this challenging is the varied nature of disability. As explained in Section 1.4.3 of this report, understanding the diversity of disability should be a guiding principle for the VEC. Section 2.2 of this chapter explores that diversity in more detail.
The importance of including people with disability within elections is recognised by international agreements, Victorian legislation and Commonwealth legislation. The obligations arising from legislation and the rights set out in the United Nations’ Convention on the Rights of Persons with Disabilities are explored in Section 2.3. These are relevant to many aspects of election delivery.
The Committee would like to see the VEC undertake an audit of its policies, decisions and processes with its legislative obligations and the United Nations’ Convention in mind. This would help to identify areas where barriers faced by people with disability could be removed.
2.2 Understanding disability
Understanding the nature of disability is essential to addressing the barriers that people with disability face. The Committee considers it particularly relevant to note two important aspects of disability:
- disability is varied—there are many different types of disability, which are associated with many different barriers; it is important to cater to the full range of disabilities and not treat all people with disability as having the same needs
- some disability is hidden—not all disability can be seen and any system that relies on staff to identify people with disability will not meet some people’s needs.
In addition, the Committee notes that there is a need for additional, specialised work to understand how best to support the participation of people with intellectual and cognitive disability.
Many concepts and terms relating to disability are contested and understood in different ways.
The Committee’s understanding of disability has been informed by the United Nations’ Convention on the Rights of Persons with Disabilities. This states:
Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Source: United Nations, Convention on the Rights of Persons with Disabilities, art 1.
The Committee has found the ‘social model of disability’ to be helpful. This model has been adopted by the Victorian Government in its Inclusive Victoria disability plan. The social model sees societal barriers as the obstacles to a person’s equal participation, not their impairment. For example, with this approach, a flight of stairs is what creates a barrier for a wheelchair user, rather than the fact that they are in a wheelchair. The focus is therefore on understanding the barriers that prevent people from equal participation.
This model is also reflected in the Convention on the Rights of Persons with Disabilities, which explains:
disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others.
Source: United Nations, Convention on the Rights of Persons with Disabilities, Preamble (e).
Discrimination against people with disability can be referred to as ‘ableism’. Ableism includes attitudes, practices and structures that privilege people with typical abilities and disadvantage people with disability. It can be associated with practices such as designing systems and services without acknowledging, detecting and dismantling the barriers that people with disability may encounter, excluding people with disability as a result.
In describing people with disability, the Committee recognises that people with disability describe themselves in a variety of ways. Different groups and different individuals vary in their preferred terms. In particular, people have different preferences about whether to use person-first language (such as ‘a person with disability’) or identity-first language (such as ‘a disabled person’).
Some groups prefer to use capitals to recognise their identity, especially the Autistic community and the Deaf community.
In this report, the Committee generally uses person-first language, with some exceptions where the Committee understands other practices to be generally preferred. The Committee recognises that the terms used in this report may not be everybody’s preferred approach.
The Committee also recognises that there are a variety of other terms relating to disability where there are variations in people’s preference (for example, ‘support person’ or ‘carer’). Again, the Committee has attempted to use the terms most appropriate or most commonly preferred. However, the Committee recognises that these will not be everybody’s preferred terms.
In quoting people who provided input to this Inquiry, the Committee has retained the terms and capitalisation conventions used by those people.
2.2.1Disability is varied
There are many different forms of disability. The United Nations’ Convention on the Rights of Persons with Disabilities notes that people with disability include people with physical, mental, intellectual or sensory impairments.[2] Associated with each of these categories is a variety of disabilities and many people live with more than one impairment and multiple disabilities.
People experience a range of barriers to participation depending on their individual circumstances. Nuray Kaya outlined the variety of barriers faced by people with disability:
- Physical accessibility issues, including uneven terrain, inadequate ramps, narrow entrances, inaccessible parking, or distance from public transport
- Sensory and cognitive barriers, such as noise, crowds, signage complexity, lighting, and time pressure
- Reliance on assistance, which may reduce privacy, independence, or confidence in casting a secret ballot
- Health and fatigue impacts, particularly for voters with mobility, chronic illness, or neurological conditions.[3]
It is important to recognise the diversity of disability, and the resulting different experiences and access considerations. The Committee has identified this as one of three new guiding principles that the VEC should adopt (see Section 1.4.3).
Recognising this means:
- identifying and minimising a wide range of barriers when selecting voting centres (see Chapter 4)
- organising and running voting centres in ways that reduce the barriers people may face when voting (see Chapter 5)
- providing multiple accessibility tools and services at voting centres that can be used in different combinations (see Chapter 6)
- communicating important information in a range of accessible formats (see Chapter 7)
- training staff to understand different needs and to offer a variety of supports (see Chapter 8).
Many people with disability also face barriers that are unrelated to disability or do not arise solely from disability. For example, people with disability from culturally and linguistically diverse backgrounds may have difficulties understanding English in addition to the barriers that relate to their disability. People with disability from regional areas may have to travel further to access services and may have less access to public transport. People with disability who also have insecure housing may find it harder to access voting.
Some groups of people facing other barriers may be more likely to have disability. For example, older people are more likely to have disability and also to have lower digital skills and more social isolation.[4] People in prison are more likely to have disability, as well as face barriers resulting from their imprisonment.[5] Aboriginal people are more likely than non-Aboriginal people to have disability and can face barriers to participation from a lack of cultural safety.[6]
Other characteristics, such as age and gender, may also affect how people with disability are treated. The Committee was told that younger people with disability are more likely to report experiencing discrimination than older people with disability.[7] Women with disability are more likely to experience domestic and family violence than women without disability, which may make voting less safe for them.[8]
These combinations of challenges, together with different aspects of people’s identities, can expose people to overlapping forms of discrimination and marginalisation. This is referred to as ‘intersectionality’ and needs to be considered when designing and evaluating support for people with disability. This is discussed in Sections 3.4.5, 7.3 and 9.4.3.
The varied nature of disability means that each person will have their own particular needs and may require direct engagement to identify their individual needs.[9]
2.2.2 Some disability is hidden
I voted early because my disability makes it very painful to have to stand in line for prolonged periods. I use a cane for mobility assistance. Everyone, including election officials fall over themselves trying to look considerate to wheelchair users by ushering them to the front of the queue. These guys are already sitting down and comfortable. They would be sitting whether they are waiting or not. A walking stick user, who may well be in considerable pain after queueing up for a few minutes is expected to line up with everyone else and suffer in silence. I told an electoral official that I was in great pain from having to stand while waiting in the queue and she told me that I just had to put up with it. I was very disappointed with her lack of concern and compassion.
Source: Respondent to the Committee’s survey of voters with disability (Inquiry into the conduct of the 2022 Victorian state election).
A hidden disability is one that is not immediately obvious from looking at a person. Hidden disability can include neurodiversity, sensory or processing difficulties and chronic pain.
It may be harder for people with hidden disability to get help, especially where systems rely on staff to visually identify people with disability. It is important to have systems that provide ways for people with hidden disability to receive the assistance they need.
It is important to recognise the diversity of people with disability, including the range of physical, psychosocial, intellectual, cognitive and sensory impairments, and the consequent barriers to participation. In addition, some disability is hidden and it may not be obvious from looking at a person that they are facing barriers.
2.2.3 More work is needed to support people with intellectual and cognitive disability
Electoral systems must enable eligible people with intellectual and cognitive disability to exercise their right to vote, with appropriate support. Multiple submitters to this Inquiry raised issues related to people with intellectual and cognitive disability and the sorts of support they need.
The Committee explored this matter previously in its Inquiry into the 2022 state election.[10] In that inquiry, the Committee recommended that a framework be developed for the inclusion of people with intellectual and cognitive disability.[11] In February 2025, the Government indicated that further consideration was required on whether to implement the recommendation.[12] The Committee looks forward to further action being taken on this matter.
A key issue was the ‘unsound mind’ provision in the Victorian Constitution. This provision means that a person cannot be enrolled to vote if they are ‘incapable of understanding the nature and significance of enrolment and voting’ due to ‘being of unsound mind’.[13] Concerns were raised about this provision again during this Inquiry.[14]
The unsound mind provision is beyond the scope of this Inquiry, but the Committee reiterates its support for further work being done on this issue. The VEC has also indicated that it plans to produce a research report on the impacts of the unsound mind provision as part of implementing its Disability education and engagement plan.[15] That report may contribute to future work on this matter.
2.3 Victorian legislation, Commonwealth legislation and the United Nations’ Convention on the Rights of Persons with Disabilities
Victorian and Commonwealth legislation places obligations on the VEC to provide accessible voting options. The Electoral Act[16] is the main piece of legislation regarding state elections. It includes some provisions relating to accessibility. More generally, the Charter of Human Rights and Responsibilities,[17] the Equal Opportunity Act[18] and the Disability Discrimination Act[19] include various obligations related to people with disability.
Australia has also ratified the United Nations’ Convention on the Rights of Persons with Disabilities. This includes multiple obligations for Australia which are relevant to elections.[20] These obligations do not form part of law in Australia except where they have been specifically incorporated into legislation.[21] However, the Victorian Government has explained that, ‘In agreeing to the Convention, all levels of government agreed to work towards all people with disability enjoying equal human rights and freedoms.’[22]
2.3.1 Voting centres must be accessible
The Electoral Act, when discussing voting centres, requires the VEC to ‘ensure that electors are provided with an accessible service that facilitates the opportunity to vote’.[23]
The Victorian Charter of Human Rights and Responsibilities states that every person has the right to vote without discrimination,[24] as well as more generally to enjoy human rights without discrimination.[25] Discrimination involves treatment based on attributes protected under the Equal Opportunity Act, including disability.[26] This covers both ‘direct discrimination’ (treating a person unfavourably because of a protected attribute) and ‘indirect discrimination’ (imposing unreasonable requirements, conditions or practices that will disadvantage a person with a protected attribute).[27] As explained by the Victorian Equal Opportunity and Human Rights Commission:
Direct discrimination could occur, for example, if a person with a disability is denied access to a polling station because they have a particular disability, or if electoral staff say something detrimental about a person because they have a disability.
Indirect discrimination could occur, for example, if there are physical barriers like steps to get into a polling centre that mean some people with disability cannot enter, or if there are requirements to mark a ballot paper without appropriate adjustments for people whose disability means they cannot write with a pencil.[28]
More broadly, Victorian and Commonwealth legislation prohibits discrimination in the provision of services and in accessing premises open to the public.[29] The Equal Opportunity Act places several obligations on people providing services (including public authorities). It requires ‘reasonable adjustments’ to be made by service providers to meet the needs of people with disability.[30] It also places a positive duty on people providing services to ‘take reasonable and proportionate measures’ to eliminate discrimination ‘as far as possible.’[31] As noted by the Victorian Equal Opportunity and Human Rights Commission, there has yet to be any Australian case law on whether the VEC is considered to be providing a service to voters for the purposes of the Equal Opportunity Act, but the definition of a ‘service’ has been interpreted broadly.[32]
The Electoral Act explicitly identifies some adjustments for people with disability (such as telephone-assisted voting, electronic voting, voting outside voting centres and being a general postal voter). These are limited to particular disabilities or circumstances. The Electoral Act also allows people, if they need it, to receive assistance when voting by a person of their choice, including an election official.[33]
The Committee notes that there are limitations to what the VEC is required to do under Victorian and Commonwealth law. For example, requirements, conditions and practices which disadvantage people with disability do not constitute indirect discrimination if they are ‘reasonable’. Similarly only ‘reasonable’ adjustments are mandated.[34] While there is room for debate in terms of what is reasonable, legislation provides some criteria to be considered in making a decision, including cost, the consequences of not making an adjustment and the consequences for the service provider.[35] The Victorian Equal Opportunity and Human Rights Commission noted that the integrity of the voting process would also be a relevant consideration.[36]
These obligations are relevant to many aspects of the voting experience, including venue selection, internal and external layouts, signage, queue management, assistive technologies and accessible voting equipment.
Overall, these obligations would best be met through the accessibility-first principle that the Committee has recommended (see Section 1.4.1). With this approach, voting centres would be accessible by default. Inaccessible facilities and practices would only be used where they cannot reasonably be avoided and where not addressing the issues is reasonably justified.
The United Nations’ Convention on the Rights of Persons with Disabilities reinforces these obligations. It requires states to guarantee the right to vote for people with disability on an equal basis with others. This includes ensuring that voting procedures and facilities are accessible.[37] More generally, the Convention requires states to develop minimum standards for the accessibility of facilities and services for the public.[38]
The United Nations Committee on the Rights of Persons with Disabilities has argued that the Convention establishes a duty on states to take proactive steps to ensure people with disability can vote on an equal basis with others. That is, states have a duty to provide accessibility ‘ex ante’—they must identify and remove barriers before they cause exclusion, rather than waiting for a request from an individual.[39]
It is also important to note that the general principles underlying the Convention go beyond accessibility and non-discrimination. They include ‘Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons’.[40] This would mean taking account of the dignity and independence of people with disability when designing voting processes and making voting centres accessible.
In line with this, the Convention requires states to protect the right of people with disability to vote by secret ballot.[41] In contrast, Victoria’s Electoral Act has provisions protecting the secrecy of the vote but no general right and some permitted forms of voting involve disclosing a voter’s preferences to a support person or election official.[42] In a case brought against the Australian Government (Given v Australia), the United Nations Committee on the Rights of Persons with Disabilities formed the view that Australia is obliged to provide a way for people to vote without revealing their choices to anyone (including a support person) and that failing to do so means that Australia is not meeting its obligations under the Convention.[43] The Convention explicitly requires the use of assistive technologies ‘where appropriate’.[44]
The Committee notes that the Convention on the Rights of Persons with Disabilities outlines different expectations of accessibility and reasonably justified accommodations than Victorian and Commonwealth legislation.[45]
2.3.2 People need accessible information
Effective participation in elections also depends on access to clear and accessible information. Electoral participation cannot be genuinely equal where some voters are unable to obtain, understand or use information necessary to vote. Ensuring electoral information is accessible is therefore not merely a matter of convenience, it is necessary for equal participation.
Failing to provide information in accessible formats may constitute discrimination under Victorian or Commonwealth legislation.[46] The Victorian Government accessible communication policy also places a number of accessibility requirements on communication products from public sector bodies, including the VEC.[47] The policy is based on principles including ‘Flexibility: Provide content in multiple formats to suit diverse needs, for example Easy Read, audio, video, braille.’[48]
These obligations are relevant to the communication of information about elections and voting options. This information is important both before a person goes to vote, as well as at a voting centre.
The Convention on the Rights of Persons with Disabilities similarly requires states to make public information available in accessible formats.[49] It also requires states to accept and facilitate the use of sign language, braille and augmentative and alternative communication, along with other accessible formats.[50] The Convention explicitly indicates that materials used in voting should be accessible and easy to understand.[51]
The United Nations Committee on the Rights of Persons with Disabilities has also argued that this applies to information from candidates and parties:
It is also important that political meetings and materials used and produced by political parties or individual candidates participating in public elections are accessible. If not, persons with disabilities are deprived of their right to participate in the political process in an equal manner.[52]
2.3.3 Staff should be trained to support people with disability
The effective implementation of accessibility measures depends on the knowledge, capability and conduct of electoral staff. The Convention on the Rights of Persons with Disabilities recognises the importance of training in achieving substantive equality. It requires states to promote training for professionals and staff working with people with disability. Training should cover the rights in the Convention and accessibility issues.[53]
Staff training is also essential to achieving the obligations in legislation and the other standards set in the Convention. If staff do not understand the relevant obligations and standards, they may make inappropriate decisions that negatively impact on people with disability.
2.3.4 The VEC should ensure that it complies with legislation and meets the standards of international agreements
The VEC has recognised the rights set out in the Convention on the Rights of Persons with Disabilities and the obligations in legislation. The Electoral Commissioner told the Committee:
the right and opportunity to vote is protected at every level of our legal system. Australia signed the United Nations Convention on the Rights of Persons with Disabilities in 2007, and accessible voting centres are fundamental for ensuring every eligible voter can vote without discrimination under federal and state law, including the Victorian Charter of Human Rights and Responsibilities Act and the Disability Act. It is a crucial factor we always take into account when appointing voting locations under the Electoral Act.[54]
Table 2.1 breaks down how some of the issues discussed in this report relate to the obligations and standards outlined above. It would be prudent for the VEC to audit its compliance with the obligations set out in legislation regarding people with disability. The VEC should also identify any areas where it does not meet the expectations set out in the Convention on the Rights of Persons with Disabilities. These represent agreed standards and the VEC should reconsider any areas where it does not meet these standards. The VEC should pay particular attention to the issues in Table 2.1.
This work would help the VEC to identify areas where people with disability face barriers. The Committee encourages the VEC to make every effort to ensure that barriers to accessibility will be gradually removed. Progress should be made steadily in a systematic and continuously monitored manner, with the aim of achieving full accessibility. To support this, the VEC should conduct an analysis to identify the barriers that need to be removed and develop plans to address them.
Victorian and Commonwealth legislation contains a number of obligations regarding people with disability that are relevant to the VEC’s delivery of elections. These include ensuring that voting centres are accessible, that venues and processes do not discriminate and that reasonable adjustments are made for people with disability. Additional standards are set in the United Nations’ Convention on the Rights of Persons with Disabilities which it would be appropriate for the VEC to take into account.
That the VEC conduct an audit of its policies, decisions and processes in relation to the obligations in legislation and the standards set in international agreements with respect to voters with disability. As part of this, the VEC should identify the barriers to accessibility that need to be removed and develop a short-, mid- and long-term implementation framework of actions to address them. This should be supported by relevant data to justify accessibility-related decision-making, and recommendations for legislative change if required.