The Australian Electoral Commission ('AEC') is an independent body that oversees federal elections and referendums in Australia. It ensures the electoral system is fair through effective management of the Electoral Roll, smooth delivery of polling services, and educational programs. People and organisations can make complaints to the AEC about various offences, including those involving election officers, scrutineers, electors, and any other individuals involved in the electoral process.
What types of complaints can you make?
Some common complaint types include:
Offences applying to officers
- Improper sharing of voting details: You can make a complaint if an officer or scrutineer improperly shares any details about an elector's vote that could lead to identifying the voter.
- Displaying badges or emblems in polling booths: You can make a complaint if you notice an officer or scrutineer wearing or displaying any badges or emblems associated with a candidate or political party inside a polling booth.
Offences applying to scrutineers
- Influencing or communicating with voters at pre-poll voting offices: You can make a complaint if a scrutineer interferes with voters or attempts to influence them within a pre-poll voting office. Scrutineers must only communicate when necessary for their duties.
- Influencing or communicating with voters in polling booths: You can make a complaint if a scrutineer tries to influence voters or engages in unnecessary communication inside polling booths.
Offences applying to electors
- Compulsory enrolment: You can make a complaint if an eligible person does not enrol or update their address on the electoral roll within 21 days.
- Compulsory voting: You can make a complaint if an elector does not vote without a valid reason.
- Multiple voting: You can make a complaint if an individual votes more than once in the same election.
Offences applying to any person
- Compulsory enrolment: You can make a complaint if an eligible person does not enrol or update their address on the electoral roll within 21 days.
- Obligations of persons present when pre-poll vote cast: You can make a complaint if someone interferes with an elector's voting process or communicates with them about their vote while they are casting a pre-poll vote.
- Influencing the votes of hospital patients or residents of nursing homes: You can make a complaint if a hospital or nursing home staff member tries to influence the voting decisions of patients or residents.
- Bribery: You can make a complaint if someone offers or accepts any benefit in exchange for their vote or the vote of others.
- Interference with political liberty: You can make a complaint if someone obstructs or interferes with another's free exercise of their political rights, including using violence, harassment, or discrimination.
- Misleading or deceptive publications: You can make a complaint if someone publishes or distributes content during an election period that could mislead or deceive voters about how to cast their votes.
- Making false statements to voters about enrolment: You can make a complaint if someone makes false or misleading statements to a voter about their enrolment status.
- Leaving how-to-vote cards in polling booths: You can make a complaint if you find any unauthorised how-to-vote cards or instructions inside a polling booth.
- Unlawfully marking ballot papers: You can make a complaint if someone marks or writes on another elector's ballot paper without permission.
- General offences in relation to ballot papers: You can make a complaint if someone impersonates another voter, votes more than once, or unlawfully interferes with ballot boxes or papers.
- Canvassing near polling booths and pre-poll voting places: You can make a complaint if someone canvasses for votes, solicits votes, or displays election-related signs within six metres of a polling booth or pre-poll voting place.
- Behaviour at polling booths: You can make a complaint if someone commits misconduct, disobeys lawful directions, or remains in a polling booth without proper authorisation.
Other offences
AEC Staff: You can make a complaint about AEC services, processes, or programs, or if you believe the AEC has not met expected service quality or timeliness. You can also complain about political parties, candidates, or certain electoral communications.
Jurisdiction:
The AEC can investigate complaints about conduct within Australia or connected to an Australian federal election or referendum.
Time Limitations:
General complaints do not have a time limit, but legal, fraud, or privacy complaints may have specific time limits imposed by law.
The AEC will not deal with complaints about:
- Complaints outside its legislative or administrative authority.
- Matters involving compulsory enrolment and voting.
- Issues related to state and territory electoral commissions.
- Truth in electoral advertising, except for misleading information about voting processes.
- Constitutional or legal advice requests.
- Frivolous or vexatious complaints.
- Unsolicited text messages under the Commonwealth Electoral Act 1918 (Cth).
- The political content of electoral communications, although it ensures legal authorisation and debunks false information.
Exercise of discretion:
The AEC may choose not to respond to complaints that are abusive, discriminatory, obscene, or threaten violence or harm.
Who can you make a complaint against?
You can make a complaint against:
- AEC Staff: You can make a complaint against an AEC staff member or scrutineer if you believe they have breached their duty to uphold electoral integrity and impartiality. However, the AEC protects its staff from hostile or abusive content and personal attacks, and may stop communicating with individuals who threaten staff members.
- Political Parties, Electoral Candidates, Members of Parliament & Senators You can make a complaint against political parties, candidates, members of Parliament, or Senators if you believe they have:
- Failed to disclose funding or gifts received or given
- Misused information on the Electoral Roll
- Accepted restricted foreign donations
- Misused postal vote information or postal vote papers
- Published or distributed misleading or deceptive information about an election or referendum
Are you eligible to make a complaint?
Who can make a complaint?
Any individual, group, or organisation can make a complaint to the AEC.
Before you lodge a complaint:
There are no steps that need to be made before making a complaint with the AEC.
Can complaints be made on behalf of someone?
If you need assistance submitting a complaint, contact the AEC for information.
Additional information:
The AEC and Commonwealth Ombudsman services are free. You do not need a lawyer for the complaint process, but you can seek legal advice at any time. Complainants may withdraw their complaints at any stage during the process, but the AEC may choose to continue to investigate the complaint.
What can this body do to help?
This body may provide:
- Injunctions: An injunction is a court order that can either restrain a person from beginning or continuing an action (negative injunction) or compel a person to carry out a certain action (positive injunction). Failure to comply with an injunction order may constitute contempt of court.
- Enforceable Undertakings: The AEC may accept an enforceable undertaking, which is a legally binding agreement obliging the person to carry out specific activities outlined in the agreement, as an alternative to court proceedings.
- Pecuniary Penalty: The Electoral Commissioner may apply to a relevant court for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty.
How to prepare your complaint
Format:
Complaints can be made to the AEC:
- Online using the AEC's online complaint form: here
- Calling the AEC on 13 23 26
- Posting a written complaint to the AEC: The Chief Legal Officer Australian Electoral Commission, Locked Bag 4007 Canberra ACT 2601
Note: The AEC's social media accounts are not platforms for lodging complaints.
Personal Details:
You can choose to lodge your complaint anonymously, but this may limit the AEC's ability to investigate and respond. If providing personal information, include:
- First and last name
- Phone number
- Email address and/or postal address
For groups or organisations:
- Name of the group/organisation
- Group/organisation phone number
- Group/organisation address
Respondent’s Details:
If your complaint is about an AEC staff member or scrutineer, include their first and last name if known. For general complaints about the AEC, the AEC will be the respondent.
Relevant Facts:
Provide as much information as possible, including:
- Clear description of the issue
- Description of the conduct concerned
- Relevant documents (originals if possible)
- Information about the issue: dates, times, locations, names/positions of staff dealt with, and any reference numbers
- Outline the outcome or resolution you are seeking
What NOT to include:
- False or misleading information
- Repeated information
- Abusive, inappropriate, or harassing language
Additional information:
Complaints lacking evidence may not be investigated. The AEC generally addresses complaints when in doubt.
Lodging your complaint and next steps:
Where to lodge your complaint:
- Online Form: here
- Post: The Chief Legal Officer Australian Electoral Commission, Locked Bag 4007 Canberra ACT 2601
- Telephone:
- Within Australia: 13 23 26 (local call rate)
- From Overseas: +612 6160 2600 (international call charges apply)
- For assistance, hearing or speech impairments: 13 23 26
- In Person: Contact your local AEC divisional office.
Acknowledgement of Complaint:
The AEC aims to acknowledge your complaint within 5 working days. Complaints will be acknowledged in the same way they were received (online or by mail).
Assessment of Complaint:
The complaint will be assessed based on:
- AEC's area of responsibility
- Urgency/seriousness of the complaint
- Complexity of the complaint
- Whether the complaint is clear or 'frivolous' and 'vexatious'
Details of the complaint must be recorded by the AEC.
Resolve Complaint:
The time taken to resolve, investigate, or review a complaint depends on its nature and complexity. Complex complaints or those with legal constraints may take longer than 10 working days, and the AEC will inform you if a revised timeframe is needed.
Communicate Resolution of Complaint:
Upon completion, the outcome is communicated to the complainant, including advice on alternative courses or internal/external review.
Additional Information:
Provide all relevant information and documentation upon initial complaint submission. Update the AEC about any changes affecting your complaint, including resolution. Keep a copy of your complaint for your reference.
More information:
Refer to the factsheet provided below for more information.
