The Australian Electoral Commission ('AEC') is an impartial and independent statutory authority responsible for conducting federal elections and referendums. The AEC's purpose is to maintain an impartial electoral system through active Electoral Roll management, efficient delivery of polling services, and targeted education and public awareness programs.
What types of complaints can you make?
Some common complaint types include:
General Complaints
- Service Delivery Issues: Concerns about the quality, efficiency, or accessibility of AEC service
- Staff Conduct: Reports of unprofessional behaviour or misconduct by AEC personnel
- Communication and Information: Issues related to the clarity, accuracy, or timeliness of information provided by the AEC.
- Accessibility: Challenges faced by individuals with disabilities or those requiring special assistance in accessing AEC services.
Legal Complaints
- Electoral Offences: Electoral offences refer to actions that violate the laws governing elections, such as the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. These laws cover various election-related activities to ensure fairness and transparency. Breaches can include things like improperly influencing voters, failing to follow campaign guidelines, or other unlawful actions during an election or referendum.
- Unauthorised Electoral Communications: Unauthorised electoral communications are materials (like flyers, ads, or social media posts) related to elections that do not disclose who produced or authorised them. Australian election laws require all campaign materials to be clear about their source so voters know who is behind the message.
- Misleading or Deceptive Publications: Dissemination of information intended to mislead voters about the voting process.
- Foreign Interference: Involvement of foreign entities or individuals in Australian electoral matters.
- Campaign Finance Violations: Campaign finance violations are when the rules around political donations and spending are not followed. These rules are meant to ensure transparency about who is financially supporting candidates and how much money is being spent on campaigns.Violations include not disclosing donations, accepting illegal donations, or failing to report spending accurately.
Fraud Complaints
- Electoral Fraud: Electoral fraud involves intentional acts to cheat or interfere with the electoral process. This can include voting more than once, tampering with ballots, or registering to vote using false information. Electoral fraud undermines the fairness of elections.
- Multiple Voting: Instances where an individual votes more than once in the same election.
- False Enrolment: Providing incorrect information to enrol in a division where the individual is not entitled to vote.
- Tampering with Ballot Papers:Unauthorised handling, alteration, or destruction of ballot papers.
Privacy Complaints
- Data Breaches: Unauthorised access, disclosure, or loss of personal information held by the AEC.
- Misuse of Personal Information: Improper use of individuals' data contrary to the Privacy Act 1988 or the Australian Privacy Principles.
- Inaccurate Records: Maintenance of incorrect personal information on the electoral roll or other AEC records.
Procurement Complaints
- Tender Processes: Concerns about the fairness, transparency, or compliance of AEC's procurement activities.
- Contract Management: Issues related to the execution, monitoring, or fulfilment of contracts awarded by the AEC.
- Supplier Conduct: Complaints regarding the behaviour or performance of vendors engaged by the AEC.
External Complaints
- Third-Party Conduct: Reports concerning individuals or organisations outside the AEC's control, such as political parties or candidates.
- Unlawful Advertising: Distribution of electoral advertisements that do not comply with legal requirements.
- Improper Influence: Attempts by external entities to unduly influence voters or the electoral process.
Accessibility and Inclusion Complaints
- Voter Assistance: Challenges faced by voters requiring assistance due to language barriers, disabilities, or other factors.
- Polling Place Accessibility: Physical or logistical barriers preventing equitable access to polling stations.
Technological Complaints
- Electronic Voting Systems: Issues related to the functionality, security, or reliability of electronic voting platforms.
- Website and Online Services: Difficulties accessing or navigating the AEC’s digital resources.
Policy and Procedure Complaints
- Electoral Policies: Concerns about the formulation, implementation, or impact of AEC policies.
- Procedural Fairness: Procedural fairness means that the AEC’s procedures are applied impartially, ensuring everyone is treated equally. Complaints about procedural fairness often involve situations where people feel they were treated differently or unfairly due to bias in the process. The AEC must follow fair procedures for actions such as assessing voter eligibility, handling complaints, or allocating resources at polling stations.
Environmental and Occupational Health Complaints
- Polling Place Conditions: Reports of unsafe or unsuitable conditions at voting centres.
- Staff Welfare: Concerns about the health, safety, or well-being of AEC staff and volunteers during electoral events.
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:
- State or Territory Election Issues: These fall under state or territory electoral commissions rather than the AEC.
- Government Policies and Legislation: The AEC does not handle complaints about laws passed by the government, political party policies, or campaign promises.
- Criminal Offences Outside Electoral Law: Matters that fall outside electoral offences (e.g., assault or threats at polling stations) should be reported to the police rather than the AEC.
- Third-Party Social Media Issues: Complaints about misinformation or unauthorised content on social media may be better directed to the platform or other regulatory bodies unless they directly impact the federal electoral process.
Exercise of discretion:
The AEC has discretion in both accepting and handling complaints, focusing on those that fall within its statutory responsibilities. This means the AEC can decide whether to investigate a complaint based on:
- Relevance to Federal Election Law: If a complaint involves a breach of federal electoral law or is likely to impact the integrity of the electoral process, it is more likely to be addressed.
- Severity and Scope: Complaints involving fraud, significant breaches, or actions that could compromise election integrity are prioritised.
- Available Evidence: Complaints with sufficient evidence or credible reports are more likely to lead to action.
- Resource Availability: The AEC may consider resource constraints and prioritise high-impact cases.
Who can you make a complaint against?
You can make a complaint against:
- AEC Staff or Representatives
- Political Candidates
- Political Parties
- Third-Party Organisations or Groups
- Foreign Entities or Individuals
- Media Outlets and Social Media Platforms
- AEC Contractors and Vendors
- Other Voters
- Polling Place Staff or Volunteers
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?
Yes, complaints can be made on behalf of another person if they are unable to submit the complaint themselves. Common representatives include:
- Family members or friends acting on behalf of someone who may have accessibility barriers
- Legal representatives or advocates who are authorised to act on behalf of their clients
- Support workers or guardians in cases where individuals are unable to lodge complaints independently due to disability, language barriers, or other reasons
If making a complaint on someone’s behalf, you may need to provide proof of authorisation or consent from the person you are representing.
Additional information:
- Confidentiality: The AEC respects the confidentiality of complainants, especially insensitive cases. Personal information is handled in accordance with the Privacy Act 1988 and Australian Privacy Principles.
- Response Times: The AEC aims to respond to complaints as promptly as possible, but response times may vary depending on the complexity and type of complaint.
What can this body do to help?
This body may provide:
- Investigation and Resolution
- Correction of Information
- Removal of Unauthorised Material
- Referral to Law Enforcement or Regulatory Bodies
- Educational Outreach and Public Advisories
- Amendments to Electoral Roll
- Policy Review and Procedural Improvements
- Apologies and Explanations
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.
