Postal Address
G.P.O.	Box 646
ADELAIDE SA. 5001
DX No.442 Adelaide

7 February 2000
134 Fullarton Road
(cnr Kensington Road)
Rose Park SA 5067

Telephone: 61 88401 4300  Facsimile: 61 88401 4333

SOUTH AUSTRALIA STATE ELECTORAL OFFICE

The Acting Disability Discrimination Commissioner
Disability Rights Unit
Human Rights and Equal Opportunity Commission
GPO BOX 5218
SYDNEY 1042

Dear Acting Commissioner

Re: Accessibility of election procedures to people with disabilities

The South Australian Electoral Commissioner is responsible for the administration and conduct of South Australian State parliamentary elections and is the returning officer for all local government elections in this State. Industrial and statutory ballots may also be conducted. The State Electoral Office (SEO) is the administrative unit which provides the electoral services needed.

1. Access to information about the electoral process

1.1	State elections [Electoral Act 1985, Regulations under the Act]

The SEO has an ongoing program for education and information on electoral processes and procedures using print and electronic mediums. The SEO/Australian Electoral Commission jointly fund an Electoral Education Centre which is accessible, centrally located, fully resourced with a combination of interactive displays, electoral materials and staff able to run ballots, provide information etc. It also maintains a community outreach program to facilitate access to minority and disadvantaged groups.

In addition, for State electoral events, the SEO provides election related material for hand-outs, ballot material mail-outs, the media, TV, radio, households, ethnic and other special interest organisations, and the website. It runs an elector enquiry service for both State and local government elections.

1.2	Local government elections [Local Government Act 1999, Local Government (Elections) Act and Regulations under the Act 1999, City ofAdelaide Act 1998]

Responsibility for advertising and publicity for the elections lies with the councils. They engage the Local Government Association of South Australia which utilises mostly print and radio mediums for enrolment and participation promotion. Postal ballot packs contain ballot-papers, return envelopes and a voting guide (including a referral in 12 languages to councils for more comprehensive access to translated voting instructions).

1.3	Statutory and industrial elections

Advertising and publicity is the responsibility of the organisation employing the services of the office. Instructions cover postal and/or attendance voting.

Clarity of language, format, are basic requirements of electoral and voting information including ballot material design.  Electoral officials are briefed to assist electors with advice about the electoral processes and indicate further sources of information. All voting materials issued by post are accompanied by instructions as to completion and return, with contact details for further assistance if needed.

2  Physical access to polling booths
2.1	State elections

At the last elections in 11 October 1997 slightly more than 85% of voters attended a polling booth. 436 booths (65.4%) were noted as being wheelchair accessible, up by 4.1% on 1993. Venues for polling booths are continually being assessed for size, ability to accommodate voter flow, lighting, ventilation, proximity to boundaries, shopping and parking facilities etc. Most are located on school premises, in community halls or the like and as these are increasingly adapted to accommodate the needs of the physically disadvantaged, more acceptable access is being provided.

The Electoral Commissioner can include electors with a physical disability on the register of declaration voters electors - voters who are automatically sent ballot materials by post when they become available. Around 20% of electors on the register are accepted for this reason.

At the 1997 elections, 3.8 % of electors voting did so by post. An elector with difficulties getting to a polling booth on polling day due to illness, infirmity, disability (or caring for a person with these conditions), advanced pregnancy, remoteness, travel, work or religious beliefs can apply for ballot-papers to be issued by post.

2.2	Local government elections

The May 2000 periodic elections are being conducted entirely by postal voting. Attendance voting may be approved by the Electoral Commissioner if voter participation is traditionally high with this method. In these instances, ease of voter access would be a criteria examined when determining booth location(s).

For State and local government elections there is provision for the personal delivery of voting material and electoral visitation to a number of declared institutions (corrective establishments, nursing homes, hostels, hospitals and some independent living units) where many residents have mobility or sensory problems. This option will not be used for the May 2000 local government elections as they will be conducted by post.

2.3	Statutory and industrial elections
These are normally conducted by postal ballot. Should attendance voting be implemented the same consideration as in 2.2 would be given to access.

3  Access to the voting process by people with vision, literacy and cognitive disabilities
3.1	State elections

As already stated all materials are produced in a format and style which, as far as possible, are intended to be user friendly ie easily read, comprehensible, directed to the appropriate audience. Material is regularly reviewed for clarity and feedback is obtained from interested organisations eg vision impaired organisations in 1997 were asked to give advice on print colour pantones used for upper house ballot-papers. Radio for the visually impaired and encrypted messages for the hearing impaired are used to reach electors with these disabilities.

The Act allows voters in the polling booth and those completing a declaration vote to be assisted eg for interpretation or marking of the ballot-paper.

It should be noted that a restriction to enrolment for federal and State elections is that a person should be of 'sound mind'. The State House of Assembly roll is a major component of the local government voters roll.

3.2	Local government elections

There is also a statutory provision in the Local Government Elections Act 1999 (the SEO contributed to the drafting of the new legislation) for assistance to be given to electors with literacy or physical difficulties.

3.3	Statutory and industrial elections

Access to the eligible electorate is the responsibility of the organisation employing SEO services. All voting material is designed to be understood by the elector. Should the SEO conduct an election where access to the process by people with disabilities seemed of more than usual importance, it would certainly ascertain, prior to the poll being conducted, any special arrangements that might be needed to facilitate access and pre-empt potential grounds for discrimination. The office is in the process of conducting its first bi-lingual election with voting materials produced in English and Khmer.

4  General

I might add that an ongoing goal of the office is to ensure that the means for voting for remote, culturally diverse, language disadvantaged and disabled electors are accepted as equitable. Enabling the voices of the people (all people) to be heard in the democratic processes is an important aspect of the operations for this agency.

Yours sincerely

SH Tully
 Electoral Commissioner