What does 'serving a sentence of imprisonment' actually mean for voting rights?

In Plain English

If you're currently in jail or prison serving a sentence for a crime, your right to vote in Australian federal elections is affected. Specifically, if you are serving a sentence of imprisonment of 3 years or longer, you are not entitled to vote in Senate or House of Representatives elections, according to the Commonwealth Electoral Act 1918. The Commonwealth Electoral Act 1918 specifies that a person is considered to be serving a sentence of imprisonment only if they are in full-time detention for an offence against a law of the Commonwealth, a State, or a Territory, and that detention is directly because of the sentence.

Detailed Explanation

The Commonwealth Electoral Act 1918 addresses the voting rights of individuals serving a sentence of imprisonment.

• Disqualification: Subsection 93(8AA) of the Commonwealth Electoral Act 1918 explicitly states that a person "who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at any Senate election or House of Representatives election."

• Definition of 'serving a sentence of imprisonment': Subsection 4(1A) of the Commonwealth Electoral Act 1918 clarifies the meaning of "serving a sentence of imprisonment." It specifies that a person is considered to be serving a sentence of imprisonment only if:

  • The person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and
  • That detention is attributable to the sentence of imprisonment concerned.

Therefore, to summarise, a person serving a sentence of imprisonment of 3 years or longer is not entitled to vote in Australian federal elections, and 'serving a sentence of imprisonment' means being in full-time detention due to that sentence.