❓ Mr. Love questions the Minister for Electoral Affairs about a significant discrepancy between the budgeted and actual number of penalty notices issued after the state election. The Minister explains the process for issuing and resolving penalty notices for apparent non-voters, highlighting opportunities for electors to provide valid reasons for not voting.
AnsweredQoN 423Legislative Assembly
QuestionView source ↗
2025 state election—Penalty notices
423. Mr Shane Love to
the Minister for Electoral Affairs:
I refer to evidence
given during budget estimates in the other place that since the state election
173,000 penalty notices have been issued, valued at $8 million. That is over
eight times the figure forecast in the state budget.
(1) Can the minister explain the massive
discrepancy between the budget estimate and the number of penalty notices
actually issued?
(2) Can the minister categorically guarantee that
no Western Australian has been fined because of failures by the WA Electoral
Commission, including because of ballot paper shortages, electors not being
properly marked off the roll by inadequately trained staff or voters being
turned away due to long queues and polling places closing early?
423. Mr Shane Love to
the Minister for Electoral Affairs:
I refer to evidence
given during budget estimates in the other place that since the state election
173,000 penalty notices have been issued, valued at $8 million. That is over
eight times the figure forecast in the state budget.
(1) Can the minister explain the massive
discrepancy between the budget estimate and the number of penalty notices
actually issued?
(2) Can the minister categorically guarantee that
no Western Australian has been fined because of failures by the WA Electoral
Commission, including because of ballot paper shortages, electors not being
properly marked off the roll by inadequately trained staff or voters being
turned away due to long queues and polling places closing early?
AnswerView source ↗
(1)–(2) The member—
Mr Shane Love: You're
all prepared.
Mr David Michael: Sorry?
Mr Shane Love: You're
all prepared. That's good.
Mr David Michael: I am always prepared, member.
The Electoral Act 1907 , as I am sure the member
knows, requires the Electoral Commissioner to send a penalty notice to each
elector who does not appear to have voted. However, the commissioner is
empowered to withdraw a notice if an elector provides the commissioner with a
valid and sufficient reason for not voting. A commonsense approach has been
taken to responses received to a penalty notice. If a voter believes that they
did vote or if they had a valid excuse for not voting, they should follow the
instructions in the penalty notice and contact the WA Electoral Commission to
resolve the notice. Anyone receiving a notice has had, and continues to have, a
number of opportunities to respond before a fine needs to be paid. The member
would be interested to know that 55% of potential infringements have already
been closed; that is, they either have been validated and have not received a
fine or they have paid their fine. The processing of payments and reasons will
continue for the remainder of this year, in line with legislative requirements—it
is what happens at every election.
The turnout for the
state election was around 85%. Around 275,000 electors became apparent non-voters.
Preliminary processing reduced that amount by 102,000. About 173,000 penalty notices
were required to be sent under the legislation to those apparent non-voters
seeking an explanation for why they appear not to have voted. Again, those
notices give an opportunity, which a lot of people have taken up, to explain
whether they were away, sick or, in those cases when there were issues at
polling booths that we all know about, they can provide a time they were in a
queue for too long or whether there was a ballot paper shortfall. The Electoral
Commissioner and his team will work through each of
those responses, and if they can be verified, as I said, a commonsense approach is being taken.
Mr Shane Love: You're
all prepared.
Mr David Michael: Sorry?
Mr Shane Love: You're
all prepared. That's good.
Mr David Michael: I am always prepared, member.
The Electoral Act 1907 , as I am sure the member
knows, requires the Electoral Commissioner to send a penalty notice to each
elector who does not appear to have voted. However, the commissioner is
empowered to withdraw a notice if an elector provides the commissioner with a
valid and sufficient reason for not voting. A commonsense approach has been
taken to responses received to a penalty notice. If a voter believes that they
did vote or if they had a valid excuse for not voting, they should follow the
instructions in the penalty notice and contact the WA Electoral Commission to
resolve the notice. Anyone receiving a notice has had, and continues to have, a
number of opportunities to respond before a fine needs to be paid. The member
would be interested to know that 55% of potential infringements have already
been closed; that is, they either have been validated and have not received a
fine or they have paid their fine. The processing of payments and reasons will
continue for the remainder of this year, in line with legislative requirements—it
is what happens at every election.
The turnout for the
state election was around 85%. Around 275,000 electors became apparent non-voters.
Preliminary processing reduced that amount by 102,000. About 173,000 penalty notices
were required to be sent under the legislation to those apparent non-voters
seeking an explanation for why they appear not to have voted. Again, those
notices give an opportunity, which a lot of people have taken up, to explain
whether they were away, sick or, in those cases when there were issues at
polling booths that we all know about, they can provide a time they were in a
queue for too long or whether there was a ballot paper shortfall. The Electoral
Commissioner and his team will work through each of
those responses, and if they can be verified, as I said, a commonsense approach is being taken.
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