Electoral Commission of South Australia (ECSA) will be running the SA First Nations Local Voice to Parliament Election for all Aboriginal and Torres Strait Islander people enrolled on the electoral roll in South Australia to vote.
Sometimes things do not go okay, and you may need to make a complaint about the election. ECSA does have a complaint handing process to ensure concerns are looked into by the right people.
Feedback and complaints regarding the SA First Nations Voice Election will be handled in accordance with the Feedback and complaint Policy – SA First Nations Voice to Parliament election and can be made using the online Complaint Form.
- Online Complaint Form
- Feedback and complaint Policy – SA First Nations Voice to Parliament election (PDF 230KB)
Complaints made in relation to a person’s eligibility to participate in this election will be investigated, however the Electoral Commissioner does not have any power to remove a candidate from an election, or remove a vote from the electoral process. Any action which may be able to be taken will occur after the election. These complaints will be acknowledged but ECSA won’t be able to provide responses or updates on them.
Following the elections, electors and candidates may be able to lodge a petition with the Court of Disputed Returns to challenge the validity of an election.
What can I make a complaint about?
You can make a complaint on:
- ECSA’s services,
- Electoral material that has not been authorised as it needs to be,
- Concerns about a candidate who you do not believe is eligible to be your voice in the community,
- A voter who you do not believe is eligible to vote in this election.
What do I need to do to make a complaint?
All complaints need to be in writing. To make a complaint, visit the ECSA website ecsa.sa.gov.au or email ecsa.complaints.sa.gov.au or you can come to ECSA at level 6, 60 Light Square Adelaide.
What do I give ECSA when I send my complaint?
You will need to give us information to explain and support your complaint. For example, this could be advertising or promotional items. If you are making a complaint about a person’s eligibility to vote, you will need also need to provide information and something that gives ECSA evidence to support your complaint.
What can ECSA do?
ECSA will review and check all complaints to see what concerns people have about this SA First Nations Local Voice to Parliament election, and take action where possible.
Is my complaint confidential?
If you make a complaint, your details are not given to anyone, so your privacy and confidentiality is maintained.
Complaints about eligibility
There are specific eligibility requirements that apply to candidates and voters for this election. All candidates and voters must make a formal declaration that they are a First Nations person to participate. It is an offence under the First Nations Voice Act 2023, to make a false or misleading statement/declaration. If you are concerned about about a person’s eligibility to vote or nominate as a candidate for election, you can:
- speak to an electoral official at a polling booth; or
- make a formal complaint.
Electoral officials do not have power to:
- prevent a person who has made a declaration from voting; or
- withhold a vote from the counting and scrutiny process.
ECSA will keep a record of any eligibility concerns raised and the Electoral Commissioner may further investigate under the Act. In addition, you may be able to lodge a petition with the Court of Disputed Returns to challenge the validity of an election. This could include circumstances where there is an allegation that a person was not eligible to be a candidate.
Make a complaint in writing
- Visit the ECSA website - ecsa.sa.gov.au, or
- Email ecsa.complaints.sa.gov.au
- In-person at ECSA, Level 6. 60 Light Square, Adelaide 5000
