Vol. 149 No. 15
Section 2(a) states:
. . . . .
"(1A) Each local authority shall, in making a scheme under this section, endeavour to appoint as polling places only such areas as shall allow the returning officer to provide at each polling place at least one polling station which is accessible to wheelchair users.",
What is the relationship between the local authority and the returning officer?
The returning officer has the statutory authority to conduct elections and the local authority must consult with them in making polling schemes. The returning officer is independent in carrying out his or her functions at elections and absolute power and responsibility rests with them.
I understand section 3(2) (a) which states:
. . . . .
"(1A) The returning officer shall, where practicable, provide polling stations which are accessible to wheelchair users.",
I do not understand section 3(1) (b) which states:
. . . . .
"(3A) The returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before polling day.",
Why should there be great difficulty about giving notice? I hope it would be the exception.
The words "where practicable" are contained in a number of sections in the Bill because in small towns and villages it may not be possible to provide a suitable building. If a decision were made to take a polling station out of a village or area, there would be a reaction to put it mildly. Unless the building is very bad and inaccessible, the returning officer must locate a polling station in the area or village.
It is not the building I am concerned about but giving eight days' advance notice. Why might it be impossible to give notice?
May be the returning officer might have difficulty in finding a building in the time allowed.
Why would he give notice about buildings which are available? The subsection refers to polling stations which are inaccessible. If they are inaccessible eight days in advance, presumably they will be inaccessible on polling day unless some heroic effort is made in the meantime. "The returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before polling day,". Was "inaccessible" meant to be "accessible"?
If the polling station is inaccessible and an accessible one cannot be found, shorter notice must be given because of the efforts of the returning officer to find an accessible location.
I defer to the professionals on this. I am still puzzled. This subsection is about notification, not about buildings. That is how I read it but I may misunderstand it.
I support the Minister. The section is straightforward. It states, "The returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before polling day". Does the Senator has a problem with the number of days? I, too, ask why eight days? Why not ten days?
The reply given by the Minister satisfied me on the first question where I was concerned that the local authority and returning officer would work together with the returning officer having a certain amount of power. However, I cannot understand why it is stated that notice must be given of inaccessible polling stations. It must be assumed that disabled people confined to wheelchairs exercise their voting rights. If notice is given that polling stations are inaccessible, what alternative is provided?
It is the practicability of giving notice which is the issue to me, not the building.
If electors want to change polling stations or areas, they must give seven days' notice. The minimum number of days required to effect that change is eight. This section provides for an elector to be informed that a polling station is inaccessible so that he or she can then change to another station to exercise their franchise.
The point Senator Lee makes is interesting. If the two words "where practicable" were left out, the subsection would make sense because it would then state: "The returning officer shall give public notice of all polling stations which are inaccessible to wheelchair users no later than the eighth day before polling day". The two words "where practicable" confuse the issue slightly. That is the point Senator Lee makes. We are in the hands of the experts on this whose opinion I always accept.
When is it proposed to sit again?
Tomorrow at 10.30 a.m.
