Disqualification from voting due to receiving charitable aid 1858-1928
Many Aboriginal people were forced to live on government-managed stations and reserves. They were often considered to be legally disqualified from voting because they were in receipt of charitable aid.
From 1858 to 1902, every person in NSW who was ‘in the receipt of aid from any charitable institution’ was disqualified from voting (), (), ().
From 1902, the Parliamentary Electorates and Elections Act 1902 (NSW) () allowed people in receipt of charitable aid to vote, but only if that aid was for treatment for an accident or disease at a hospital.
These laws impacted Aboriginal people because many lived on stations or reserves under the direction of the Aborigines Protection Board. As a result, they were frequently considered to be in receipt of charitable aid.
In 1918, when asked in Parliament if Aboriginal people in some electorates were enrolled to vote, the Acting Premier responded, ‘Yes’ but that ‘in many cases aborigines come within the provisions of section 20(3)(b) of the Parliamentary Electorates and Elections Act as being in receipt of aid from some public charitable institution and are thus debarred from voting’ ().
This view reflected the NSW Crown Solicitor’s advice to the Aborigines Protection Board years earlier: ‘aborigines … in receipt of rations and other assistance at the time of making out the lists, or the holding of an election, cannot vote’ ().
Similarly, the Select Committee on Voting Rights of Aborigines found that ‘all aborigines living on Stations and Reserves were in receipt of aid and therefore not entitled to be enrolled' ().
In 1928 the charitable aid disqualification was removed in its entirety by the Parliamentary Electorates and Elections (Amendment) Act 1928 No.55 (NSW) ().