Failure to vote

Non-voter process

If you do not provide a valid and sufficient reason for not voting, you will receive the following 3 notices in accordance with section 85 of the Electoral Act 1985 and the Expiation of Offences Act 1996. The final stage is to refer the matter to the Fines Enforcement and Recovery Unit.

Note: You can provide a valid and sufficient reason at any time and you will not proceed to the next stage of the process.

Apparent failure to vote notice (First notice)

This notice is sent within 90 days following the election. It gives you the opportunity to explain why you didn’t vote, or if in fact, you did vote. It is an offence not to respond to this notice.

If your reason is accepted there is no further action.

Your response must be received by the date indicated on the notice.

Expiation notice $109 (Second notice)

You will receive an expiation notice if you do not respond to the apparent failure to vote notice, or if you don’t provide a valid and sufficient reason for not voting. The expiration notice is issued under the Expiation of Offences Act. 

The expiation amount is a $10 expiation fee for the offence and a $99 victims of crime levy.

Your options in dealing with the expiation notice are set out in the Expiation of Offences Act and are included on the reverse side of the expiation notice.

They are:

  • Pay the fine
  • Enter into a payment arrangement
  • Elect to be prosecuted (which means having the matter dealt with by a court)
  • Apply for a review of the expiation notice

You can provide a valid and sufficient reason at any time and you will not proceed to the next stage of the process.

Expiation reminder notice $180 (Third notice)

A reminder notice is issued if you fail to respond to the previous 2 notices. You will be required to pay the original fine plus a fee of $71.

Your options in dealing with the reminder notice are set out in the Expiation of Offences Act and are included on the reverse side of the notice.

They are:

  • Pay the fine
  • Enter into a payment arrangement
  • Elect to be prosecuted (which means having the matter dealt with by a court)
  • Apply for a review of the expiation notice

You can provide a valid and sufficient reason at any time and you will not proceed to the next stage of the process.

Note: All fines and fees are subject to change. These fines incorporate a victims of crime levy and other fees as per the Expiation of Offences Act.

Notice of order of enforcement

After 3 notices have been issued, the Electoral Commission SA refers the matter to the Fines Enforcement and Recovery Unit, if you:

  • fail to pay the fine, or
  • do not provide a valid reason for not voting.

The Fines Enforcement and Recovery Unit issues a notice of order of enforcement, which carries significant financial penalties in addition to the current penalties.

How to pay your fine

There are a few ways you can pay your fine prior to enforcement, these include:

You will need your expiation notice as it contains an identification number specific to you.

If you have misplaced your expiation notice you must contact the Electoral Commission SA.

Address: Level 6, 60 Light Square, Adelaide SA 5000 (Find us on the map using this link)

Postal: Electoral Commission SA, GPO Box 646, Adelaide SA 5001

Fines Enforcement and Recovery Unit

Once your fine is enforced (overdue) you must contact the Fines Enforcement and Recovery Unit as the Electoral Commission SA can no longer accept payments.

How to pay your overdue fine

The Fines Enforcement and Recovery Unit has flexible options to pay your fine.

Overdue fines can be paid:

  • online
  • via telephone
  • in person at any Australia Post office or Service SA Customer Service Centre.

You can also apply for a payment arrangement to spread your payment over a longer period.

Where a matter is not dealt with, the Fines Enforcement and Recovery Unit will apply escalating enforcement measures to recover the amount owed. These enforcements may include:

  • suspension of your driver’s license
  • deductions directly from your salary or bank account
  • clamping and impounding vehicles
  • seizing and selling assets

Contact the Fines Enforcement and Recovery Unit on 1800 659 538 or visit Fines SA.