An Aboriginal family has filed a Federal Court claim against the Australian Electoral Commission (AEC) following traumatic events at a polling booth during the 14 October 2023 Voice Referendum.
Barkindji Koori man Murray Benton has lodged the complaint along with his mother and brother who were accused of theft and threatened with police for asserting their rights.
“We came to vote. We left feeling ashamed, traumatised and criminalised.”
“The lead up to the Voice Referendum was already a painful experience for many Aboriginal people as we dealt with heightened racism and ugly public debate. We thought inside a polling booth would be a safe space but the incredible failure of the AEC only served to compound our hurt,” Mr Benton said.
On voting day, Mr Benton’s mother and brother were told to remove their Yes23 shirts in front of electoral staff to vote. While they were attempting to seek support and lodge a complaint about their experience they were threatened with police and accused of aggression and theft of the form given to them to complain.
National Justice Project CEO Adjunct Professor George Newhouse said the family’s claim highlights serious failures in cultural safety, alleged racial profiling, and public humiliation by AEC officers.
“Aboriginal and Torres Strait Islander peoples fought for decades to vote. This right must be respected and not policed,” Professor Newhouse said.
“Polling places must be culturally safe, inclusive, and free from intimidation. The AEC must be held accountable for this appalling treatment and they should commit to mandatory cultural safety training for all AEC staff and safeguards to prevent this from this happening again,” he said.
The Voice Referendum saw an increase in reports to the Call It Out First Nations Racism Register run by the National Justice Project and the Jumbunna Institute for Indigenous Education and Research.
It’s 2023-2024 report ‘If you don’t think racism exists come take a walk with us’ included 453 reports made by people witnessing racism as well as First Nations people who directly experienced it. A number of complaints were made to Call It Out about the Voice Referendum voting day involving both members of the public and officials at various polling sites.
Jumbunna Institute Director Professor Lindon Coombes, describes the Voice referendum as one of our darkest moments which sparked significant and highly polarised public debate.
“Racism remains an insidious and all too common aspect of life for Indigenous people in Australia. This racism plays out in our institutions and systems of governance. We would urge anyone who experienced this while trying to vote during the Voice referendum, or any other recent election, to come forward and make a report to Call It Out,” he said.
Visit CallItOut.com.au to make a report or download the app.
Media contact media@justice.org.au
Media Coverage
- Aboriginal family takes AEC to court over alleged discrimination at Voice referendum polling booth
National Indigenous Times, 2 July 2025
