An Aboriginal family has filed a claim in the Federal Court against the Australian Electoral Commission, alleging they were left feeling criminalised and traumatised by the conduct of polling staff while voting in the 2023 Voice to Parliament referendum.
Barkindji Koori man Murray Benton, his brother, and their mother are bringing the claim, arguing they were accused of theft and threatened with police involvement after asserting their rights during the voting process.
The family alleges both Mr Benton's mother and brother were told by AEC staff to remove their Yes23 campaign shirts inside the polling booth. When they tried to raise concerns and lodge a formal complaint, they say they were accused of being aggressive and then threatened with police action over the alleged theft of the very form given to them to submit the complaint.
"We came to vote. We left feeling ashamed, traumatised and criminalised," Mr Benton said.
The National Justice Project (NJP) is representing the family in the case.
NJP Chief Executive, Adjunct Professor George Newhouse, said the family's experience raises serious concerns around cultural safety, racial profiling, and public humiliation by AEC staff.
"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."
Mr Benton said the lead-up to the referendum had already been emotionally difficult for many Aboriginal people, amid a wave of open racism in the media, online abuse, and widespread misinformation.
"We thought inside a polling booth would be a safe space but the incredible failure of the AEC only served to compound our hurt," he said.
The AEC told National Indigenous Times it was their standard policy not to comment on ongoing matters before the courts.
A 2023–24 report titled 'If you don't think racism exists come take a walk with us', compiled by the Call It Out project — a joint initiative of the National Justice Project and the Jumbunna Institute for Indigenous Education and Research — documented 453 reports of racism.
These included both incidents directly experienced by First Nations people and those witnessed by others.
Jumbunna Institute Director, Professor Lindon Coombes, described the Voice referendum as one of the nation's darkest periods, marked by intense and polarised public debate at the expense of First Peoples.
"Racism remains an insidious and all too common aspect of life for Indigenous people in Australia," he said.
"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."
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Visit CallItOut.com.au to make a report or download the app.
