The Tasmanian Aboriginal Legal Service has thrown its support behind the Custodial Inspector's recommendation to extend voting rights to all people in prison.
Tabled in State Parliament on Thursday, the Office of the Custodial Inspector Tasmania's Overcoming barriers to voting in prison - review report 2025, offered seven recommendations, including "minimising the disenfranchisement of Aboriginal people".
The review report concluded voting restrictions currently have "a disproportionate impact on Aboriginal and Torres Strait Islander people".
"The disenfranchisement of people in custody has a disproportionate impact on Aboriginal and Torres Strait Islander peoples given their overrepresentation in Australian prisons," the report read.
"Given the disproportionate impact on Tasmanian Aboriginal people, it is perhaps time for the Tasmanian Parliament to review the extent of the restriction on people in custody's right to vote in state and local elections."
Following the report's tabling, Tasmanian Aboriginal Legal Service CEO Jake Smith called for voting rights to be extended to all people in prison.
The Tasmanian Electoral Act currently allows only individuals serving sentences of three years or less to vote.
"The Commonwealth Electoral Act also states that a person serving a sentence of 3 years or longer is not entitled to vote," Mr Smith said.
"Every person in this country should have the right to vote – that fundamental right should not be taken away because someone is in prison.
"With the Federal Election just weeks away, it is crucial that we consider who is being excluded from democratic participation."
According to 2021 Census figures, more than 23 per cent of the Tasmanian prison population is Indigenous despite Aboriginal and Torres Strait Islander people representing 5.4 per cent of Tasmania's population.
The disproportionate impact of incarcerated Indigenous peoples' voting rights also extends nationally, with Aboriginal and Torres Strait Islander people representing 36 per cent of all people in custody as of 30 June 2024 despite representing just 3.2 per cent of the Australian population.
Mr Smith said current electoral laws disproportionately impact Aboriginal people, both in Tasmania and across the country.
"Everyone deserves the right to have a say on decisions that impact them," the Palawa man said.
"Decisions made at both state and federal levels - by political parties, ministers, and governments - deeply affect the lives of people in prison."
The report acknowledged legislation currently restricts Aboriginal people's "right to participate fully in the political life".
"It is concerning, given the overrepresentation of Aboriginal people in custody, that Aboriginal people are more likely to be impacted by this disenfranchisement than the rest of the population despite their right to participate fully in political and social life," the report read.
The report recommended the Tasmanian Parliament consider making all people in custody eligible to vote with the purpose of "minimising the disenfranchisement of Aboriginal people," and "avoiding the imposition of an additional punishment on top of a sentence of imprisonment".
Mr Smith said people in prison have children, partners and families who are also impacted by the laws and policies that are made by governments.
"It's unjust, and it's time these Acts were amended. Everyone deserves the right to have a say in the decisions that shape their lives," he said.