The short answer
A valid and sufficient excuse is essentially something that physically stopped you voting, or a competing public duty that pulled you away. Being too sick to get to a polling booth is the clearest example, and it is the reason most people are relying on when they read this page. What does not count is a preference: not liking the candidates, forgetting, being away without arranging a postal vote, or not getting around to it.
In Queensland, failing to vote without a valid and sufficient excuse is an offence under s 186 of the Electoral Act 1992 (Qld). The maximum penalty is 1 penalty unit, $172.70 as at 1 July 2026, but the notice you receive first will offer you the chance to pay $86.35 and end the matter. Federally the equivalent provision is s 245 of the Commonwealth Electoral Act 1918, and the amount on the notice is $20.
Whether an excuse is accepted is decided case by case, first by the electoral commission and then, if it goes that far, by a court.
If you have been sent a notice and are not sure how to respond, contact us for confidential advice.
What does the law say in Queensland?
Voting is compulsory. Section 186(1)(a) of the Electoral Act 1992 (Qld) says an elector “must not fail to vote at an election without a valid and sufficient excuse”. The maximum penalty is 1 penalty unit ($172.70 as at 1 July 2026, set by s 4 of the Penalties and Sentences Regulation 2025 (Qld)).
Two things in the section are worth knowing:
- You cannot be prosecuted unless you were first sent a notice. Section 186(3) allows a prosecution for failing to vote only where the Electoral Commission of Queensland has sent you a notice under s 134.
- Religious belief is a statutory excuse. Under s 186(2), if you believe it is part of your religious duty not to vote, that is a valid and sufficient excuse.
What counts as a “valid and sufficient excuse”?
The High Court gave examples of the phrase in 1926, in Judd v McKeon (1926) 38 CLR 380:
“Physical obstruction, whether of sickness or outside prevention, or of natural events, or accident of any kind, would certainly be recognised by law in such a case. One might also imagine cases where an intending voter on his way to the poll was diverted to save life, or to prevent crime, or to assist at some great disaster, such as a fire: in all of which cases, in my opinion, the law would recognise the competitive claims of public duty.”
The District Court in Queensland applied that reasoning in Anderson v Kerslake [2013] QDC 262, where an objection to the validity of Australian law was held not to be a valid and sufficient excuse.
So the category the courts recognise is something that physically stopped you voting, or a competing public duty. Sickness sits squarely inside it. The practical distinction is between an event that stopped you voting and a reason you chose not to, and only the first is likely to be accepted.
Is being sick a valid and sufficient excuse for not voting?
Yes, if the illness was genuinely bad enough to stop you getting to a polling booth. Sickness is the example the High Court gave first, and it is the most commonly accepted excuse in practice.
What strengthens it is evidence from the day itself rather than a description written weeks later: a medical certificate, a test result, a hospital or pharmacy record, a message to your employer. What weakens it is an illness that plainly would not have prevented a short trip to a nearby polling place, particularly where you were well enough to do other things that day.
Caring for someone else who is sick can also qualify where it genuinely tied you up for the whole day, though it is assessed on the same “did it actually stop you” basis.
What about COVID-19?
COVID-19 is treated the same way as any other illness now, which is a change from 2020 and 2021.
If you were actually unwell on election day and it stopped you leaving the house, that is the “physical obstruction, whether of sickness” the High Court described, and it stands or falls like any other sickness excuse.
If you were isolating or avoiding infection, the excuse is much weaker than it once was. When public health directions required isolation, being legally prohibited from leaving home was itself the obstruction. Those directions are gone. Postal and pre-poll voting are open to every elector, so an intention to avoid crowds on polling day is something you could plan around weeks in advance rather than something that prevented you voting.
How much is the fine for not voting?
In Queensland, $86.35 if you pay the amount offered on the notice, and up to $172.70 if the matter goes to court and you are convicted. For a federal election it is $20 on the notice, and up to $364 plus costs if you are prosecuted. All figures are as at 1 July 2026.
The two numbers get confused often, so it is worth being clear about which is which. The larger figure is the statutory maximum a court can impose, not a standard fine, and it only comes into play if you neither respond to the notice nor pay it. The smaller figure is what the electoral commission offers you to resolve the matter without any court involvement and without a conviction.
What happens after an Apparent Failure to Vote Notice?
In Queensland the notice comes from the ECQ under s 134 of the Electoral Act 1992. It gives you three practical options, and a deadline of at least 21 days from when you received it:
- Tell them you did vote, with particulars.
- Give your reason for not voting, in the form that comes with the notice.
- Pay the penalty, which under s 134(1)(a)(iii) is half a penalty unit, so $86.35 as at 1 July 2026. Section 135 then bars any proceeding against you for that election.
There is a trap in the section worth being careful about. Under s 186(5), if you do not return the form by the due date, that failure is itself evidence that you failed to vote without a valid and sufficient excuse. Ignoring the notice does not make it go away; it makes the case against you easier to prove. If you have a genuine reason, put it in writing and return it on time.
What about federal elections?
The scheme is similar but the numbers are different. Under s 245 of the Commonwealth Electoral Act 1918:
| Queensland (state) | Federal | |
|---|---|---|
| Provision | s 186 Electoral Act 1992 (Qld) | s 245 Commonwealth Electoral Act 1918 |
| Pay-out option on the notice | $86.35 (half a penalty unit) | $20 administrative penalty |
| Maximum if prosecuted | $172.70 (1 penalty unit) | $364 (1 Commonwealth penalty unit) plus costs |
| Religious duty excuse | s 186(2) | s 245(14) |
Two federal points matter. First, the offence in s 245(15) is one of strict liability, and the “valid and sufficient reason” in s 245(15B) is an exception, which means the evidential burden of raising it sits on you, not on the prosecution to disprove. Second, the $364 figure applies to offences committed on or after 1 July 2026; for earlier elections the maximum was $330. Both are maximums on prosecution, not the amount on the notice.
The AEC does not publish a list of reasons it will or will not accept, including for illness. It assesses each response on its merits, applying the same Judd v McKeon reasoning the Queensland courts apply.
Getting advice
Most of these matters are resolved by responding to the notice properly and on time, and never reach a court. If you have been prosecuted for failing to vote, or you have a reason you think should be accepted and it has been rejected, contact us for confidential advice about your options.
This article is general legal information, not advice about your situation.
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