Government 2.0 has a number of challenges in Australia and around the world - developing the appropriate public sector culture, getting the right policies and technologies in place and, often overlooked, ensuring that our laws allow for the innovative use of online channels.

The latter challenge is being faced right in the ability for Australians to enrol online to vote.

Due to the Federal election the Australian Electoral Commission (AEC) has been inundated with people wanting to enrol at the last minute. The matter of online enrolment has been raised by GetUp!'s enrolment website which states "Enrol to vote: It should be easy!". Get Up! initially attempted to provide a web-based enrolment system, however this was disallowed by the AEC.

This was also discussed in a Sydney Morning Herald article, Hitch in plan to get voters on a roll a sign of the times.

This is a clear example of how our laws have not kept pace with technology. Australia's 1918 Commonwealth Electoral Act's section 101 (1) states that people must "fill in and sign a claim". The AEC has interpreted this as meaning that a physical signature is required to enrol to vote in Australian elections.

This makes it necessary for Australians enrolling to vote 'online' to print and hand sign their forms, either hand-delivering or posting them to an Electoral Office.

In one concession to modern technology, it is possible to scan a signed form and email it to the AEC - however a photograph of the form (which is for all intents and purposes a scan) emailed to the AEC is not acceptable.

There are likely to be many other areas where our laws are not designed for a digital society - with other clear examples being our copyright and defamation laws which are struggling to cope in a world where digital copies are cheap and fast to make and private comments are publicly visible online.

Based on these legal issues, beyond the work to adjust public sector culture or simplify online engagement, one of the real tests of many governments' commitment to Gov 2.0 will be in how they adapt their laws to suit a changing society.

eGov AU

Craig Thomler's personal eGovernment thoughts and speculations from an Australian perspective