A Jervis Bay Territory resident has lost a battle to vote in the ACT election, after a Supreme Court judge studied a map and concluded that the man did not have a legitimate claim.
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Daniel McConell launched legal action against the ACT and Commonwealth governments, seeking declarations that would allow him to be included on the ACT electoral roll and to cast a ballot.
The territory in which he lives has a complicated history, having been surrendered by NSW to the Commonwealth government in 1915 so that the ACT could have a sea port.
Under the terms of a legacy deal with the Commonwealth, the ACT's laws apply in the Jervis Bay Territory despite it being more than 200 kilometres from Canberra.
The ACT government also provides a range of services including courts, schools and welfare to the 400 or so people who live in the remote community.
And while the Jervis Bay Territory is not actually part of the ACT, its residents vote in the ACT division of Fenner at federal elections. They do not get to elect representatives at a state or territory government level.
In considering Mr McConell's recent bid to vote in the ACT poll, Justice David Mossop consulted a current map outlining boundaries for Legislative Assembly electorates.
"That map only includes areas in the ACT and does not include any area within the [Jervis Bay Territory]," the judge said on Tuesday.
"As a consequence, no address in the [Jervis Bay Territory] is within an 'electorate' for the purposes of the [ACT] Electoral Act."
Justice Mossop therefore dismissed Mr McConell's application, and reserved orders on court costs.
ACT election day is on October 17, but those eligible to vote can already cast an early ballot.
