New South Wales: Electoral Act 2017 (NSW)

Electoral Act 2017 No 66 An Act to make provision with respect to the election of members of Parliament; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Electoral Act 2017. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Objects of Act The objects of this Act are as follows— (a) to constitute an independent Electoral Commission for New South Wales and to provide for the appointment of an independent Electoral Commissioner for New South Wales, (b) to promote and maintain an electoral system characterised by accessibility, integrity and fairness that provides for the election of members of Parliament of New South Wales in accordance with the Constitution Act 1902, (c) to provide for a fair and transparent process for the distribution of New South Wales into electoral districts for elections for the Legislative Assembly, (d) to facilitate and protect the integrity of representative government in New South Wales, (e) to enable the citizens of New South Wales to participate freely in fair and transparent electoral processes, (f) to facilitate the fair and transparent conduct of elections in New South Wales, (g) to provide guidance to members of Parliament, parties, groups and candidates in relation to their rights, responsibilities and obligations in relation to the conduct of elections under this Act. 4 Definitions (1) In this Act— abbreviation, in relation to the name of a party, includes an alternative name of the party. address, of an individual—see subsection (3). approved means approved by the Electoral Commissioner. Assembly means the Legislative Assembly of New South Wales. Assembly general election means the election held for members of the Assembly next following the dissolution or expiry of the Assembly. authorised roll, for an election, means the roll prepared for the election under Division 6 of Part 5. ballot counting place means a place appointed by the Electoral Commissioner for the counting of ballot papers under section 163. by-election means an election held for the return of a member of the Assembly other than in connection with an Assembly general election. child protection declaration means a child protection declaration made under Division 4 of Part 7. close of voting means 6 pm on election day (or on any day to which the conduct of an election has been adjourned). Commonwealth Act means the Commonwealth Electoral Act 1918 of the Commonwealth. Council means the Legislative Council of New South Wales. declaration vote means a vote cast in accordance with Division 9 of Part 7. declared facility—see section 117. display a poster or electoral material includes exhibit or post up the poster or electoral material, and publicly display means display, as so defined, within or within view of a public place. driver licence means a driver licence issued under the Road Transport Act 2013. early voting centre means a voting centre designated by the Electoral Commissioner under section 108 (4) (a) to be an early voting centre for the purpose of an election. election means an election of any member or members of the Assembly or a periodic Council election. election day, in relation to an election, means the day specified in the writ for the election as the day for the taking of the poll for the election. election manager means a person appointed as an election manager under section 81 (3). election official means a person appointed as an election official under section 81 (1). elector means any person entitled to vote at an election under Part 4. Electoral Commission means the New South Wales Electoral Commission constituted by section 8. Electoral Commissioner means the Electoral Commissioner appointed under section 11. electoral district or district means a district for the election of a member to serve in the Assembly. Electoral Information Register means the register kept and maintained by the Electoral Commissioner under Division 4 of Part 5. electoral material means any thing, including without limitation a how-to-vote card, poster or advertisement, containing electoral matter (whether in a tangible or an electronic form). electoral matter means— (a) any matter that is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held or that is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any election, or (b) the name of a candidate at any election, the name of the party of any such candidate, the name or address of the headquarters or campaign office of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter that purports to depict any such candidate or to be a likeness or representation of any such candidate. electoral paper includes any written claim or application, any approved form and any prescribed form under this Act. eligible overseas elector means an elector under this Act who is also enrolled under section 94, 94A or 95 of the Commonwealth Act. enrolled means enrolled by the Electoral Commissioner under Part 5. Note— Under this Act there is no permanent roll of electors. However— (a) the person's name and enrolment details will be recorded in the Electoral Information Register maintained under this Act—see Division 4 (Electoral Information Register) of Part 5 (Enrolment procedures and information), and (b) the person's name will appear on an authorised roll prepared for a particular election and on other lists of electors prepared under this Act—see Division 6 (Authorised rolls) of Part 5 (Enrolment procedures and information). enrolled address means the address for which an elector is enrolled. enrolment details, in relation to an elector, means the particulars included in the Electoral Information Register in relation to the elector. function includes a power, authority or duty, and exercise a function includes perform a duty. general election means an Assembly general election and a periodic Council election held or to be held concurrently. group means a group of candidates constituted in accordance with clause 3 of the Sixth Schedule to the Constitution Act 1902 for a periodic Council election. group voting square means a square printed on a ballot paper for a periodic Council election above the names of the candidates included in a group who have requested under section 86 (2) a group voting square for the purposes of the election. hospital includes a convalescent home and any facility similar to a hospital or convalescent home. how-to-vote card means any card, handbill, pamphlet or notice having any voting directions within it, whether or not it contains— (a) any representation or partial representation of a ballot paper or portion of a ballot paper, or (b) any representation or partial representation apparently intended to represent a ballot paper or portion of a ballot paper. itinerant elector means an elector under this Act who is also enrolled under section 96 of the Commonwealth Act. joint owner of premises or property means one of 2 or more persons who own the premises or property jointly, whether as joint tenants or tenants in common or otherwise. legislature means the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory. local government election means an election under the Local Government Act 1993 for the office of councillor or mayor under that Act (other than an election of mayor by councillors). member means a member of the Assembly or member of the Council. nomination day, in relation to an election, means the day specified in the writ for the election as the nomination day. party means a body or organisation, incorporated or unincorporated, having as one of its objects or activities the promotion of the election to the Assembly or the Council of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part. periodic Council election has the same meaning as it has in section 3 of the Constitution Act 1902. Photo Card means a New South Wales Photo Card issued by Transport for NSW under the Photo Card Act 2005. poster means any electoral matter printed, drawn or depicted on any material and if any electoral matter is printed, drawn or depicted in sections, those sections, severally and collectively, are taken to be a poster. premises includes any structure, building, vehicle or vessel or any place, whether built on or not, and any part of it. President means the President of the Council. Redistribution Panel means the Electoral Districts Redistribution Panel established under Division 1 of Part 3. Register of Parties—see section 58. registered abbreviation, of the name of a party, means the abbreviation of the name of the party included in the Register of Parties. registered early voter means an elector who— (a) has been granted registered early voter status under section 37, or (b) is taken to be a registered early voter under that section. registered early voter (postal) means a registered early voter belonging to the registered early voter (postal) class under section 37. registered early voter (technology assisted voting) means a registered early voter belonging to the registered early voter (technology assisted voting) class under section 37. registered logo, of a party, means the logo of the party included in the Register of Parties. registered name, of a party, means the name of the party included in the Register of Parties. registered officer of a registered party means the person shown in the Register of Parties under Part 6 as the registered officer of the party, and (except in Part 6) includes a person shown in that Register as a deputy registered officer of the party. registered party means a party registered in accordance with Part 6. regulated period for an election— (a) means the period starting on the date of the issue of the writ for the election and ending at 6 pm on election day, and (b) in the case where an election is adjourned, includes the period starting on the original election day and ending at 6 pm on the day to which voting for the election is adjourned. residence—see section 5. silent elector means an elector— (a) whose address is required by operation of section 36 to be omitted from any authorised roll or list of electors, or (b) is taken to be a silent elector under that section. Speaker means the Speaker of the Assembly. State election means an Assembly general election, a periodic Council election or a by-election for the Assembly. Surveyor-General means the person employed in the Public Service as the Surveyor-General. voting centre means a place appointed by the Electoral Commissioner under section 108 to be a voting centre for the purpose of taking the poll at an election (and includes an early voting centre). voting centre manager means a person appointed as a voting centre manager under section 81 (4). voting directions means directions or suggestions (whether express or implied) in relation to the casting of votes. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Meaning of "enrolled for the district" For the purposes of this Act, an elector is enrolled for the district that contains the enrolled address of the elector. However, if the elector is an eligible overseas elector or itinerant elector, an elector is enrolled for the district that contains the Subdivision for which the elector is enrolled under the Commonwealth Act. (3) Address of an individual The address of an individual means— (a) for the purposes of sections 186–188 and 200, an address, including a full street address and suburb or locality, that is located in Australia and at which the individual can usually be contacted during the day, but does not include a post office box, and (b) in any other case, the residential address of the individual. 5 Determination of a person's residence (1) In determining the residence of a person for the purposes of this Act, the Electoral Commissioner may have regard to the purpose and other circumstances, as well as to the fact, of the person's presence at, or absence from, the place concerned. (2) Without limiting subsection (1), if at a particular time a person is staying at any place otherwise than on a permanent basis, the person may be taken to be at that time— (a) residing at the place if the person has no residence elsewhere, or (b) not residing at the place if the person does have a residence elsewhere. (3) A person's residence includes the place to which a person, when temporarily residing elsewhere, has a fixed intention of returning for the purpose of continuing to reside at that place. 6 Circumstances in which elector deemed to be "unable to attend at a voting centre on election day" For the purposes of this Act, and without limitation, an elector is unable to attend at a voting centre on election day if the person— (a) is not throughout the hours of voting on election day within New South Wales, or (b) is not throughout the hours of voting on election day within 8 kilometres by the nearest practicable route of any voting centre open for the purposes of an election, or (c) is throughout the hours of voting on election day travelling under conditions that will preclude the person from voting at any voting centre, or (d) is seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any voting centre to vote, or (e) in the case of a woman, will, by approaching maternity, be precluded from attending at any voting centre to vote, or (f) is, at a place other than a hospital, caring for a person who is seriously ill or infirm or approaching maternity and by reason of caring for the person will be precluded from attending at any voting centre to vote, or (g) is, by reason of the person's membership of a religious order or his or her religious beliefs— (i) precluded from attending at a voting centre, or (ii) precluded from voting throughout the hours of voting on election day or throughout the greater part of those hours, or (h) is, by reason of his or her being kept in a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999), precluded from attending at any voting centre to vote, or (i) will, by reason of being engaged for fee, gain or reward in any work throughout the hours of voting on election day, be precluded from attending at any voting centre to vote, or (j) is a silent elector, or (k) is a person with a disability (within the meaning of the Anti-Discrimination Act 1977), or (l) believes that attending a voting centre on election day will place the personal safety of the person or of members of the person's family at risk. 7 Notes Notes included in this Act do not form part of this Act. Part 2 Electoral administration Division 1 New South Wales Electoral Commission 8 Constitution of Electoral Commission (1) There is constituted by this Act a corporation with the corporate name of the New South Wales Electoral Commission. (2) The Electoral Commission is a statutory body representing the Crown. Note— Section 13A of the Interpretation Act 1987 provides that a statutory body representing the Crown has the status, privileges and immunities of the Crown. 9 Members of Electoral Commission (1) The Electoral Commission consists of the following members— (a) a former Judge appointed by the Governor as the Chairperson of the Commission, (b) the Electoral Commissioner, (c) a person appointed by the Governor who has financial or audit skills and qualifications relevant to the functions of the Commission. (2) In this section, former Judge means— (a) a former Judge of the Supreme Court of New South Wales or of any other State or Territory, or (b) a former Judge of the Federal Court of Australia, or (c) a former Justice of the High Court of Australia. (3) Schedule 1 contains provisions relating to the Electoral Commission. 10 Functions of Electoral Commission (1) The Electoral Commission has the functions conferred or imposed on it by or under the following— (a) this Act, (b) the Electoral Funding Act 2018, (c) the Lobbying of Government Officials Act 2011, (d) the Local Government Act 1993, (e) any other Act. Note— Under the Electoral Funding Act 2018, the Electoral Commission has the function of administering the election funding, expenditure and disclosure scheme under that Act and registering electoral participants for the purposes of that scheme. Under the Lobbying of Government Officials Act 2011, the Electoral Commission has the function of maintaining the Register of Third-Party Lobbyists and Lobbyists Watch List, and of the enforcement of obligations relating to lobbying. (2) The Electoral Commission may— (a) provide assistance for the conduct of elections by the Electoral Commissioner under this or any other Act, and (b) institute proceedings for offences under the following Acts— (i) this Act, (ii) the Electoral Funding Act 2018, (iii) the Lobbying of Government Officials Act 2011, (iv) the Local Government Act 1993 (but only in connection with the conduct of a local government election), and (c) make applications to the Supreme Court for injunctions, declarations or other orders within the jurisdiction of the Court for the purpose of ensuring compliance with the following— (i) this Act, (ii) the Electoral Funding Act 2018, (iii) the Lobbying of Government Officials Act 2011, (iv) the Local Government Act 1993 (but only in connection with the conduct of a local government election), and (d) conduct and promote research into electoral matters and other matters that relate to its functions, and publish the results of any such research, and (e) promote public awareness of electoral matters that are in the general public interest by means of education and information programs. (3) It is the duty of the Electoral Commission to exercise its functions under this or any other Act in a manner that is not unfairly biased against or in favour of any particular parties, groups, candidates or other persons, bodies or organisations. (4) The Electoral Commission is not subject to the control or direction of the Minister in the exercise of its functions. Division 2 Electoral Commissioner 11 Electoral Commissioner (1) The Governor may appoint an Electoral Commissioner for New South Wales. (2) Schedule 2 contains provisions relating to the Electoral Commissioner. 12 Functions of Electoral Commissioner (1) The Electoral Commissioner has the following functions— (a) the general administration of the provisions of this Act relating to the conduct of elections, (b) any other functions conferred or imposed on the Commissioner by or under this or any other Act. (2) Without limiting subsection (1), the Electoral Commissioner has the function of dealing with the following matters— (a) the enrolment of electors, (b) the maintenance of the Electoral Information Register, (c) the preparation of authorised rolls for elections and other lists of electors under this Act. (3) It is the duty of the Electoral Commissioner to exercise his or her functions under this or any other Act in a manner that is not unfairly biased against or in favour of any particular parties, groups, candidates or other persons, bodies or organisations. (4) The Electoral Commissioner is not subject to the control or direction of the Minister or the Electoral Commission in the exercise of his or her functions under this or any other Act (other than functions of the Electoral Commission that are delegated to the Electoral Commissioner). 13 Conducting elections for other organisations (1) The Electoral Commissioner may conduct an election for a person, body or an organisation, whether inside New South Wales or otherwise, on the payment of a fee or charge to be determined by the Electoral Commissioner. (2) Without limiting subsection (1), goods and services may be provided in the course of conducting such an election. (3) A summary of the elections conducted and any such goods or services provided under this section during a year must be included in the annual report of the Electoral Commission relating to that year. Note— Under the Local Government Act 1993, a local council can enter into an arrangement with the Electoral Commissioner for the Electoral Commissioner to administer the local council's elections. 14 Electoral Commissioner not required to vote The Electoral Commissioner is not required to vote at any State election or at any local government election. Division 3 Staff of Electoral Commission and delegations 15 Staff of Electoral Commission (1) Persons may be employed in the Public Service to enable the Electoral Commission and the Electoral Commissioner to exercise their functions. The persons so employed are to be employed in a separate Public Service agency and may be referred to as members of staff of the Electoral Commission. (2) Any conditions of employment (within the meaning of the Industrial Relations Act 1996) determined by the Electoral Commissioner under the Government Sector Employment Act 2013 with respect to any such persons who are employed in casual employment in connection with an election have effect despite any State industrial instrument that applies to Public Service casual employees generally, unless the instrument expressly applies to those casual employees. 16 Delegation (1) The Electoral Commission may delegate any of the Electoral Commission's functions (other than this power of delegation) to— (a) the Electoral Commissioner, or (b) a member of staff of the Electoral Commission, or (c) an officer or member of staff of an electoral commission or electoral office of the Commonwealth or of a State or Territory, or (d) any person, or any class of persons, authorised for the purposes of this subsection by the regulations. (2) The Electoral Commissioner may delegate any of the Electoral Commissioner's functions (other than this power of delegation) to— (a) a member of staff of the Electoral Commission, or (b) an officer or member of staff of an electoral commission or electoral office of the Commonwealth or of a State or Territory, or (c) any person, or any class of persons, authorised for the purposes of this subsection by the regulations. (3) Without limiting subsection (2), the Electoral Commissioner may delegate any of the Electoral Commissioner's functions as a returning officer for an Assembly election or a periodic Council election (other than this power of delegation) to an election official. (4) A delegation under this section may be to a particular person, the holder of a particular position or a class of persons or holders of positions. Part 3 Redistribution of electoral districts Division 1 Electoral Districts Redistribution Panel 17 Establishment of Electoral Districts Redistribution Panel (1) There is established by this Act an Electoral Districts Redistribution Panel (the Redistribution Panel) consisting of the following 3 members— (a) a current or former Judge appointed by the Governor as the Chairperson of the Redistribution Panel, (b) the Electoral Commissioner, (c) the Surveyor-General. (2) In this section, Judge means— (a) a Judge of the Supreme Court of New South Wales or of any other State or Territory, or (b) a Judge of the Federal Court of Australia, or (c) a Justice of the High Court of Australia. 18 Provisions relating to Redistribution Panel (1) Schedule 3 contains provisions relating to the Redistribution Panel. (2) For the purposes of carrying out its functions, the Redistribution Panel may make use of the services of any of the members of staff of the Electoral Commission. 19 Application of Royal Commissions Act 1923 to Redistribution Panel (1) In relation to the exercise of their functions under this Part, the members of the Redistribution Panel have the powers and immunities of a commissioner, and the Chairperson of the Panel has the powers of a chairperson, within the meaning of Division 1 of Part 2 of the Royal Commissions Act 1923. (2) The provisions of that Act (other than section 13 and Division 2 of Part 2) apply, with all necessary changes, to any witness or person summoned by or appearing before the Panel. Division 2 Redistribution of electoral districts 20 Governor to advise Redistribution Panel that redistribution is required If a distribution of electoral districts is required by the Constitution Act 1902, the Governor is to advise the Redistribution Panel of that fact. 21 Criteria for distributions (1) In carrying out its functions, the Redistribution Panel, subject to complying with sections 28 and 28A of the Constitution Act 1902, is— (a) to have regard to demographic trends within New South Wales and, as far as practicable, endeavour to ensure on the basis of those trends that, at the relevant future time, the number of electors enrolled in each electoral district will be equal (within a margin of allowance of 10 per cent more or less of the average enrolment in electoral districts at that future time), and (b) subject to paragraph (a), to give due consideration, in relation to each electoral district, to— (i) community of interests within the electoral district, including economic, social and regional interests, and (ii) means of communication and travel within the electoral district, and (iii) the physical features and area of the electoral district, and (iv) mountain and other natural boundaries, and (v) the boundaries of the existing electoral districts. (2) For the purposes of subsection (1) (a), the relevant future time is 4 years from the day of the return of the writs for choosing the Assembly that exists at the time the distribution is carried out. 22 Public notice of redistribution (1) As soon as practicable after the Redistribution Panel has been advised that a distribution is required, the Panel is to give public notice of the redistribution— (a) in the Gazette, and (b) on the Electoral Commission's website, and (c) in a newspaper published or circulating in New South Wales. (2) The public notice must— (a) invite suggestions in writing, to be lodged with the Redistribution Panel within 30 days after the date the public notice was given (the suggestion period), relating to the distribution of New South Wales into electoral districts, and (b) invite comments in writing, to be lodged with the Panel within 14 days after the expiry of the suggestion period (the comments period), relating to any suggestions received by the Panel under this section, and (c) notify the public that any suggestions and comments lodged with the Panel will be made available for public inspection on the Electoral Commission's website as soon as is reasonably practicable after the expiry of the suggestion period or comments period, as the case requires. (3) The Redistribution Panel is to make a copy of any suggestion or comment lodged with the Panel under this section available for public inspection on the Electoral Commission's website as soon as is reasonably practicable after the expiry of the suggestion period or comments period, as the case requires. 23 Preparation of draft redistribution determination (1) The Redistribution Panel is to prepare a draft determination of the names and boundaries of electoral districts. (2) Before preparing the draft determination under this section, the Redistribution Panel is— (a) to obtain, and consider, the advice of a recognised demographer, and (b) to consider any suggestions or comments lodged with it under section 22. 24 Manner of identifying boundaries of electoral districts (1) The Redistribution Panel may determine the boundaries of electoral districts by reference to such matters (including cadastral, topographical, administrative and other spatial information) as the Panel thinks fit. (2) The Redistribution Panel is required to cause its determinations of the boundaries of electoral districts to be recorded in such a way as is readily accessible by members of the public. 25 Public notice of draft redistribution determination (1) The Redistribution Panel is to give public notice of its draft determination of the names and boundaries of electoral districts— (a) in the Gazette, and (b) on the Electoral Commission's website, and (c) in a newspaper published or circulating in New South Wales. (2) The public notice must— (a) include a written statement that the following are available for inspection on the Electoral Commission's website— (i) a map setting out the Redistribution Panel's proposed names and boundaries of electoral districts, (ii) the Panel's reasons for making the draft determination, and (b) invite submissions in writing, to be lodged with the Panel within 30 days after the date the public notice was given (the submission period), relating to the draft determination, and (c) invite comments in writing, to be lodged with the Panel within 14 days after the expiry of the submission period (the comments period), relating to any submissions received by the Panel under this section, and (d) notify the public that any submissions and comments lodged with the Panel will be made available for public inspection on the Electoral Commission's website as soon as is reasonably practicable after the expiry of the submission period or comments period, as the case requires. (3) The Redistribution Panel is to make a copy of any submission or comment lodged with the Panel under this section available for public inspection on the Electoral Commission's website as soon as is reasonably practicable after the expiry of the submission period or comments period, as the case requires. (4) The Redistribution Panel is to consider any submission and comment lodged with the Panel under this section before making a final determination of the names and boundaries of electoral districts. 26 Public hearing (1) The Redistribution Panel must hold a public hearing into any submission or comment made under section 25 unless the Redistribution Panel is of the opinion that— (a) the matters raised in the submission or comment were raised, or are substantially the same as matters that were raised, in suggestions or comments lodged under section 22, or (b) the submission or comment is frivolous or vexatious. (2) Without limiting subsection (1), the Redistribution Panel may hold one public hearing into a number of submissions and comments. (3) At the public hearing, oral and further written submissions may be made to the Redistribution Panel by or on behalf of any person who, or organisation that, lodged a submission or comment under section 25. (4) The Redistribution Panel is not bound by the rules of evidence and may regulate the conduct of proceedings at the hearing as it considers fit. (5) Without limiting subsection (4), the Redistribution Panel may determine the following— (a) the times and places for holding sessions of the public hearing, (b) the manner in which oral or written submissions may be made to the Panel at the public hearing, (c) the time within which written submissions may be made to the Panel, (d) the extent to which the Panel may be orally addressed, and the persons by whom they may be orally addressed, on any submission. (6) The Redistribution Panel must consider all submissions made to it at a public hearing. 27 Revised redistribution determination (1) As soon as practicable after the Redistribution Panel has concluded its consideration of any submissions made to it (including any submissions and comments made under section 25), the Panel must consider its draft determination and prepare a revised determination of the names and boundaries of electoral districts. (2) If the Redistribution Panel is of the opinion that the Panel's revised determination will not be significantly different from the draft determination, the Panel is to finally determine the names and boundaries of electoral districts. (3) If the Redistribution Panel is of the opinion that the Panel's revised determination will be significantly different from the draft determination, the Panel must give public notice of its revised determination of the names and boundaries of electoral districts— (a) in the Gazette, and (b) on the Electoral Commission's website, and (c) in a newspaper published or circulating in New South Wales. (4) The public notice must— (a) include a written statement that the following is available for inspection on the Electoral Commission's website— (i) a map setting out the Redistribution Panel's proposed names and boundaries of electoral districts, (ii) the Panel's reasons for making the revised determination, and (b) invite objections in writing, to be lodged with the Panel within 30 days after the date the public notice was given (the objection period), relating to the revised determination, and (c) invite comments in writing, to be lodged with the Panel within 14 days after the expiry of the objection period (the comments period), relating to any objection received by the Panel under this section, and (d) notify the public that any objections and comments lodged with the Panel will be made available for public inspection on the Electoral Commission's website as soon as is reasonably practicable after the expiry of the objection period or comments period, as the case requires, and (e) state that a further public hearing may be held relating to any such objections or comments. (5) The Redistribution Panel is to make a copy of any objection or comment lodged with the Panel under this section available for public inspection on the Electoral Commission's website as soon as is reasonably practicable after the expiry of the objection period or comments period, as the case requires. (6) If public notice is given under subsection (3)— (a) a person who, or an organisation that, was entitled to make submissions to the public hearing may lodge with the Panel a written objection or comment relating to an objection, and (b) the Redistribution Panel must hold a public hearing into any such objection or comment, and (c) section 26 applies to a public hearing into any such objection or comment under this section as if the objection or comment were a submission or comment lodged with the Redistribution Panel in relation to a draft determination. Note— Section 26 (1), as applied, provides that the Redistribution Panel must hold a public hearing into an objection or comment made under this subsection unless the Redistribution Panel is of the opinion that— (a) the matters raised in the objection or comment were already raised, or are substantially the same as matters that were already raised, in suggestions, objections or comments lodged under this Division, or (b) the objection or comment is frivolous or vexatious. (7) The Redistribution Panel must, as soon as practicable, complete— (a) the Panel's consideration of any objections and comments lodged with it under this section, and (b) any public hearings into those objections. (8) As soon as practicable after the Redistribution Panel has completed the public hearing under subsection (6) into any objections or comments, the Panel is to finally determine the names and boundaries of electoral districts. (9) The Redistribution Panel is not required to invite further suggestions, submissions, objections or comments or to hold any hearings into any such further suggestions, submissions, objections or comments that are received. 28 Final determination of redistribution to be given to Governor As soon as practicable after the Redistribution Panel has finally determined the names and boundaries of electoral districts, the Panel must give that final determination to the Governor. 29 Proclamation by Governor of names and maps of electoral districts (1) The Governor is to cause a proclamation to be published in the Gazette, setting out— (a) the name of each electoral district, and (b) a map of each electoral district. (2) On publication of a proclamation under this section, the electoral districts specified in the proclamation are, until altered by a further distribution required under the Constitution Act 1902, the electoral districts of New South Wales. (3) The Electoral Commission must ensure, as far as is reasonably practicable, that maps indicating the names and boundaries of those electoral districts are available for inspection on the Electoral Commission's website. (4) Despite subsection (2), the electoral districts existing immediately before the publication of a proclamation under this section remain, for the purposes of any by-election to be held before the dissolution or expiry of the Assembly following that publication, the electoral districts of New South Wales. (5) The Redistribution Panel is to ensure that a copy of the maps of the electoral districts is lodged with the Surveyor-General, who is required to keep that copy at least until the next distribution of electoral districts. (6) The copy lodged with the Surveyor-General is evidence of the boundaries of the electoral districts to which it relates. Note— Section 9C of the Surveying and Spatial Information Act 2002 requires details of electoral districts to be included in the register of public surveys. Part 4 Entitlement to enrol and vote 30 Entitlement to enrol Note— Under this Act there is no permanent roll of electors. However— (a) the person's name and enrolment details will be recorded in the Electoral Information Register maintained under this Act—see Division 4 (Electoral Information Register) of Part 5 (Enrolment procedures and information), and (b) the person's name will appear on an authorised roll prepared for a particular election and on other lists of electors prepared under this Act—see Division 6 (Authorised rolls) of Part 5 (Enrolment procedures and information). (1) A person is entitled to be enrolled in respect of an address in New South Wales if the person— (a) has attained 16 years of age, and Note— A person is not entitled to vote until the person is 18 years of age—see section 31. (b) is an Australian citizen, and (c) resides at that address and has resided at that address for at least 1 month before the enrolment. Note— Section 4 (2) of this Act provides that an elector is enrolled for the district that contains the enrolled address of the elector. (2) A person who is not entitled to be enrolled under subsection (1) is entitled to be enrolled if the person is enrolled under any of the following provisions of the Commonwealth Act in respect of an address in New South Wales— (a) section 93 (1) (b) (ii)—being British subjects enrolled in relation to a Commonwealth division before 26 January 1984, (b) section 94—enrolled voters leaving Australia, (c) section 94A—voters enrolled outside Australia, (d) section 95—spouse, de facto partner or child of eligible overseas elector, (e) section 96—itinerant electors. (3) Subject to subsection (2), a person is not entitled to be enrolled in respect of any address other than the address at which the person is residing at the date— (a) that the person lodged his or her application for enrolment (or application for a change of address), or (b) that the Electoral Commissioner enrolled the person (or changed the person's enrolment details to record a change of address). (4) A person is not entitled to be enrolled if the person has been convicted of an offence, whether in New South Wales or elsewhere, and has been sentenced in respect of that offence to imprisonment for 12 months or more and is in prison serving that sentence. 31 Entitlement to vote (1) Subject to this Act, a person who is enrolled for a district is entitled to vote at any election for the Assembly for the district. Note— Section 22 of the Constitution Act 1902 provides that persons entitled to vote at a general election of members of the Legislative Assembly, and only those persons, are entitled to vote at a periodic Council election. (2) Despite subsection (1), a person who has been enrolled, but who has not attained 18 years of age on the date appointed as the election day for an election, is taken for the purposes of that election to not be enrolled or entitled to be enrolled. Note— Accordingly, a person is not entitled to vote or be appointed as a scrutineer if he or she has not attained 18 years of age. Part 5 Enrolment procedures and information Division 1 Enrolment 32 Compulsory enrolment: obligation to enrol and keep enrolment details updated (1) Every person who— (a) has attained the age of 18 years, and (b) is not enrolled, and (c) is entitled to be enrolled (other than under section 30 (2)), must, within 21 days of becoming entitled to be enrolled, complete and lodge an application for enrolment in the approved manner and form, unless the person has been notified by the Electoral Commissioner that the person has been enrolled by the Electoral Commissioner. Maximum penalty—1 penalty unit. Note— In many circumstances, a person will be automatically enrolled by the Electoral Commissioner under section 34. (2) If a person (including a silent elector)— (a) is enrolled, and (b) changes residence from the person's enrolled address to another address in New South Wales, the person must, within 21 days of becoming entitled to be enrolled in respect of the other address, complete and lodge an application for a change of address in the approved manner and form, unless the person has been notified by the Electoral Commissioner that the elector's enrolment details have been changed. Maximum penalty—1 penalty unit. Note— In many circumstances, an elector's enrolment details will be automatically updated by the Electoral Commissioner under section 34. (3) Every person who— (a) has not attained the age of 18 years, and (b) is entitled to be enrolled, and (c) is not enrolled, may complete and lodge an application for enrolment in the approved manner and form. Note— A person who has attained 16 years of age, is an Australian citizen and resides at an address in New South Wales is entitled to be enrolled in respect of that address—see section 30. However, the person is not entitled to vote until the person is 18 years of age—see section 31. (4) An application for enrolment under subsection (1) or (3) or for a change of address under subsection (2) must be supported by the evidence of the applicant's identity that is required by the regulations (if any). (5) If a person— (a) lodges an application for enrolment, or an application for a change of address, to the Electoral Commissioner, or (b) forwards a claim for enrolment, or a claim for a transfer of enrolment, to the Australian Electoral Commission, proceedings are not to be commenced against that person for any alleged offence against this section committed before the person lodged the application or forwarded the claim. (6) If a person wishes to make an application for enrolment, or an application for a change of address, and a registered medical practitioner has certified, in writing, that the person cannot physically sign the application, another person may, on behalf of the person, complete and lodge the application in accordance with the directions of the person. (7) A registered medical practitioner's certificate referred to in subsection (6) is to be lodged with the application to which it relates. 33 Means of enrolment (1) The Electoral Commissioner may enrol a person— (a) on the Electoral Commissioner's own initiative under section 34, or (b) in response to an application for enrolment under section 35. (2) The Electoral Commissioner may change an elector's enrolment details to record a change of address— (a) on the Electoral Commissioner's own initiative under section 34, or (b) in response to an application for a change of address under section 35. 34 Enrolment by Electoral Commissioner on Electoral Commissioner's initiative (1) If the Electoral Commissioner, at any time, believes that a person who is not enrolled is entitled to be enrolled, the Electoral Commissioner may notify the person concerned in writing (including by email, SMS text message or other electronic means) that— (a) the Electoral Commissioner believes that the person should be enrolled, and (b) the Electoral Commissioner will enrol the person unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner's belief is incorrect (and gives the reasons why that is so). (2) If no notification is made by the person under subsection (1) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is entitled to be enrolled, the Electoral Commissioner is to— (a) enrol the person, and (b) notify the person in writing (including by email, SMS text message or other electronic means) that he or she has been enrolled. (3) If the Electoral Commissioner, at any time, believes that a person is incorrectly enrolled in respect of an address (the first address), but that the person is entitled to be enrolled in respect of another address (the second address), the Electoral Commissioner may notify the person concerned in writing (including by email, SMS text message or other electronic means) that— (a) the Electoral Commissioner believes that the person should not be enrolled in respect of the first address, but should be enrolled in respect of the second address, and (b) the Electoral Commissioner will change the person's enrolment details unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner's belief is incorrect (and gives the reasons why that is so). (4) If no notification is made by the person under subsection (3) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is incorrectly enrolled in respect of the first address, but is entitled to be enrolled in respect of the second address, the Electoral Commissioner is to— (a) change the person's enrolment details to record the second address as the person's enrolled address, and (b) notify the person in writing (including by email, SMS text message or other electronic means) that the person's enrolment details have been so changed. (5) If the Electoral Commissioner, at any time, believes that a person who is enrolled is not entitled to be enrolled, the Electoral Commissioner may notify the person concerned in writing (including by email, SMS text message or other electronic means) that— (a) the Electoral Commissioner believes that the person should not be enrolled, and (b) the Electoral Commissioner will terminate the person's enrolment unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner's belief is incorrect (and gives the reasons why that is so). (6) If no notification is made by the person under subsection (5) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is not entitled to be enrolled, the Electoral Commissioner is to— (a) terminate the person's enrolment, and (b) notify the person in writing (including by email, SMS text message or other electronic means) that his or her enrolment has been terminated. (7) The Electoral Commissioner may exercise the functions under subsections (1)–(6) on the Electoral Commissioner's own initiative. (8) Without limiting subsections (1)–(6), the Electoral Commissioner may form a belief by— (a) consulting electoral enrolment details on any roll kept under the Commonwealth Act, and (b) consulting and using information collected under Division 5. Note— The Electoral Commissioner may use information collected under Division 5, from bodies such as Transport for NSW and the Registry of Births, Deaths and Marriages, to enrol persons or update their enrolment details. (9) Nothing in this section prevents the Electoral Commissioner enrolling a person during the period of any election, including after the issue of the writ for the election. Note— If a person has been enrolled by the Electoral Commissioner under this section and the person believes that the person is not entitled to be so enrolled or is enrolled in relation to an incorrect address, the person may complain to the Electoral Commissioner regarding the person's own enrolment under section 38. Alternatively, if the person is entitled to be enrolled in relation to another address, the person could simply complete and lodge an application for enrolment or an application for a change of address. 35 Enrolment by Electoral Commissioner in response to application (1) The Electoral Commissioner, on receiving an application for enrolment, subject to subsection (6), must— (a) if the application is in order and the Electoral Commissioner is satisfied that the applicant is entitled to be enrolled— (i) enrol the person, and (ii) notify the person in writing that he or she has been enrolled, and (b) in a case where the person is already correctly enrolled—notify the person in writing that, in the Electoral Commissioner's opinion, the person's existing enrolment is correct, and (c) if the application is not in order or the Electoral Commissioner is not satisfied that the person is entitled to be enrolled—notify the person in writing that his or her application has been rejected. (2) The Electoral Commissioner, on receiving an application for a change of address, subject to subsection (6), must— (a) if the application is in order and the Electoral Commissioner is satisfied that the applicant is entitled to be enrolled in respect of the new address specified in the application— (i) change the person's enrolment details to record the person's new address as the person's enrolled address, and (ii) notify the person in writing that the person's enrolment details have been so changed, and (b) in a case where the person is already correctly enrolled—notify the person in writing that, in the Electoral Commissioner's opinion, the person's existing enrolment details are correct, and (c) if the application is not in order or the Electoral Commissioner is not satisfied that the person is entitled to be enrolled—notify the person in writing that his or her application has been rejected. (3) A notification in writing by the Electoral Commissioner under this section may be made by email, SMS text message or other electronic means if the applicant has consented in the application to communication by that means. (4) A notice of a decision given to a person by the Electoral Commissioner under subsection (1) (b) or (c) or (2) (b) or (c) is to include— (a) a statement of the reasons for the decision, and (b) a statement advising the person that— (i) the person is entitled to make a complaint to the Electoral Commissioner regarding the enrolment of the person or the failure to enrol the person, and (ii) if the person is dissatisfied by the handling of that complaint, the person may apply to the Civil and Administrative Tribunal for an administrative review of the decision of the Electoral Commissioner regarding the complaint. (5) Nothing in this section prevents the Electoral Commissioner enrolling a person during the period of any election, including after the issue of the writ for the election. (6) The regulations may make provision for or with respect to the giving of notice by the Electoral Commissioner to an elector of his or her enrolment. 36 Silent electors: request for address to be omitted from authorised rolls or any other list of electors (1) A person may lodge a request in the approved form that the person's residential address be omitted from any authorised roll or list of electors if the person considers that having that address on a roll or list of electors places or would place the personal safety of the person or of members of the person's family at risk. (2) A request must— (a) give particulars of the relevant risk, and (b) be verified by statutory declaration by the person making the request. (3) If the Electoral Commissioner is satisfied that having the residential address of the person making the request on an authorised roll or a list of electors places or would place the personal safety of the person or of members of the person's family at risk, the Electoral Commissioner must ensure that the address of the person is omitted from any such roll or list. (4) The Electoral Commissioner must notify the person in writing (including by email, SMS text message or other electronic means if the person has requested or consented to notification by that method) of a decision to grant or refuse a request made by a person under subsection (1). (5) If a person's address has been excluded or omitted from a roll kept under the Commonwealth Act by operation of section 104 of that Act— (a) the Electoral Commissioner must ensure that the address of the person is omitted from any authorised roll or list of electors prepared under this Act, and (b) the person is taken to be a silent elector under this Act. 37 Registered early voters (1) An elector may apply to the Electoral Commissioner to be a registered early voter if— (a) the elector's residence is not within 20 kilometres, by the nearest practicable route, of a voting centre, or (b) by reason of being seriously ill or infirm, the elector is unable to travel from the place where he or she resides (other than a hospital that is a voting centre), or (c) because he or she will be at a place (other than a hospital that is a voting centre) caring for a person who is seriously ill or infirm, the elector is unable to travel from that place to a voting centre, or (d) the elector is enrolled pursuant to an application made under section 32 (6) (which contemplates the provision of a registered medical practitioner's certificate), or (e) a registered medical practitioner has certified that the elector cannot physically sign the elector's name, or (f) the elector is a silent elector, or (g) the elector is a person with a disability (within the meaning of the Anti-Discrimination Act 1977), or (h) because of his or her religious beliefs or membership of a religious order, the elector— (i) is precluded from attending a voting centre, or (ii) for the greater part of the hours of voting on an election day, is precluded from attending a voting centre. (2) An application is to be made in the manner and form approved by the Electoral Commissioner and is to specify which of the 2 classes of registered early voter the elector is applying to belong to— (a) the registered early voter (postal) class—being the class of registered early voters who may early vote at elections by post, or (b) the registered early voter (technology assisted voting) class—being the class of registered early voters who may early vote at elections by means of technology assisted voting. (3) The Electoral Commissioner— (a) may accept or reject an application under this section to grant the elector registered early voter status, and (b) if the application is accepted, must specify the class of registered early voter that the elector has been granted, and (c) must advise the person in writing of the Electoral Commissioner's decision under this subsection. (4) An application may be made under subsection (1) (d) or (e) by another person acting on behalf of the elector if a registered medical practitioner has certified, in writing, that the elector cannot physically sign the elector's name. (5) A certificate referred to in subsection (1) (d) or (e) or (4) is to be lodged with the application to which it relates. (6) The Electoral Commissioner may withdraw registered early voter status from an elector if the Electoral Commissioner is satisfied that the elector is no longer an elector of a kind described in subsection (1). (7) An elector who is a registered general postal voter under the Commonwealth Act is, unless the elector is a registered early voter (technology assisted voting), taken to be a registered early voter (postal). Division 2 Complaints regarding enrolment 38 Complaints to be made to Electoral Commissioner (1) A person may complain to the Electoral Commissioner regarding— (a) the enrolment of a person (including the person's own enrolment), or (b) the enrolment details recorded about a person, or (c) the failure to enrol a person. (2) A complaint made by a person must— (a) be in writing and in the approved form, and (b) be signed by the person, and (c) set out the ground of the complaint. 39 Electoral Commissioner to investigate and deal with complaints (1) The Electoral Commissioner is to investigate a complaint made under this Division. (2) After investigating the complaint, the Electoral Commissioner may— (a) enrol, or terminate the enrolment of, the person concerned, or (b) correct any information relating to the person kept on the Electoral Information Register, or (c) refuse to take any of the actions referred to in paragraphs (a) and (b). (3) The Electoral Commissioner is to give the complainant and the person whose enrolment is the subject of the complaint written notice of the Electoral Commissioner's decision under this section and the reasons for the decision. Division 3 Civil and Administrative Tribunal review of decisions regarding enrolment 40 Review by Civil and Administrative Tribunal A person who has made a complaint under Division 2 may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision of the Electoral Commissioner regarding the complaint. Division 4 Electoral Information Register 41 Register of information relating to electors (1) The Electoral Commissioner is to keep and maintain records of all persons enrolled under this Act in a register (the Electoral Information Register). (2) The register is to include— (a) the surname, given name or names, date of birth and sex of each enrolled person, and (b) the residence of the person (except in relation to an eligible overseas elector or an itinerant elector), and (c) the electoral district for which the person is enrolled, and (d) whether the person is a silent elector, and (e) whether the person is a registered early voter, and, if so, whether the person is a registered early voter (postal) or a registered early voter (technology assisted voting), and (f) such other particulars as the Electoral Commissioner considers necessary to carry out his or her functions under this Act, and (g) such other particulars as are prescribed by the regulations. (3) The register is to be kept in an electronic form. 42 Maintenance of Electoral Information Register (1) The Electoral Commissioner must use the Electoral Commissioner's best endeavours to revise and update the Electoral Information Register to ensure that it is accurate. (2) Without limiting any other function of the Electoral Commissioner in relation to the Electoral Information Register, the Electoral Commissioner may alter the register by doing any of the following— (a) correcting any mistake or omission in the particulars of the enrolment of an enrolled person, (b) altering the particulars of the enrolment of an enrolled person (including the inclusion of particulars in compliance with a requirement under section 41 (2) (f) or (g)), (c) removing the name of any deceased person, (d) removing the name of a person who has been convicted and sentenced to a term of imprisonment of 12 months or longer and is in prison pursuant to that sentence, (e) removing any superfluous entry where the name of the same person appears more than once, (f) reinstating any name removed by mistake as the name of a deceased person, (g) reinstating any name removed as the result of a complaint, where satisfied that the complaint was based on a mistake as to fact and that the person whose enrolment was the subject of the complaint is still entitled, and has continuously been entitled, to the enrolment in respect of which the complaint was made, (h) rei