(1) The Electoral Commissioner is to keep and maintain a roll for each district.(2) The roll for a district is:(a) to be kept in a form determined by the Electoral Commissioner, and(b) to include the surname, given name or names, date of birth, occupation (or other prescribed particulars) and sex of each elector, and(c) to include the residence of the elector (except in relation to a silent elector, an eligible overseas elector or an itinerant elector), and(d) to contain such other particulars as are prescribed.(3) In addition to any other function conferred by this Act on the Electoral Commissioner in relation to the keeping and maintenance of rolls, the Electoral Commissioner may alter any district roll by doing any of the following:(a) correcting any mistake or omission in the particulars of the enrolment of an elector,(b) altering the particulars of the elector on a district roll,(c) removing the name of any deceased elector,(d) removing the name of an elector who has been convicted and sentenced to a term of imprisonment of one year or longer and is in prison pursuant to that sentence,(e) striking out the superfluous entry where the name of the same elector appears more than once on the same district roll,(f) reinstating any name removed by mistake as the name of a deceased elector,(g) reinstating any name removed as the result of an objection, where satisfied that the objection was based on a mistake as to fact and that the person whose enrolment was the subject of the objection is still entitled, and has continuously been entitled, to the enrolment in respect of which the objection was made,(h) reinstating any other name removed by mistake or which has been accidentally omitted,(i) altering any particulars of the enrolment of an elector necessitated:(i) by the numbering or re-numbering or naming or re-naming of the elector’s place of residence, or(ii) by the naming or re-naming of a street, public place or locality, or(iii) for any other similar reason.(4) For the avoidance of doubt, the Electoral Commissioner may keep rolls in an electronic form.
27 Compulsory enrolment: obligation to enrol and keep enrolment updated
(1) Every person who:(a) is not enrolled for any district, and(b) is entitled to be enrolled on a roll for a district (other than under section 22 (2) or (3)),must, within 21 days of becoming entitled to be enrolled, unless the person has been notified by the Electoral Commissioner that the person has been enrolled by the Electoral Commissioner:(c) complete and sign a claim for enrolment in the approved form in accordance with the directions on the form, and(d) forward the claim for enrolment to the Electoral Commissioner or to the Australian Electoral Commission.Maximum penalty: 1 penalty unit.
Note. In many circumstances, a person will be automatically enrolled by the Electoral Commissioner under section 29.(2) If an elector (including a silent elector) changes residence from one address to another address in New South Wales, the person must, within 21 days of becoming entitled to be enrolled on a roll for a district in respect of the person’s new residence, unless the person has been notified by the Electoral Commissioner that the elector’s enrolment has been updated:(a) complete and sign a claim for a transfer of enrolment in the approved form in accordance with the directions on the form, and(b) forward the claim for a transfer of enrolment to the Electoral Commissioner or to the Australian Electoral Commission.Maximum penalty: 1 penalty unit.
Note. In many circumstances, an elector’s enrolment will be automatically updated by the Electoral Commissioner under section 29.(3) Every person who is entitled to be enrolled on a district roll under section 22 (3) and is not enrolled on that roll may:(a) complete and sign a claim for enrolment in the approved form in accordance with the directions on the form, and(b) forward the claim for enrolment to the Electoral Commissioner or to the Australian Electoral Commission.(4) A claim for enrolment under subsection (1) or (3) or for a transfer of enrolment under subsection (2) must:(a) unless paragraph (b) applies—be witnessed by an elector or a person entitled to be enrolled (who must sign the claim in the witness’s own hand writing), or(b) be supported by the evidence of the claimant’s identity that is required by the regulations (if any).(5) If a person forwards a claim for enrolment, or a claim for a transfer of enrolment, to the Electoral Commissioner or the Australian Electoral Commission, proceedings are not to be commenced against that person for any alleged offence against this section committed before the person forwarded the claim.(6) If a person wishes to make a claim for enrolment, or a claim for transfer of enrolment, and a registered medical practitioner has certified, in writing, that the person is so physically incapacitated that the person cannot sign the claim, another person may, on behalf of the person, fill out and sign the claim in accordance with the directions of the person.(7) A medical practitioner’s certificate referred to in subsection (6) is to be lodged with the claim to which it relates.(8) The regulations may:(a) require a claim to be supported by evidence of the claimant’s identity for the purposes of subsection (4) (b), and(b) impose additional requirements in relation to identification for enrolment, including requirements as to:(i) the witnessing of a claim, or(ii) the inclusion in a claim, or the attachment to a claim, of particulars or material regarding identification.
The Electoral Commissioner may enrol a person on a roll for a district:(a) on the Electoral Commissioner’s own initiative under section 29, or(b) in response to a claim for enrolment or a claim for a transfer of enrolment under section 30, or(c) in response to a change to any roll kept under the Commonwealth Act under section 30A.
29 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 for any district is entitled to be enrolled for a district, 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 for that district, and(b) the Electoral Commissioner will enrol the person for that district 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 for the district, the Electoral Commissioner is to:(a) enrol the person for the district, and(b) notify the person in writing (including by email, SMS text message or other electronic means) that he or she has been enrolled for that district.(3) If the Electoral Commissioner, at any time, believes that a person is incorrectly enrolled for a district (the first district), but that the person is entitled to be enrolled for another district (the second district), 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 for the first district, but should be enrolled for the second district, and(b) the Electoral Commissioner will:(i) remove the person’s name from the roll of the first district, and(ii) enrol the person for the second district,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 for the first district, but is entitled to be enrolled for the second district, the Electoral Commissioner is to:(a) remove the person’s name from the roll for the first district, and(b) enrol the person for the second district, and(c) notify the person in writing (including by email, SMS text message or other electronic means) of that transfer of enrolment.(5) If the Electoral Commissioner, at any time, believes that a person who is enrolled for a district is not entitled to be enrolled for that district, 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 for that district, and(b) the Electoral Commissioner will remove the person’s name from the roll for the district 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 for the district, the Electoral Commissioner is to:(a) remove the person’s name from the roll for the district, and(b) notify the person in writing (including by email, SMS text message or other electronic means) that his or her name has been removed from the roll for that district.(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 6.Note. The Electoral Commissioner may use information collected under Division 6, from bodies such as Roads and Maritime Services 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 for a district during the period of any election, including after the issue of the writ for the election.Note. If a person has been enrolled for a district by the Electoral Commissioner under this section and the person believes that the person is not entitled to be enrolled for that district or is enrolled in relation to an incorrect address, the person may object to the person’s own enrolment under section 32.Alternatively, if the person is entitled to be enrolled for another district or in relation to another address, the person could simply complete and lodge a claim for enrolment or a claim for transfer of enrolment.
30 Enrolment by Electoral Commissioner in response to a claim
(1) The Electoral Commissioner, on receiving a claim for enrolment, or a claim for transfer of enrolment, on a roll for a district, subject to subsection (4), must:(a) if the claim is in order and the Electoral Commissioner is satisfied that the claimant is entitled to be enrolled for the district:(i) enrol the person for the district, and(ii) notify the person in writing (including by email, SMS text message or other electronic means) that he or she has been enrolled for that district, and(iii) in the case of a claim for a transfer of enrolment from the roll for another district—delete the name of the person from that other roll, and(b) in a case where the person is already correctly enrolled for the district for which the person claimed enrolment—notify the person in writing (including by email, SMS text message or other electronic means) that, in the Electoral Commissioner’s opinion, the person’s existing enrolment is correct, and(c) if the claim is not in order or the Electoral Commissioner is not satisfied that the person is entitled to be enrolled for that district—notify the person in writing that his or her claim has been rejected.(2) A notice of a decision given to a person by the Electoral Commissioner under subsection (1) (b) or (c) is to include:(a) a statement of the reasons for the decision, and(b) a statement advising the person that the person is entitled at any time within one calendar month after the issue of the notice to apply to the Local Court for an order directing that the person’s name be enrolled for the district.(3) Nothing in this section prevents the Electoral Commissioner enrolling a person for a district during the period of any election, including after the issue of the writ for the election.(4) 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 and the signing of that notice by the elector.
30A Enrolment by Electoral Commissioner in response to change to Commonwealth electoral roll
(1) If, because of a change to any roll kept under the Commonwealth Act, the Electoral Commissioner forms the opinion that:(a) a person who is not enrolled for any district is entitled to be enrolled for a district, the Electoral Commissioner may enrol the person for the district, or(b) a person is incorrectly enrolled for a district (the first district), but that the person is entitled to be enrolled for another district (the second district), the Electoral Commissioner may:(i) remove the person’s name from the roll for the first district, and(ii) enrol the person for the second district, or(c) a person who is enrolled for a district is not entitled to be enrolled for that district, the Electoral Commissioner may remove the person’s name from the roll for the district.(2) Nothing in this section prevents the Electoral Commissioner enrolling a person for a district during the period of any election, including after the issue of the writ for the election.
31 Silent electors: request for address not to be shown on roll
(1) A person may lodge a request in the approved form that the person’s residential address not be shown on any roll if the person considers that having that address on a roll 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 shown on a roll would place or places 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 not entered on any roll.(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 not entered on any roll kept under this Act, and(b) the person is taken to be a silent elector under this Act.
(1) An elector may object to the enrolment of a person (including the elector’s own enrolment) on the ground that:(a) the person is not entitled to be enrolled, or(b) except in relation to a person who is entitled to enrol under section 22 (2) (b), (c), (d) or (e)—the address for which a person is enrolled is not the person’s real place of living.(2) An elector’s objection under subsection (1) must:(a) be in writing and in the approved form, and(b) be signed by the elector, and(c) set out the ground for the objection, and(d) be lodged with the Electoral Commissioner.(3) An objection on the ground that the address for which a person is enrolled is not the person’s real place of living is not a sufficient ground of objection unless the objection alleges that the person objected to does not live at the address and has not lived at the address for at least one month immediately before the date of the objection.
(1) If an objection is made under this Division, the Electoral Commissioner must notify the person whose enrolment is the subject of the objection (unless that person is the objector).(2) Notice under subsection (1):(a) must be in the approved form, and(b) may be given to the person by:(i) delivering it to the person personally, or(ii) sending it by post to the address specified by the person for the giving of notices or, if no such address is specified, the residential or business address of the person last known to the Electoral Commissioner, or(iii) sending it by facsimile transmission to the facsimile number of the person or by email to the email address of the person.(3) If the Electoral Commissioner is satisfied that an objection is frivolous or vexatious, the Electoral Commissioner may dismiss the objection without giving notice of objection under subsection (1) to the person whose enrolment is the subject of the objection.
The person whose enrolment is the subject of the objection may (unless that person is the objector), orally or in writing, in the prescribed manner, answer the objection.
(1) The Electoral Commissioner must determine the objection:(a) if notice is required to be given to the person whose enrolment is the subject of the objection:(i) as soon as practicable after:(A) receiving the answer of the person whose enrolment is the subject of the objection (if any), and(B) making any further enquiries that appear necessary to the Electoral Commissioner in relation to matters contained in the answer, or(ii) if no answer is received within a period of 21 days after the giving of the notice, then immediately after the expiration of that period, or(b) if no such notice is required to be given, as soon as practicable after making any further enquiries that appear necessary to the Electoral Commissioner.(2) If it appears to the Electoral Commissioner that the person whose enrolment is the subject of the objection is not entitled to be enrolled or is not entitled to be enrolled at the address in respect of which the objection has been made, the Electoral Commissioner must remove the person’s name from the roll.(3) The Electoral Commissioner must notify the objector and the person whose enrolment is the subject of the objection of the Electoral Commissioner’s determination.(4) Notice under subsection (3) may be posted to the person or persons concerned.
Division 4 Review of determination
(1) A person:(a) who has forwarded a claim for enrolment, or a claim for transfer of enrolment, to the Electoral Commissioner and has not been enrolled in accordance with that claim, or(b) whose name has been removed from a roll after an objection,may apply to the Local Court for an order directing that the person be enrolled or reinstated on the roll, as the case requires.(2) If an objection has been rejected by the Electoral Commissioner, the person who made the objection may apply to the Local Court for an order sustaining the objection.(3) An application must be made within one calendar month after the issue of:(a) in relation to an application under subsection (1) (a)—the notice of the rejection of the claim, or(b) in relation to an application under subsection (1) (b) or (2)—the notice of the determination of the objection,as the case requires.(4) In relation to an application under subsection (1) (b), the person whose name has been removed from a roll must serve the objector with notice of the application, and the objector so served may appear or may in writing authorise another person to appear on his or her behalf in the determination of the application.(5) The regulations may make provision for or with respect to applications under this section.
37 Power of Local Court to hear and determine applications for review
(1) The Local Court may hear and determine any application under this Division, and may make such order as it thinks fit as to costs, and any such costs may be recovered in the same manner as costs awarded in any other proceedings in the Local Court.(2) The relevant registrar of the Local Court is to send by post to the Electoral Commissioner a certified copy of the order of the Local Court, and the Electoral Commissioner is to correct the roll (if required) to give effect to the order.
Division 5 Inspection of rolls and provision of enrolment information
38 Electoral Commissioner to determine manner and form of access to rolls and enrolment information
(1) The Electoral Commissioner may determine the manner and form in which information is to be provided under this Division.(2) Without limiting subsection (1), the Electoral Commissioner may determine that the information is to be provided electronically or in electronic form.(3) If the Electoral Commissioner:(a) makes a copy of a roll available for public inspection in a particular form, or(b) gives a copy of a roll to a person in a particular form,the copy is, subject to section 39 (3), to be a copy of the most up-to-date version of the roll that is available in that form.(4) Information provided under this Division must not contain:(a) particulars of a silent elector’s residence, or(b) any prescribed particulars relating to an elector.Note. Section 31 provides for the exclusion of the address of an elector from the roll in certain circumstances.(5) A reference in this section to information being provided includes a reference to:(a) a copy of a roll being made available for public inspection, and(b) a copy of a roll or list of electors being given to a person.
(1) A copy of a roll for a district is to be available, at any time during ordinary office hours, for public inspection without fee at:(a) the office of the Commission, and(b) such other place or places as the Electoral Commissioner determines.(2) The Electoral Commissioner may make a copy of a roll available for public inspection without fee in any other way that the Commissioner considers appropriate.(3) The copy of a roll for a district to be available under this section is to be the copy of the roll as in force as at the time of the last Assembly general election or the last by-election for the district, whichever is the later.(4) A person inspecting a copy of a roll under this section is not entitled to use a device (such as a photocopier, camera, telephone, mobile phone, voice recorder or video recorder) to copy, record or transmit the contents of the roll or any part of the roll, but this subsection does not prevent a person taking hand-written notes of any of those contents.(5) A copy of a roll available under this section must not contain any particulars relating to a person’s occupation.
40 Provision of enrolment information to parties, members and candidates
(1) Registered parties
The Electoral Commissioner must provide to each registered party, free of charge, a list specifying electors and their particulars:(a) once each 4 years, and(b) as soon as practicable after the redistribution of the State into districts, and(c) on receiving a request from the registered officer of the party.(2) Members of Council
The Electoral Commissioner must provide to each member of the Council, free of charge, a list specifying electors and their particulars:(a) once each 4 years, and(b) as soon as practicable after the redistribution of the State into districts, and(c) on receiving a request from the member but not more than once each year.(3) Members of Assembly
The Electoral Commissioner must provide to each member of the Assembly, free of charge, a list specifying electors and their particulars for the district for which the member was elected:(a) once each 4 years, and(b) on receiving a request from the member but not more than once each year.(4) On a redistribution of the State into districts, the Electoral Commissioner must provide to each member of the Assembly, free of charge:(a) a list specifying electors for the district for which the member was elected, and(b) a list specifying electors for the district whose name and area are published under section 15 and that, in the opinion of the Commissioner, most resemble the district for which the member was elected,and their particulars:(c) as soon as practicable after the redistribution, and(d) on receiving a request from the member but not more than once each year.(5) At the request of a member of the Assembly but not more than 6 times each year, the Electoral Commissioner must provide to the member, free of charge:(a) a list specifying electors whose addresses for which they are enrolled were in the district represented by the member immediately before a list was last provided under this subsection but are no longer in that district, and(b) a list specifying electors whose addresses for which they are enrolled were not in the district represented by the member immediately before a list was last provided under this subsection but are now in that district,and their particulars.(6) Candidates for Council
At the request of any candidate for a periodic Council election, the Electoral Commissioner must provide to the candidate, free of charge, a list of electors and their particulars in a form determined by the Commissioner.(7) Candidates for Assembly
At the request of any candidate for an Assembly general election or by-election, the Electoral Commissioner must provide to the candidate, free of charge, a list of electors for the district for which the candidate is seeking election and their particulars in a form determined by the Commissioner.
41 Provision of enrolment information to others
(1) After receiving a request from any person not referred to in section 40 for a list of electors and their particulars, the Electoral Commissioner must:(a) identify the public interest in providing the requested information, and(b) make a finding whether or not the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information in the particular circumstances.(2) Subject to subsection (3), if the Electoral Commissioner has made a finding under subsection (1) that the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information, the Commissioner may:(a) provide to the person a list specifying electors and their particulars, and(b) charge a fee that covers the cost to the Commissioner of providing the list.(3) The Electoral Commissioner must obtain from the person to be provided with information under this section an undertaking that the person will:(a) only use the information for the purpose for which the Commissioner agreed to provide the information, and(b) not copy the information or give it to any other person, and(c) return the information to the Commissioner or destroy the information after using it for the purpose for which the Commissioner agreed to provide the information.(4) If the Electoral Commissioner provides enrolment information under this section:(a) to a person who conducts medical research, or(b) to a person who provides a health screening program,the Commissioner may include in the enrolment information the age ranges and sex of electors in a form determined by the Commissioner.(5) The Electoral Commissioner must make available for public inspection, free of charge, at the office of the Commission, any finding made under subsection (1) and the reasons for that finding.(6) A summary of any findings made under subsection (1) and the reasons for each of them during a year must be included in the annual report of the Commission relating to that year.
42 Use of enrolment information
(1) A registered party or other person must not use enrolment information that is provided by the Electoral Commissioner under section 40 or 41 except for a purpose that is a permitted purpose in relation to the party or person to whom the information was provided.Maximum penalty: 1,000 penalty units.
(2) The permitted purposes in relation to a registered party or a candidate are:(a) any purpose in connection with an election, and(b) monitoring the accuracy of information contained on a roll, and(c) any purpose prescribed by the regulations.(3) The permitted purposes in relation to a member of the Council are:(a) any purpose in connection with an election, and(b) monitoring the accuracy of information contained on a roll, and(c) exercising the functions of a member in relation to an elector.(4) The permitted purposes in relation to a member of the Assembly are:(a) any purpose in connection with an election, and(b) monitoring the accuracy of information contained on a roll, and(c) exercising the functions of a member in relation to the member’s constituents.(5) The permitted purpose in relation to a person (other than a registered party, a candidate or a member of the Assembly or the Council) is the purpose for which the Electoral Commissioner agreed to provide the information.(6) Proceedings for an alleged contravention of subsection (1) by a registered party that is not a corporation may be brought against the registered officer of the party in a representative capacity. The maximum penalty in that case is the maximum penalty applicable to a corporation.
43 Prohibition of disclosure or commercial use of enrolment information
(1) For the purposes of this section, enrolment information is protected information in relation to a person if the person knows, or has reasonable grounds for believing, that the information has been provided under section 40 or 41.(2) A person must not disclose protected information unless the disclosure would be a use of the information for a permitted purpose under section 42.(3) A person must not use protected information for a commercial purpose.(4) Without limiting subsection (3), protected information is used for a commercial purpose if it is sold or offered for sale.(5) Subsection (3) does not apply to the use of protected information provided under section 41 for a commercial purpose where that use is in accordance with or is implicit in the finding of the Electoral Commissioner under that section concerning the public interest in providing the information.Maximum penalty: 1,000 penalty units.
44 On-line access by an individual to information about the individual
(1) The Electoral Commissioner may provide internet on-line access to information contained in the roll for a district for the purpose of allowing an individual to ascertain whether or not he or she is correctly enrolled for the district.(2) The Electoral Commissioner may determine the manner and form in which information is to be available under this section.(3) The Electoral Commissioner must provide such security measures as the Commissioner considers necessary to ensure that information relating to an individual is available only to:(a) that individual, or(b) a person who is authorised by that individual to access that information.
45 Division does not affect arrangements with Commonwealth
Nothing in this Division applies in relation to the furnishing of information to the Australian Electoral Commission for the purposes of or in connection with an arrangement referred to in section 49.
Division 6 Collection of electoral information
46 Collection and maintenance of electoral information
(1) The Electoral Commissioner is to collect such information (electoral information) as the Electoral Commissioner considers necessary for the preparation, maintenance and revision of rolls and is to maintain and regularly update that information.(2) Without limiting subsection (1), the Electoral Commissioner may collect personal information (including a person’s telephone and email contact details and any other information or code used to identify a person) relating to a person for the purposes of determining the following:(a) whether the address for which the person is enrolled is the person’s real place of living,(b) if the person is not enrolled—whether the person is entitled to be enrolled for any district.(3) The Electoral Commissioner (and officers acting under the direction of the Electoral Commissioner) are exempt from any requirements of the Privacy and Personal Information Protection Act 1998 relating to the collection, use or disclosure of personal information to the extent that personal information is collected, used or disclosed for the purposes of or in connection with this section.(4) In this section, personal information has the same meaning as in the Privacy and Personal Information Protection Act 1998.
47 Persons who are to provide information
(1) The Electoral Commissioner may, by notice in writing, require any of the following persons, within the time and in the manner and form specified in the notice, to provide the information requested in the notice, being information that in the opinion of the Electoral Commissioner is required in connection with the preparation, maintenance or revision of rolls:(a) a person employed in a public sector service (within the meaning of the Public Sector Employment and Management Act 2002),(b) a police officer,(c) a member of staff of a council within the meaning of the Local Government Act 1993,(d) Sydney Water Corporation,(e) a distribution network service provider within the meaning of the Electricity Supply Act 1995,(f) a university established or constituted by an Act of New South Wales,(g) an elector or person entitled to be enrolled.(2) It is the duty of a person referred to in subsection (1) to comply with a notice under this section.(3) Without limiting subsection (1), the Electoral Commissioner may request:(a) information of a kind required by the Electoral Commissioner for any purpose relating to the rolls, or(b) information as is required to enable the Electoral Commissioner to detect:(i) persons or classes of persons who may be incorrectly enrolled, or(ii) persons or classes of persons (whether of particular ages or otherwise) who may be entitled to enrolment, or(iii) persons who, being 16 years but not 18 years of age, may be entitled to make claims under section 22 (2) (f) or (3) to have their names placed on a roll, or(iv) other persons or classes of persons who may be affected by this Part or regulations made for the purposes of this Part.(4) The regulations may make provision for or with respect to the collection of information by persons referred to in subsection (1) (a)–(c) on behalf of the Electoral Commissioner.Note. For example, a regulation may provide that Roads and Maritime Services in its application forms is to collect information such as mobile phone numbers and email addresses for the purposes of notifying electors under section 29.(5) The Privacy and Personal Information Protection Act 1998 does not apply in relation to the disclosure of personal information to the extent that the personal information is provided under this section to the Electoral Commissioner.(6) The Electoral Commissioner and officers acting under the direction of the Electoral Commissioner are exempt from any requirements of the Privacy and Personal Information Protection Act 1998 relating to the collection, use or disclosure of personal information to the extent that the personal information is provided under this section.
48 Privacy—non-disclosure of information
(1) A person who acquires information in the exercise of functions under this Division must not, directly or indirectly:(a) make a record of the information, or(b) divulge the information to another person,except in the exercise of functions under this Division.Maximum penalty: 50 penalty units.
(2) Despite subsection (1), information may be divulged:(a) to a particular person or persons, if the Electoral Commissioner certifies that it is necessary in the public interest that the information be divulged to the person or persons, or(b) to a person who is expressly or impliedly authorised to obtain it by the person to whom the information relates.(3) A person cannot be required:(a) to produce in any court any document or other thing that has come into the person’s possession, custody or control by reason of, or in the course of, the exercise of the person’s functions under this Division, or(b) to divulge to any court any information that has come to the person’s notice in the exercise of the person’s functions under this Division.(4) Despite subsection (3), a person may be required to produce a document or other thing in a court or to divulge information to a court if:(a) the Electoral Commissioner certifies that it is necessary in the public interest to do so, or(b) a person to whom the information relates (or to whom the information contained in the document or thing relates) has expressly authorised it to be divulged to or produced in the court.(5) A person or body to whom or which information is divulged under subsection (2), and a person or employee under the control of that person or body, are, in respect of that information, subject to the same rights, privileges and duties under this section as they would be if that person, body or employee were a person exercising functions under this Division and had acquired the information in the exercise of those functions.(6) (Repealed)(7) The annual report of the Commission is to include a report on any disclosure of information under subsection (2) (a) or (4) (a) during the reporting year.Note. Subsections (2) (a) and (4) (a) allow information to be divulged or documents or other things produced in a court if the Electoral Commissioner certifies that it is necessary in the public interest to do so.(8) In this section:court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
produce includes permit access to.
Note. Division 5 deals with public inspection of rolls and the provision of enrolment information to parties, members of parliament, candidates and members of the public.
49 Arrangement with Commonwealth
(1) The Governor may arrange with the Governor-General of the Commonwealth for either or both of the following:(a) a joint enrolment process,(b) the exchange of information necessary for the preparation, maintenance and revision of rolls,under this Act and the Commonwealth Act.(2) The Electoral Commissioner and officers acting under the direction of the Electoral Commissioner are exempt from any requirements of the Privacy and Personal Information Protection Act 1998 relating to the collection, use or disclosure of personal information to the extent that personal information is furnished to the Australian Electoral Commission:(a) for the purposes of or in connection with any arrangement referred to in this section, or(b) for any other purpose relating to rolls under this Act or the Commonwealth Act.
50 Witness to application must be satisfied of truth of statements
A person must not witness any claim for enrolment or transfer of enrolment unless the person:(a) is satisfied as to the identity of the claimant, and(b) has seen the claimant sign the claim, and(c) is satisfied that the statements contained in the claim are true.Maximum penalty: 10 penalty units.
A person who accepts the custody of a claim for enrolment or transfer of enrolment for transmission on behalf of any other person to the Electoral Commissioner must immediately transmit the claim to the Electoral Commissioner.Maximum penalty: 10 penalty units.
(1) If any accidental or unavoidable impediment, misfeasance or omission has happened in the preparation or transmission or printing of any roll under this Part, the Governor may by order:(a) take all such measures as may be necessary for removing the impediment or rectifying such misfeasance or omission, or(b) declare any such roll to be valid despite the impediment, misfeasance or omission.(2) Every such order must state specifically the nature of the impediment, misfeasance or omission and must be published in the Gazette.(3) Nothing in this section prevents the Electoral Commissioner exercising any of the Electoral Commissioner’s functions under any other provision of this Act in relation to the preparation and maintenance of rolls.
53–66(Repealed)