Division 9114A Application for a postal vote certificate and postal ballot paper
(1) An elector who:(a) will not throughout the hours of polling on polling day be within the State,(b) will not throughout the hours of polling on polling day be within eight kilometres by the nearest practicable route of any polling booth open for the purposes of an election,(c) will throughout the hours of polling on polling day be travelling under conditions which will preclude him or her from voting at any polling booth,(d) is seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any polling booth to vote, or, in the case of a woman, will, by approaching maternity, be precluded from attending at any polling booth to vote,(d1) 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 polling booth to vote,(e) is, by reason of his or her membership of a religious order or his or her religious beliefs:(i) precluded from attending at a polling booth, or(ii) precluded from voting throughout the hours of polling on polling day or throughout the greater part of those hours,(f) 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 polling booth to vote,(g) will, by reason of being engaged for fee, gain or reward in any work throughout the hours of polling on polling day, be precluded from attending at any polling booth to vote,(h) is a silent elector,(i) is a person with a disability (within the meaning of the Anti-Discrimination Act 1977), or(j) believes that attending a polling place on polling day will place the personal safety of the person or of members of the person’s family at risk,may make an application for a postal vote certificate and a postal ballot paper to the Electoral Commissioner.(2) An application under subsection (1) shall:(a) be in or to the effect of the approved form and specify the ground on which the elector is making the application.(b)–(d) (Repealed)(2AA) (Repealed)(2A) An elector who has made an application under subsection (1) shall, notwithstanding that the application complies with subsection (2), be entitled to a postal ballot paper and postal vote certificate only if the application is received by the Electoral Commissioner:(a) in the case of an application sent from within Australia, before 6 pm on the third day preceding polling day, or(b) in the case of an application sent from outside Australia, before 6 pm on the fifth day preceding polling day.(2B) A person shall not persuade or induce or associate with any person in persuading or inducing any person to make application for a postal vote certificate and postal ballot paper.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(3) An elector shall not make, and a person shall not induce an elector to make, any false statement in an application for a postal vote certificate and postal ballot paper, or in the declaration contained in such application.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(4) An application under subsection (1) may be made to the Electoral Commissioner through the Commission’s website in accordance with the directions of the Commission.
(1) In this section:prescribed elector means:
(a) an elector whose real place of living is not within 20 kilometres, by the nearest practicable route, of a polling place,(a1) if the regulations so provide, an elector who will not be within the State during any particular period,(b) an elector who:(i) is a patient in a hospital (not being a hospital that is a polling place), and(ii) by reason of being seriously ill or infirm, is unable to travel from the hospital,(c) an elector who:(i) is not a patient in a hospital, and(ii) by reason of being seriously ill or infirm, is unable to travel from the place where he or she resides,(c1) an elector who, because he or she will be at a place (other than a hospital) caring for a person who is seriously ill or infirm, is unable to travel from that place to a polling place,(d) an elector who is being kept in a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999),(e) an elector who is enrolled pursuant to a claim made under section 27 (6),(f) an elector whom an Australian medical practitioner has certified, in writing, to be so physically incapacitated that the elector cannot sign the elector’s name,(g) an elector who is a silent elector,(g1) an elector who is a person with a disability (within the meaning of the Anti-Discrimination Act 1977), or(h) an elector who, because of his or her religious beliefs or membership of a religious order:(i) is precluded from attending a polling booth, or(ii) for the greater part of the hours of polling on polling day, is precluded from attending a polling booth.(2) A prescribed elector may apply in the approved form to the Electoral Commissioner to be a general postal voter for the district for which the elector is enrolled.(3) The Electoral Commissioner, in response to an application under this section:(a) may:(i) accept the application and grant the elector general postal voter status, or(ii) reject the application, and(b) must advise the person in writing of that decision.(4) An application under subsection (2) in relation to an elector to whom paragraph (e) or (f) of the definition of prescribed elector in subsection (1) applies may be made by another person acting on behalf of the elector.(5) The certificate referred to in paragraph (f) of the definition of prescribed elector in subsection (1) is to be lodged with the application under subsection (2) to which it relates.(6) The Electoral Commissioner may determine that an elector to whom paragraph (a1) of the definition of prescribed elector in subsection (1) applies is granted general postal voter status only during the period that the elector has specified as the period during which the elector will not be within the State.(6A) (Repealed)(7) The Electoral Commissioner may withdraw general postal voter status from an elector in such circumstances as are prescribed.(8) A person must not make, and a person must not induce another person to make, any false statement in, or in connection with, an application under subsection (2) or in any declaration contained in, or made in connection with, such an application.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(9) An elector who is a registered general postal voter under the Commonwealth Act is taken to be a general postal voter under this Act.(10)–(18) (Repealed)
114AB Dispatch of ballot papers to general postal voters
The Electoral Commissioner shall, as soon as practicable after the issue of the writ for an election to be held in a district, deliver or post to each elector who is, on that day, a general postal voter for the district:(a) a postal vote certificate printed on an envelope addressed to the returning officer, and(b) one postal ballot paper for a periodic Council election, or one postal ballot paper for an Assembly general election or by-election, or both, as the case requires.
(1) Subject to subsection (2) an elector whose name appears on the roll for the State of New South Wales, on the Commonwealth roll for any other State, on the roll for the Australian Capital Territory or on the roll for the Northern Territory of Australia is an authorised witness for the purposes of this Act.Outside Australia the following persons are also authorised witnesses for the purposes of this Act:
(a) an officer of the naval, military or air forces of the Commonwealth or of some other part of the Queen’s dominions,(b) a person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth or of a part of the Queen’s dominions,(c) a justice of the peace for or a minister of religion or medical practitioner resident in a territory of the Commonwealth or a part of the Queen’s dominions,(d) an Australian citizen.(1A) (Repealed)(2) A person is not eligible to be an authorised witness at or in connection with an election if he or she is a candidate at the election.
(1) An authorised witness shall not witness the signature of any elector to an application for a postal vote certificate and postal ballot paper unless:(a) he or she has satisfied himself or herself as to the identity of the applicant,(b) he or she has seen the applicant sign the application, and(c) he or she knows that the statements contained in the application are true, or has satisfied himself or herself by inquiry from the applicant or otherwise that the statements contained in the application are true.Maximum penalty: 5 penalty units.
(2) The authorised witness witnessing the signature of any elector to an application for a postal vote certificate and postal ballot paper shall sign his or her name in his or her own handwriting on the application in the space provided for the purpose, and shall add his or her address and the date.(3) (Repealed)
114D Issue of certificate and ballot paper
(1) Where the Electoral Commissioner receives an application made in accordance with section 114A, he or she shall deliver or post to the elector who made the application:(a) a postal ballot paper that is in or to the effect of the form prescribed in Schedule 4 or postal ballot papers one of which is in or to the effect of the form prescribed in Schedule 4 and the other of which is in or to the effect of the form prescribed in Schedule 4A, as the case may require, and(b) an envelope bearing:(i) the address of the returning officer for the district for which the elector has declared that he or she is enrolled, and(ii) a postal vote certificate that is in or to the effect of the prescribed form.(2) Before delivering or posting a ballot paper for an election for the Assembly under subsection (1), the Electoral Commissioner shall, if the particulars of the candidates are not already printed thereon, enter on the ballot paper:(a) the name of the electoral district for which the elector has declared that he or she is enrolled, and(b) the names of the candidates for that district in the order in which those names were drawn by ballot held pursuant to section 82A, and(c) if required by Division 6B, the names of registered parties or the word “Independent”.(3) (Repealed)
114E Retention of applications
(1) The Electoral Commissioner must ensure that all applications for postal vote certificates and postal ballot papers for an election (and, in relation to applications made through the Commission’s website, records of such applications) are kept securely until the latest of the following:(a) the period of 6 months after the day of polling has expired,(b) the period during which the validity of the election may be disputed under this Act has expired,(c) if a petition has or petitions have been filed under section 155—the Court of Disputed Returns has determined the matters referred to in the petition or petitions,(d) if the Electoral Commissioner has consented to the use of the papers and materials in the parcels for research or analysis—the conclusion of that research or analysis.(2) On the expiry of the Electoral Commissioner’s obligation under subsection (1), he or she may cause those applications and records to be destroyed.
114F Postal ballot papers to be initialled
No postal ballot paper is to be delivered or posted to any elector without being first initialled by an election official (by hand or by electronic or mechanical means) on the front of the ballot paper, and an exact count must be kept of all initialled postal ballot papers.
114H Directions for postal voting
(1) The following directions for regulating voting by means of postal ballot papers are to be substantially observed:(a) The elector shall exhibit his or her postal ballot paper (in blank) and his or her postal vote certificate to an authorised witness.(b) The elector shall there and then, in the presence of the authorised witness, sign his or her name on the postal ballot certificate in the place provided for the signature of the voter, unless the elector became a general postal voter pursuant to an application made under section 114AA as an elector to whom paragraph (e) or (f) of the definition of prescribed elector in section 114AA (1) applies.Note. Paragraphs (e) and (f) of the definition of prescribed elector refer to persons who are physically incapacitated.(b1) The elector is to insert the date on the postal vote certificate, in the place provided for the date.(c) The authorised witness shall then and there sign his or her name in his or her own handwriting on the postal vote certificate in the place provided for the signature of the authorised witness, and shall add the title under which he or she acts as an authorised witness and the date.(d) (Repealed)(e) The elector shall then and there in the presence of the authorised witness, but so that the authorised witness cannot see the vote:(i) mark his or her vote on the ballot paper in the manner directed on the ballot paper,(ii) fold the ballot paper so that the vote cannot be seen,(iii) place the ballot paper in the envelope addressed to the returning officer and fasten the envelope.After the envelope has been fastened the elector shall forthwith post or deliver it or cause it to be posted or delivered to the returning officer.
(f) If the elector’s sight is so impaired, or the elector is otherwise so physically incapacitated or so illiterate, that he or she cannot vote without assistance, a person appointed by the elector shall mark the elector’s vote on the ballot paper in the presence of the authorised witness, and shall then and there fold the ballot paper so that the vote cannot be seen, place it in the envelope addressed to the returning officer, fasten the envelope, and hand it to the voter who shall forthwith post or deliver it or cause it to be posted or delivered, to the returning officer:Provided that if no person is appointed by the elector, the authorised witness, if so requested by the elector, shall take the action required by this paragraph to be taken by a person appointed by the elector, and in taking such action shall mark the ballot paper according to the instructions of the elector.
(g) The authorised witness shall not, otherwise than pursuant to a request made by the elector in accordance with paragraph (f), look at or make himself or herself acquainted with the vote given by the elector, and, except as provided in paragraph (f), shall not suffer or permit any person (other than the elector) to see or become acquainted with the elector’s vote or to assist the elector to vote or to interfere in any way with the elector in relation to his or her vote.(1A) Without limiting the generality of the proviso to subsection (1) (f), an elector to whom the proviso applies may indicate to the authorised witness the manner in which the elector wishes the authorised witness to mark the elector’s ballot paper for the elector by presenting to the authorised witness a statement in writing (which may be, or include, a how-to-vote card) that specifies the manner in which the ballot paper is to be marked.(2) Notwithstanding anything contained in this section, in any case in which a postal ballot paper, if posted prior to the close of the poll, as provided in paragraph (e) or paragraph (f) of subsection (1), would not reach the returning officer for the district in respect of which the elector claims to be enrolled before the end of the period of 4 days immediately succeeding the close of the poll, or if delivered as provided in paragraph (e) or paragraph (f) of that subsection, would not reach that returning officer before the close of the poll, the envelope in which the ballot paper is enclosed may be addressed to, and posted or delivered to, any other returning officer, or may be delivered on polling day to any polling place manager, and the returning officer or the polling place manager, as the case may be, shall deal with it in the prescribed manner.
114I Duty of authorised witness
Every authorised witness shall:(a) comply with the preceding section in so far as it is to be complied with on his or her part,(b) see that the directions in the preceding section are complied with by every elector voting by post before him or her, and by every person present when the elector votes, and(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him or her.An authorised witness shall not influence or attempt to influence, in any way, the vote of an elector voting by post before him or her.
An authorised witness who has discharged the functions prescribed by section 114H in relation to an elector, shall not persuade or induce the elector to hand to him or her for posting or delivery the envelope containing the postal ballot paper, but nothing contained in this paragraph shall be construed to prohibit an authorised witness from posting or delivering any such envelope at the request of the elector.
Any person contravening any of the provisions of this section shall be liable to a penalty not exceeding 10 penalty units.
114J Penalty for unlawfully marking etc ballot paper
(1) No person other than:(a) the elector to whom the postal ballot paper has been issued, or(b) a person appointed by the elector or an authorised witness acting in pursuance of paragraph (f) of subsection (1) of section 114H, assisting an elector whose sight is so impaired, or who is otherwise so physically incapacitated or so illiterate, that he or she cannot vote without assistance,shall mark a vote upon the ballot paper.Any person contravening any of the provisions of this subsection shall be liable to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding six months.
(2) No person other than the returning officer for the district in which an applicant, to whom a postal ballot paper has been issued, claimed to be enrolled or an election official acting under his or her directions shall open the envelope in which the postal ballot paper has been placed and which has been fastened in accordance with section 114H.Maximum penalty: 5 penalty units.
(3) Any person to whom an application for a postal vote certificate and postal ballot paper or an envelope containing or purporting to contain a postal ballot paper is entrusted by an elector for the purpose of posting or delivery to a returning officer or delivery to a polling place manager and who fails to post or deliver forthwith the application or envelope, shall be guilty of an offence.Maximum penalty: 10 penalty units.
114K Duty of persons present when an elector votes by post
Any person present when an elector is before an authorised witness for the purpose of voting by post shall:(a) obey all directions of the authorised witness, and(b) except as provided in paragraph (f) of subsection (1) of section 114H:(i) refrain from making any communication whatever to the elector in relation to his or her vote,(ii) refrain from assisting the elector or in any manner interfering with him or her in relation to his or her vote, and(iii) refrain from looking at the elector’s vote or from doing anything whereby he or she may become acquainted with the elector’s vote.(c), (d) (Repealed)Maximum penalty: 10 penalty units.
114L Preliminary scrutiny of postal ballot papers
At the scrutiny the returning officer or an election official assigned by the returning officer shall produce unopened all envelopes containing postal votes received up to 6 pm on the fourth day immediately succeeding the close of the poll by him or her, or received up to the close of the poll by any other returning officer or any polling place manager in pursuance of section 114H (2), and shall:(a) (Repealed)(b) if he or she is satisfied that:(i) the postal vote certificate has been properly signed by the elector who made the application for the certificate,(ii) the signature on the certificate purports to have been witnessed by an authorised witness,(iii) in the case of a certificate that was delivered, the certificate was delivered before the close of the poll,(iv) in the case of a certificate that was posted, the certificate was completed before the close of the poll, and(v) the elector is enrolled for the district for which he or she claimed to be enrolled,accept the ballot paper for further scrutiny, but if he or she is not so satisfied, disallow the ballot paper without opening the envelope,(c) withdraw from the envelopes bearing the postal vote certificates all postal ballot papers accepted for further scrutiny, and, without inspecting or unfolding the ballot papers or allowing any other person to do so, place them in a sealed ballot box by themselves for further scrutiny, and(d) proceed with the scrutiny of the postal ballot papers which have been accepted for further scrutiny by removing them from the ballot box in which they were placed in accordance with paragraph (c) and:(i) by opening any of those ballot papers relating to an election for the Assembly and allowing and counting those which are formal and disallowing and rejecting those which, by virtue of section 122, are informal, and(ii) by opening any of those ballot papers relating to a periodic Council election and counting the votes recorded for each candidate.(e) (Repealed)
114M Postal and absent voters’ ballot papers not to be informal because of certain omissions or mistakes
A postal ballot paper or an absent voter’s ballot paper shall not be informal because in the case of any candidate his or her surname only has been written thereon if no other candidate has the same surname, or by reason of any mistake in spelling, if the elector has made clear his or her intention.
114N Spoilt postal ballot paper
If an elector to whom a postal ballot paper has been issued, satisfies the Electoral Commissioner that he or she has spoilt his or her postal ballot paper by mistake or accident, he or she may on giving it up, receive a new postal ballot paper from the Electoral Commissioner, who shall cancel and preserve the spoilt ballot paper.
114O Assistance for returning officer
A returning officer may be assisted by other election officials in the exercise of his or her functions under this Division (except section 114L), and a reference in this Division (except section 114L) to a returning officer includes a reference to other election officials so assisting him or her.