New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 111

111 Use of prescribed premises as voting centres

(1) The Electoral Commissioner may, with the approval of the Secretary of the Cabinet Office, use a room or hall in a prescribed premises in a district as a voting centre (other than a room or hall used exclusively for religious services or residential purposes) for no cost (other than those payable under this section) if the Electoral Commissioner--

(a) is of the opinion that the room or hall is necessary to enable the Electoral Commissioner to properly conduct the election in the district because of the room or hall's features (eg wheelchair accessibility) or one or more voting centres in the district have become unavailable due to fire, flood or other emergency, and

(b) has, after reasonable endeavours, been unable to obtain the use of an alternative room or hall in the district for voting centres.

(2) The Electoral Commissioner must give the following notice of the Electoral Commissioner's intention to use the room or hall to the managers, trustees or owners of the prescribed premises--

(a) in the case of a by-election--1 month's notice,

(b) in the case of a general election--3 months notice.

(3) However, if--

(a) due to an emergency, a voting centre for an election cannot be used, and

(b) the room or hall sought to be used by the Electoral Commissioner is not being used for any other purpose on the day or days concerned,

the Electoral Commissioner may give notice under subsection (2) of a period that is reasonable in the circumstances.

(4) The Electoral Commissioner must pay--

(a) reasonable costs for lighting, heating, air conditioning and cleaning of the prescribed premises, and

(b) if, as a result of using the premises as a voting centre, the premises or any furniture in the premises is damaged, the full costs of repairing the damage.

(5) If there is a dispute between the Electoral Commissioner and the managers, trustees or owners of the prescribed premises about the amount payable under subsection (4), the matter is to be determined by the Local Court.

(6) Despite section 8 of the Land Acquisition (Just Terms Compensation) Act 1991 , the use of premises under this section is not an acquisition to which that Act applies.

(7) In this section,
"prescribed premises" means the following premises--

(a) schools, kindergartens, colleges, TAFE or other educational establishments,

(b) community centres or church halls,

(c) local council or Rural Fire Service building or facilities,

(d) hospitals, nursing homes, retirement villages or similar facilities,

(e) club buildings (including registered club and surf club buildings),

(f) Scout or Girl Guide buildings,

(g) premises of a kind prescribed by the regulations.