New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 118

118 Procedure for voting in mobile voting centres

(1) An election official at a declared facility may, on any day appointed by the Electoral Commissioner for the operation of the mobile voting centre at the declared facility, enter into and remain in the declared facility for the purpose of enabling electors to vote in accordance with this section.

(2) A mobile voting centre is to be used to give an opportunity to vote to every elector who--

(a) is for the time being resident in the declared facility in which the voting centre is situated, and

(b) by reason of illness or infirmity, or, (without limitation) in the case of a woman, by reason of approaching maternity, is unable to attend at the voting centre to record the elector's vote, and

(c) has, by message to the voting centre manager, requested an opportunity to vote at the mobile voting centre (a
"voting request message" ).

(3) A member of staff of a declared facility given a voting request message must deliver the message to the voting centre manager, unless otherwise ordered by a registered medical practitioner, or a manager or other person in charge of the declared facility, on medical grounds.

: Maximum penalty--5 penalty units.

(4) If a voting request message is received by the voting centre manager, the voting centre manager is to direct the election official in charge of a mobile voting centre to give the elector an opportunity to vote by visiting the elector at some time before the close of voting.

(5) On any such visit--

(a) the election official must take with him or her the ballot box provided for the voting centre, and

(b) the election official is to be accompanied by another election official and such of the scrutineers appointed in respect of the voting centre as choose to accompany him or her, and

(c) the elector's vote is, so far as is reasonably practicable, to be taken in all respects as if the vote were recorded in a voting centre under usual conditions.

(6) A visit must not be made under this section if such a visit is forbidden, on medical grounds, by a registered medical practitioner or a manager or other person in charge of the declared facility.

(7) The following provisions have effect for the purpose of enabling electors voting at a declared facility to peruse registered how-to-vote cards--

(a) When or immediately after handing a ballot paper for an election to an elector under this section, the election official must--

(i) ask the elector if the elector wishes to view any registered how-to-vote cards applicable to the election, and

(ii) if the elector gives a positive response, permit the elector to peruse any relevant registered how-to-vote cards relating to the election for the district concerned in the possession of the election official (including on any electronic device), and

(iii) provide the elector with assistance, as far as practicable, in locating a particular how-to-vote card, if the elector requests assistance for that purpose.

(b) The election official must allow any such registered how-to-vote card in the possession of the election official (including on any electronic device) to be inspected by any scrutineer at the declared facility.

(8) Subsection (7) does not have effect in relation to a declared facility if no relevant registered how-to-vote cards are available for perusal at the facility.

(9) In this section,
"registered how-to-vote card" means a how-to-vote card that--

(a) is registered as electoral material under Subdivision 6 of Division 14 (the application for which indicated that the how-to-vote card should be available for perusal by voters at declared facilities), and

Note : See section 199 (8).

(b) complies with the approved requirements (if any), and

(c) complies with any additional requirements prescribed by the regulations.