New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 34

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.