New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 35

35 Enrolment by Electoral Commissioner in response to application

(1) The Electoral Commissioner, on receiving an application for enrolment, subject to subsection (6), must--

(a) if the application is in order and the Electoral Commissioner is satisfied that the applicant is entitled to be enrolled--

(i) enrol the person, and

(ii) notify the person in writing that he or she has been enrolled, and

(b) in a case where the person is already correctly enrolled--notify the person in writing that, in the Electoral Commissioner's opinion, the person's existing enrolment is correct, and

(c) if the application is not in order or the Electoral Commissioner is not satisfied that the person is entitled to be enrolled--notify the person in writing that his or her application has been rejected.

(2) The Electoral Commissioner, on receiving an application for a change of address, subject to subsection (6), must--

(a) if the application is in order and the Electoral Commissioner is satisfied that the applicant is entitled to be enrolled in respect of the new address specified in the application--

(i) change the person's enrolment details to record the person's new address as the person's enrolled address, and

(ii) notify the person in writing that the person's enrolment details have been so changed, and

(b) in a case where the person is already correctly enrolled--notify the person in writing that, in the Electoral Commissioner's opinion, the person's existing enrolment details are correct, and

(c) if the application is not in order or the Electoral Commissioner is not satisfied that the person is entitled to be enrolled--notify the person in writing that his or her application has been rejected.

(3) A notification in writing by the Electoral Commissioner under this section may be made by email, SMS text message or other electronic means if the applicant has consented in the application to communication by that means.

(4) A notice of a decision given to a person by the Electoral Commissioner under subsection (1) (b) or (c) or (2) (b) or (c) is to include--

(a) a statement of the reasons for the decision, and

(b) a statement advising the person that--

(i) the person is entitled to make a complaint to the Electoral Commissioner regarding the enrolment of the person or the failure to enrol the person, and

(ii) if the person is dissatisfied by the handling of that complaint, the person may apply to the Civil and Administrative Tribunal for an administrative review of the decision of the Electoral Commissioner regarding the complaint.

(5) 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.

(6) 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.