New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 45

45 Persons who are to provide information

(1) The Electoral Commissioner may, by notice in writing, require any of the following persons, within the time and in the manner and form specified in the notice, to provide the information requested in the notice, being information that in the opinion of the Electoral Commissioner is required in connection with the maintenance and revision of the Electoral Information Register--

(a) a person employed in the government sector (within the meaning of section 3 of the Government Sector Employment Act 2013 ),

(b) a police officer,

(c) a member of staff of a council within the meaning of the Local Government Act 1993 ,

(d) Sydney Water Corporation,

(e) Hunter Water Corporation,

(f) a distributor within the meaning of the Electricity Supply Act 1995 ,

(g) a university established or constituted by an Act of New South Wales,

(h) an enrolled person or person entitled to be enrolled.

(2) It is the duty of a person referred to in subsection (1) to comply with a notice under this section.

(3) Without limiting subsection (1), the Electoral Commissioner may request--

(a) information of a kind required by the Electoral Commissioner for any purpose relating to the enrolment of electors, or

(b) such information as is required to enable the Electoral Commissioner to detect--

(i) persons or classes of persons who may be incorrectly enrolled, or

(ii) persons or classes of persons (whether of particular ages or otherwise) who may be entitled to enrolment, or

(iii) persons who, being 16 years but not 18 years of age, may be entitled to make applications to be enrolled, or

(iv) other persons or classes of persons who may be affected by this Part or regulations made for the purposes of this Part.

(4) The regulations may make provision for or with respect to the collection of information by persons referred to in subsection (1) (a)-(c) on behalf of the Electoral Commissioner.

Note : For example, a regulation may provide that Transport for NSW in its application forms is to collect information such as mobile phone numbers and email addresses for the purposes of notifying electors under section 34.

(5) The Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 do not apply in relation to the disclosure of personal information or health information to the extent that the information is provided under this section to the Electoral Commissioner.

(6) The Electoral Commissioner and officers acting under the direction of the Electoral Commissioner are exempt from any requirements of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 relating to the collection, use or disclosure of personal information or health information to the extent that the information is provided under this section.