New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 50

50 Provision of enrolment information to other persons

(1) After receiving a request from any person not referred to in section 49 for a list of enrolled persons and their particulars, the Electoral Commissioner must--

(a) identify the public interest in providing the requested information, and

(b) make a finding on whether or not the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information in the particular circumstances.

(2) Subject to subsection (3), if the Electoral Commissioner has made a finding under subsection (1) that the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information, the Commissioner may--

(a) provide to the person a list specifying enrolled persons and particulars that, in the opinion of the Electoral Commissioner, are relevant to the person's request, and

(b) charge a fee that covers the cost to the Electoral Commissioner of providing the list.

(3) The Electoral Commissioner must obtain from the person to be provided with information under this section an undertaking that the person will--

(a) only use the information for the purpose for which the Electoral Commissioner agreed to provide the information, and

(b) not copy the information or give it to any other person, and

(c) return the information to the Electoral Commissioner or destroy the information after using it for the purpose for which the Electoral Commissioner agreed to provide the information.

(4) A person must not, without reasonable excuse, refuse or fail to comply with such an undertaking.

: Maximum penalty--1,000 penalty units.

(5) If the Electoral Commissioner provides enrolment information under this section--

(a) to a person who conducts medical research, or

(b) to a person who provides a health screening program,

the Electoral Commissioner may include in the enrolment information the age ranges and sex of enrolled persons in a form determined by the Electoral Commissioner.

(6) The Electoral Commissioner must publish any finding made under subsection (1) and the reasons for that finding on the Electoral Commission's website.

(7) A summary of any findings made under subsection (1) and the reasons for each of them during a year must be included in the annual report of the Electoral Commission relating to that year.