New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 55

55 Privacy--non-disclosure of information

(1) A person who acquires information in the exercise of functions under Division 5 must not, directly or indirectly--

(a) make a record of the information, or

(b) divulge the information to another person,

except in the exercise of functions under this Part.

: Maximum penalty--1,000 penalty units.

(2) Despite subsection (1), information may be divulged--

(a) to a particular person or persons, if the Electoral Commissioner certifies that it is necessary in the public interest that the information be divulged to the person or persons, or

(b) to a person who is expressly or impliedly authorised to obtain it by the person to whom the information relates.

(3) A person cannot be required--

(a) to produce in any court any document or other thing that has come into the person's possession, custody or control by reason of, or in the course of, the exercise of the person's functions under Division 5, or

(b) to divulge to any court any information that has come to the person's notice in the exercise of the person's functions under Division 5.

(4) Despite subsection (3), a person may be required to produce a document or other thing in a court or to divulge information to a court if--

(a) the Electoral Commissioner certifies that it is necessary in the public interest to do so, or

(b) a person to whom the information relates (or to whom the information contained in the document or thing relates) has expressly authorised it to be divulged to or produced in the court.

(5) A person or body to whom or which information is divulged under subsection (2), and a person or employee under the control of that person or body, are, in respect of that information, subject to the same rights, privileges and duties under this section as they would be if that person, body or employee were a person exercising functions under Division 5 and had acquired the information in the exercise of those functions.

(6) The annual report of the Electoral Commission is to include a report on any disclosure of information under subsection (2) (a) or (4) (a) during the reporting year.

Note : Subsections (2) (a) and (4) (a) allow information to be divulged or documents or other things produced in a court if the Electoral Commissioner certifies that it is necessary in the public interest to do so.

(7) In this section--

"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

"produce" includes permit access to.

Note : Divisions 6 and 7 deal with public inspection of authorised rolls and lists of electors and the provision of enrolment information to parties, members of Parliament, candidates and other persons.