New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The Electoral Commissioner may, by order, declare that an elector is a special elector for the purposes of this Schedule (a
"special elector" ) if--(a) the elector has been convicted of an offence against section 212(1)(b), or(b) the Electoral Commissioner has reasonable grounds to suspect that the elector has contravened section 212(1)(b) (whether or not the elector has been convicted of an offence for the contravention).
(2) The Electoral Commissioner must notify the elector in writing of a declaration under subclause (1).
(3) A declaration under subclause (1) (a) ceases to have effect if the elector's conviction is quashed on appeal.
(1) An elector may complain to the Electoral Commissioner regarding a declaration made under clause 1 (1) (b).
(2) A complaint made by an elector must--(a) be in writing and in the approved form, and(b) be signed by the elector, and(c) set out the ground of the complaint.
(1) The Electoral Commissioner is to investigate a complaint made under this Part.
(2) After investigating the complaint, the Electoral Commissioner may--(a) revoke the declaration, or(b) refuse to revoke the declaration.
(3) The Electoral Commissioner is to give the complainant written notice of the Electoral Commissioner's decision under this clause and the reasons for the decision.
(4) The Electoral Commissioner may exclude information from a notice under subclause (3) if the Electoral Commissioner is satisfied that there is an overriding public interest against the disclosure of the information (within the meaning of the Government Information (Public Access) Act 2009 ).
An elector who has made a complaint under this Part may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision of the Electoral Commissioner regarding the complaint.
The Electoral Commissioner must ensure that any authorised roll or list of electors prepared under this Act is marked to show that the elector is a special elector.
(1) A special elector is not permitted to vote in an election except in accordance with this clause.
(2) A special elector at a voting centre in a district, whose name appears on the authorised roll for the district, but is marked to show that the elector is a special elector, may apply to an election official to vote as a special elector at the voting centre.
(3) If--(a) a special elector is at a voting centre that is not designated for the electoral district for which the elector claims to be enrolled, and(b) the special elector's name appears on the authorised roll for the district for which the elector is enrolled, but is marked to show that the elector is a special elector,the special elector may apply to an election official to vote as an absent special elector at the voting centre.
(4) The special elector must give the following information to the election official at the voting centre--(a) the special elector's name,(b) the special elector's date of birth,(c) the electoral district for which the special elector claims to be enrolled.
(5) The election official may, if he or she thinks fit, and at the request of any scrutineer must, put to the special elector any of the questions set out in section 128 that are applicable to the case.
(6) If the special elector answers the questions satisfactorily, or if no questions are put to him or her, the special elector is to be permitted to vote after making a declaration in the approved form before an election official at the voting centre.
(7) For an absent special elector, a single declaration may be approved for both this clause and section 135 (Absent voters).