New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 29

29 Enrolment by Electoral Commissioner on Electoral Commissioner’s initiative

(1) If the Electoral Commissioner, at any time, believes that a person who is not enrolled for any district is entitled to be enrolled for a district, the Electoral Commissioner may notify the person concerned in writing (including by email, SMS text message or other electronic means) that:

(a) the Electoral Commissioner believes that the person should be enrolled for that district, and

(b) the Electoral Commissioner will enrol the person for that district unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner’s belief is incorrect (and gives the reasons why that is so).

(2) If no notification is made by the person under subsection (1) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is entitled to be enrolled for the district, the Electoral Commissioner is to:

(a) enrol the person for the district, and

(b) notify the person in writing (including by email, SMS text message or other electronic means) that he or she has been enrolled for that district.

(3) If the Electoral Commissioner, at any time, believes that a person is incorrectly enrolled for a district (the "first district"), but that the person is entitled to be enrolled for another district (the "second district"), the Electoral Commissioner may notify the person concerned in writing (including by email, SMS text message or other electronic means) that:

(a) the Electoral Commissioner believes that the person should not be enrolled for the first district, but should be enrolled for the second district, and

(b) the Electoral Commissioner will:

(i) remove the person’s name from the roll of the first district, and

(ii) enrol the person for the second district,

unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner’s belief is incorrect (and gives the reasons why that is so).

(4) If no notification is made by the person under subsection (3) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is incorrectly enrolled for the first district, but is entitled to be enrolled for the second district, the Electoral Commissioner is to:

(a) remove the person’s name from the roll for the first district, and

(b) enrol the person for the second district, and

(c) notify the person in writing (including by email, SMS text message or other electronic means) of that transfer of enrolment.

(5) If the Electoral Commissioner, at any time, believes that a person who is enrolled for a district is not entitled to be enrolled for that district, the Electoral Commissioner may notify the person concerned in writing (including by email, SMS text message or other electronic means) that:

(a) the Electoral Commissioner believes that the person should not be enrolled for that district, and

(b) the Electoral Commissioner will remove the person’s name from the roll for the district unless the person, within the period specified in the notice (being not less than 7 days), notifies the Electoral Commissioner that the Electoral Commissioner’s belief is incorrect (and gives the reasons why that is so).

(6) If no notification is made by the person under subsection (5) (b) within the specified period or, despite any such notification made within that period, the Electoral Commissioner still believes that the person is not entitled to be enrolled for the district, the Electoral Commissioner is to:

(a) remove the person’s name from the roll for the district, and

(b) notify the person in writing (including by email, SMS text message or other electronic means) that his or her name has been removed from the roll for that district.

(7) The Electoral Commissioner may exercise the functions under subsections (1)-(6) on the Electoral Commissioner’s own initiative.

(8) Without limiting subsections (1)-(6), the Electoral Commissioner may form a belief by:

(a) consulting electoral enrolment details on any roll kept under the Commonwealth Act, and

(b) consulting and using information collected under Division 6.

Note: The Electoral Commissioner may use information collected under Division 6, from bodies such as Roads and Maritime Services and the Registry of Births, Deaths and Marriages, to enrol persons or update their enrolment details.

(9) Nothing in this section prevents the Electoral Commissioner enrolling a person for a district during the period of any election, including after the issue of the writ for the election.

Note: If a person has been enrolled for a district by the Electoral Commissioner under this section and the person believes that the person is not entitled to be enrolled for that district or is enrolled in relation to an incorrect address, the person may object to the person’s own enrolment under section 32.
Alternatively, if the person is entitled to be enrolled for another district or in relation to another address, the person could simply complete and lodge a claim for enrolment or a claim for transfer of enrolment.