New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 30

30 Enrolment by Electoral Commissioner in response to a claim

(1) The Electoral Commissioner, on receiving a claim for enrolment, or a claim for transfer of enrolment, on a roll for a district, subject to subsection (4), must:

(a) if the claim is in order and the Electoral Commissioner is satisfied that the claimant is entitled to be enrolled for the district:

(i) enrol the person for the district, and

(ii) 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, and

(iii) in the case of a claim for a transfer of enrolment from the roll for another district-delete the name of the person from that other roll, and

(b) in a case where the person is already correctly enrolled for the district for which the person claimed enrolment-notify the person in writing (including by email, SMS text message or other electronic means) that, in the Electoral Commissioner’s opinion, the person’s existing enrolment is correct, and

(c) if the claim is not in order or the Electoral Commissioner is not satisfied that the person is entitled to be enrolled for that district-notify the person in writing that his or her claim has been rejected.

(2) A notice of a decision given to a person by the Electoral Commissioner under subsection (1) (b) or (c) is to include:

(a) a statement of the reasons for the decision, and

(b) a statement advising the person that the person is entitled at any time within one calendar month after the issue of the notice to apply to the Local Court for an order directing that the person’s name be enrolled for the district.

(3) 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.

(4) The regulations may make provision for or with respect to the giving of notice by the Electoral Commissioner to an elector of his or her enrolment and the signing of that notice by the elector.