New South Wales Consolidated Regulations

PARLIAMENTARY ELECTORATES AND ELECTIONS REGULATION 2008 - SCHEDULE 1

SCHEDULE 1 – Forms

(Clause 3 (2))

Form 1 - Notice of proposed alterations of electoral districts

(Clause 4 (a))

Notice of proposed alterations of electoral districts

( Parliamentary Electorates and Elections Act 1912 (Section 14))

THE Electoral Districts Commissioners give notice that it is proposed to alter the (or certain of the) electoral districts of New South Wales by constituting, instead of those electoral districts, new electoral districts, with the names and boundaries described in the first column of the Appendix.

Suggestions or objections in relation to any of the proposed alterations will be received by the Commissioners at their Sydney office. All suggestions or objections must be in writing, and must be received at the office of the Commissioners within 30 days after the date of the publication in the Gazette of this notice.

A written statement of the Commissioners’ reasons for making the proposed alterations will be available for inspection at no cost during office hours at the office of the New South Wales Electoral Commission for the period of 30 days after publication in the Gazette of this notice.

Notice of proposed alterations of electoral districts

Appendix

(signed)
Electoral Districts Commissioners

Form 2 - Notice of proposed alterations of electoral districts

(Clause 4 (b))

Notice of proposed alterations of electoral districts

( Parliamentary Electorates and Elections Act 1912 (Section 14))

THE Electoral Districts Commissioners give notice that it is proposed to alter the (or certain of the) electoral districts of New South Wales by constituting, among others, a certain new electoral district (or certain new electoral districts), with the names and boundaries described in the Gazette of (date), and marked on maps that may be inspected at the office of the New South Wales Electoral Commission, at the offices of the local councils of the local government areas within current or proposed boundaries, and on the Commission’s internet website [details may be inserted here].

Suggestions or objections in relation to any of the proposed alterations will be received by the Commissioners at their Sydney office. All suggestions or objections must be in writing, and must be received at the office of the Commissioners within 30 days after the date of the Gazette notification.

A written statement of the Commissioners’ reasons for making the proposed alterations will be available for inspection at no cost during office hours at the office of the New South Wales Electoral Commission for the period of 30 days after publication of the Gazette notification.

(signed)
Electoral Districts Commissioners

Form 3 - Claim to be included in a group (including request for group voting square)

(Clause 8 (1))

Claim to be included in a group (including request for group voting square)

( Parliamentary Electorates and Elections Act 1912 (Section 81C))

To the Electoral Commissioner:

Pursuant to section 81C (1) of the Parliamentary Electorates and Elections Act 1912 , we, the undersigned candidates nominated for the periodic Legislative Council election to be held on (date), claim to have our names included in a group in the ballot papers to be used in that election and to have our names included in that group in the order specified hereunder.

Pursuant to section 81C (1A) of that Act, we also request a group voting square for the group on the ballot papers to be used in that election 1.

Pursuant to section 81C (6) of that Act, we nominate the following group of candidates for the purposes of section 129EB of that Act: 2

Date:

Note:

1 Strike out if inapplicable. A request for a group voting square may only be made if there are at least 15 candidates in the group.

2 Strike out if inapplicable. The nomination is to be made for a group that has also requested a group voting square. A second preference vote is taken to be recorded for the nominated group on all ballot papers on which only a first preference vote is recorded for the group to which this claim relates if that group ceases to have 15 candidates because of the operation of section 81C (5) of that Act. Alternatively, the nomination may be made to the Electoral Commissioner within 24 hours after the close of nominations by the candidates in the group (or, on their behalf, by the first candidate in the group or the registered officer of the registered party that has endorsed all or any of the candidates).

3 The signature of the candidate must appear opposite the candidate’s name to signify consent to the inclusion of the name in the group and to the order in which the candidates’ names are included in the group, and to any request or nomination in this form.

(For Office use only)

Form 4 - Withdrawal of claim to be included in a group

(Clause 8 (2))

Withdrawal of claim to be included in a group

( Parliamentary Electorates and Elections Act 1912 (Section 81C))

To the Electoral Commissioner:

Pursuant to section 81C (3) of the Parliamentary Electorates and Elections Act 1912 , we, the undersigned candidates nominated for the periodic Legislative Council election to be held on (date), withdraw the claim made by us pursuant to section 81C (1) of that Act to have our names included in a group in the order specified hereunder.

Note:

1 The signature of the candidate must appear opposite the candidate’s name to signify consent to the withdrawal of the claim.

Date:

(For Office use only)

Form 5 - Form of ballot paper for Council elections with more than 33 groups

(Clause 12)

Form 6 - Child-related conduct declaration

(Clause 13)

Child-related conduct declaration

( Parliamentary Electorates and Elections Act 1912 (Section 81L))

Notice to candidates

As part of the nomination process, all candidates for the Legislative Assembly and the Legislative Council are required by the Parliamentary Electorates and Elections Act 1912 to make a child-related conduct declaration.
You are required to:

□ read the Notice to candidates and the Attachment,

□ sign the Notice to candidates acknowledging that you have read the Notice and the Attachment,

□ complete and sign Part A,

□ if required to because of an answer given in Part A-complete and sign Part B,

□ return the declaration to the New South Wales Electoral Commission with your nomination form and deposit.

• any conviction against you for a child sexual offence, which includes (but is not limited to) offences against children involving sexual activity or acts of indecency punishable by 12 months or more imprisonment, child pornography offences or offences involving child abuse material (within the meaning of Division 15A of Part 3 of the Crimes Act 1900 ) if punishable by 12 months or more imprisonment and similar offences committed outside New South Wales (see the definition set out in the Attachment),

• any conviction against you for child murder,

• any criminal proceedings ever commenced against you for child murder or child sexual offences. This includes criminal charges laid against you that were subsequently withdrawn for any reason or which did not lead to a conviction. This also includes proceedings where you were found not guilty or where your conviction was subsequently quashed on appeal,

• any relevant apprehended violence order which has ever been made by a court against you, being an order made on the application of a police officer or other public official, for the protection of a child from sexual activity or acts of indecency.

1 have read and understood the information above and in the Attachment, and

2 consent to the criminal records check using the National CrimTrac Database being carried out.

(a) an offence involving sexual activity or acts of indecency that was committed in New South Wales and that was punishable by penal servitude or imprisonment for 12 months or more, and that was committed against, with or in the presence of a child (including a child pornography offence or an offence involving child abuse material (within the meaning of Division 15A of Part 3 of the Crimes Act 1900 )that is so punishable), or

(b) an offence involving sexual activity or acts of indecency that was committed elsewhere and that would have been an offence punishable by penal servitude or imprisonment for 12 months or more if committed in New South Wales, and that was committed against, with or in the presence of a child (including a child pornography offence or an offence involving child abuse material (within the meaning of Division 15A of Part 3 of the Crimes Act 1900 )that is so punishable), or

(c) an offence under section 80D or 80E of the Crimes Act 1900 , where the person against whom the offence is committed is a child, or

(d) an offence under sections 91D-91G of the Crimes Act 1900 (other than if committed by a child prostitute) or a similar offence under a law other than a law of New South Wales, or

(e) an offence under section 91H, 578B or 578C (2A) of the Crimes Act 1900 or a similar offence under a law other than a law of New South Wales, or

(f) an offence an element of which is an intention to commit an offence referred to in the preceding paragraphs, or

(g) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in the preceding paragraphs.

(a) occurred in a public place, and

(b) would not have constituted an offence in New South Wales if the place were not a public place.

Candidate declaration

Part A

Note: (Answer questions 1-4 by ticking the relevant box in black pen)

1	Have you ever been convicted of a child sexual offence*?□ No□ Yes
2	Have you ever been convicted of the murder of a child?□ No□ Yes
3	Have any criminal proceedings* ever been commenced against you for the murder of a child, or for a child sexual offence*, other than proceedings relating to a conviction disclosed under questions 1 or 2?□ No□ Yes
4	Have you ever had a relevant apprehended violence order* made against you?□ No□ Yes

In completing this declaration, you should have regard to the
*See the Notice to candidates for the meaning of these terms. In particular, a
I DECLARE THAT the answers I have made in this Part to questions 1-4 state the matters required to be stated under section 81L (1) of the Parliamentary Electorates and Elections Act 1912 .

Surname

Given names

Signature of candidate

Date:

Part B

Note: (Print using BLOCK letters in black pen)

I DECLARE THAT the following list identifies all convictions, proceedings or orders in my current name and any former name that I am required to identify under section 81L (2) of the Parliamentary Electorates and Elections Act 1912 :

1 Convictions for child murder and/or child sexual offences, including findings of guilt where no conviction was recorded, and name under which those convictions were recorded:

2 Criminal proceedings for child murder and/or child sexual offences, and name under which those charges were laid:

(a) Charges laid against me that are currently before the courts:

(b) Charges laid against me but withdrawn before or during trial:

(c) Charges for which I was tried but found not guilty at trial:

(d) Charges for which I was tried and convicted but found to be not guilty on appeal:

(e) Charges for which I was found guilty but for which I was subsequently pardoned:

(f) Any other charges or indictments not declared in the above categories:

3 Relevant apprehended violence orders, and name under which those orders were made:






(Please attach a further sheet if additional space is required.)

Surname

Given names

Signature of candidate

Date:

Form 7 - Declaration of person of the Jewish persuasion objecting to vote on Saturday or day of a Jewish fast or festival

(Clause 14 (b))

Declaration of person of the Jewish persuasion objecting to vote on Saturday or day of a Jewish fast or festival

( Parliamentary Electorates and Elections Act 1912 (Section 109))

I, (full name), am of the Jewish persuasion, and object on religious grounds to voting in the manner provided by the Parliamentary Electorates and Elections Act 1912 .

Note: This declaration may be made orally or in writing to an election official.

Forms 8-15

Form 16 - Postal vote certificate

(Clause 27)

Postal vote certificate

( Parliamentary Electorates and Elections Act 1912 (Section 114D))

Application No:

Electoral district of (place) Roll No:

Subject to the Parliamentary Electorates and Elections Act 1912 , (name) is entitled to vote by post at the election to be held on (date)

Date of issue: (date)

Signature of Electoral Commissioner or issuing returning officer:

State electoral district of:

Postal vote certificate

Certificate of voter

I certify that the “signature of voter” hereunder is written by me with my own hand in the presence of the authorised witness. I declare I am entitled in accordance with the above Act to vote at this election as a postal voter.

Signature of voter: (Signature or mark of elector)

Postal vote certificate

Certificate of authorised witness

I certify that the “Certificate of voter” was signed by the voter in my presence at (place) on the (date), and I act as an authorised witness:

(Strike out whichever clauses do not apply)

(1) as an elector on the electoral roll for the State of New South Wales, or

(2) as an elector on the Commonwealth electoral roll for the State or Territory of (place), or (if outside Australia)

(3) under the following title:

Signature of authorised witness:

Name of authorised witness: (Print in capital letters)

Address of authorised witness:

Note: The “Instructions for Postal Voters” should be carefully read by the witness before completing this declaration.

Forms 17, 18

Form 19 - Registration of party-declaration of party membership

(Clause 33)

Registration of party-declaration of party membership

( Parliamentary Electorates and Elections Act 1912 (Section 66D))

To the Electoral Commissioner:

I, (Print full name in BLOCK letters, as enrolled) of (Insert place of living as appearing on Electoral roll) born (Insert date of birth) declare that I am a member of the following political party: (Insert full name of the party as registered or to be registered) and I consent to that party relying on my membership for the purposes of the party qualifying for registration under the Parliamentary Electorates and Elections Act 1912 .

Signature of party member:

Date:

Note:

1 Each declaration of membership must be completed by (or at the direction of) the party member concerned and then signed by the member. Particulars to be completed are to be written by hand at the same time the form is signed. Each declaration of membership is to be made on a separate sheet of paper.

2 The Electoral Commissioner may, in order to verify the requirements for registration of a party, request a person who signs a declaration of membership to confirm that the person is a member of the party and that the person completed and signed the form.

Form 20 - Registration of party-annual return

(Clause 34)

Registration of party-annual return

( Parliamentary Electorates and Elections Act 1912 (Section 66HA))

To the Electoral Commissioner:

Annual return for(year)

of:(name of party as appearing on Register of Parties)

1. All the members of the party on whom the party relies to continue to be eligible for registration under Part 4A of the Parliamentary Electorates and Elections Act 1912 are still members of the party.

2. Annexure “A”, pages 1 to, shows members of the party who are members on whom it relies to continue to be eligible for registration (in place of former members of the party shown in the annexure). The remainder of the members on whom the party relies are still members of the party.

3. Annexure “B”, pages 1 to, shows the changes that have occurred in the names or addresses of members of the party on whom it relies to continue to be eligible for registration.

I,
(print full name in BLOCK letters)
the registered officer of the above party, do solemnly and sincerely declare that I have made all reasonable inquiries to verify the above information and that the information is, to the best of my knowledge and belief, correct, and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900 .

Sworn by the deponent on(date)

(For Office use only)

Date of receipt of annual return:

Signature of Electoral Commissioner:

Registration of party-annual return

Annexure “A”

The following list specifies in Column A those former members of the party on whom it previously relied for continued registration. Column B specifies the list of members instead of those former members on whom the party now wishes to rely for continued registration. The remainder of the members on whom the party relies are still members of the party.

Note: A Declaration of Party Membership (Form 20) completed by each replacement member specified in Column B on whom the party relies is to be attached.

Registration of party-annual return

Annexure “B”

The following list specifies the former names and/or addresses of members of the party on whom it relies to continue to be eligible for registration. Where a member on whom the party relies for continued registration has changed their name, their address, or both, detail these changes below.

Form 21 - Penalty notice for failure to vote

(Clause 36 (1))

Penalty notice for failure to vote

( Parliamentary Electorates and Elections Act 1912 (Section 120C))

Electoral district: (place) No on roll:

If penalty is not paid or reason is not given within 28 days, court proceedings may be taken against you.

Name and address of elector:

You are notified that electoral records show that you appear to have failed to vote at the election held on:

Under section 120F of the Parliamentary Electorates and Elections Act 1912 the maximum penalty for failing to vote is 0.5 penalty units.

If you consider you have a sufficient reason for your failure to vote you should return this notice with any explanation you may wish to offer.

Alternatively, you may dispose of the matter by:

1 Paying a penalty of $25 to the Electoral Commissioner within 28 days of the date of this notice, or

2 Having the matter dealt with by a Court, where the maximum penalty is 0.5 penalty units plus court costs.

Procedure for payment of penalty or offer of explanation

Deliver or post the penalty or the explanation to the Electoral Commissioner.

[Here insert the methods by which payment may be made.]

Part payment of this penalty cannot be accepted

Penalty for any person giving a false reason for failure to vote is 0.5 penalty units.

This form must be forwarded with your payment or explanation.

Indicate if receipt is required.

Electoral Commissioner:

Date: