Victorian Consolidated Legislation

Local Government Act 1989 - SECT 24C

Provision of voters' rolls

24C. Provision of voters' rolls



(1) The Chief Executive Officer must only provide a copy of a voters' roll to
a person in accordance with this section.

(2) On the request of any candidate for an election, the Chief Executive
Officer must provide to the candidate, free of charge, a copy of the voters'
roll for the ward or municipal district for which the candidate has nominated,
in a form determined by the Chief Executive Officer.

(3) A candidate must-

   (a)  only use a copy of a voters' roll provided under subsection (2) for
        the purpose of conducting the election campaign; and

   (b)  within the period of 30 days after the day of the election, either
        destroy the copy of the voters' roll and any copies made from it or
        return the copy of the voters' roll and any copies made from it to the
        Chief Executive Officer.

Penalty: 20 penalty units.



(4) On the request of any person or organisation, the Chief Executive Officer
may only provide a copy of the voters' roll to the person or organisation for
a permitted purpose-

   (a)  in a form determined by the Chief Executive Officer; and

   (b)  subject to any conditions determined by the Chief Executive Officer;
        and

   (c)  upon payment of the fee determined by the Chief Executive Officer.

(5) A permitted purpose for the purposes of subsection (4) is-

   (a)  any purpose connected with an election;

   (b)  any purpose connected with communicating with or surveying
        constituents in relation to council functions;

   (c)  the conduct of a poll of voters;

   (d)  subject to the approval of the Privacy Commissioner, any other public
        interest purpose.

(6) A permitted purpose under paragraph (a), (b) or (c) of subsection (5) is
restricted to use by the Council or on behalf of the Council or on behalf of a
candidate.

(7) If a request is for a permitted purpose to which subsection (5)(d)
applies, the Chief Executive Officer must forward the request to the Privacy
Commissioner.

(8) The Privacy Commissioner may approve a proposed use as a public interest
purpose if the Privacy Commissioner is satisfied that the public interest
involved in the proposed use outweighs the public interest in protecting the
privacy of personal information in the particular circumstances.

(9) In considering the request, the Privacy Commissioner may have regard to-

   (a)  the public interest involved in the proposed use of the voters' roll;
        and

   (b)  the public interest in protecting the privacy of personal information;
        and

   (c)  any alternative sources of information that would be available.

(10) If the Privacy Commissioner does not approve a proposed use as a public
interest purpose, the Chief Executive Officer must reject the request for a
copy of the voters' roll to be used for that purpose.

(11) A person or organisation that is provided with a copy of the voters' roll
under subsection (4) must-

   (a)  only use the copy of the voters' roll for the permitted purpose for
        which the voters' roll was provided; and

   (b)  within the period specified in the conditions subject to which the
        voters' roll was provided, either destroy the copy of the voters' roll
        and any copies made from it or return the copy of the voters' roll and
        any copies made from it to the Chief Executive Officer.

Penalty: 20 penalty units.

(12) The Chief Executive Officer must not provide particulars of any person
whose request that their address not be shown has been accepted.