New South Wales Electoral Commission Explained

Agency Name:New South Wales
Electoral Commission
Formed:October 2006
Preceding1:State Electoral Office
Minister1 Name:Chris Minns
Minister2 Name:John Graham
Minister1 Pfo:Premier of New South Wales[1]
Minister2 Pfo:Special Minister of State
Jurisdiction:New South Wales
Chief1 Name:Rachel McCallum
Chief1 Position:Electoral Commissioner[2]
Employees:236 (2023–24)[3]
Budget:$192.82 million (2024)
Keydocument1:Electoral Act 2017
Keydocument2:Constitution Act 1902
Keydocument3:Local Government Act 1993
Keydocument4:Electoral Funding Act 2018
Keydocument5:Lobbying of Government Officials Act 2011[4]

The New South Wales Electoral Commission, known as the NSWEC or the NSW Electoral Commission is a statutory agency with responsibility for the administration, organisation, and supervision of elections in New South Wales. It reports to the NSW Department of Premier and Cabinet.

Responsibilities

The NSW Electoral Commission is responsible for the administration, organisation and supervision of elections in New South Wales for state government, local government, industrial and Aboriginal organisations, as well as registered clubs and statutory bodies. It also manages the enrolment of electors and prepares electoral rolls. It also regulates the electoral environment in New South Wales, investigating possible offences and enforcing breaches of electoral, funding and disclosure, and lobbying laws

The Electoral Districts Redistribution Panel determines electoral boundaries conducting a redistribution, which provides for an approximate equal number of electors in each electoral district with a margin of allowance of plus or minus 10% of the average enrolment. The panel is made up of the Electoral Commissioner, in conjunction with a Judge of the Supreme Court and the Surveyor-General, who review and consider advice prior to determining electoral boundaries. To help carry out its functions, legislation allows the Redistribution Panel to use the staff of the NSW Electoral Commission. Electoral boundaries are reviewed after every second election or more frequently when required under legislation.[5]

History

Until October 2006, the Commission was known as the State Electoral Office.[6]

The Commission was initially responsible for the administration of the Parliamentary Electorates and Elections Act 1912 until the Electoral Act 2017 came into force. The Commission's work is guided by the Electoral Act 2017, Electoral Regulation 2018, Local Government Act 1993, Local Government (General) Regulation 2021, Constitution Act 1902, Electoral Funding Act 2018, Electoral Funding Regulation 2018, Lobbying of Government Officials Act 2011, Lobbying of Government Officials (Lobbyists Code of Conduct) Regulation 2014, Aboriginal Land Rights Act 1983, City of Sydney Act 1988, Industrial Relations Act 1996, Registered Clubs Act 1976, Privacy and Personal Information Protection Act 1998, Government Information (Public Access) Act 2009, Public Finance and Audit Act 1983, Government Sector Employment Act 2013, and the Government Sector Finance Act 2018.

In March 2022, the NSW Electoral Commission announced that it would not use the iVote online voting system for the 2023 state election, following technical glitches during the 2021 local elections. Advocates for blind and low-vision people in Australia subsequently accused the Commission of unlawful discrimination over the removal of the accessible voting platform.[7]

See also

Notes and References

  1. Schedule 1
  2. Appointment of Rachel McCallum as NSW Electoral Commissioner . 4 December 2024 . 27 November 2024 . nsw.gov.au . Special Minister of State . 4 December 2024 . https://web.archive.org/web/20241204074929/https://www.nsw.gov.au/media-releases/appointment-of-rachel-mccallum-as-nsw-electoral-commissioner . live.
  3. Annual report NSW Electoral Commission 2023–24 . https://web.archive.org/web/20241204075932/https://elections.nsw.gov.au/getmedia/9a8f3834-c78f-43f5-b634-4399134b4f84/nsw-electoral-commission-annual-report-2023-24.pdf . 34 . NSW Electoral Commission . 4 December 2024 . 4 December 2024 . live . 31 October 2024 . 1835-3282 . Elizabeth Street, Sydney NSW.
  4. Web site: Our legislative framework. 22 August 2024 . NSW Electoral Commission . 5 August 2024 . live . https://web.archive.org/web/20240805155800/https://elections.nsw.gov.au/about-us/legislation .
  5. Web site: Electoral boundaries . 22 August 2024 . https://archive.today/20240822062655/https://elections.nsw.gov.au/elections/how-voting-works/electoral-boundaries . live . 17 June 2013 . NSW Electoral Commission.
  6. Web site: SEO Information . dead . https://archive.today/20130810203712/http://web.archive.org/web/20041121020949/http://www.seo.nsw.gov.au/seo_information/ . 10 August 2013 . 6 November 2006 . State Electoral Office.
  7. News: Blind advocates allege NSW's removal of online voting system is a breach of human rights. 31 July 2022. The Guardian. 1 August 2022 . Knaus . Christopher . 22 August 2024 . https://web.archive.org/web/20240822054745/https://www.theguardian.com/australia-news/2022/aug/01/blind-advocates-allege-nsws-removal-of-online-voting-system-is-a-breach-of-human-rights . live.