10AAProtection of sensitive enrolment records

### 10AA Protection of sensitive enrolment records > [*\[Section 10AA Inserted by No. 60 of 2008, s. 4, Applied:16 Dec 2008\]*](/view/html/inforce/2008-12-16/act-2008-060#GS4@EN) > > > (1)  The procedures referred to in [section 10(7)](#GS10@Gs7@EN) are not to be taken as including a requirement for the Electoral Commissioner to – > > > > > > (a) divulge the existence or contents of any sensitive enrolment record to any person; or > > > > > > > (b) give any person an opportunity to comment on any sensitive enrolment record or its contents. > > > (2)  A court must not, under the [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) or otherwise, make an order impugning an enrolment decision on the ground that the Electoral Commissioner – > > > > > > (a) did not divulge to a person the existence or contents of any sensitive enrolment record taken into account in making the decision; or > > > > > > > (b) did not give a person an opportunity to comment on any sensitive enrolment record taken into account in making the decision or on the contents of any such record. > > > (3)  For the purposes of [subsection (2)](#GS10AA@Gs2@EN) , an order of a court is taken to impugn an enrolment decision if the order – > > > > > > (a) quashes the decision or sets it aside; or > > > > > > > (b) varies the decision; or > > > > > > > (c) remits the decision to the Electoral Commissioner, with or without directions, for further consideration or remaking; or > > > > > > > (d) contains any adverse declaration about the legality or fairness of the decision or the process by which it was arrived at; or > > > > > > > (e) stays or defers the implementation of the decision. > > > (4)  This section applies to every enrolment decision made after the commencement of the [Aboriginal Lands Amendment Act 2008](/view/html/inforce/2026-04-12/act-2008-060) , even if the decision – > > > > > > (a) relates to a Preliminary Roll or Roll in respect of which, immediately before that commencement, proceedings of any kind were in progress; or > > > > > > > (b) is in substitution for an enrolment decision made before that commencement. > > > (5)  In this section – > > > > > ***enrolment decision*** means any decision of the Electoral Commissioner under [section 10](#GS10@EN) ; > > > > > ***proceedings*** include – > > > > > > > > (a) appeals under [section 10(7)](#GS10@Gs7@EN) ; and > > > > > > > > > (b) applications for orders of review under the [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) ; and > > > > > > > > > (c) applications for any form of equitable relief; > > > > > ***sensitive enrolment record*** means a record – > > > > > > > > (a) which is provided to the Electoral Commissioner by any person for or in connection with the preparation of a Preliminary Roll or Roll; and > > > > > > > > > (b) which the Electoral Commissioner in good faith believes is regarded by that person as being a record of a personally sensitive or confidential nature.