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]

(1)  The procedures referred to in section 10(7) 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 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) , 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 , 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