Part 12Reviews and Court of Disputed Returns

Part 12—Reviews and Court of Disputed Returns Division 1—Reviews 100—Reviewable decisions (1) The following are reviewable decisions for the purposes of this Division: (a) a decision by the Electoral Commissioner or an officer as to the enrolment of any claimant for enrolment; or (b) a decision by an electoral registrar on an objection to the enrolment of an elector on a roll; or (c) a decision by the Electoral Commissioner as to the registration of a political party; or (ca) a decision by the Electoral Commissioner as to the registration of a how‑to‑vote card; or (d) a decision of a prescribed class taken under this Act by the Electoral Commissioner or an officer. (2) A person has, for the purposes of this Division, a proper interest in a reviewable decision if— (a) he or she is the person on whose claim or application the decision was taken; or (b) he or she objected, in accordance with this Act, to the claim or application in respect of which the decision was made, or the decision was made on his or her objection; or (c) his or her rights under this Act are directly affected by the decision; or (d) he or she is a person of a prescribed class. 101—Review by Electoral Commissioner or Tribunal (1) A person who has a proper interest in a reviewable decision may seek a review of the decision by— (a) the Electoral Commissioner; or (b) the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. (2) An application for review must be made within one month after the person receives notice of the decision. (3) The following provisions apply in relation to a review by the Electoral Commissioner: (a) the Electoral Commissioner may, if satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an application for review be made within the period fixed by subsection (2); (b) the application for review must be in writing and set out in detail the grounds for the application; (c) the Electoral Commissioner must afford the applicant and all other persons with a proper interest in the decision the opportunity to make submissions, orally or in writing, on the review; (d) the Electoral Commissioner must, after considering all submissions— (i) affirm the reviewable decision; or (ii) rescind the decision and substitute a decision that the Electoral Commissioner considers appropriate. (4) This section does not limit the powers of the Tribunal under the South Australian Civil and Administrative Tribunal Act 2013. Division 2—Disputed elections and returns 102—Method of disputing elections The validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns and not otherwise. 103—The Court of Disputed Returns (1) The Supreme Court is the Court of Disputed Returns. (2) The jurisdiction of the Supreme Court, when sitting as the Court of Disputed Returns under this Act, is exercisable by a single judge. 104—Requisites of petition (1) A petition disputing an election or return must— (a) set out the facts relied on to invalidate the election or return; (b) set out the relief to which the petitioner claims to be entitled; (c) be signed by a candidate at the election in dispute or by a person who was qualified to vote at the election; (d) be attested by 2 witnesses whose occupations and addresses are stated; (e) be filed in the Court within 40 days after the return of the writ. (2) At the time of filing the petition, the petitioner must deposit with the Registrar of the Supreme Court $200 as security for costs. 105—Respondents to petitions The Electoral Commissioner and the person who was the successful candidate at the relevant election are both respondents to any petition in which the validity of an election or return is disputed. 106—Principles to be observed (1) The Court is to be guided by good conscience and the substantial merits of each case without regard to legal forms or technicalities. (2) The Court is not bound by the rules of evidence. 107—Orders that the Court is empowered to make (1) The Court may make any of the following orders: (a) an order that a person found by the Court not to have been duly elected cease to be a member of the Legislative Council or the House of Assembly (as the case may require); (b) an order that a person found by the Court to have been duly elected (but not returned as elected) take his or her seat as a member of the Legislative Council or the House of Assembly (as the case may require); (c) an order declaring an election void and requiring a new election to be held. (2) The Court may award costs against an unsuccessful party to the petition. (3) An election will not be declared void on the ground of— (a) a defect in a roll or certified list of electors; or (b) an irregularity in, or affecting, the conduct of the election, unless the Court is satisfied on the balance of probabilities that the result of the election was affected by the defect or irregularity. (4) An election may be declared void on the ground of the defamation of a candidate but only if the Court of Disputed Returns is satisfied, on the balance of probabilities, that the result of the election was affected by the defamation. (5) An election may be declared void on the ground of misleading advertising but only if the Court of Disputed Returns is satisfied, on the balance of probabilities, that the result of the election was affected by that advertising. (6) An election may be declared void on the ground of a breach of section 109, 110 or 111 in accordance with the following provisions: (a) if the Court of Disputed Returns finds, either on the basis of a conviction or on the balance of probabilities, that the successful candidate, or a person acting on behalf of the successful candidate with the successful candidate's knowledge, has committed such a breach, then the Court may declare the election to be void whether or not it is satisfied that the result of the election was affected by the breach; (b) if the Court of Disputed Returns finds, on the balance of probabilities, that the breach was committed without the successful candidate's knowledge, then the Court may declare the election to be void only if satisfied, on the balance of probabilities, that the result of the election was affected by the breach. (7) An election may be declared void on the ground of a breach of section 130ZA if the Court of Disputed Returns finds, on the balance of probabilities, that the result of the election was affected by the breach. 108—Decisions to be final All decisions of the Court are final, conclusive and without appeal, and may not be questioned in any way.