What it does
The Electoral Act 2017 (NSW) is the principal statute governing the conduct of parliamentary elections in New South Wales. At its core, it establishes a comprehensive framework for the independent administration of elections to the Legislative Assembly and Legislative Council, ensuring they are accessible, transparent, and free from undue influence. The Act's objects, set out in s 3, explicitly aim to constitute an independent Electoral Commission and Commissioner (s 3(a)), promote an electoral system characterised by accessibility, integrity, and fairness (s 3(b)), provide for fair redistribution of electoral districts (s 3(c)), facilitate the integrity of representative government (s 3(d)), enable free citizen participation (s 3(e)), ensure fair conduct of elections (s 3(f)), and guide participants on their rights and obligations (s 3(g)).
Structurally, the Act is divided into 10 Parts. Part 1 (Preliminary) contains definitions (s 4) and interpretive provisions, such as determining residence (s 5) and circumstances in which an elector is "unable to attend" a voting centre (s 6, listing 12 specific scenarios including illness, religious beliefs, or safety risks). Part 2 establishes the Electoral Commission as a statutory corporation (s 8) with three members—a former judge as Chairperson, the Electoral Commissioner, and a financial/audit expert (s 9)—and delineates its functions, including administering elections, the Electoral Funding Act 2018, lobbying regulation, and research (s 10). The Commissioner handles day-to-day administration, enrolment, and rolls (s 12), with independence from ministerial direction emphasised (ss 10(4), 12(4)).
Part 3 provides for redistribution of Assembly districts via an independent Redistribution Panel (s 17, comprising a judge, the Commissioner, and Surveyor-General). The process is iterative and public: the Panel invites suggestions and comments (s 22), prepares draft determinations after demographic advice (s 23), holds hearings (s 26), and finalises boundaries having regard to equality of enrolment (within 10% variance), community interests, geography, and existing boundaries (s 21, cross-referencing ss 28 and 28A). Final determinations are proclaimed by the Governor (s 29).