Country and Australian Electoral Commission

[2002] AATA 884

DECISION AND REASONS FOR DECISION [2002] AATA 884

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2001/837

GENERAL ADMINISTRATIVE DIVISION          )          
           Re      GARY COUNTRY  
  Applicant
           And    AUSTRALIAN ELECTORAL COMMISSION   
  Respondent

DECISION

Tribunal       Mr B J McCabe, Member  

Date4 October 2002

PlaceBrisbane

Decision      The Tribunal affirms the decision under review.          

....................(Sgd).....................
  Mr B J McCabe
  Member
CATCHWORDS
ELECTIONS – electoral roll – application for silent enrolment - whether inclusion of name on roll endangers the safety of the applicant or his family

Commonwealth Electoral Act 1918

REASONS FOR DECISION

4 October 2002       Mr B J McCabe, Member              

Introduction

1. Gary Country applied to the respondent for silent enrolment on the electoral roll. The respondent refused because it was not satisfied that including Mr Country's name on the roll endangered his safety or that of his family. Mr Country has appealed the decision.
   The Material Before the Tribunal

2. A hearing was set down on 8 July 2002 but the matter was ultimately dealt with on the papers. The Tribunal was provided with the documents under s 37 of the Administrative Appeals Tribunal Act 1975 which included the text of Mr Country's application for silent enrolment and the text of a statutory declaration that he provided in support of that application.
   The Facts in this Case

3. Mr Country completed an application for silent enrolment that was filed with the respondent on 12 July 2001. The application included a statement in support. It was very difficult to read. He referred to a dispute with Queensland Newspapers. He said he did not want any Murdoch newspapers delivered to his home address. He referred to legal action and said the matter had been referred to the Police. He also said threats had been made at his address, and that he had been verbally harassed. It was not ultimately clear who was making the threats, and I was unable to determine the specific content of the threats.
   The Relevant Legislation

4. Section 81 of the Commonwealth Electoral Act 1918 provides for the compilation of electoral rolls. The rolls contain prescribed information, including the name and address of each elector living in the division to which the roll relates: s 83. Electoral rolls are public documents, and they are ordinarily accessible to the public: s 90.

5. Some members of the public would prefer not to have their contact details accessible by others. Section 104(1) of the Act permits a person to apply for silent enrolment. If the application is accepted, the person's details are removed from the publicly accessible roll. But the grounds for granting an application are narrow. The section provides:

   "Where a person considers that having his or her address shown on the Roll for a Subdivision would place the personal safety of the person or of members of the person's family at risk, he or she may lodge with the claim for enrolment (including a provisional claim for enrolment) or transfer of enrolment a request, in the approved form, that his or her address not be entered on the Roll for the Subdivision for which enrolment is claimed."

1. It follows a person is not entitled to silent enrolment merely because they are involved in a dispute that does not raise concerns for their safety. A person may value their privacy, but they are not entitled to silent enrolment for that reason alone.

2. Section 104(3) says the respondent must be satisfied a threat to the safety of the applicant or his family has been made out before it can accede to a request for silent enrolment. The respondent says the information provided by the applicant does not allow it to be satisfied of a threat to the applicant's safety. I agree. This appears to be a dispute with Queensland Newspapers. Although there are references to threats and harassment and calling the police, there is no evidence of a threat of physical harm.

3. If Mr Country is concerned about the commercial practices of Queensland Newspapers, and wishes to argue that Queensland Newspapers is harassing him, his proper recourse is to the Australian Competition and Consumer Commission. The Commission administers the Trade Practices Act 1974. That legislation includes specific prohibitions against harassment and coercion in connection with the supply of possible supply of goods or services to a consumer.
   Conclusion

4. The decision under review is affirmed.

   I certify that the 9 preceding paragraphs are a true copy of the reasons for the decision herein of Mr B J McCabe, Member

   Signed:         Sarah Oliver
     Associate

   The Matter was Heard on the Papers
   Date of Decision  4 October 2002

   The Applicant Represented Himself
   For the Respondent                 Mr Spellman, Australian Electoral Commission