DHCD and Electoral Commissioner (Cth)

The Administrative Appeals Tribunal reviewed a decision concerning the enrolment of an applicant on the Commonwealth Electoral Roll. The applicant sought review of an internal review decision made by the Electoral Commissioner (Cth) regarding their enrolment at a specific address.

The primary legal issue before the Tribunal was whether the applicant was correctly enrolled at the address in question, specifically 34/497 Wickham Terrace, Spring Hill, QLD 4000. This involved determining if the applicant actually resided at that address, as required for enrolment under the relevant legislation.

The Tribunal accepted the respondent's submission that the decision under review should be set aside. The Tribunal reasoned that the applicant did not, in fact, live at the address of 34/497 Wickham Terrace, Spring Hill, QLD 4000. Consequently, the Tribunal set aside the delegate's decision to enrol the applicant at that address and substituted a decision that the applicant not be enrolled there.