Gallagher and Australian Electoral Commission

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 127

ADMINISTRATIVE APPEALS TRIBUNAL      )

) No 2007/4898 & 2008/0002

GENERAL ADMINISTRATIVE DIVISION		)
Re		SEAN GALLAGHER

Applicant

And AUSTRALIAN ELECTORAL COMMISSION

Respondent

DECISION

Tribunal Senior Member M D Allen

Date8 February 2008

PlaceSydney

Decision For the reasons given orally at the conclusion of the hearing in these matters, the Decisions under review are AFFIRMED.

..................[sgd]......................

M D Allen
  Senior Member

CATCHWORDS

ENROLEMENT OBJECTION – review of decisions made by respondent of objections made by applicant to enrolment of three electors who did not reside at the addresses provided to respondent as their places of abode – factual matrix surrounding decision under review at time decision was made – intention of elector at time decision was made – supervening events altering that intention – assertion that certain facts exist is no evidence of the existence of those facts – electors stated  temporarily absent from normal place of abode because of renovations – renovations delayed – absence of any evidence to the contrary – decisions under review affirmed

LEGISLATION

Commonwealth Electoral Act 1918 sections 114(4) and 117

CASE LAW

Shi v Migration Agents Registration Authority [2005] AATA 904

REASONS FOR DECISION

8 February 2008           Senior Member M D Allen 

1. At the conclusion of the hearing of the above matter the terms of the decision intended to be made and the reasons therefor were stated orally. After service upon the Respondent of a copy of the decision that was in fact made, the Respondent pursuant to Sub‑section 43(2A) of the Administrative Appeals Tribunal Act 1975 requested the Tribunal to furnish to the Respondent statement in writing of the reasons of the Tribunal for its decision.

2.      The oral reasons for decision have been transcribed by Auscript, the Commonwealth Reporting Service.  Whereas those oral reasons may reflect the inelegance of an extempore decision, they are in fact the reasons for the said decision.

3.        The said transcript is annexed hereunto and furnished to the Applicant and to the Respondent as it is the reasons for the Tribunal's decision.

I certify that this and the preceding page are a true copy of the decision and reasons for decision herein of:

Senior Member M D Allen

Signed:         [sgd]  Mwela Kapapa         
           .................................................

Associate

Date of Hearing  8 February 2008

Date of Decision  8 February 2008

Solicitor for the Applicant            Self-represented 

Solicitor for the Respondent       Australian Electoral Commission, Legal Services Branch

EXTRACT OF TRANSCRIPT OF PROCEEDINGS                 [11:13 am]

MR ALLEN:   There are before me this morning two applications to review decisions of the Australian Electoral Office from State Manager for the Australian Electoral Commission for the State of New South Wales.  The proceedings arise out of objections made by the Applicant to the enrolment of three electors residing in Sydney’s eastern suburbs.  Basically, the Applicant alleged to the Respondent, initially to the divisional returning officer of the applicable electorate, that the persons concerned did not live at the addresses which they had…