Determination of names and boundaries of federal electoral divisions in Western Australia: 2 August 2021

Overview

The Determination of Names and Boundaries of Federal Electoral Divisions in Western Australia: 2 August 2021, is a gazette notice issued under the Commonwealth Electoral Act 1918. This legislation was enacted to ensure that the division of the Commonwealth into electoral divisions is carried out in a fair and systematic manner, reflecting the population distribution and adhering to the principles set forth in the Electoral Act. The problem or gap this legislation addresses is the need for regular updates to electoral boundaries to maintain equitable representation in the House of Representatives, as required by law. The determination was made by the augmented Electoral Commission for Western Australia, acting in accordance with the provisions of the Electoral Act, and the boundaries and names of the electoral divisions will apply from 2 August 2021 until further notice. The policy objective, as per the Electoral Act, is to facilitate the proper conduct of elections and the equitable representation of the people of Australia.

Scope and Application

This legislation, issued under the Commonwealth Electoral Act 1918, delineates the names and boundaries of the 15 federal electoral divisions in Western Australia, effective from 2 August 2021. These electoral divisions are Brand, Durack, O’Connor, Burt, Forrest, Pearce, Canning, Fremantle, Perth, Cowan, Hasluck, Swan, Curtin, Moore, and Tangney. The determination of these boundaries was made by the augmented Electoral Commission for Western Australia, in compliance with the requirements outlined in sub-sections 73(3), 73(4), and 73(4A) of the Electoral Act. The detailed maps depicting these electoral boundaries are available on the Australian Electoral Commission website and have been lodged in file number 2021/4129 at the National Office of the Australian Electoral Commission in Canberra. The scope of this legislation applies to the entire Commonwealth of Australia, specifically affecting the electoral process within Western Australia. It does not, however, alter the election of a new member to fill a vacancy in the House of Representatives until the next expiration or dissolution of the House, as stipulated by sub-section 73(6) of the Electoral Act. The application of this Act may be further refined or extended through subordinate instruments, in accordance with the provisions of the Electoral Act.

Key Provisions

The main operative sections of the Determination of names and boundaries of federal electoral divisions in Western Australia, gazetted on 2 August 2021, detail the allocation of electoral divisions within Western Australia and set out the boundaries for these divisions (subsections 73(1) and 73(1)). The augmented Electoral Commission for Western Australia has established fifteen electoral divisions, namely Brand, Durack, O’Connor, Burt, Forrest, Pearce, Canning, Fremantle, Perth, Cowan, Hasluck, Swan, Curtin, Moore, and Tangney. The boundaries of these divisions are specified and can be accessed via the Australian Electoral Commission's website and the official file lodged with the National Office of the Australian Electoral Commission (subsections 73(1) and 73(3)). The determinations adhere to the criteria outlined in subsections 73(3), 73(4), and 73(4A) of the Commonwealth Electoral Act 1918. The augmented Electoral Commission for Western Australia, in its role under the Electoral Act, is responsible for ensuring that the electoral divisions are fairly represented and that the boundaries are clearly defined. This includes making decisions that comply with the statutory requirements and making these decisions public by lodging the relevant maps and documents with the Australian Electoral Commission (subsections 73(1) and 73(6)). The Commission must also ensure that the determinations are made in accordance with the principles set out in the Electoral Act, including the equitable representation of the population across the divisions. Under the Electoral Act, breaches of the obligations placed upon the augmented Electoral Commission could lead to legal challenges or reviews. Although the Act does not explicitly state penalties for errors in the determination of electoral boundaries, any significant misallocation or improper demarcation could be subject to judicial review or other legal remedies. The consequences of such a breach could potentially include the nullification of the electoral division boundaries, necessitating a re-determination and potentially significant disruption to the electoral process. In terms of civil and criminal consequences, while the Act does not specify explicit penalties for breaches of the electoral division determinations, any actions that result in unlawful or unfair electoral practices could be subject to legal action. This might include challenges in the Federal Court of Australia, which could lead to orders for correction or re-determination of the electoral boundaries. Additionally, if the actions of the Commission were found to be deliberately misleading or unlawful, there could be potential for criminal charges under other relevant legislation, although these are not specified within the text of the Electoral Act itself.