Determination of names and boundaries of federal electoral divisions in Western Australia: 24 September 2024

Overview

The Commonwealth Electoral Act 1918, enacted by the Parliament of Australia, establishes the framework for the conduct of federal elections and the determination of electoral divisions. In addressing the need for equitable and representative electoral boundaries, the Act provides mechanisms for regular redistributions to reflect population changes and ensure fair representation. The recent determination of names and boundaries of federal electoral divisions in Western Australia, gazetted on 24 September 2024, was made by the augmented Electoral Commission for Western Australia on 27 July 2023, pursuant to section 73 of the Electoral Act. This determination allocates Western Australia 16 members in the House of Representatives, with the specific names and boundaries set to apply from 24 September 2024. The redistribution ensures adherence to the statutory requirements and maintains the integrity of federal electoral representation within the state.

Scope and Application

The Determination of Names and Boundaries of Federal Electoral Divisions in Western Australia, issued on 27 July 2023 and effective from 24 September 2024, applies to the allocation of 16 members of the House of Representatives in Western Australia, as outlined by the Commonwealth Electoral Act 1918. This Act governs the electoral process, including the delineation of boundaries and naming of federal electoral divisions, ensuring these are in compliance with the Electoral Act. The determination encompasses all eligible voters and candidates within these divisions, and the boundaries are clearly delineated on maps available on the Australian Electoral Commission website and officially lodged with the Commission. This legislative action has a national reach within Australia and specifically impacts the electoral process in Western Australia, affecting all relevant persons and entities engaged in federal electoral activities within the specified divisions until the next determination. The Act does not specify exclusions, exemptions, or thresholds, and its application may be further refined through subordinate instruments as necessary.

Key Provisions

The determination of the names and boundaries of federal electoral divisions in Western Australia, as published in the Commonwealth Government Notices Gazette on 24 September 2024, outlines the specific electoral divisions that will be used for the election of members to the House of Representatives. This determination, made by the augmented Electoral Commission for Western Australia, establishes 16 electoral divisions, each with a unique name: Brand, Cowan, Fremantle, Pearce, Bullwinkel, Curtin, Hasluck, Perth, Burt, Durack, Moore, Swan, Canning, Forrest, O’Connor, and Tangney. The boundaries for each division are detailed in maps available on the Australian Electoral Commission (AEC) website and are formally lodged in file number 2024/10799 at the AEC's National Office in Canberra. These determinations are made pursuant to sub-section 73(1) of the Commonwealth Electoral Act 1918 (the Electoral Act), with specific considerations under sub-sections 73(3), 73(4), and 73(4A). Under the Electoral Act, the augmented Electoral Commission for Western Australia is tasked with ensuring that the electoral divisions are fairly and equitably distributed based on population and other relevant factors. This involves a rigorous process of data collection, analysis, and public consultation to ensure that the electoral divisions are as uniform in population as practicable. The Commission must also ensure that the electoral boundaries do not unduly favour any political party or group, in line with the overarching principles of fair representation and electoral integrity. The determination of these divisions is subject to the provisions of the Electoral Act and will apply from 24 September 2024 until a new determination is made, as stipulated by sub-section 73(1) of the Electoral Act. The obligations imposed on parties and entities governed by this Act include the requirement to adhere to the determined boundaries for the electoral divisions in conducting elections. Political parties, candidates, and electoral officers must use these boundaries when preparing for and conducting elections, ensuring that voters are correctly placed within their respective divisions. This includes the preparation of electoral rolls, the establishment of polling places, and the administration of the voting process. Furthermore, the Electoral Commission must ensure that all electoral materials, such as maps and voter guides, accurately reflect the newly determined boundaries. These obligations are critical to maintaining the integrity of the electoral process and ensuring that the elections are conducted in a fair and transparent manner. Breaches of the requirements set out in the Electoral Act can result in various civil, criminal, and administrative consequences. For instance, knowingly providing false or misleading information during the electoral process can result in criminal charges, with potential penalties including fines and imprisonment. Additionally, electoral officers found to have acted negligently or in bad faith may face disciplinary action, including suspension or removal from office. The Electoral Act also provides for the possibility of legal challenges to the determination of electoral boundaries, with the outcome potentially leading to adjustments or corrections to the boundaries. The specific penalties for breaches of the Electoral Act are detailed in the relevant sections of the Act and can include substantial fines and other sanctions, depending on the nature and severity of the breach.