Redistribution of Federal Electoral Divisions in New South Wales suggestions and comments on suggestions 27 September 2023

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Legislation au C2023G01109 In force Gazette

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Redistribution of Federal Electoral divisions IN NEW SOUTH WALES

SUGGESTIONS AND COMMENTS ON SUGGESTIONS

27 September 2023

 

In accordance with section 64 of the Commonwealth Electoral Act 1918 (the Electoral Act), the Electoral Commissioner invites interested persons or organisations to make written suggestions, from Wednesday 27 September 2023, about the redistribution of federal electoral divisions for the House of Representatives in New South Wales; and to make written comments on the suggestions which are lodged.

WHY IS A REDISTRIBUTION REQUIRED?

A redistribution of federal electoral divisions in New South Wales is required following a determination on Thursday 27 July 2023 of the number of members of the House of Representatives to which each state and territory will be entitled at the next federal general election. New South Wales’ entitlement decreased from 47 to 46 members of the House of Representatives. On Wednesday 9 August 2023, in accordance with section 59 of the Electoral Act, the Electoral Commission directed that a redistribution commence.

WHO WILL CONDUCT THE REDISTRIBUTION?

The redistribution will be conducted by a Redistribution Committee appointed by the Electoral Commission in accordance with section 60 of the Electoral Act.

The Electoral Act requires that the Redistribution Committee for New South Wales comprise the Australian Electoral Commissioner, the Australian Electoral Officer for New South Wales, and two senior officials based in New South Wales.

LEGAL REQUIREMENTS FOR A REDISTRIBUTION

In making its proposed redistribution, the Redistribution Committee is bound by section 66 of the Electoral Act.

The number of electors in each proposed electoral division must not deviate by more than 10 per cent above or below the redistribution quota. The redistribution quota for New South Wales was determined by the Electoral Commissioner to be 121,011.

As far as practicable, the Redistribution Committee will ensure that the number of electors enrolled in each electoral division at Monday 10 April 2028 (the projection time) will not deviate by more than 3.5 per cent above or below the projected enrolment quota of 129,621.

The actual and projected enrolment figures, redistribution and projected enrolment quotas, and the redistribution timetable, are available on the Australian Electoral Commission (AEC) website: www.aec.gov.au/nsw-redistribution

Section 66 of the Electoral Act also provides that the Redistribution Committee:

‘give due consideration, in relation to each proposed Electoral Division, to:

(i) community of interests within the proposed Electoral Division, including economic, social and regional interests;

(ii)                 means of communication and travel within the proposed Electoral Division;

(iv) the physical features and area of the proposed Electoral Division; and

(v) the boundaries of existing Divisions in the State or Territory’

Consideration of existing boundaries is subordinate to the other factors set out above.

THE BOUNDARIES OF THE ELECTORAL DIVISIONS WILL CHANGE

Abolishing a federal electoral division will require consequential changes to be made to the boundaries of existing federal electoral divisions.

In addition, on the boundaries in place when the redistribution commenced on Wednesday 9 August 2023:

  • 8 federal electoral divisions do not meet the requirement to be within plus and minus 10 per cent of the current enrolment quota of 121,011, and
  • 35 electoral divisions do not meet the requirement to be within plus and minus 3.5 per cent of the projected enrolment quota of 129,621 at the projection time of Monday 10 April 2028.

As a consequence, the Redistribution Committee will be required to adjust the boundaries of electoral divisions so that the requirements of the Electoral Act can be met. In adjusting the boundaries of the 35 federal electoral divisions which do not currently meet the required parameters, it may become necessary to adjust the boundaries of other electoral divisions. This will ensure they also meet the required parameters.

THE REDISTRIBUTION PROCESS

The redistribution is carried out in accordance with the Electoral Act. The key stages of the redistribution process are as follows.

Step 1 - Suggestions

Any interested person or organisation who wishes to make suggestions relating to the boundaries or names of electoral divisions, has until 6pm Australian Eastern Daylight Saving Time (AEDT) Friday 27 October 2023 to lodge them in writing with the Redistribution Committee via the means listed in the ‘How to lodge a suggestion or comment on a suggestion’ section below. Suggestions received after the prescribed lodgement time cannot be considered.

People or organisations making suggestions are requested, where practical, to provide any paper maps in A4/A3 size to facilitate copying.

Step 2 - Comments on the suggestions

The suggestions will be available for public inspection from Monday 30 October 2023 at the office of the Australian Electoral Officer for New South Wales (see the AEC website for information about how to make an appointment) and on the AEC’s website (www.aec.gov.au/nsw-redistribution). Any comments on the suggestions must be lodged in writing with the Redistribution Committee by 6pm AEDT Friday 10 November 2023. Comments received after the prescribed lodgement time cannot be considered.

Step 3 - Redistribution proposal

After considering the written suggestions and comments, the Redistribution Committee will propose a redistribution of federal electoral divisions for New South Wales. Maps showing the proposed boundaries and names of electoral divisions will then be published in selected newspapers and on the AEC website and will be made available at all AEC offices in New South Wales.

Step 4 - Objections to the proposed redistribution

Objections to the proposed redistribution must be lodged within 28 days of the publication of the proposed redistribution. There is a further 14-day period for lodgement of written comments on any objections.

Step 5 - Objections considered by the augmented Electoral Commission

The augmented Electoral Commission for New South Wales considers all objections and comments on objections. The augmented Electoral Commission comprises the members of the Redistribution Committee together with the Chairperson of the AEC and the third member of the Electoral Commission.

Step 6 - The second redistribution proposal

After it has considered all objections and comments, the augmented Electoral Commission will make its own proposed redistribution.

Step 7 - Further objections

If, in the opinion of the augmented Electoral Commission, their proposal is significantly different from the Redistribution Committee’s proposal, the augmented Electoral Commission will invite further objections.

Step 8 - Final determination

After considering all submissions the augmented Electoral Commission will make a final determination of boundaries and names of the electoral divisions for New South Wales by notice published in the Commonwealth Government Notices Gazette.

For more information about the redistribution process visit the AEC’s website: www.aec.gov.au/nsw-redistribution

HOW TO LODGE A SUGGESTION OR A COMMENT ON A SUGGESTION

Suggestions and comments on suggestions should be lodged via the AEC website at www.aec.gov.au/nsw-redistribution. Suggestions and comments on suggestions can also be submitted:

  • by email to: FedRedistribution-NSW@aec.gov.au
  • by mail to: Redistribution Committee for New South Wales, Locked Bag 4007, Canberra ACT 2601
  • by fax to: 02 6215 9969.
Public availability of suggestions and comments on suggestions

The Electoral Act requires that submissions to the Redistribution Committee be made publicly available. Copies of all submissions will be made available in full for public inspection at the office of the Australian Electoral Officer for New South Wales (see the AEC website for information about how to make an appointment), in accordance with the Electoral Act.

All submissions will also be published in full on the AEC’s website and included in reports produced by the Redistribution Committee and the augmented Electoral Commission.

Signatures and address details of people and organisations that lodge written submissions will be removed prior to publication.

It is strongly recommended those wishing to make suggestions or comments on suggestions read the ‘Guidelines for making a suggestion.’

MORE INFORMATION

Persons or organisations intending to make submissions to the Redistribution Committee are urged to take account of the requirements of the Electoral Act. In particular, those making submissions are advised to ensure their submissions are in the physical possession of the Redistribution Committee for New South Wales’ secretariat by the relevant closing time.

A wide range of information is available on the AEC’s website, including:

  • further information about the federal redistribution process in New South Wales, including an indicative timetable and background information – www.aec.gov.au/nsw-redistribution
  • information about current electoral divisions in New South Wales – www.aec.gov.au/profiles/nsw/
  • Guidelines for making a submission – www.aec.gov.au/Electorates/Redistributions/guidelines-for-submissions.htm
  • Guidelines for naming federal electoral divisions – www.aec.gov.au/Electorates/Redistributions/guidelines.htm

         the legal requirements for a federal redistribution as outlined in Part IV of the Commonwealth Electoral Act 1918www.aec.gov.au/Elections/australian_electoral_system/Electoral_Legislation.htm

         general information about the redistribution process – www.aec.gov.au/Electorates/Redistributions/

 

Further information can be obtained from the Redistribution Secretariat:

Phone number: (02) 9127 2959

Email address: FedRedistribution-NSW@aec.gov.au

 

 

 

 

Tom Rogers

Electoral Commissioner

 

Overview

The Commonwealth Electoral Act 1918 (the Electoral Act) governs the redistribution of federal electoral divisions, including the process for New South Wales. The Act was enacted to ensure fair representation of the population in the House of Representatives by requiring periodic adjustments to electoral boundaries. In response to a determination on 27 July 2023, which reduced New South Wales' entitlement from 47 to 46 members of the House of Representatives, the Electoral Commission directed on 9 August 2023, pursuant to section 59 of the Electoral Act, that a redistribution commence. The redistribution process involves the Redistribution Committee, appointed by the Electoral Commission and comprising the Australian Electoral Commissioner, the Australian Electoral Officer for New South Wales, and two senior officials based in New South Wales. The Committee must adhere to the legal requirements stipulated in section 66 of the Electoral Act, which mandates that the number of electors in each proposed division must not deviate by more than 10% above or below the redistribution quota. The redistribution quota for New South Wales is set at 121,011, with a projected enrolment quota of 129,621 by 10 April 2028. The Committee must also consider factors such as community of interests, means of communication, physical features, and existing boundaries, with consideration of existing boundaries being subordinate to other factors.

Scope and Application

The Commonwealth Electoral Act 1918 governs the redistribution of federal electoral divisions in New South Wales, which is necessitated by changes in the number of members of the House of Representatives to which each state and territory will be entitled at federal elections. In this instance, New South Wales' entitlement has decreased from 47 to 46 members, leading to a redistribution requirement. This redistribution applies to the federal electoral divisions in New South Wales, affecting the geographic boundaries of these divisions to ensure compliance with the Act's requirements for elector numbers. The process involves a Redistribution Committee appointed by the Electoral Commission, comprising the Australian Electoral Commissioner, the Australian Electoral Officer for New South Wales, and two senior officials from New South Wales. The Committee must ensure that the number of electors in each proposed division does not deviate by more than 10% above or below the redistribution quota and, as far as practicable, does not deviate by more than 3.5% above or below the projected enrolment quota by a specified future date. The Act does not explicitly state any exclusions or exemptions to the redistribution process, but it does require consideration of community interests, communication and travel means, physical features, and existing boundaries, albeit with the latter being subordinate to other factors. The process involves several stages, including public suggestions and comments, followed by objections and final determinations by an augmented Electoral Commission. The redistribution will result in changes to existing boundaries to meet the prescribed quotas.

Key Provisions

The main operative sections of the legislation (Gazette C2023G01109) invite interested persons or organisations to submit written suggestions regarding the redistribution of federal electoral divisions for the House of Representatives in New South Wales, and to make written comments on those suggestions. This process is governed by section 64 of the Commonwealth Electoral Act 1918 (the Electoral Act). The redistribution is necessitated by a recent determination that reduced New South Wales' entitlement from 47 to 46 members of the House of Representatives, as mandated by section 59 of the Electoral Act. A Redistribution Committee, as outlined in section 60 of the Electoral Act, will oversee this process. The Redistribution Committee must adhere to strict legal requirements set forth in section 66 of the Electoral Act, including ensuring that the number of electors in each proposed electoral division does not deviate by more than 10% above or below the redistribution quota of 121,011, and as far as practicable, not deviate by more than 3.5% above or below the projected enrolment quota of 129,621 at the projection time of 10 April 2028. The Act imposes several obligations and requirements on the parties involved in the redistribution process. The Redistribution Committee must consider various factors such as community of interests, means of communication and travel, physical features and area of the proposed Electoral Division, and existing boundaries of divisions in the state. Additionally, the Committee must adjust the boundaries of electoral divisions to meet the enrolment requirements, which may involve altering the boundaries of other divisions to ensure compliance. The redistribution process includes several key stages: submission of suggestions by interested persons or organisations by 27 October 2023, public inspection of these suggestions and the ability to lodge comments on them by 10 November 2023, the Redistribution Committee proposing a redistribution, and the augmented Electoral Commission considering objections and comments before making a final determination. Under the Electoral Act, breaches of the outlined provisions may result in various penalties and consequences. The exact nature of these penalties is not specified in the text but generally, non-compliance with the legal requirements for a redistribution, failure to adhere to the stipulated timelines, or providing misleading information could lead to civil or criminal consequences. The maximum penalties are not detailed in the provided excerpt but could range from fines to more severe sanctions depending on the severity and intent behind the breach. The process ensures transparency and public participation, requiring all submissions to be made publicly available for inspection and publication on the Australian Electoral Commission’s website, thereby promoting accountability and public scrutiny.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.