Internal review
120 Internal review
This section only applies in relation to decisions made by a delegate of the Electoral Commissioner who is not:
the Deputy Electoral Commissioner; or
an Australian Electoral Officer.
A person notified of a reviewable decision made in relation to the person may apply, in writing, to the Electoral Commissioner for a review of the decision.
For the purposes of this section, a decision by the Electoral Commissioner mentioned in an item in the following table is a reviewable decision in relation to the person mentioned in that item:
Reviewable decisions | |
|---|---|
Item | Reviewable decision |
1 | A decision under section 93A to refuse to include a person’s name in a Roll. |
1A | A decision under section 94A to refuse an application under subsection 94A(1) by a person for enrolment for a Subdivision from outside Australia. |
2 | A decision under section 95 to refuse an application under subsection 95(1) by a person to have his or her name placed on a Roll and be treated as an eligible overseas elector. |
2A | A decision under section 96 to refuse an application under subsection 96(1) by a person for enrolment as an itinerant elector. |
3 | A decision under section 98A to refuse to include in a Roll, or transfer to a Roll, a person’s name. |
4 | A decision under subsection 102(1) to reject a person’s claim for enrolment, for transfer of enrolment, or for age 16 enrolment. |
5 | A decision under subsection 103A(3) or (4) to take action to update or transfer a person’s enrolment. |
6 | A decision under subsection 103B(3) or (4) to take action to enrol a person. |
7 | A decision under subsection 104(4) to refuse a request under subsection 104(1) or (2) that a person’s address not be entered on a Roll or that it be deleted from a Roll. |
8 | A decision under subsection 104(8) that a person’s address should be entered on the Roll. |
9 | A decision under section 105 to alter an entry on the Roll for a person (including a decision to add or remove a person’s name from a Roll). |
10 | A decision under section 116 or 118 to dismiss an objection made by a person or, because of subsection 118(1A), not to determine an objection made by a person. |
11 | A decision under section 118, on an objection, to remove a person’s name from the Roll. |
12 | A decision under section 185 to refuse to register a person as a general postal voter. |
13 | A decision under subsection 185C(1) to cancel a person’s registration as a general postal voter. |
14 | A decision under section 314AV (anti‑avoidance) to give a notice to a person or entity. |
15 | A decision under section 109M (anti‑avoidance) of the Referendum (Machinery Provisions) Act 1984 to give a notice to a person or entity. |
An application under subsection (1) may only be made before the end of the period of 28 days starting on the day on which notice is given as mentioned in that subsection.
After receiving an application under subsection (1), the Electoral Commissioner must:
personally review the reviewable decision; or
cause the reviewable decision to be reviewed by a person to whom the Commissioner’s powers and functions under this section are delegated and who was not involved in making the reviewable decision.
After the person mentioned in paragraph (4)(a) or (b) (the reviewer) has reviewed the reviewable decision, the reviewer must make a decision (an internal review decision):
confirming the reviewable decision; or
varying the reviewable decision; or
setting aside the reviewable decision and substituting a new decision.
An internal review decision is reviewable by the Administrative Review Tribunal (see section 121). Under the Administrative Review Tribunal Act 2024, notice must be given to persons whose interests are affected by an internal review decision.
For the purpose of the review, the reviewer may exercise all the powers and discretions conferred by this Act on the person who made the reviewable decision.
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